Loading...
2019-11-19 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA November 19, 2019 7:00 pm Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Presentations a. Update on Fire Station Expansion/Remodel by Paul Oberhaus, CPMI 6. Consent Agenda a. Approve November 6, 2019 City Council Minutes b. Acknowledge September 10, 2019 Parks and Recreation Commission Meeting Minutes c. Acknowledge September 25, 2019 Parks and Recreations Commission Tour Minutes d. Acknowledge September 18, 2019 Airport Relations Commission Meeting Minutes e. Acknowledge September 2019 Par 3 Financial Report f. Approve Resolution 2019-87 Designate Polling Locations for 2020 Elections g. Approve Ordinance 548 Amend City Code Section 3-5 Concerning Rental Housing h. Approve Resolution 2019-88 Providing for the Second Supplemental Indenture of Trust Related to Multifamily Housing Revenue Bonds (Lexington Heights Apartments Project), Series 2013 and Authorizing the Execution of Documents Related Thereto i. Approve Resolution 2019-93 Renew the Emergency Management Joint Powers Agreement With Dakota County j. Approve Resolution 2019-90 Approving a Permit to Dakota County for a Rain Garden k. Supporting the EAB Community Forest Grant Applications – Amended Memo l. Approve Resolution 2019-96 Accepting a Donation m. Approve Resolution 2019-94 Certifying Delinquent Sewer Accounts n. Approve Resolution 2019-95 Certifying Delinquent Water Accounts o. Accept Firefighter Retirement p. Acknowledge October 2019 Building Activity Report q. Approve Claims List 7. Citizen Comment Period *see guidelines below 8. Public Hearings – none 9. New and Unfinished Business a. Resolution 2019-92 Storm Sewer Rate Adjustment b. Resolution 2019-91 Sanitary Sewer Rate Adjustment 10. Community Announcements 11. Council Comments 12. Adjourn Guidelines for Citizen Comment Period: “The Citizen Comments section of the agenda provides an opportunity for the public to address the Council on items which are not on the agenda. All are welcome to speak. Comments should be directed to the Mayor. Comments will be limited to 5 minutes per person and topic; presentations which are longer than five minutes will need to be scheduled with the City Clerk to appear on a future City Council agenda. Comments should not be repetitious. Citizen comments may not be used to air personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council members will not enter into a dialogue with citizens, nor will any decisions be made at that presentation. Questions from the Council will be for clarification only. Citizen comments will not be used as a time for problem solving or reacting to the comments made, but rather for hearing the citizen for information only. If appropriate, the Mayor may assign staff for follow up to the issues raised.” DATE: November 19, 2019 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Construction Manager Update Comment: Paul Oberhaus of CPMI will be in attendance at the November 19th City Council meeting to provide his monthly update on the progress of the project. He is the Construction Manager for the Fire Station construction project. Mark McNeill City Administrator page 3 page 4 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Wednesday, November 6, 2019 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 Garlock called the meeting to order at 7:00 p.m. Councilors Duggan, Paper, Miller, and Petschel were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. Mayor Garlock read a statement recognizing Veterans Day. He stated that the City is proud to have members on staff and City Council who are veterans. He explained that Mendota Heights is joining with the cities of West St. Paul, Mendota, and Lilydale to become the Northern Dakota County “Beyond the Yellow Ribbon” group. The group has taken steps to assist veterans, as well as members of the Minnesota National Guard, when they are deployed. In addition, they also assist families while their loved ones are away. He reminded members of the community to recognize our veterans on Veterans Day and to not let this recognition be limited to a single day as it is worthy of a year-round effort. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilor Petschel moved adoption of the agenda. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilor Petschel moved approval of the consent calendar as presented, pulling items a.) Approval of October 16, 2019 City Council Minutes and h.) Approve Resolution 2019-86 Supporting a Community Forest Grant for EAB Management. a. Approval of October 16, 2019 City Council Minutes b. Approval of October 28, 2019 Council Work Session Minutes c. Approve Ordinance No. 547 Amending City Code Section 7-2-2 Concerning The Fire Code And Section 9-1-1 Concerning State Building Code page 5 d. Approval of Public Works Maintenance Worker Hire e. Approve Resolution 2019-83 Final Payment for Lexington Highlands & Mendakota Improvements f. Approve Resolution 2019-84 Final Payment for the Marie Park Tennis Court Rehabilitation g. Approve Purchase of Replacement Mack Plow Truck h. Approve Resolution 2019-86 Supporting a Community Forest Grant for EAB Management i. Approve Resolution 2019-85 Zero Dollar Permit to the Minnesota Department of Transportation j. Acknowledge September 2019 Fire Synopsis k. Approval of September 2019 Treasurer’s Report l. Approval of Claims List Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS A) APPROVAL OF OCTOBER 16, 2019 CITY COUNCIL MINUTES Councilor Duggan noted that the minutes indicated that some items need to be followed up on by staff. He suggested that staff get back to the Council and the community when there is a need for follow-up on an issue. He suggested that once a month, or at least quarterly, staff list the items to be followed-up on and share what has been done in that regard. Councilor Duggan moved to approve the October 16, 2019 City Council Minutes as presented. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 H) APPROVE RESOLUTION 2019-86 SUPPORTING A COMMUNITY FOREST GRANT FOR EAB MANAGEMENT Councilor Duggan stated that he believed there to be a math error under the Budget Impact heading of the staff memo. Staff said they would pass it on to the appropriate people to be addressed. Natural Resources Technician Krista Spreiter replied that the actual total project cost is $127,900 for the Prepare Grant. The Tree Planting Grant totals $15,500. The $31,975 amount is the 25% match. Councilor Duggan requested that staff provide a memo to Council with this explanation, so they have it in writing. Councilor Duggan moved to adopt RESOLUTION 2019-86 SUPPORTING EMERALD ASH BORER COMMUNITY FOREST GRANT APPLICATIONS. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 page 6 PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2019-82 DEFERRING ASSESSMENT FOR 1844 DODD ROAD Public Works Director Ryan Ruzek explained that the Council was being asked to approve Resolution 2019-82, deferring the assessment for 1844 Dodd Road. The assessment was in relation to the Wesley Neighborhood Street Improvement Project. The property currently has a driveway accessing onto Dodd Road and not onto Mager Court. The recommendation is to defer the assessment of $5,500 against this property until such time that the property develops. The homeowner, Mr. Louis Eschle, is requesting that the deferment not accrue interest, so Council is asked to review the interest portion of this assessment. The interest rate for the bonds was set at 1.7351 percent. It is the policy of the city to charge 2% over that rate for assessments that will be paid over ten years. Councilor Duggan asked when the property may develop. Mr. Ruzek replied that that is undetermined at this time. Mr. Louis Eschle indicated that he currently has no plans to sell or subdivide his property. Mr. Louis Eschle questioned why the city would make the interest retroactive. He stated he believed this to be usury. Councilor Petschel explained that everyone who appears before the Council is treated in the same manner. She provided examples of other property owners who have deferred their principal assessment amounts, and are paying the interest. Not paying the interest sets a very bad precedent because all of the other taxpayers would have to make up that difference. That is not the way other residents in the R-1 district, who have appeared before the Council, have had this settled. She completely supports the deferment of the principal but cannot support deferring the interest. Mr. Eschle disagreed and stated that he would rather pay the $5,500 now. In light of the resident’s wishes, Councilor Petschel moved to withdraw RESOLUTION 2019-82 DEFERRING THE ASSESSMENT FOR PROPERTY LOCATED AT 1844 DODD ROAD (PID 27- 02500-26-010) FOR THE WESLEY NEIGHBORHOOD STREET IMPROVEMENT PROJECT. Councilor Duggan seconded the motion. To ensure that Mr. Eschle fully understands the implications, Councilor Miller asked Mr. Eschle if he was comfortable with paying the $5,500 and foregoing the deferment as opposed to continuing with his request. Mr. Eschle stated that he fully understood and would pay the $5,500. Ayes: 5 Nays: 0 page 7 B) ORDINANCE NO. 545 AMENDING TITLE 12, ARTICLE G. I INDUSTRIAL DISTRICT, CHAPTER 1 GENERAL PROVISIONS REGARDING FLOOR AREA RATIO (FAR) STANDARDS IN THE I-INDUSTRIAL DISTRICT Community Development Director Tim Benetti provided a brief background on this item. The Council was being asked to consider a recommendation to delete the floor area ratio (FAR) requirement from the Code. The current FAR for the Industrial District is 0.5, a ratio of building space or building area to the land area. Personal self-storage use was approved for the Industrial District in May 2019. In August 2019, Metro Storage came forward with a Conditional Use Permit (CUP) request to allow for the 117,810 square foot personal self-storage facility and a variance to exceed the 0.5 FAR standard at 1.24. Mr. Benetti reiterated that staff was unaware that the FAR for the Metro Storage request was going to be at 1.24 when the Council discussed adding personal self-storage as an approved use in May. However, when Metro Storage came forward with the request for the CUP, staff became aware of the overage in the FAR. Therefore, they came forward with the variance request. At the August 27th meeting, the Planning Commission recommended deleting the FAR from the Code. This was presented to the City Council at their October 2nd meeting and the request was tabled to a workshop meeting on October 28th. Mr. Jim Walston, attorney representing Metro Storage, suggested the Council amend the ordinance to exempt personal storage facilities from the Industrial Park 0.5 FAR, and create new language that would permit personal self-storage facilities in the Industrial Park with a FAR no greater than 1.25. Councilmember Duggan asked if Mr. Walston had this request in writing for the city to consider. Mr. Walston replied that he does not have a specific document stating that. Mr. Dave Carland, representing Metro Sales, stated that what they are suggesting is that they take the zoning text amendment that was passed, and add a condition H that states that self-storage facilities are allowed to exceed the FAR up to 1.25. It would only modify the FAR as it relates to self-storage and leaves it intact for any other business in the Industrial District. Councilor Duggan asked if this would be spot zoning by creating an ordinance for a company, when normally an ordinance is created for an entire city. City Attorney Pratt replied that this would apply to all personal self-storage facilities, not only one business or entity. Attorney Pratt continued by stating there are different FAR requirement for some uses. In the B-4 district, there is a 1.0 FAR so there is precedence to moving the FAR around from 0.5, as long as it is done in a way that is treating all equally. Councilor Duggan expressed his discomfort until staff has had a chance to determine if what is being asked is reasonable. He questioned if it would be exclusionary to other areas in the city or is it an opportunity for others. page 8 Councilor Petschel asked Attorney Pratt to address the timeline limitations set by statute. Attorney Pratt replied that when a zoning application is submitted and deemed complete by staff, there is a 60-day time limit to act on the application or else it is deemed to be approved. That 60-day time limit can be extended one time for another 60 days by the city. Any extensions beyond that need to be agreed to by the applicant. Councilor Petschel asked when the 60 day timeframe expires for this applicant. Mr. Benetti replied that the application for the Conditional Use Permit and Variance on the self-storage use was extended to December 5, 2019. As far as the Code amendment to delete the FAR, the city is the applicant and it is not subject to the 60-day rule. Councilor Petschel expressed her concern, stating that by delaying the Code amendment, the Conditional Use Permit and Variance application will automatically be approved because the city will not have made a timely decision. Councilor Miller asked, if the application is automatically approved, how that would affect the Code amendment. Attorney Pratt replied that it does not force the city’s hand to make an adjustment in the city code; just that particular application will have been deemed to be approved. This would include the CUP and the Variance to the FAR standard. Mr. Walston stated that the applicant has no interest in allowing the land use decision to be passed by default and by the passage of time. That is not good planning and it does not create goodwill. Councilor Duggan asked if the applicant would return with an amended proposal if the ordinance amendment were denied. Mr. Walston suggested there be discussions with him, Attorney Pratt, and Mr. Benetti on the best way to move ahead with the proposal. Mayor Garlock asked if the Council could table the ordinance amendment and have the three people meet. All parties agreed. Councilor Paper stated that he is in favor of the elimination of the FAR requirement for the Industrial District. Someday, there is going to be redevelopment in the Industrial District. What about the next applicant that comes forward that has a great idea to reuse property in a way that the city is not aware of, yet, but it would bring jobs or something that would be pleasing to the city. He asked why would one limit it? He stated that he would support Ordinance 545. He said that overall, this is better for the community and the ability to redevelop the Industrial District. He stated he supports the Planning Commission’s recommendation. Mayor Garlock also agreed with the Planning Commission ofor deleting the FAR from the ordinance. Councilor Paper moved to adopt ORDINANCE NO. 545 AMENDING TITLE 12, ARTICLE G. I INDUSTRIAL DISTRICT, CHAPTER 1 GENERAL PROVISIONS REGARDING FLOOR AREA RATIO (FAR) STANDARDS IN THE I-INDUSTRIAL DISTRICT. Mayor Garlock seconded the motion. Ayes: 2 (Paper, Garlock) Nays: 3 (Duggan, Miller, Petschel) page 9 Councilor Duggan moved to deny ORDINANCE NO. 545 AMENDING TITLE 12, ARTICLE G. I INDUSTRIAL DISTRICT, CHAPTER 1 GENERAL PROVISIONS REGARDING FLOOR AREA RATIO (FAR) STANDARDS IN THE I-INDUSTRIAL DISTRICT. Councilor Miller seconded the motion. Ayes: 3 (Duggan, Miller, Petschel) Nays: 2 (Paper, Garlock) C) ORDINANCE NO. 546 AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON ADULT USE ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES IN THE CITY OF MENDOTA HEIGHTS AND DIRECTING A STUDY TO BE CONDUCTED Councilor Duggan questioned if the city has an Adult Use Establishment and Sexually Oriented Business Ordinance in place. City Attorney Andrew Pratt replied that there is not one. Councilor Duggan then asked how the city could establish a moratorium on something that does not exist. Councilor Petschel replied that what is being recommended is temporary to address lack of an ordinance. Councilor Petschel moved to adopt ORDINANCE NO. 546 AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON ADULT USE ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES IN THE CITY OF MENDOTA HEIGHTS AND DIRECTING A STUDY TO BE CONDUCTED. Councilor Miller seconded the motion. Councilor Duggan suggested the following grammatical changes to the proposed ordinance:  Item 2.2: since the city does not have zoning and licensing regulations addressing this that this item be amended by deleting the phrase ‘to accomplish the purpose for which they were intended’. o City Attorney Andrew Pratt replied that if the clause is deleted, what is left is still affective.  Item 3.1: the word ‘staff’ be removed and that the first phrase read ‘A study is authorized to be conducted by the City to determine . . . ‘ o All agreed  Item 3.1e: the phrase ‘if needed’ be deleted since if it is appropriate it is needed o All agreed  Item 3.3: add the phrase ‘adult use establishments and/or sexually oriented businesses’ o All agreed  Item 3.2: change the word ‘may’ to ‘shall’ or ‘should be’ o All agreed Since everyone appeared to agree to these amendments to the proposed ordinance, Mayor Garlock called for the vote. Ayes: 5 Nays: 0 page 10 COMMUNITY ANNOUNCEMENTS Assistant City Administrator Cheryl Jacobson announced that the city is recruiting for seasonal positions and are in need of a skating instructor, rink attendants, and rink flooders. The Superhero Masquerade will be held on November 17. Registration is open for gymnastics, skating, Orbit Earth Expo, and other winter break activities. COUNCIL COMMENTS Councilor Petschel expressed appreciation to the Fire Department for their excellent work on this year’s bonfire. She noted the more frequent callouts, reaffirming the importance of getting the new station finished, which will include a training facility. Mayor Garlock congratulated St. Thomas Academy on their win last Saturday over Apple Valley, moving them on in the State High School football tournament. Councilor Miller noted that the Fire Department has surpassed their 2018 total for fire calls. The bonfire was well attended and it was a beautiful night. He expressed appreciation to Mayor Garlock for his service. Councilor Paper stated appreciation to Public Works for the snow removal efforts that morning. He congratulated the school board candidates who were elected. Councilor Duggan emphasized the fact that traction on the roads is different due to seasonal changes and he encouraged everyone to slow down and drive safely on Thanksgiving. ADJOURN Councilor Petschel moved to adjourn. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 7:59 p.m. ____________________________________ Neil Garlock Mayor ATTEST: _______________________________ Lorri Smith City Clerk page 11 page 12 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING September 10, 2019 The September meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, September 10, 2019, at Mendota Heights City Hall, 1101 Victoria Curve. 1. Call to Order – Chair Steve Goldade called the meeting to order at 6:30 p.m. 2. Roll Call – The following Commissioners were present: Chair Steve Goldade, Commissioners Patrick Cotter, Pat Hinderschied, Bob Klepperich, Stephanie Meyer, David Miller, Dan Sherer, and Student Representative Matthew Boland. Staff present: Recreation Program Coordinator Meredith Lawrence, Assistant City Administrator Cheryl Jacobson, Public Works Director Ryan Ruzek. 3. Pledge of Allegiance The pledge of allegiance was recited. 4. Approval of Agenda Motion Klepperich/second Miller to add “Refurbishing of Tennis Courts” as item 8.c Motion Hinderscheid/second Goldade to add “Updating of City Hall Pictures” as item 9.b Motion Klepperich/second Meyer to approve the agenda as amended AYES 7: NAYS 0 5. Approval of Minutes from August 13, 2019 Motion Miller/second Klepperich to approve the minutes of the August 13, 2019 Parks and Recreation Commission meeting. AYES 7: NAYS 0 6. Citizen Comment Period (for items not on the agenda) None received. 7. Acknowledgement of Reports Chair Goldade read the titles of the three updates (Par 3, Recreation, and Park Improvement Updates) and polled the Commissioners for questions. 7.a Par 3 Update Commissioner Miller asked if there were any significant changes in finances or will they be moving forward the way it has been. Recreation Program Coordinator Meredith Lawrence replied, based on conversations with the consultant, this is the best the Par 3 has looked in the past few years: • Currently showing a profit of $24,000 • Revenue has been higher than can be remembered (through July 2019) • August 2019 revenue was higher than July 2019 • Revenue declining since school has been back in session page 13 Commissioner Klepperich asked if the need for rehabilitation to the greens was left over from winter or was it something that has developed over the summer. Ms. Lawrence replied that the damage to the greens were caused by: • a driver drove across the course two weeks ago causing some turf damage; most of the fairways were damaged • there were some irrigation issues with the new system 7.b Recreation Update Chair Goldade asked for a highlight of the MEA Field Trips and the Glow Dash. Ms. Lawrence noted that she and staff will taking children on field trips during the MEA holiday break including Bunker Park Stables and Severs Corn Maze and Eden Prairie Community Center Pool. Those interested should register through the city’s website. The Glow Dash will be the first annual event on Saturday, September 21, at 7:00 p.m. at Garlough Park in West St. Paul. Registration fee is $15 per participant. This is an event with South St. Paul and West St. Paul. Commissioner Klepperich asked for the minimum age limit for the trip to Bunker Park stables. Ms. Lawrence replied that the age limit is 8 years old. Commissioner Meyer asked how the Music Together Class went today. Mr. Lawrence replied that she was not there and could not provide an answer. West St. Paul was in charge of the event today and she is in charge of the event tomorrow. 7.c Parks Improvement Update Commissioner Cotter noted that there was a start date on the Wentworth Park playground improvements and asked if there was any news on the Hagstrom King Park playground improvements. Public Works Director, Ryan Ruzek, replied that he does not have a solid date on the Hagstrom King improvements. His best guess would be September 23 or possibly September 30. There has been a lot of delays with the amount of rain days this summer and fall. There is a tree planting/dedication event at Hagstrom King on September 24. He has not received an update on the basketball court expansion at Hagstrom King. He believes the pad has been poured at Ivy Hills Park for the park bench donation. Commissioner Sherer asked about the pole frame building being considered for the Wentworth Park, in terms of programming space and bathrooms. Mr. Ruzek replied that he met with a representative from the structural buildings, they would provide a full construction of the building, he is waiting for an official proposal. From that point, he would need to check with the city’s purchasing policy – if other quotes need to be received or how it needs to be bid. It looks like the city would have a lot of options. With the pole frame building they would be back to the 30-foot by 40-foot footprint, it would have two bathrooms accessed from the exterior and one from the interior, and it would provide a storage room within the building. They do a winter type construction that would start on February 15, 2020; which would be nearing the end of the hockey season. page 14 Commissioner Hinderscheid asked for the advantages and disadvantages to a building of this type. Mr. Ruzek replied that this would be a post frame – the posts would be supporting the structure, similar to a deck. The actual slab that would be for the flooring would be a 4-inch slab poured on the ground. They are looking at in-floor heat with insulation. This would save the city from having to do footings around the structure. It can be fully insulated, air-conditioned, and climate controlled; the steel siding should have a 60-year warranty. Commissioner Cotter asked if there was any indication on the life expectancy of a building like this. Mr. Ruzek replied that based on the warranty he would assume 60 years. Commissioner Hinderscheid asked if these types of buildings have been puck tested. Mr. Ruzek replied that they are looking at different sidings and options; public works has some vinyl siding that could make it look like cedar shakes or a log cabin style building. However, they are concerned about the vinyl being brittle in the winter. Right now they are leaning towards a steel finish on the exterior with a stone-looking synthetic base. Commissioner Hinderscheid asked if the two exterior-entrance bathrooms would be unisex bathrooms. Mr. Ruzek replied that they have not gotten to those details yet. The thought is to have them be specific to the gender. Commissioner Sherer asked if they were going to try to get the water and sanitary sewer service hook ups in the ground this fall. Mr. Ruzek replied that he did not have the full details on that as of yet. Chair Goldade stated that he was excited to see that the Marie Park improvements appear to be finished. Mr. Ruzek replied that new surfacing was applied to the hockey rink at Marie Park, it is striped with four pickleball courts. There are permanent nettings to be installed; however, the surface is ready to be played on right now. 8. Unfinished Business 8.a Review Outreach Meeting Platform Recreation Program Coordinator Meredith Lawrence reminded the Commission of their discussion on an upcoming community engagement effort. The commissioners will meet with local stakeholders to gain insight on community parks and recreation needs. Ms. Lawrence is willing to help coordinate the meetings if necessary and provide any information they may need. Chair Goldade reminded the Commission of their objectives/goals: • Time for the commission to inform the public about what they are doing as a Commission • Time to receive information from the stakeholders on what they would like to see the Commission working on Commissioner Meyer shared a list of items she believed the Commission would want to bring with them to these outreach meetings; instruction sheet on how to run the meeting to promote good discussions; items and ideas to look for; and review the questionnaire to be provided at the meetings. Suggestions received from/given to the Commission included: page 15 • Including a Tennessen warning notice on any type of sign-in sheet or anything requesting personally identifiable information (PII) • Including information on how to sign up for the Friday News • Feedback is the goal; not necessarily the giving of information • Do not ask for donations; however, if anyone offers a donation they should be steered to staff or to the park bench donation project • Maximum length for meetings should be no more than 45 – 60 minutes; depending on the size of the group 8.b Parks Tour Reminder The Park Tour has been scheduled for Wednesday, September 25, beginning at 4:30 p.m. The list of parks to be toured, in order: • Marie Park • Ivy Hills Park • Friendly Hills Park • Kensington Park Members of the community are welcome to attend. 8.c Wentworth / Friendly Hills Tennis Court Feedback Chair Goldade asked if the Commission wanted to provide this feedback now, if they have visited the two tennis courts, or did they want to wait until after the Friendly Hills Park tour. The Commission decided to table the discussion until after the park tour. 9. New Business 9.a Discuss Date of October Meeting Ms. Lawrence noted that staff has been notified that there is scheduling conflicts with the meeting on Thursday, October 10. After conversations with Chair Goldade and Vice-chair Klepperich, they are recommending a possible work session in October or November to discuss the priority list that the Commission received this evening and review budget procedures. If the Commission decided to go with the November work session, they could reschedule the October meeting. For the work session, staff would ask that a date be chosen where everyone could attend. Chair Goldade stated that the regularly scheduled meeting would have been on October 8, 2019; however, due to a religious holiday it was moved to October 10, 2019. There are now conflicts on October 10, 2019. Vice-chair Klepperich suggested not having a regular meeting in October since they are meeting twice in September. Then they could have the work session and a meeting in November. After discussion, the Commission approved the following: • No Parks and Recreation Commission Meeting in October, 2019 • Parks and Recreation Commission Work Session – November 6, 2019; 4:30 – 6:30 page 16 • Parks and Recreation Commission Regular Meeting – November 12, 2019; 6:30 p.m. (without Commissioner Meyer) 9.b Update City Hall Pictures Commissioner Hinderscheid asked how long the pictures in City Hall had been up on the walls. Assistant City Administrator Cheryl Jacobson replied that she did not know the exact length of time. She stated that the replacement of city hall pictures with student/resident artwork was a project that the Commission had assigned to a previous Student Representative Commissioner Hinderscheid noted that he recalled wanting to include the high school students in the process, but that it was not necessarily limited to student art work. Ms. Jacobson stated that she did not believe it ever was determined but it was put out there as an idea. Commissioner Hinderscheid and Student Representative Boland agreed to work together; Mr. Boland would work with his contemporaries at Henry Sibley High School to bring different classes together and to talk to the art teacher at St. Thomas Academy. 10. Staff Announcements Ms. Lawrence made the following verbal updates: • The Mom’s Club will have their annual tree planting on September 24, 2019, at 10:00 a.m. at Hagstrom Park • She encouraged all to continue promoting the Par 3 Golf Course and their fall rates 11. Student Representative Update Student Representative, Matthew Boland, provided the following verbal updates: • The Environmental Club is starting up again at St. Thomas High School. He asked for suggestions from the Commission and staff on which park needed cleanup 12. Commission Comments and Park Updates Commissioner Cotter • No updates Commissioner Sherer • There were a lot of activities at Friendly Hills and Hagstrom King • Everyone is looking forward to the new playground at Hagstrom King • He is enjoying the new bike racks at Friendly Hills Vice-chair Klepperich • Visited Mendakota and everything looks perfect • He saw someone putting down lines today for soccer at Mendakota Commissioner Meyer • Kensington Park is great; they are in full swing with soccer • Marie Park is wonderful as always; there is going to be so much pickleball play, which is going to be great page 17 Commissioner Hinderscheid • He has seen more tennis players at Ivy Hills then he has seen in years past • Still have the green lagoon in the pond at Ivy Hills • It is good to see the golf course doing so well and expressed appreciation to Ms. Lawrence • Thank-you to Ms. Lawrence for doing the outreach initiative • Excited to have the park tour • Excited to see the warming house develop Commissioner Miller • Victoria Highlands is in nice shape; however, he is seeing baseball equipment around the field and Little League has been over for a while • The two MEA field trips appears to be very well organized and nice ideas for children Chair Goldade • He noticed work vehicles parked in the Valley Park parking lot o Mr. Ruzek replied that there are two projects happening in Valley Park; one by Xcel Energy and one by MnDOT • He asked how to determine if there needed to be any bike path repair and/or replacement o Mr. Ruzek replied that a call should be made to Public Works and they would take the initiative • Request has been received that the Valley Park basketball court somehow be cordoned off from the parking lot o Mr. Ruzek noted that there are plans in the works when Marie Avenue is repaved • He would be interested in viewing a pole structure if Mr. Ruzek could provide the location of the one he mentioned earlier 13. Adjourn Motion Klepperich/Second Meyer to adjourn the meeting at 7:34 PM AYES 7: NAYS 0 Minutes Taken By: C. Darlene Oehlke Independent Contractor page 18 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Parks and Recreation Commission Work Session Held September 25, 2019 Pursuant to due call and notice thereof, a work session of the Parks and Recreation Commission, City of Mendota Heights, Minnesota began at Marie Park, 1780 Lilac Lane, Mendota Heights, MN 55118. CALL TO ORDER Chair Steve Goldade called the meeting to order at 4:36pm. Commissioners Dan Sherer, Bob Klepperich and Patrick Cotter were also present. Stephanie Meyer arrived at 5:40pm. City staff present included Meredith Lawrence, Recreation Program Coordinator; Cheryl Jacobson, Assistant City Administrator; and Ryan Ruzek, Public Works Director. TOUR OF MARIE PARK Staff discussed with the commission the addition of the remodeled pickleball courts in the hockey rink. Since it is late in the season only two nets have been installed. Next spring all four nets will be installed. The commissioners discussed whether or not they would like to see the same type of project in the Friendly Hills Park hockey rink. One factor that will need to be considered is how well the blue pigment on the current pickleball courts will allow flooding. Chair Goldade expressed his interest in hosting a ribbon cutting where residents could come and try pickleball. Next, those present looked at the new basketball court. Earlier this year the basketball court was extended and another basketball hoop was added to allow users the ability to play “full court” basketball. The court has been highly utilized and staff has received comments from residents happy with the facility. Public Works staff is working to modify the hoops to prevent them from getting damaged from dunking. Hagstrom-King will be getting a full court basketball court and staff hopes it will get as much use as Marie Park. Staff discussed with the commission that the park will be getting a new park identification sign. Once installed all of the parks will have new signs. Those present agreed the newly redone tennis courts looked nice. Included in this project was a new fence. Staff had an opening with a door added that was larger than the player fence, which will enable them to get necessary equipment into the courts. Staff discussed with the commissioners a possible wood chip trail around the park with native plantings. This would come from a proposed $10,000 Natural Resource budget. This would be near the playground equipment, which is next on the proposed schedule of playground replacements. The commissioners extended their appreciation for the new playground stickers providing city contact information and for the multiple recycling and garbage containers that all of the parks feature. page 19 TOUR OF IVY HILLS PARK The commission discussed the good condition that the Ivy Hills tennis courts are in. These courts were remodeled in 2015. Staff explained to the commissioners that the park identification sign was recently moved in order to provide more street recognition of the park. The commission asked if the basketball court is used for ice skating in the Winter. This area has not been flooded in the past, but there has been some recent requests for it to be done for the 2019-2020 season. The only issue with flooding this location is there is no lighting, so the hours of operation are very limited. Staff alerted the commission to the drainage issues that are currently impacting the park and playability of the baseball field. If the weather cooperates the Public Works staff plans to dig a swail to help address the issue. The commission had considered extending the basketball court at Ivy Hills, and the group discussed the residents’ concerns about the extension of the court. The commissioners expressed their gratitude for the new park bench donations. They are a great addition to the park. Staff discussed a recent resident request to connect a paved trail to Sylvandale. This would be discussed at a later meeting. TOUR OF FRIENDLY HILLS PARK The commissioners looked at the playground equipment and compared the pieces of equipment that they found the most appealing for kids. Staff brought up a recent complaint from a resident regarding the “rock” piece of equipment in the middle of the playground. Some residents feel it is dangerous. The commission looked at this piece of equipment and asked users present their thoughts. The group discussed the possibility of adding pickleball courts to the existing ice rink. The rink is in good shape and it would be a minimal cost to provide more recreational amenities to residents. The commissioners noticed that the existing backstop needs to be replaced. Staff has requested this in the proposed 2020 budget. The project would also include non-shaded dugouts similar to Hagstrom King Park. The tennis courts were reviewed. The commissioners present felt that the Wentworth tennis courts were in worse shape than the Friendly Hills courts. The Wentworth courts had more cracks that were deeper. Staff recommended that a cheaper alternative could be available to resurface the courts without completely remodeling them and that Wentworth be considered for a complete remodel. TOUR OF KENSINGTON PARK Staff and Commissioners agreed the Kensington playground equipment was very well planned and offered a lot of different pieces than those at existing parks. Everyone present felt that the web structure gets used heavily by kids of all ages. This is a piece of playground equipment that should be considered at another park. Commissioners asked staff what storage and concession stand capabilities the facility offered. Staff explained that the storage is limited at this facility, but it is being used to house some of the City’s page 20 recreation equipment. The concessions stand is not used heavily, but it is available for soccer field users. Commissioners felt the fields were well maintained and liked seeing the large amount of use. ADJOURN The commission adjourned the meeting at 6:20pm. Minutes Taken By: Meredith Lawrence Recreation Program Coordinator page 21 page 22 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MINUTES September 18, 2019 The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, September 18, 2019, at Mendota Heights City Hall. 1. Call to Order Chair Sloan called the meeting to order at 6:00 pm. 2. Roll Call The following commissioners were present: David Sloan, Gina Norling, William Dunn, Sally Lorberbaum, Jim Neuharth, and Arvind Sharma. Absent: Kevin Byrnes. Also present: Assistant City Administrator Cheryl Jacobson, and City Administrator Mark McNeill. 3. Approval of Minutes a. Approval of Minutes of the August 21, 2019 Meeting Commissioner Lorberbaum noted changes, which she agreed to relay on to staff to change. Motion by Lorberbaum/Second by Neuharth to approve the minutes of the August 21, 2019 ARC meeting, as amended. Motion carried 5-0. Sharma abstained. 4. Unfinished and New Business a. Follow-up to Resident Noise Complaint—Ms. Jacobson reported that she had contacted Brad Juffer of MAC regarding the complaint registered by Mr. Roger Grabowski, who had appeared at the August meeting. Mr. Grabowski had said that airplane noise over his Friendly Hills neighborhood had increased significantly over the past several months, and had wondered if it related to the Minnesota Vikings development. Ms. Jacobson said that in checking the charts, the MAC Noise Program Office determined that any perceived variances would likely be a result of weather, and because of more people being outside during warm weather. While he had no data to show, Mr. Juffer had said that he did not see anything that would confirm changes as a result of the Vikings development. This information was relayed to Mr. Grabowski, but there had been no response. Commissioner Dunn did say that more C-130’s were flying over now, as shown by noise monitors. Ms. Jacobson also reported that a resident of the Hidden Creek area had also contacted her about an increase in noise in her area. Mr. Juffer had again been contacted, and it was found that current charts showed no significant changes vs. the previous year. Any changes might be from military planes. Commissioner page 23 Neuharth said that ARC should be concerned because the complaint is so far north in the City. The ARC also discussed the procedure to follow-up on complaints. It was determined that Ms. Jacobson would respond on behalf of the ARC so that there would be one point of contact, but that Commissioners would be blind copied and a copy of future responses placed in the ARC packet as information. b. November Meeting Date—Ms. Jacobson noted that the normal ARC meeting date will conflict with the November meeting of the Noise Oversight Committee. It was decided to meet on November 13th, pending the availability of the MAC Commissioner who has been invited to speak. Ms. Jacobson confirmed the ARC’s desire to have the meeting televised. The meeting time will be 6 PM, unless the MAC representative is unable to attend at that hour. Regarding the MAC representative’s attendance at the November meeting, the Commissioners asked that he be prepared to present for about 30 minutes, and that the ARC will present a high level overview of what the ARC does. ARC will ask questions of the MAC representative. There was further discussion as to how to best publicize this meeting. It was determined that social media and website postings, and information in the City’s electronic newsletter would be appropriate. Ms. Jacobson would put together an outline of the agenda with questions, and provide it in advance to the MAC representative, and to the ARC. Ms. Jacobson reviewed a letter from the Eagan City Council regarding Runway 17 departures, which had been discussed by the NOC earlier that day. She reported that several Eagan residents had spoken at the NOC meeting, and stated concerns about noise, and asking that departing planes fly higher and further out before turning. The FAA community representative in attendance then had stated that there were specific procedures to be followed in consideration of Eagan’s recommendations. Commissioner Norling expressed her concerns that this might mean more noise over Mendota Heights. Ms. Jacobson said that more information would be forthcoming, and that this topic could be discussed at the November NOC meeting. c. ARC Meeting Agenda Order and Public Comment Placement—So that members of the public who wish to speak to the ARC can be handled expeditiously, the consensus of the Commissioners was that the Public Comments section of the meeting agenda would be moved ahead in the agenda order. d. Review of NOC Meeting—In addition to the previous items discussed regarding the NOC meeting that afternoon, Ms. Jacobson said that MSP Executive Director Brian page 24 Ryks made his annual State of the Airport presentation, and that Rebecca McPherson of the FAA gave an update on Converging Runway Operations (CRO). She said that CRO’s had been found to have had no significant impact on noise. Ms. Jacobson said that the DNR is proposing to put 215 housing units on the Upper Post of Ft. Snelling. This units would be rented to for moderate income families and individuals, with a preference for military veterans and their families. While MAC does not appear to be supportive, the location is not within any city jurisdiction, and so there are no zoning restrictions. Finally, she said that the MAC staff had also presented the 2020 NOC draft work plan. They ask for comments by October 31st. e. Review of Airport Operational Statistics i. Complaint Information. Complaint charts were reviewed. Commissioner Lorberbaum noted that July, 2019 had more flights than the previous year. There were no changes seen in the August noise events. ii. Turboprop Charts. Commissioner Neuharth said that he didn’t have turboprop charts, but that he would work with Brad Juffer to get those. Otherwise, there were no issues. He did say overall operations were down, which meant some relief for 12R iii. Noise Monitor Charts. Commissioner Dunn said that the readings from monitors have been very consistent over the past several months. Commissioner Norling discussed rolling wave average; sensor 13 confirmed that 2019 was a noisy year, and monitors for May, June, and July showed more noise events. iv. MAC Meeting. Commissioner Sharma said that there were nothing to update, as Labor Day had caused the MAC meeting to be cancelled. Commissioner Lorberbaum asked if Monday holidays would also impact Columbus Day and Veterans Day? Commissioner Sharma said that that will need to be researched. He reported that they had announced at the August meeting that 2019 was on track to beat 2018 as a record year for traffic at MSP. There was also an announcement of new non-stop service to Dublin. 5. Public Comments No other public comments were received. 6. Commissioner Comments Commissioner Lorberbaum asked about the proposal from the City of Eagan regarding traffic from Runway 17/35, and asked if the Mendota Heights ARC should plan a joint page 25 meeting with them. Chair Sloan suggested waiting to see what will happen, as NOC was scheduled to respond to the Eagan request in November. The ARC could look at it in January or February. 7. Adjourn Motion Neuharth/Second Sharma to adjourn at 7:13 pm. All voted in favor. Minutes Taken By: Mark McNeill City Administrator City of Mendota Heights page 26 DATE: November 17, 2019 TO: Mayor and City Council, City Administrator FROM: Meredith Lawrence, Recreation Program Coordinator SUBJECT: Acknowledge September Par 3 Financial Report INTRODUCTION The City Council is asked to acknowledge the September Par 3 Financial Report. BACKGROUND Attached is the September Par 3 Financial Report. During the month of September the course had a total of 785 rounds of golf played. The course was open for 28 days. The September 2019 precipitation numbers were higher than the monthly average. The course received 3.92 inches of rain compared to the monthly average 3.08 inches. Total revenue for the month of September was $8,547. This includes greens fees, recreation programs and concessions. Including September, the course has a year-to-date revenue total of $144,804. The course’s September expenditures totaled $14,050. The year-to-date expenditure total is $119,909. The course currently has a profit of $24,895 for the 2019 season. RECOMMENDATION Staff recommends that the Mendota Heights City Council acknowledge the September, 2019 Par 3 Financial Report. ACTION REQUIRED If the Council concurs, it should, by motion acknowledge the September, 2019 Par 3 Financial Report. page 27 MENDOTA HEIGHTS PAR 3 BUDGET TO ACTUAL REPORT September 2019 (66.67% OF YEAR) September REVENUES September YTD YTD YTD BUDGET 2019 2019 %2018 GREENS, LEAGUE & TOURN FEES $100,000 $6,752 $91,816 91.82%$81,935 RECREATION PROGRAMS $38,000 $0 $33,454 88.04%$29,970 CONCESSIONS $18,000 $1,794 $19,320 107.33%$17,647 SUNDRY REVENUE $0 $1 $214 100.00%$115 INTEREST $250 $0 $0 0.00%$0 CAPITAL CONTRIBUTIONS $0 $0 $0 0.00%$0 PAR 3 FUND REVENUE TOTAL $156,250 $8,547 $144,804 92.67%$129,667 EXPENDITURES September YTD YTD YTD BUDGET 2019 2019 %2018 CLUBHOUSE SALARIES $34,300 $3,273 $24,756 72.17%$23,359 ADMINISTRATIVE SALARIES $22,608 $1,863 $13,843 61.23%$13,688 FICA/PERA $10,282 $870 $5,580 54.27%$5,454 MEDICAL INSURANCE $6,653 $554 $4,990 75.00%$4,752 U/E & W/C INSURANCE $2,080 $0 $2,816 135.37%$2,238 RENTALS $4,500 $139 $3,508 77.96%$2,628 UTILITIES $12,660 $851 $8,439 66.66%$8,805 PROFESSIONAL FEES - AUDIT $2,650 $0 $2,776 104.76%$2,725 PROF FEES - CONSULTING FEES $0 $0 $531 100.00%$0 PROF FEES - GROUNDS MGMT $5,000 $0 $0 0.00%$3,455 PROF FEES - GROUNDS WAGES $22,000 $2,665 $13,906 63.21%$13,890 PROF FEES - TREE MAINTENANCE $1,500 $0 $0 0.00%$0 ADVERTISING/NEWSLETTER $400 $0 $235 58.78%$149 LIABILITY/AUTO INSURANCE $4,200 $0 $3,807 90.64%$3,290 OPERATING COSTS/SUPPLIES $6,350 $480 $4,847 76.33%$6,157 FUEL $1,350 $179 $1,195 88.55%$1,560 REPAIRS & MAINTENANCE $28,250 $2,903 $22,704 80.37%$20,776 SUNDRY/DUES/MILEAGE/CLOTHING $4,000 $5 $2,590 64.74%$2,089 CONTINGENCY $0 $0 $0 0.00%$0 ONLINE REG & CREDIT CARD FEES $4,175 $267 $3,386 81.09%$3,446 PAR 3 EXPENDITURES TOTAL $172,958 $14,050 $119,909 69.33%$118,461 page 28 DATE: November19, 2019 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Resolution 2019-87 Designating Polling Locations for Elections to be Held in 2020 BACKGROUND The City Council is asked to adopt a resolution designating polling places for election precincts. In this resolution, the Council is asked to move the polling places for Precincts 1 and 3. DISCUSSION MN State Statutes 204B.16, Subd. 1, states that by December 31st of each year, the governing body of each municipality must designate by resolution a polling location for each election precinct. Due to construction going on at most of the public schools, and also in the interest of school security, City staff is recommending two changes to our current polling locations. For Precinct 1, it is proposed that the location be changed from Somerset Elementary School to St. Paul’s United Methodist Church. This polling location is located outside of the precinct boundaries, but state law does allow for that if it is within one mile of the precinct boundary. St. Paul’s is within one mile of the Precinct 1 boundary. For Precinct 3, it is proposed that the location be changed from Mendota Elementary School to Holy Family Catholic Church. Holy Family Church is located within the Precinct 3 boundaries. Staff has viewed both new sites and has met with the church officials and both have approved of this use. The church sites will be easier for the public to access, will be much less congested, have plenty of parking available, are handicap accessible, and are available to us on each of the scheduled election days. We expect that this arrangement will continue in the coming years. We are recommending that the polling sites be designated as follows: Precinct 1 St. Paul’s United Methodist Church 700 Wesley Lane Precinct 2 Henry Sibley High School 1897 Delaware Avenue Precinct 3 Holy Family Catholic Church 1960 Lexington Avenue S Precinct 4 St. Thomas Academy 949 Mendota Heights Road Precinct 5 Friendly Hills Middle School 701 Mendota Heights Road If approved, Dakota County will send a postcard notification to each affected household in Precincts 1 and 3, letting them know of the polling location change. RECOMMENDATION Staff recommends the City Council approve Resolution 2019-87 Designating Polling Locations for 2020 Elections. page 29 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-87 RESOLUTION DESIGNATING POLLING LOCATIONS FOR 2020 WHEREAS, Minnesota State Statutes 204B.16, Subd. 1 requires the City Council to designate polling locations for the upcoming year; and WHEREAS, changes to the polling locations may be made at least 90 days before the next election; and WHEREAS, changes to the polling locations may be made in the case of an emergency when it is necessary to ensure a safe and secure location for voting; and WHEREAS, due to construction activities going on at the public schools, and also in the interest of school security, the City of Mendota Heights desires to change the polling locations for Precinct 1 and Precinct 3, from elementary schools to churches. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the polling locations for voting precincts be designated as follows for 2020: Precinct 1 St. Paul’s United Methodist Church 700 Wesley Lane Precinct 2 Henry Sibley High School 1897 Delaware Avenue Precinct 3 Holy Family Maronite Church 1960 Lexington Avenue South Precinct 4 St. Thomas Academy 949 Mendota Heights Road Precinct 5 Friendly Hills Middle School 701 Mendota Heights Road BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized to send a postcard notification to each affected household in Precincts 1 and 3, letting them know of the polling location change. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized to designate a replacement polling location meeting the requirements for any polling location designated in this Resolution that becomes unavailable for use by the City. AND BE IT FURTHER RESOLVED, that the City Clerk is directed to send a copy of this resolution and any subsequent polling place designations to the Dakota County Elections Office. Adopted by the City Council of the City of Mendota Heights this 19th day of November, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST ________________________________ Neil Garlock, Mayor _________________________ Lorri Smith, City Clerk page 30 I-494I-35EDODD RDDELAWAREAVEHWY 13HWY13HWY 55MENDOTAHEIGHTSRDLEXINGTON AVEONEILL RDLILYDALE RDWENTWORTH AVE WVICTORIARDD S TOTTAWA AVEI-35E RAMPANNAPOLIS ST WBUTLER AVE WSIBLEYMEMORIALHWYPILOT KNOB RDCHEROKEE AVEAREMERSON ALAKE DR494 RAMPNORTHLAND DRMORELAND AVTHOMPSONASALEMCHWAGON WHEEL TRLBETTY LN1ST AVERUBYDRTRAPP RD4THSTCHARLTBLUEBILLDRDECORAHLNCHIPPEWA AVEI-494 RAMPAPACHESTJAMES RDHUNTER LNLILAC LNTIMMY STCHERI LNNORTHWESTPKYPAGEL RDSOUTH LNI-94 RAMPDODDRDRAMPLTRAILRDBLUE GENTIAN RDW ATERSDRAZTECLNTHERESA STC STWESLEY LNWILLIAM CTENTERPRISEDRPRIVATE ROAD2NDSTI-494LOOPCHERRYHILLRDMEDALLIONDREAGLERIDGERDCELIADRALICE LNDAKOTADRC OM M E R C E D RPARK LN494 LOOPUPPERCOLONIALDRDODD RD LOOPHWY 62 LOOPEXECUTIVE DRI-35E LOOPCHARDELCTOVERLOOK LNARVINDRORME ST W494 RAMPFRONTAGI-3 5 E R A M P HWY13494 LOOPI-494 RAMPHW Y 55I-494I-94 RAMPI-494 LOOPI -3 5 E R A M PI-35E RAMPHUBERDRWACHTLER AVEWACHTLERAVEL E M A Y LAKERDWALSHLNDIANER D3RD AVESYLVANDALERDLAURAST2ND AVECENTREPOINTECURE S T G S THILLT OPRDWARRIORDRDOUGLAS RDDOUGLASRDF S T CHEY ENNELNC O PPERFIEL D D R VICTORIACUREMERSON AVEEMERSONAVEDORSETRDBUTLER AVESUMMITLNSUMMIT LNOVERLOOKRDCALLAHANPLKNOB RDMEARS AVESTAPLES AVEEVERGREENKNLBACHELOR AVEORCHARD PLKEOKUKLNPRIVATERO A DPRIVATE ROADIVYH ILLDR3RDSTPUEBLOLNAVANTI DRFIELDSTONEDRVANDALL STMENDOTARDRAMP2ND STFOX PLACACIADRCONCORDWAYLINDENSTMARKETSTPONDVIEWDRMOHICANLNMIRIAMSTM E D O R A R D SWAN DRWINSTON CTOCALA LNGRIEVEGLNABBEYWAYSUT T O N LN TWINCIRDRVIS I T A TION DRLILAC RDSOMERSETRDMINA ST4TH AVEPONTIACPLLEMAYAVEM O NETCTHIDDENCREEKTRLACACIA BLVDSTANWICHLNIVY FALLS AVECOLESHIRE LNPATRICIA STKAY AVECULLIGANLNHIAWATHAAVEWOODRIDGEDRMENDAKOTADRLONEOAKPTFARMDALER DBEEBEAVE GLENHILLRDMULBERRYLNVIEW LNHAMPSHIREDRSTRATFORDRDDODGELNSUNSET LNWILLOWLNHAVERTONRDKNOLLWOODLNK N O L L W O O D LN R ID G E PLAPACHELNL O C K W OO D DR CENTREPOINTEDRCREEK AVESPRINGSTCULLEN AVEHINGHA M C I R SWANCTMAPLEPARKDRMAPLEPARKDRLANSFORD LNBROOKSIDELNBOURN LNSIMARDSTPRIVATERDCAREN RDVAIL DRASHLEYLNSIBLEY M E M O R IA L R A M PFREMONT AVEVALLEYCURVERDSTONERDKIRCHNERAVEFARO LNARCADIADRJUNCTIONLN WATERSEDGETERHIGHPOIN T RD N A VAJOLNJOHN STSOUTH PLAZA DRROGERSCTLONDO N R D STONEBRIDGERDKENDONLNROUNDHILLRDNASHU A L N APACHE C TIVY LNHIGHVIEWCIRSBRIDGEVIEWCTPONDHAVENLNW HITFIEL D DRPARKPLACEDR VA L E N C O U R CIRESTHERLNCLEMENT S T C L E M E N T S T PO N D CIR EPONDCIRWDOWNINGST ARBORCTHAVENVIEWCTLEMAYLAKEDRC A S C A D E LN BENT TRE E L N ROGERS AVEKRESSIN AVELAKEVIEW AVEDIEGOLNCYGNET LNPARK CIRG L ENTORORD POINTEBLVDNATURE WAYSIBLEY CTRIDGEW O O D D R ORCHARDCIRCONDONCTMAPLE STCROWNPOINT D RVALLEY LNHIGHVIEWCIRNLOWERCOLONIALDRNATURE VIEW LNWHITEOAKSDRNORMALNKINGSLEYCIRNORCHARDHLNINA CTPRESERVE PATHMAINSTODS DRWESTVIEWTERH I L L T O P CTOAKSTMARY ADELE AVEDEER RUN TRSTOCKBRIDGERDPUEBLO DRFURLONGAVEKINGSLEYCIRSDARLA CTCLAREM O NTDRMENDAKOTACTOCALA CTHOKAH AVEBARBARACTLAKEAUG U S T A DR H E R I TA GEDRFOXWOODLNMAYFIELD HEIGHTS RDELLEN STBROMPTONP L IVYFALLSCTGARDEN LNSTONEBRIDGELNSUTCLIFFCIRBEDFORDCTHAZEL CTWESLEYCTMONETLNPAMELALNHUNTER CTBROOKFIELDLNVICTORYAVEKINGSLEYCTR O LLINGGREENCURBLUFF CIRHAMPSHIRE CTHIGH RIDG E CIRDSTONEBRIDGECTDEER TRAIL PTWILSHIRECTQUAILRID G E C I R VERONICALNADELINE CTMAGER CTLAURA CTMAPLE PARK CTS Y LVANDALEC T OXFORDCT VICTORIA CTNATURE VIEW CTGRYC C T HEATHER CTBWANA CTFA L L S V I E W C T WINTHROPCTDOUGLASCTRAE CTJAMES CTWESTCIRCLECTP O NDHAV EN C I RBOARDWALKWAGON WHEEL CTKNOLLWOODC T CAREN CTCROWN CIRSOMERSET CTCROWN CTMORSON CIRWINSTON CIRMEDORA CTMAYFIELDCOVENTRYCTDEER TRAIL CTWINDWOOD CTK A R L H . P L TOMTHUMBBLVDPOND VIEW CTWESTVIEWCIRSPRINGCREEKCIRFIELD STONE CTHAVERTON CIRSYLVANDALE CT SHIGH POINT CTP O N D V I E W T E R MENDOTAHWY 62HWY62PRIVATE ROADPRIVATE ROADHWY13VALLEYCURVERDJUPITER DRHEIGHTS LNVICKI LNRIVERSIDE LNASPEN WAYBIRCH CTHEIGHTS CIRLUEGENTIANRDNO R T H L AN D DRDELAWARE AVEDELAWARE AVEMARIE AVEMOHICANCTD S T CANTON CTDODDRDDODDRDDODDRDDODDRDLEXINGTON AVE MARIEAVEMENDOTAHEIGHTSRDPERRON RDPILOT KNOB RDSOUTH PLAZA WAYNORTHPLAZA DRCARMEN LNCENTRECENTREPOINTE CIRMENDOTA RD £¤62 §¨¦494£¤62§¨¦35EMendotaLilydaleSt. PaulWest St. PaulSunfish LakeEaganLakeA ugu sta L a k e L e M a y Rogers LakeGun Club LakeFIRE HALLCopperfieldPondPickerelLakeMississippiRiverSomersetGolf Course(Private)FortSnellingStateParkResurrectionCemeteryCity Halland PolicePublic WorksGarageSt. ThomasAcademyHenrySibleySeniorHighMendotaElem.Friendly HillsMiddle SchoolPar 3 (Public)AcaciaParkCemeteryVento's View(Wildlife Viewing Station)RamseyCountyParkÊÚÊÚScenic Overlook(Dakota County)St. Peter'sCemeteryMENDOTA BRIDGE MinnesotaRiverSomersetElementarySchoolDodgeNature Center£¤13£¤13£¤55£¤13§¨¦494§¨¦494£¤55§¨¦35E§¨¦35EEagan§¨¦494Mendakota Golf Course(Private)BrownCollegeConvent of theVisitation SchoolFriendlyMarshCordon BlueIceArena23145LE M A Y S H OR E S D R L E M A Y S H O R E S C T 52B52A:Mendota Heights Voting PrecinctsPct. 5 Friendly Hills Middle School (Gymnasium) 701 Mendota Heights RoadPct. 2: Henry Sibley High School 1897 Delaware AvenuePct. 4: Saint Thomas Academy 949 Mendota Heights RoadPct. 1: St. Paul's United Methodist Church 700 Wesley LanePct. 3: Holy Family Catholic Church 1960 Lexington Avenue SouthHouse Legislative Boundary (52A & 52B)Mendota Heights is fully encompassed within: School District I.S.D. 197 Senate District 52 Congresssional District 2Last Update: 11/12/2019page 31 page 32 Request for City Council Action DATE: November 19, 2019 TO: Mayor, City Council, and City Administrator FROM: Mark McNeill, City Administrator SUBJECT: Ordinance 548 Amend City Code Section 3-5 Concerning Rental Housing Licensing COMMENT: Introduction The City Council is asked to approve Ordinance 548 amending City Code Title 3, Chapter 5 concerning the licensing of Rental Housing units in the City, and a need to eliminate reference to licensing that remains in the City Code.. Background The current City Code, Section 3-5, provides for the licensing of rental housing units in the R-1 one- family residential zoning district in our city. The City has not registered rental housing units in the R-1 district since 2017. At that time, Mendota Heights had 32 housing units registered in the R-1 district as rental. The City stopped licensing rental units in 2018 because the units were not being inspected by the City prior to the issuance of the licenses. As a result, the $75 licensing fee was deleted from the fee schedule. Recommendation Staff recommends that Ordinance 548 be approved which would delete City Code Sec. 3-5 concerning Rental Housing, including the need to license said units. Action Required If the Council concurs, it should, by motion, adopt Ordinance 548 Amending Mendota Heights City Code Title 3, Chapter 5 Concerning Rental Housing, page 33 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 548 AMENDING MENDOTA HEIGHTS CITY CODE TITLE 3, CHAPTER 5 CONCERNING RENTAL HOUSING The City Council of the City of Mendota Heights, MN, desires to not require the licensing of rental housing units in the city’s R-1 one-family residential zoning district in our city. The City Council of the City of Mendota Heights hereby ordains: The City Council of the City of Mendota Heights, MN ordains: The City of Mendota Heights Code of Ordinances, Title 3, Chapter 5, relating to the Rental Housing is hereby deleted in its entirety. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this nineteenth day of November, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST ___________________________ Lorri Smith, City Clerk page 34 DATE: November 19, 2019 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: Lexington Heights Apartments Amendments INTRODUCTION The City Council is asked to take action in response to a request regarding financing of the Lexington Heights Apartments, relating to the 2013 Housing Revenue Refunding Bonds. BACKGROUND The City issued Multifamily Revenue Refunding Bonds to Lexington Heights Apartments in 2013. Council approved a First Supplemental Indenture of Trust in September 2018. Council is being requested to approve a Second Supplemental Indenture of Trust relating to those bonds. The City received a letter from Briggs and Morgan regarding the need for these amendments and how they relate to the City. This letter is attached for your information. BUDGET IMPACT There is no budget impact to the City. Lexington Heights Apartments has paid a non-refundable fee of $1,500 and will be responsible for any City expenses that would exceed this amount. RECOMMENDATION If city council wishes to authorize the Second Supplemental Indenture of Trust Related to Series 2013 Bonds for Lexington Heights Apartments, Council should pass a motion adopting Resolution 2019-88 A RESOLUTION PROVIDING FOR THE SECOND SUPPLEMENTAL INDENTURE OF TRUST RELATED TO MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (LEXINGTON HEIGHTS APARTMENTS PROJECT), SERIES 2013 AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO. page 35 Extract of Minutes of Meeting of the City Council of the City of Mendota Heights, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mendota Heights, Minnesota was duly held at City Hall in said City on Tuesday, the 19th day of November, 2019 at 7:00 o'clock P.M. The following Council members were present: and the following were absent: Council member ___________________ then introduced and read the following written resolution and moved its adoption: A RESOLUTION 2019-88 PROVIDING FOR THE SECOND SUPPLEMENTAL INDENTURE OF TRUST RELATED TO MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (LEXINGTON HEIGHTS APARTMENTS PROJECT), SERIES 2013 AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO The motion for the adoption of the foregoing resolution was duly seconded by Council member __________________, and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. page 36 RESOLUTION 2019-88 A RESOLUTION PROVIDING FOR THE SECOND SUPPLEMENTAL INDENTURE OF TRUST RELATED TO MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (LEXINGTON HEIGHTS APARTMENTS PROJECT), SERIES 2013 AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota (the "City"), as follows: SECTION 1 LEGAL AUTHORIZATION AND FINDINGS. 1.1 Findings. The City hereby finds, determines, and declares as follows: (1) The City, pursuant to Resolution 2013–38 adopted on June 4, 2013 (the "Bond Resolution"), has previously authorized the issuance of its revenue bonds in an original aggregate principal amount of $10,570,000 to provide funds that were loaned to Riley Family Lexington Heights, LLLP, f/k/a Lexington Heights Associates Limited Partnership, a Minnesota limited liability limited partnership (the "Borrower"), to refinance the acquisition, construction, and equipping of a 225-unit multifamily housing development, located at 230 South Lexington in the City, which facilities are owned and operated by the Borrower (the "Project"). (2) The City issued its Multifamily Housing Revenue Refunding Bonds (Lexington Heights Apartments Project), Series 2013, dated August 1, 2013, (the "Bonds"), pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), and sold the Bonds to Wells Fargo Bank, National Association, a national banking association (the "Purchaser" or "Sole Bondholder") in accordance with an Indenture of Trust dated as of August 1, 2013 (the "Original Indenture") between the City and Wells Fargo Bank, National Association, as trustee (the "Trustee"). (3) Pursuant to a Loan Agreement (the "Loan Agreement") dated as of August 1, 2013 between the City and the Borrower, the Borrower agreed to repay the Bonds in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Bonds. In addition, the Loan Agreement contains provisions relating to the expenditure of proceeds of the Bonds, the maintenance and operation of the Project, indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the City, the Borrower, and the Sole Bondholder deemed necessary or desirable for the refinancing of the Project. (4) By Resolution 2018–69 adopted on September 4, 2018 (the "First Supplemental Resolution" and, with the Bond Resolution, the "Resolution"), the City approved, executed, and delivered a First Supplemental Indenture of Trust dated as of September 1, 2018 (the "First Supplemental Indenture" and, with the Original Indenture, the "Indenture"). (5) The Sole Bondholder, the Borrower, and the Trustee have informed the City that they have agreed to certain changes in the terms of the Indenture and the Bonds. page 37 (6) The form of Second Supplemental Indenture of Trust between the City and the Trustee, and consented to by the Borrower and the Sole Bondholder, proposed to be entered into in order to document changes in the terms of the Indenture has been submitted to the City Council and is on file in the office of the City Clerk (the "Second Supplemental Indenture"). SECTION 2 AUTHORIZATION OF SUPPLEMENTAL INDENTURE. 2.1 Approval and Execution of Second Supplemental Indenture. (1) The Second Supplemental Indenture is made a part of this Resolution as though fully set forth herein and is hereby approved in substantially the form presented to the City Council. The Mayor and the Administrator are authorized and directed to execute, acknowledge, and deliver the Second Supplemental Indenture on behalf of the City with such changes, insertions, and omissions therein as bond counsel to the City may hereafter deem appropriate, such execution to be conclusive evidence of approval of such documents in accordance with the terms hereof. (2) The Mayor and the Administrator are authorized and directed to execute and deliver all other documents which may be required under the terms of the Second Supplemental Indenture or by bond counsel, and to take such other action as may be required or deemed appropriate for the performance of the duties imposed thereby to carry out the purposes thereof. (3) The Mayor and Administrator and other officers of the City are authorized to furnish to the Trustee, the Borrower, and bond counsel certified copies of all proceedings and records of the City relating to the Second Supplemental Indenture, and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. (4) In the event that for any reason the Mayor or the Administrator is unable to carry out the execution of any of the documents or other acts provided herein, any other officer of the City or member of its City Council as, in the opinion of the City's attorney, is authorized to act in that capacity and undertake such execution or acts on behalf of the City, shall without further act or authorization execute and deliver the Second Supplemental Indenture and do all things and execute all instruments and documents required to be done or executed by such officers, with full force and effect, which executions or acts shall be valid and binding on the City. (5) This resolution constitutes a supplement to the Bond Resolution. 2.2 No Liability of City. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Bonds shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property or funds of the City except the revenues and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holders of the Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Bonds page 38 recite in substance that the Bonds, including interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. Adopted by the City Council of the City of Mendota Heights, Minnesota this 19th day of November, 2019. _______________________________________ Mayor ATTEST: _________________________________ Clerk page 39 CERTIFICATE STATE OF MINNESOTA ) COUNTY OF DAKOTA ) CITY OF MENDOTA HEIGHTS ) I, Lorri Smith, duly appointed, acting and qualified Clerk of the City of Mendota Heights, do hereby certify that I have examined the City of Mendota Heights records and the Minute Book of said Authority for the meeting of the 19th of November, 2019 and that the attached copy of the RESOLUTION PROVIDING FOR THE SECOND SUPPLEMENTAL INDENTURE OF TRUST RELATED TO MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (LEXINGTON HEIGHTS APARTMENTS PROJECT), SERIES 2013 AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO was approved and is a true and correct copy of the City Proceedings relating to said Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of __________, 2019. Clerk City of Mendota Heights page 40 November 7, 2019 BY E-MAIL Kristen Schabacker, Finance Director City Councilmembers City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118-4106 Re: Authorizing Second Supplemental Indenture of Trust Related to Series 2013 Bonds for Lexington Heights Dear Councilmembers and Ms. Schabacker In 2013, the City of Mendota Heights issued its Multifamily Housing Revenue Refunding Bonds (Lexington Heights Apartments Project), Series 2013 (the “Bonds”), originally sold to Wells Fargo Bank, National Association (the “Bondholder”). The proceeds of the Bonds were loaned to Riley Family Lexington Heights, LLLP, a Minnesota limited liability limited partnership (the “Borrower”), to refinance, in part, certain obligations of the Borrower related to the Lexington Heights Apartments (the “Project”) located in the City. In 2018, as a result of the “Tax Cuts and Jobs Act,” adopted by Congress at the end of 2017, at the request of the Bondholder and the Borrower, the City agreed to make certain amendments to the Indenture of Trust related to the Bonds and approved a First Supplemental Indenture of Trust (the “First Supplemental Indenture”). The Bondholder and Borrower have now agreed to make changes with respect to other credit facilities related to the Project and have requested that the City approve a Second Supplemental Indenture of Trust (the “Second Supplemental Indenture”) to make some related changes with respect to the Bonds. The Bonds, as originally issued, as reissued as a result of the First Supplemental Indenture, and as reissued as a result of the Second Supplemental Indenture, do not and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property or funds of the City except the revenues and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holders of the Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Bonds recite in substance that the Bonds, including interest thereon, are payable solely from the revenue and proceeds pledged to the page 41 payment thereof. The Bonds do not and shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. The Borrower has presented a resolution to the City Council requesting that the City adopt the resolution at its November 19th meeting to approve the Second Supplemental Indenture. Please feel free to contact me if you have any questions or comments. Very truly yours, Catherine J. Courtney CJC Enclosure page 42 SECOND SUPPLEMENTAL INDENTURE OF TRUST THIS SECOND SUPPLEMENTAL INDENTURE OF TRUST (the “Second Supplement”) dated as of __________ 1, 2019 (the “Supplement Date”) is entered into by and between the CITY OF MENDOTA HEIGHTS, MINNESOTA (the “Issuer”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (the “Trustee”) W I T N E S S E T H : WHEREAS, the Issuer and the Trustee have previously entered into an Indenture of Trust, dated as of August 1, 2013 (the “Original Indenture”) relating to $10,570,000 City of Mendota Heights, Minnesota Multifamily Housing Revenue Refunding Bonds (Lexington Heights Apartments Project), Series 2013 (the “Bonds”); and WHEREAS, the Issuer and the Trustee have previously entered into a First Supplemental Indenture of Trust, dated as of September 1, 2018 (the “First Supplemental Indenture,” with the Original Indenture, the “Current Indenture,” and as hereby amended, the “Indenture”); and WHEREAS, pursuant to Section 8.02 of the Current Indenture, the Issuer and the Trustee wish to amend the Current Indenture as provided herein; and WHEREAS, Section 8.02 of the Current Indenture requires that the Trustee obtain the consent of Wells Fargo Bank, National Association, as sole holder of the Bonds (the “Bondholder”) and of Riley Family Lexington Heights, LLLP (the “Borrower”) to this Second Supplement; and WHEREAS, the Bondholder and the Borrower have consented to this Second Supplement as evidenced by their signature hereto; NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE I AMENDMENTS Section 1.01. Amendments to Section 1.01. Section 1.01 of the Current Indenture is hereby amended by replacing the existing definitions of “Applicable Spread” and “Direct Purchase Period Purchase Date” in their entirety with the following: “Applicable Spread” means, with respect to each Index Interest Rate Period, the following: page 43 (a) During the initial Direct Purchase Period, until September 13, 2018, 175 basis points (1.75%), from September 14, 2018 until ___________, 2019, 201 basis points (2.01%), and from ____________, 2019, 160 basis points (1.60%). (b) During any Index Interest Rate Period other than the initial Rate Period, the number of basis points determined by the Market Agent on or before the first day of such Index Interest Rate Period and designated by the Borrower in accordance with Section 2.04(a) or 2.04(b), as applicable (which may include a schedule for changes to the Applicable Spread based upon changes to the Obligor Rating) that, when added to the SIFMA Index or the product of the LIBOR Index multiplied by the Applicable Factor, as applicable, would equal the minimum interest rate per annum that would enable the Bonds to be sold on such date at a price equal to the principal amount thereof (without regard to accrued interest, if any, thereon). “Direct Purchase Period Purchase Date” means (a) for the initial Direct Purchase Period, June 30, 2016, as the same may be extended to June 30, 2019, ____________, 2019, ____________, 2024, and ____________, 2029, pursuant to the terms of the Continuing Covenant Agreement, and (b) during any subsequent Direct Purchase Period, the date designated by the Borrower pursuant to Section 2.04(a) or (b), as applicable. ARTICLE II FULL FORCE AND EFFECT The Current Indenture is hereby amended to the extent provided in this Second Supplement and, except as specifically provided herein, the Current Indenture shall remain in full force and effect in accordance with its terms. ARTICLE III GOVERNING LAW THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS SECOND SUPPLEMENT SHALL BE GOVERNED AS PROVIDED IN SECTION 9.08 OF THE CURRENT INDENTURE. ARTICLE IV HEADINGS Section headings in this Second Supplement are included herein for convenience of reference only and shall not have any effect for purposes of interpretation or construction of the terms of this Second Supplement. page 44 ARTICLE V COUNTERPARTS This Second Supplement may be signed in any number of counterpart copies, but all such copies shall constitute one and the same instrument. ARTICLE VI REPRESENTATIONS AND WARRANTIES Each party hereto represents and warrants to the other that this Second Supplement has been duly authorized and validly executed by it and that the Current Indenture as hereby amended constitutes its valid obligation, enforceable in accordance with its terms, except to the extent that the enforceability thereof may be limited by bankruptcy, insolvency or other laws affecting creditors’ rights generally and subject to the application of general principles of equity including but not limited to the right of specific performance. ARTICLE VII SEVERABILITY In case any one or more of the provisions contained herein should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired hereby. ARTICLE VIII DEFINITIONS All capitalized terms used herein and not defined shall have the meaning assigned to such terms in the Current Indenture. [Remainder of page intentionally left blank] page 45 IN WITNESS WHEREOF, the parties hereto have caused this Second Supplemental Indenture of Trust to be duly executed and delivered as of the date and year first written above. CITY OF MENDOTA HEIGHTS, MINNESOTA By: ________________________________ Name: Neil Garlock Title: Mayor By: ________________________________ Name: Mark McNeill Title: City Administrator [Signature page of Second Supplemental Indenture of Trust – Lexington Heights Apartments Project] page 46 WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee By: Name: Title: [Signature page of Second Supplemental Indenture of Trust – Lexington Heights Apartments Project] page 47 Consented to and agreed to by: RILEY FAMILY LEXINGTON HEIGHTS, LLLP By: Name: Title: [Consent page of Second Supplemental Indenture of Trust – Lexington Heights Apartments Project] page 48 Consented to and agreed to by: WELLS FARGO BANK, NATIONAL ASSOCIATION, as Sole Bondholder By: Name: Title: [Consent page of Second Supplemental Indenture of Trust – Lexington Heights Apartments Project] page 49 page 50 DATE: November 19, 2019 TO: Mayor, Council, City Administrator and Chief of Police FROM: Kelly McCarthy, Chief of Police / Emergency Manager SUBJECT: Resolution 2019-93 Renewing the Emergency Management Joint Powers Agreement Between Dakota County and the City of Mendota Heights INTRODUCTION: The City Council is asked to approve a renewal of the joint powers agreement (JPA) between Dakota County and the City of Mendota Heights. It is a three year agreement. BACKGROUND: Since 2013, the City of Mendota Heights has been working collaboratively with Dakota County to ensure our Emergency Operations Plan is up to date and provides sufficient guidance to support our emergency management efforts. The JPA also includes all the necessary updates and training mandated by State and Federal law. ATTACHED: • 2020 Joint Powers Agreement • Work Plan BUDGET IMPACT: If the Resolution is approved, the City will agree to pay the County as follows: - January 1, 2020 to December 31, 2020: $40/hr, not to exceed $5,720 ($40 x 143 hours); - January 1, 2021 to December 31, 2021: $41/hr, not to exceed $5,863 ($41 x 143 hours); - January 1, 2022 to December 31, 2022: $42/hr, not to exceed $6,006 ($42 x 143 hours). The expense for 2020 is included in the previously submitted 2020 Emergency Management Budget. RECOMMENDATION: Staff recommends approval of Resolution 2019-93 Renewing the Emergency Management Joint Powers Agreement Between Dakota County and the City of Mendota Heights. page 51 City of Mendota Heights Dakota County, Minnesota RESOLUTION 2019-93 A RESOLUTION RENEWING THE EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF MENDOTA HEIGHTS WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 471.59 “Joint Exercise of Powers”; and WHEREAS, this requires the governing bodies of the agency enter into an agreement; and WHEREAS, the agreement must address certain items including, but not limited to, liability, purpose of the agreement, disbursement of funds, termination of the agreement; and WHEREAS, the City currently partners with Dakota County to provide updates to the Emergency Operations Manual and training regarding Emergency Management; and WHEREAS, the City believes continuing to participate with Dakota County through a joint powers agreement will enhance our ability to respond to emergencies in the City of Mendota Heights and; WHEREAS, the City Council of the City of Mendota Heights has duly considered this matter and wish to continue participate with these agencies to provide increased traffic enforcement through a joint powers agreement. NOW THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights has by RESOLUTION 2019-93 RENEWING THE EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF MENDOTA HEIGHTS. Adopted by the City Council of the City of Mendota Heights this 19th day of November, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS ___________________________________ Neil Garlock, Mayor ATTEST ___________________________ Lorri Smith, City Clerk page 52 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF MENDOTA HEIGHTS FOR EMERGENCY MANAGEMENT SERVICES This Agreement is made and entered into by and between the County of Dakota, by and through the Dakota County Sheriff’s Office, (“County”) and the City of Mendota Heights, (“City”); and WHEREAS, the County and City are governmental units as that term is defined in Minn. Stat. § 471.59; and WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the City desires to retain and compensate a qualified party to provide Emergency Management Services as more fully described herein; and WHEREAS, the County desires and is qualified to provide Emergency Management Services as more fully described herein; and WHEREAS, the County understands and agrees that: 1. The County is not an agent, servant, or employee of the City and shall not make any such representations nor hold itself out as such; and 2. The County shall have no authority to bind the City for the performance of any services or to otherwise obligate the City, authority being specifically limited to the duties assigned under this Agreement; and 3. The County employees performing under this Agreement shall not accrue any continuing contract rights for the services performed pursuant to this Agreement, including but not limited to those afforded by Minn. Stat. § 122A.40, and the County specifically waives any and all rights thereto; and WHEREAS, the Dakota County Board of Commissioners authorized the County to enter into an agreement with the City for the provision of Emergency Management Services; and WHEREAS, the City is willing to retain the County to provide Emergency Management Services. ACCORDINGLY, the parties agree: 1. PURPOSE. The purpose of this Agreement is to set out the respective duties and responsibilities of the County and the City for the provision of Emergency Management Services. 2. SCOPE OF SERVICE: The County will provide services and training in accordance with the annual MNWALK requirements for each respective calendar year throughout the term of this Agreement. MNWALK requirements are determined by the Minnesota Homeland Security and Emergency Management (HSEM) division of the Minnesota Department of Public Safety. page 53 3. TERM. This Agreement is effective January 1, 2020 and shall remain in effect through December 31, 2022, 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. This Agreement may be terminated with or without cause, by either party upon thirty (30) days written notice. 4. DISPUTE RESOLUTION. The County and the City agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. 5. COMPENSATON. 5.1 Total Compensation. The City agrees to pay the County for the Emergency Management Services in an amount for each calendar year as follows: - January 1, 2020 to December 31, 2020: $40/hr, not to exceed $5,720 ($40 x 143 hours); - January 1, 2021 to December 31, 2021: $41/hr, not to exceed $5,863 ($41 x 143 hours); - January 1, 2022 to December 31, 2022: $42/hr, not to exceed $6,006 ($42 x 143 hours). During the Term of the Agreement, if the County or the City receives a grant or other funding to offset the costs of providing Emergency Management Services covered by this Agreement, the amount invoiced to the City will be adjusted downward accordingly. 5.2 Time of Payment. The County shall invoice the City on a quarterly basis for hours of Emergency Management Services rendered during the previous quarter. Such invoicing shall continue until one of the following occurs: a. The completion of the Work Plan; or b. Expiration of the Term of the Agreement; or c. Early termination under the terms of the Agreement pursuant to Section 2 of this Agreement; or d. The City completes payment in full. The City shall pay such invoices within thirty (30) days after their receipt. 5.3 Payment Upon Early Termination. If the Agreement is terminated prior to completion of the Work Plan, the City shall pay for satisfactory services perf ormed by the County through the effective date of termination. 6. LIABLE FOR OWN ACTS. Each party to this Agreement shall be liable for the acts of their own agents, volunteers or employees and results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, agents, volunteers or employees. It is understood and agreed that the provisions of the Minn. Stat. § 471.59, the Municipal Tort Claims Act, Minn. Ch. 466 and other applicable laws govern liability arising from the parties’ acts or omissions. Each party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. The provisions of Article 7 shall survive the expiration or termination of this Agreement. 7. INDEPENDENT CONTRACTOR. The County is and shall remain an independent contractor with respect to any and all work performed under this Agreement. The County on behalf of its page 54 employees and agents shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services identified herein. The County acknowledges and agrees that the County on behalf of its employees and agents is not entitled to receive any of the benefits received by City employees and is not eligible for workers’ or unemployment compensation benefits under the City. The County also acknowledges and agrees that no withholding or deduction for state or federal income taxes, FICA, FUTA, or otherwise, will be made from the payments due the County and that it is the County’s sole obligation to comply with the applicable provisions of all federal and state tax laws. 8. GENERAL. 8.1. Notices. The City or County may, by giving written notice to the other party, designate any address or addresses to which notices or other communications to them shall be sent when required by or related to this Agreement. Until otherwise provided by the respective parties, all notices or communications shall be addressed as follows: To the City: City of Mendota Heights Kelly McCarthy- Chief of Police 1101 Victoria Curve Mendota Heights, MN 55118 Telephone: 651-452-1366 To the County: Jim Iliff Emergency Preparedness Coordinator 1580 Highway 55 Hastings, MN 55033 Telephone: 651-438-4703 8.2. Amendments. No amendments or variations of the terms and conditions of this Agreement shall be valid unless in writing and signed by the parties. 8.3. Severability. All terms and covenants contained in this Agreement are severable. In the event any provision of this Agreement shall be held invalid by any court of competent jurisdiction, this Agreement shall be interpreted as if such invalid terms or covenants were not contained in the Agreement and that such holding shall not invalidate or render unenforceable any other provision. 8.4. Choice of Law. The laws of the state of Minnesota shall govern as to the interpretation, validity, and effect of this Agreement. The captions and headings of the provisions under this Agreement are for convenience only and shall not be considered or referred to concerning questions of interpretation or construction. 8.5. Data Privacy. The parties agree that any information and data received from the other party during the term of this Agreement shall be treated and maintained in accordance with all applicable federal, state, and local laws, rules and regulations governing same, including but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 and the Minnesota rules implementing the Act now in page 55 force or hereafter adopted. The County and the City agree to provide to each other data which is reasonably necessary to fulfill the purpose of this Agreement, provided such sharing of data is done in accordance with the Minnesota Government Data Practices Act and other state and federal law regulating the dissemination of data. 8.6. Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or that party’s right to enforce it. 8.7. Non-Appropriation. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by either party in the event sufficient funds from the County, City, State, Federal or other sources are not appropriated, obtained and continued at least at the level relied on for the performance of this Agreement and the non-appropriation of funds did not result from any act of bad faith on the part of the terminating party. 8.8. Entire Agreement. This Agreement is the entire agreement for the provision of the Emergency Management Services between the City and the County and it supersedes all prior written or oral agreements on this program. There are no covenants, promises, undertakings, or understandings outside of this Agreement other than those as specifically set forth. Any term, condition, prior course of dealing, course of performance, usage of trade, understanding, or agreement purporting to modify, vary, supplement, or explain any provision of this Agreement is null and void and of no effect unless in writing and signed by representatives of both parties authorized to amend this Agreement. IN WITNESS WHEREOF, this Agreement was entered into on the date(s) set forth below and the undersigned, by execution hereof, represent that they are authorized to enter into this Agreement on behalf of the respective parties and state that this Agreement has been read by them and that the undersigned understand and fully agree to every provision, and hereby acknowledge receipt of a copy. Approved by Dakota County Board COUNTY OF DAKOTA Resolution No. By__________________________________ Joseph Leko, Chief Deputy Dakota County Sheriff’s Office 1580 Highway 55 Hastings, MN 55033 Date of Signature: ___________________ Approved as to form: __________________________________ Assistant County Attorney/Date County Attorney File No. page 56 CITY OF MENDOTA HEIGHTS Date of signature: We represent and warrant that we are authorized by law to execute this Agreement and legally bind the City. page 57 WORK PLAN, PROJECT DETAILS and TIME ESTIMATES FOR EACH PROSPECTIVE CALENDAR YEAR DURING THE TERM OF THE AGREEMENT 1. EOP Hours o Individual City meetings with EM 10 o Update of City Emergency Operations Plan (EOP) 20 o Update of City Continuity of Operations Plan (COOP) 40 o Meeting with EM to discuss gaps / update needs 10 o Meeting with each City to present updated EOP and COOP 10 Estimated Hours 90 2. Exercises o EOC or COOP Tabletop or Functional Exercise and Development 53 Estimated Hours 53 Total Projected Total Estimated Hours for each Project Year 143 Hours Unknowns and intangibles Scheduling conflicts with City staff could delay processes. Follow through by City staff with deliverables could delay processes. Real Events/Disasters could delay processes. page 58 REQUEST FOR COUNCIL ACTION DATE: November 19, 2019 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2019-90 Approving a Permit to Dakota County for a Rain Garden COMMENT: INTRODUCTION The Council is asked to approve a permit granting Dakota County rights to work within the Marie Avenue right-of-way. BACKGROUND Dakota County owns the portion of trail along Marie Avenue from Callahan Place to Delaware Avenue as part of the river to river greenway. This trail is along the northern property of Henry Sibley High School and has drainage issues since its construction. Currently, water flows over the trail creating icing hazards. DISCUSSION To alleviate a public safety concern, Dakota County is proposing to construct a rain garden on the Henry Sibley property within the County easement. The County is requesting to connect a discharge from the rain garden into the city storm sewer. The rain garden is expected to capture and infiltrate water into the ground. Additional water that is unable to be infiltrated will be directed to the Mendota Heights storm sewer via an overflow pipe. There is no increase in drainage to the city sewer as the water flows to the system already. The County will use the boulevard to stage equipment and construct the garden. Plans of this improvement are attached. The County proposes to install the rain garden in the spring of 2020. BUDGET IMPACT None. Governmental agencies grant zero dollar permits as a standard practice. The rain garden will also add additional storm water treatment and aesthetics to the city. RECOMMENDATION Staff recommends Council approve Resolution 2019-90 granting a permit to Dakota County for activities related to the rain garden construction at Henry Sibley High School. ACTION REQUIRED If Council wishes to enact the staff recommendation, it should pass a motion to approving Resolution 2019-90, APPROVING A TEMPORARY PERMIT TO DAKOTA COUNTY. This action requires a simple majority vote. page 59 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-90 RESOLUTION APPROVING A TEMPORARY PERMIT TO DAKOTA COUNTY WHEREAS, the City of Mendota Heights maintains a public right-of-way for Marie Avenue in Dakota County; and WHEREAS, Dakota County will need to temporarily utilize said right-of-way to maintain and operate the river to river greenway; and WHEREAS, Dakota County will construct a rain garden and connect a storm sewer pipe to a Mendota Heights drainage structure. NOW THEREFORE, BE IT RESOLVED, the Mendota Heights City Council hereby approves and authorizes a permit to Dakota County waiving certain rights and granting immediate right to enter the above described property. BE IT FURTHER RESOLVED, the Mendota Heights City Council herby authorizes the City Administrator and Public Works Director to execute a permit with Dakota County for this work. Adopted by the City Council of the City of Mendota Heights this nineteenth day of November, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ ATTEST Neil Garlock, Mayor _________________________ Lorri Smith, City Clerk page 60 DAKOTA COUNTY ENVIRONMENTAL RESOURCESCOVER SHEETHENRY SIBLEY HIGH SCHOOL RAINGARDEN PROJECT1DRAWN BY: TPDREVIEWED BY: MGBAPPROVED BY: JGPDATE: 10/31/2019N:\ERD\Wat Res\Stormwater\Projects\2020 - Henry Sibley High School Raingarden at River to River Greenway\CAD\Henry Sibley High School Raingarden Plans.dwg HENRY SIBLEY HIGH SCHOOL RAINGARDEN PROJECTMENDOTA HEIGHTS, MINNESOTAOCTOBER 25, 2019OWNER:DAKOTA COUNTY FACILITIES, FLEET, & PARKS DEPARTMENTDAKOTA COUNTY WESTERN SERVICE CENTER, 3RD FLOOR14955 GALAXIE AVENUEAPPLE VALLEY, MN 55124PROJECT ENGINEER:JOSH PETERSEN, P.E.SENIOR WATER RESOURCES ENGINEERPH: 952-891-7140PROJECT MANAGER:MIKE BEHANENVIRONMENTAL SPECIALIST - STORMWATERPH: 952-891-7539PARK LIAISON:DYLAN STRANDPH: 651-301-2779DRAWING INDEXSHEET DESCRIPTION1 COVER SHEET2 EXISTING SITE CONDITIONS3GRADING PLAN4 UTILITY PLAN5LANDSCAPE PLAN / SWPPP6LANDSCAPE DETAILS7 DETAILSGENERAL NOTES:ESTIMATED QUANTITIESITEM #DESCRIPTIONUNITQUANTITY1MOBILIZATION / DEMOBILIZATION (INCLUDETRAFFIC CONTROL AND STAGING)LS12 CLEARING / GRUBBINGAC0.223EXCAVATION / GRADINGCY4 DEMO EXISTING TILE LINEEA154'' PERFORATED DRAIN TILELF10064'' CLEANOUTEA17 8'' SOLID TILELF225812'' ADS NYLOPLAST BASIN (SOLID TOP)EA4912'' ADS NYLOPLAST BASIN (BEEHIVE TOP)EA110TIE INTO EXISTING CATCH BASINEA111ENGINEERED MIX (80/20 MIX)CY39012MULCH (3'' SHREDDED HARDWOOD)CY13COIR ROLLS - STRAW WATTLES NATURAL NET LF58014 CAT 3N EROSION BLANKETSF154315RED OSIER DOGWOOD #3 POT/GALEA9716WOVEN ENGINEER FABRIC (UNDER MIX MEDIA)SF115017 SODSF698518SEED (LOW MOW TURF SEED MIX)SFI HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.(SIGNATURE) (DATE)PRINTED NAME: JOSH PETERSEN, P.E. LICENSE NO: 49518MY LICENSE RENEWAL DATE IS JUNE 30, 2020GOPHER ONE CALLBEFORE THE START OF CONSTRUCTION THE OWNER OF ANY UTILITIESMUST BE NOTIFIED 48 HOURS PRIOR TO ANY EXCAVATION. THE EXCAVATORIS RESPONSIBLE FOR GIVING NOTICE BY CALLING EITHERTWIN CITIES METRO: (651) 454 - 0002GREATER MINNESOTA: (800) 252 - 11661. CONTRACTOR TO NOTIFY DAKOTA COUNTYIMMEDIATELY IF ANY LATENT CONDITIONS APPEAR,OR IF UNKNOWN PHYSICAL, CULTURAL, ORENVIRONMENTAL CONDITIONS ARE FOUND.2. CONTRACTOR SHALL COMPLY WITH LANDSCAPEPLAN/SWPPP PROVIDED IN CONTRACT DOCUMENTSAND COMPLY WITH LOCAL, STATE & FEDERAL CLEANWATER ACT REGULATIONS.3. CONTRACTOR TO COORDINATE A MEETING WITHDAKOTA COUNTY PROJECT MANAGER AND ENGINEERWITHIN SEVEN DAYS PRIOR TO CONSTRUCTION.4. EXCESS MATERIAL TO BE DISPOSED OF BY THECONTRACTOR AT LOCATIONS OF THEIR CHOICE.SUBJECT TO THE REQUIREMENTS OF MINNESOTASTATE LAW.SITE LOCATIONMN-62DELAWARE AVE page 61 971972973978 977 976 969967968STSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST STST STSTST STTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT4" TILE OUTLETFROM BALLFIELDIE - 979.954" TILE OUTLETFROM BALLFIELDIE - 980.06MARIE AVENUE12'' RCPRIM: 964.90'IE(SW): 689.60'EXISTING CATCH BASINRIM: 965.17'IE(NW): 959.97'EXISTING MANHOLERIM: 965.38'IE(SE): 959.28'IE(E): 959.28'IE(NE): 959.28'IE(N): 958.78'IE(W): 958.88'EXISTING CATCH BASINRIM: 970.27'IE(SW): 966.77'EXISTING MANHOLERIM: 970.14'IE(NE): 966.24'IE(SE): 966.24'IE(W): 965.99'EXISTING CATCH BASINRIM: 970.05'IE(NW):966.65'IE(S): 967.15'18'' FES966970971972973967968969970974982981 980 979 978977976974DAKOTA COUNTY ENVIRONMENTAL RESOURCESEXISTING SITE CONDITIONSHENRY SIBLEY HIGH SCHOOL RAINGARDEN PROJECT2N:\ERD\Wat Res\Stormwater\Projects\2020 - Henry Sibley High School Raingarden at River to River Greenway\CAD\Henry Sibley High School Raingarden Plans.dwg NI HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.(SIGNATURE) (DATE)PRINTED NAME: JOSH PETERSEN, P.E. LICENSE NO: 49518MY LICENSE RENEWAL DATE IS JUNE 30, 2020LEGEND: CONTOUR (MINOR) CONTOUR (MAJOR) FENCE TELEPHONE/UTILITY UTILITY PEDESTAL TREES STORM SEWERTTSTSCALE 1'' = 30'01030DRAWN BY: TPDREVIEWED BY: MGBAPPROVED BY: JGPDATE: 10/31/2019page 62 971972973978 977 976 969967968TTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTMARIE AVENUE975974975976977 978 979 980 "CONSTRUCTIONAHEAD" SIGNAGEFOR TRAIL USERSPROTECT TRAILDURING CONSTRUCTION.DO NOT IMPEDEPEDESTRIAN TRAFFICPROTECT TRAILDURING CONSTRUCTION.DO NOT IMPEDEPEDESTRIAN TRAFFIC"CONSTRUCTIONAHEAD" SIGNAGEFOR TRAIL USERSPROTECT TREESPROTECT ALLUTILITY/FIBER OPTICDURING CONSTRUCTIONGRADING LIMITSDO NOT DISTURB OUTSIDE LIMITS!973.75' '966970971972973967968969970974982981 980 979 978977976PROTECT TREEPROTECT TREESPROTECT FENCE (TYP.)PROTECT FENCE (TYP.)975.5' '974973.90' '974976DEPTH TOOVERFLOW = 1.5'31MAX.SLOPEVARIES(SEE PLAN)MINIMUM 6" TOPSOILON SLOPESSEE LANDSCAPE PLANFOR PLANTING DETAILSNO EQUIIPMENT IN BASIN FORPLACEMENT OF B MIX - HANDWORK ONLYENGINEERED B MIX SOIL(80% ASTM C-33 SAND(CLEAN WASHED), 20%MNDOT GRADE II COMPOST)FROM BASIN BOTTOM TOBOTTOM OF UNDERDRAIN4" UNDERDRAIN12"MINIMUM3" SHREDEDHARDWOODMULCHWOVEN GEOTEXTILEFABRIC AROUND MIX B SOILTURF SOD SLOPESDAKOTA COUNTY ENVIRONMENTAL RESOURCESGRADING PLANHENRY SIBLEY HIGH SCHOOL RAINGARDEN PROJECT3N:\ERD\Wat Res\Stormwater\Projects\2020 - Henry Sibley High School Raingarden at River to River Greenway\CAD\Henry Sibley High School Raingarden Plans.dwg NSTAGING AREAI HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.(SIGNATURE) (DATE)PRINTED NAME: JOSH PETERSEN, P.E. LICENSE NO: 49518MY LICENSE RENEWAL DATE IS JUNE 30, 2020TTSTGRADING NOTES:1. CONTOURS ARE SHOWN TO FINAL GRADE2. DO NOT DISTURB OUTSIDE OF LIMITS. MAINTAIN ALL SIDEWALKS, TRACKS, AND FENCING DURINGCONSTRUCTION.3. DO NOT IMPEDE TRAFFIC ON MARIE AVENUE OR ALONG REGIONAL TRAIL DURING CONSTRUCTION.4. DAMAGE TO EXISTING STREETS, TRAILS, LANDSCAPING, AND SOD OUTSIDE OF GRADING LIMITS WILL BEREPAIRED BY CONTRACTOR AT NO ADDITIONAL COST TO DAKOTA COUNTY4. DAMAGE TO EXISTING STREETS AND TRAILS INSIDE OF GRADING LIMITS WILL BE REPAIRED BY CONTRACTOR ATNO ADDITIONAL COST TO DAKOTA COUNTY5. CONTRACTOR IS RESPONSIBLE FOR COORDINATION WITH CITY OF MENDOTA HEIGHTS FOR TRAFFIC CONTROL,STAGING AREAS, OUTAGES ON TRAIL OR MARIE AVENUE AND ANY NECESSARY PERMITS6. PRESERVE ALL TOPSOIL NECESSARY FOR SOIL RESTORATION.7. PLACE MIX AS FINAL STEP TO PREVENT SOIL/DRAINAGE CONTAMINATION.LEGEND: CONTOUR (MINOR) CONTOUR (MAJOR) FENCE TELEPHONE/UTILITY UTILITY PEDESTAL TREES STORM SEWER GRADING LIMITS RUNOFF FLOW DIRECTIONDRAWN BY: TPDREVIEWED BY: MGBAPPROVED BY: JGPDATE: 10/31/2019SCALE 1'' = 30'01030FILTRATION BASIN DETAILNOT TO SCALEAApage 63 971972973978 977 976 969967968STSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST STST STSTST STTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT4" TILE OUTLETFROM BALLFIELDIE - 979.954" TILE OUTLETFROM BALLFIELDIE - 980.06MARIE AVENUESTSTSTSTSTSTST975974975976977 978 979 980 TIE INTO EXISTING CATCH BASINRIM: 965.17'IE(EXISITNG): 959.97'IE(TIE-IN): 962.97'8'' SOLID TILE9LF@1.0%CORE UNDER TRAIL12'' NYLOPLAST BASINW/ SOLID TOPRIM:967.75'IE(E): 963.06'IE(NW): 963.06'8'' SOLID TILE48LF@8.8%8'' SOLID TILE38LF@15.9%8'' SOLID TILE86LF@0.4%OUTLET 8'' SOLID TILEW/ RAT GUARDIE: 973.90'8'' SOLID TILE44LF@1.0%12'' NYLOPLAST BASINW/ SOLID TOPRIM: 969.00'IE(SE): 963.50'IE(W): 963.50'12'' NYLOPLAST BASINW/ DOMED BEEHIVE TOPRIM: 967.75'IE(E/W): 972.75'12'' NYLOPLAST BASINW/ SOLID TOPRIM: 981.00'IE(E): 979.95'IE(W): 979.95'IE(S): 979.95'12'' NYLOPLAST BASINW/ SOLID TOPRIM:980.50'IE(W): 980.06'IE(S): 980.06'966970971972973967968969970974982981 980 979 978977976EXISTING GROUNDEXISTING TILE OUTLETEXCAVATE & TRUNCATEEXISTING TILE LINE(SHOWN IN HATCH)TIE EXISTING TILE TOPROPOSED NYLOPLASTBASIN W/ SOLID TOPSTSTST4'' PERFORATEDRAIN TILEUNDERDRAINW/ CIRCULARKNIT SOCK100LF@0.5%4'' CLEANOUTIE: 973.25'974974976DAKOTA COUNTY ENVIRONMENTAL RESOURCESUTILITY PLANHENRY SIBLEY HIGH SCHOOL RAINGARDEN PROJECT4N:\ERD\Wat Res\Stormwater\Projects\2020 - Henry Sibley High School Raingarden at River to River Greenway\CAD\Henry Sibley High School Raingarden Plans.dwg NI HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.(SIGNATURE) (DATE)PRINTED NAME: JOSH PETERSEN, P.E. LICENSE NO: 49518MY LICENSE RENEWAL DATE IS JUNE 30, 2020UTILITY NOTES:1. ALL EXISTING UTILITIES SHOULD BE PROTECTED VALUES OTHERWISE NOTED.2. CONTRACTOR IS RESPONSIBLE FOR ALL DISPOSALS SHOWN AND REQUIRED.3. CONTRACTOR WILL USE ADS NYLOPLAST BASIN STRUCTURES OR DAKOTA COUNTYAPPROVED EQUIVALENT4. CONTRACTOR SHALL COMPLY WITH ALL MANUFACTURE'S RECOMMENDATIONS ANDREQUIREMENTS FOR PRODUCTSTTSTLEGEND: CONTOUR (MINOR) CONTOUR (MAJOR) FENCE TELEPHONE/UTILITY UTILITY PEDESTAL TREES STORM SEWER GRADING LIMITSDRAWN BY: TPDREVIEWED BY: MGBAPPROVED BY: JGPDATE: 10/31/2019SCALE 1'' = 30'01030TILE TIE-IN DETAILNOT TO SCALE BSWCD CLEANOUT DETAILNOT TO SCALEABpage 64 974DAKOTA COUNTY ENVIRONMENTAL RESOURCESLANDSCAPE PLAN / SWPPPHENRY SIBLEY HIGH SCHOOL RAINGARDEN PROJECT5N:\ERD\Wat Res\Stormwater\Projects\2020 - Henry Sibley High School Raingarden at River to River Greenway\CAD\Henry Sibley High School Raingarden Plans.dwg NI HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.(SIGNATURE) (DATE)PRINTED NAME: JOSH PETERSEN, P.E. LICENSE NO: 49518MY LICENSE RENEWAL DATE IS JUNE 30, 2020LANDSCAPING NOTES:1. SEE LANDSCAPE DETAILS (PAGE 6)TTST97 TOTALRED OSIERDOGWOOD3' OCLEGEND: CONTOUR (MINOR) CONTOUR (MAJOR) FENCE TELEPHONE/UTILITY UTILITY PEDESTAL TREES STORM SEWER GRADING LIMITS SOD CAT 3N EROSION BLANKET & LOW MOW TURF 3'' SHREDDED HARDWOOD MULCH LAYER (TYPE VI) RED OSIER DOGWOOD 3' OC #3 POT COIR ROLLCAT 3N EROSIONBLANKET & LOWMOW TURFPROTECT ALLTREES OUTSIDEDISTURBANCE LIMITSSODDRAWN BY: TPDREVIEWED BY: MGBAPPROVED BY: JGPDATE: 10/31/2019SCALE 1'' = 30'0103013LF OF COIR ROLLTO PROTECT OUTLET220LF OFCOIR ROLL13LF COIR ROLLTO PROTECT INLET64LF COIR ROLL270LF OF COIR ROLLpage 65 DAKOTA COUNTY ENVIRONMENTAL RESOURCESLANDSCAPE DETAILSHENRY SIBLEY HIGH SCHOOL RAINGARDEN PROJECT6N:\ERD\Wat Res\Stormwater\Projects\2020 - Henry Sibley High School Raingarden at River to River Greenway\CAD\Henry Sibley High School Raingarden Plans.dwgI HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.(SIGNATURE) (DATE)PRINTED NAME: JOSH PETERSEN, P.E. LICENSE NO: 49518MY LICENSE RENEWAL DATE IS JUNE 30, 2020DRAWN BY: TPDREVIEWED BY: MGBAPPROVED BY: JGPDATE: 10/31/2019LANDSCAPING NOTES:1. CONTOURS ARE SHOWN TO FINAL GRADE2. DETERMINE EXACT LOCATIONS OF ALL UNDERGROUND UTILITIES AND VERIFY IN FIELD. REPORT ANY CONFLICTS TODAKOTA COUNTY PRIOR TO BEGINNING WORK.3. PROTECT EXISTING VEGETATION INCLUDING ALL EXISTING PARKWAY AND INTERIOR TREES. REPLACE DAMAGEDVEGETATION WITH APPROVED SIMILAR MATERIAL.4. MAINTAIN SITE DRAINAGE DURING LANDSCAPE INSTALLATION.5. PRIOR TO LANDSCAPE INSTALLATION, VERIFY PLANTING AREAS ARE GRADED AT +/- 0.1 FOOT TO FINISH GRADE6. CONFIRM ALL PLANT QUANTITIES. PROVIDE PLANT MATERIALS SUFFICIENT TO COVER AREAS SHOWN ON PLANS AT THESPACINGS INDICATED7. PROVIDE IDENTIFICATION TAG FROM THE SUPPLYING NURSERY SHOWING COMMON AND BOTANICAL PLANT NAMES FOR ATLEAST ONE PLANT OF EACH SPECIES DELIVERED TO THE SITE. PROTECT ALL PLANTS AGAINST HEAT, SUN, WIND ANDFROST DURING TRANSPORTATION TO THE SITE AND WHILE BEING HELD AT THE SITE. DO NOT STORE PLANTS IN TOTALDARKNESS MORE THAN ONE DAY.8. DO NOT DAMAGE PLANT ROOT BALL DURING TRANSPORTATION OR PLANTING.9. NOTIFY DAKOTA COUNTY AT THE TIME OF DELIVERY OF ANY PLANT MATERIAL THAT IS DAMAGED OR IN POOR CONDITION10. DAKOTA COUNTY RESERVES THE RIGHT TO INSPECT ALL PLANT MATERIALS BEFORE PLANTING. MATERIAL MAY BEREJECTED AT ANY TIME DUE TO CONDITION, FORM OR DAMAGE BEFORE OR AFTER PLANTING.11. REMOVE ALL ROCK AND DEBRIS 1" AND LARGER FROM PLANTING AREAS. LEGALLY DISPOSE ALL EXCESS MATERIALSRESULTING FROM THE WORK.12. IN PLANTING SOIL PIT, REMOVE CRUSHED AGGREGRATE TO AN ADEQUATE DEPTH TO ENSURE THAT NO PART OF THEPLANT MATERIAL IS IN CONTACT OR AFFECTED BY THE LIME OR LIMESTONE IN THE AGGREGATE13. PRESERVE EXISTING TOPSOIL THAT IS FERTILE, FRIABLE AND NATURAL LOAM SURFACE SOIL, REASONABLY FREE OFSUBSOIL, CLAY, CLAY LUMPS, BRUSH, WEEDS, AND OTHER LITTER AND FREE OF ROOTS, STUMPS, STONES LARGER THAN 2"IN ANY DIMENSION AND OTHER EXTRANEOUS OR TOXIC MATTER HARMFUL TO PLANT GROWTH. OBTAIN TOPSOIL FROMLOCAL SOURCES OR FROM AREAS HAVING SIMILAR SOIL CHARACTERISTICS TO THAT NECESSARY FOR VIGOROUS GROWTHOF SPECIFIED PLANTINGS. OBTAIN TOPSOIL THAT OCCURS IN A DEPTH OF NOT LESS THAN 6". DO NOT OBTAIN SOIL FROMBOGS OR MARSHES.14. THE PLANTING PLANS ARE DIAGRAMMATIC. SPOT PLANT MATERIALS APPROXIMATELY AS SHOWN ON THE LANDSCAPEDRAWING AND NOTIFY AOR FOR REVIEW BEFORE REMOVING FROM CONTAINERS.15. INSTALL ALL PLANT MATERIAL IN ACCORDANCE WITH DETAILS AND SPECIFICATIONS.16. REMOVE ALL PLANT TYING MATERIAL AND MARKING TAPES AT THE TIME OF PLANTING.17. INSTALL A MIN 3" LAYER OF HARDWOOD BARK MULCH AROUND ALL TREES. CREATE A NATURAL SPADED EDGE WHEREPLANTING BEDS MEET TURF AREAS. SEE SPECIFICATION.18. PROTECT SEEDED AREAS AND SLOPES AGAINST EROSION AND SEED LOSS DUE TO BIRDS AND OTHER WILDLIFE BYAPPLYING SHORT TERM, BIODEGRADABLE EROSION CONTROL BLANKETS, MATS, AND/OR NETTING AFTER COMPLETION OFSEEDING OPERATIONS. ADHERE TO MANUFACTURER'S SPECIFICATIONS FOR REQUIRED PLACEMENT AND STAKING.19. WARRANTY ALL PLANTS AND LAWN EXPERIENCING DEATH AND DEFECTS INCLUDING UNSATISFACTORY GROWTH, EXCEPTFOR DEFECTS RESULTING FROM NEGLECT BY OWNER, ABUSE OR DAMAGE BY OTHERS OR UNUSUAL PHENOMENON ORINCIDENTS WHICH ARE BEYOND CONTRACTOR'S CONTROL.SHRUB PLANTING SECTION (NOT TO SCALE)INTERPLANTING DETAIL (NOT TO SCALE)page 66 8''12''DRAIN BASIN4'THE BACKFILL MATERIAL SHALL BE CRUSHED STONEOR OTHER GRANULAR MATERIAL MEETING THEREQUIREMENTS OF CLASS I, CLASS II, OR CLASS III MATERIAL AS DEFINED IN ASTM D2321,BEDDING & BACKFILLFOR SURFACE DRAINAGE INLETS SHALL BE PLACED &COMPACTED UNIFORMLY IN ACCORDANCE WITH ASTM D23214'' MINFINAL GRADEBEEHIVE GRATEDAKOTA COUNTY ENVIRONMENTAL RESOURCESDETAILSHENRY SIBLEY HIGH SCHOOL RAINGARDEN PROJECT7N:\ERD\Wat Res\Stormwater\Projects\2020 - Henry Sibley High School Raingarden at River to River Greenway\CAD\Henry Sibley High School Raingarden Plans.dwgI HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.(SIGNATURE) (DATE)PRINTED NAME: JOSH PETERSEN, P.E. LICENSE NO: 49518MY LICENSE RENEWAL DATE IS JUNE 30, 2020PIPING DETAILS:1. ADS NYLOPLAST CATCH BASIN STRUCTURES ON TILTS2. ADS NYLOPLAST CATCH BASIN WITH BEEHIVES AT POND OUTLETSEDIMENT CONTROL NOTES:1. INSTALL SEDIMENT CONTROL PRACTICES (PERIMETER CONTROL AND INLET PROTECTION) PRIOR TO LAND DISTURBANCE ACTIVITIES.2. STAKE BIOROLLS USED FOR PERIMETER CONTROL ON PERVIOUS SURFACES.3. INLET PROTECTION SHALL BE REMOVABLE AND HAVE AN OVERFLOW. FABRIC PLACED ACROSS DRAIN IS UNACCEPTABLE.4. SWEEPING IS REQUIRED TO REMOVE SEDIMENT FROM ALL PAVED SURFACES WITHIN ONE (1) CALENDAR DAY OF DISCOVERY AND COMPLY WITH LOCAL PERMIT.5. RUMBLE STRIP OR OTHER CONSTRUCTION ENTRANCE WILL BE REQUIRED IF WARRANTED BY SEDIMENT TRACKING ONTO CITY STREETS. EXPECTATION IS ANYOFFSITE HAULING WILL NOT REQUIRE TRUCKS TO LEAVE THE PAVED SURFACE.6. STOCKPILING OF MATERIAL ONLY TO OCCURE IN DESIGNATED WORK AREAS. PERIMETER CONTROL IS NEEDED AROUND STOCKPILE AREAS OUTSIDE OF THEMAIN WORK AREA. ADDITIONAL INLET PROTECTION MAY BE REQUIRED FOR STOCKPILE AREAS.EROSION CONTROL NOTES:1. TEMPORARY STABILIZATION VIA MULCH, HYDROMULCH, OR OTHER ACCEPTABLE PRODUCT IS REQUIRED WITHIN SEVEN (7) DAYS IF GRADING WORK CEASES.2. EROSION CONTROL BLANKET SHOULD BE SECURED WITH STAPLES PER MANUFACTURER'S GUIDANCE.3. ONLY NATURAL NET BLANKET MEETING THE PROJECT SPECIFICATIONS SHALL BE USED ON THE PROJECT.4. IF STRAW MULCH IS USED FOR TEMPORARY OR FINAL STABILIZATION, IT SHALL BE DISC ANCHORED INTO SOIL.5. TOPSOIL MATERIAL SHALL BE REWORKED TO ELIMINATE ANY CLODS OR ROCKS GREATER THAN 4'' DIAMETER PRIOR TO SEEDING AND STABILIZATION6. SOILS SHALL BE TILLED TO 6-9'' DEPTH PRIOR TO FINAL TOP-DRESSING AND SEEDING.MAINTENANCE NOTES:1. PERIMETER CONTROL MUST BE REPAIRED, REPLACED, CLEANED, OR SUPPLEMENTED WHEN THEY BECOME NON-FUNCTIONAL OR WHEN SEDIMENT REACHES 1/2OF THE HEIGHT OF THE DEVICE.2. SEDIMENT SHALL BE REMOVED FROM INLET PROTECTION DEVICES WHEN THE DEVICE IS 1/2 FULL OF SEDIMENT.3. CONTRACTOR SHALL INSPECT EROSION AND SEDIMENT CONTROLS AT LEAST EVERY FIVE (5) BUSINESS DAYS AND WITHIN 24 HOURS OF 1/2 -INCH RAINFALLEVENTS.COIR ROLL DETAILS12'' NYOPLAST DRAIN BASIN DETAILS (NOT TO SCALE)·BASINS TO CONFORM TO MANUFACTURER'S SPECIFICATIONSDRAWN BY: TPDREVIEWED BY: MGBAPPROVED BY: JGPDATE: 10/31/201945°245°1427BLANKET CHECK14"4"6"FLOWSLOPE56STAPLE CHECKFLOW6"4"2' OVERLAP/WRAPFLOWBLANKET INSTALLATION DETAILS1 IN. X 2 IN. X 25 IN. LONG WOODEN STAKES.STAKES SHALL BE DRIVEN THROUGH THEBACK HALF OF THE SEDIMENT CONTROLLOG AT AN ANGLE OF 45 DEGREES WITHTHE TOP OF THE STAKE POINTINGUPSTREAM.BACKFILL AND COMPACT SOIL FROMTRENCH ON UPGRADIENT SIDE OFSEDIMENT CONTROL LOGPLACE SEDIMENT CONTROL LOG INSHALLOW TRENCH (1 TO 2 IN. DEPTH)SEDIMENT CONTROL LOG8 IN. - 10 IN. EMBEDMENT DEPTHFLOWTYPES: STRAW, WOOD FIBER, OR COIRSEDIMENT CONTROL LOG1 IN. X 2 IN. X 24 IN. LONG WOODENSTAKES AS NEEDED. STAKES SHALL BEDRIVEN OVER THE SEDIMENT CONTROLLOG AT AN ANGLE OF 45 DEGREES WITHTHE TOP OF THE STAKE POINTINGUPSTREAM.FLOW8 IN. - 10 IN. EMBEDMENT DEPTHTYPES: WOOD CHIP, COMPOST, OR ROCKDITCH BLANKET STAPLE DETAIL NOTES1. PLACE DOUBLE ROW OF STAPLESSTAGGERED 4'' APART AND 4'' ONCENTER.2. USE 6'' X 6'' TRENCH TO PLACE BLANKET.PLACE SINGLE ROW OF STAPLES ONTOP AND TRENCH SIDES AT 12''SPACING BACKFILL TRENCH WITH SOILAND TAMP.3. PLACE SINGLE ROW OF STAPLES AT 12''SPACING.4. USE STAPLE CHECK FOR CHANNELSLOPES LESS THAN 2.5% GRADE AT 100FOOT INTERVALS. PLACE DOUBLE ROWOF STAPLES STAGGERED 4'' APART ANDAT 4'' SPACING.5. USE BLANKER CHECKS FOR THEFOLLOWING SLOPES:2.5%-3% 100 FT INTERVALS3%-5% 50 FT INTERVALS5%-7% 25 FT INTERVALS6. CRITICAL POINTS SHALL BE SECUREDWITH PROPER STAPLE PATTERNS.page 67 page 68 Request for City Council Action DATE: November 6, 2019 TO: Mayor, City Council and City Administrator FROM: Krista Spreiter, Natural Resources Technician Ryan Ruzek, Public Works Director SUBJECT: Supporting the Emerald Ash Borer Community Forest Grant Applications – Amended Memo INTRODUCTION The Council approved resolution 2019-86, in support of the EAB Community Forest Response Tree Planting grant application, as well as the Preparing for EAB in Community Forests grant application, at their November 6, 2019 meeting. Direction was given to clarify the project costs. BACKGROUND The Minnesota Department of Natural Resources is offering two separate grants to aid communities in the management of ash trees for Emerald Ash Borer (EAB). Staff has applied through the pre-application process, and the City has been selected to move forward and invited to submit the final application for both the EAB Community Forest Response Tree Planting grant, as well as the Preparing for EAB in Community Forests grant. The EAB Community Forest Response Tree Planting grant reduces the impact of EAB on communities through tree planting. The Preparing for EAB in Community Forests grant assists communities in managing ash trees affected by EAB on public land through tree inventory and management plan development, as well as ash tree removal and tree replacement. If awarded, the grant period begins January 31, 2020, and ends June 1, 2022. BUDGET IMPACT If awarded, both grants require a 25% match. These funds may consist of cash match or in-kind. Grant Name Total Cost Amount Req. (75%) City Match (25%) Community Forest Response Tree Planting $15,500 $11,625 $3,875 (labor) Preparing for EAB in Community Forests $127,900 $95,925 $31,975 (cash) The City is proposing a $3,875 in-kind match as part of the Community Forest Response Tree Planting grant application, and requesting a total grant amount of $11,625. The City is requesting grant funds in the amount of $95,925, with a 25% cash-match of $31,975 for the Preparing for EAB in Community Forests grant. These cash-match funds would be taken from the City’s tree removal budget. All funds are awarded on a reimbursement basis. ACTION REQUIRED None – for clarification purposes only page 69 page 70 Request for City Council Action DATE: November 19, 2019 TO: Mayor and City Council, City Administrator FROM: Ryan Ruzek, Public Works Director SUBJECT: Resolution 2019-96 Accept Donation of a framed 1928 Plat Map Introduction The City Council is asked to formally accept a donation of framed 1928 Plat Map which was received from Joseph Nelson of 2366 Apache Court. Background By state law, all donations to the City must be accepted by the City Council by means of a resolution. Mr. Nelson has recently been downsizing at his home and has a framed 1928 Plat map that he longer wishes to have at his home. A location within city offices will be selected to hang the map. The City is grateful for this donation. Budget Impact There is no budget impact. Recommendation Staff recommends that the City Council approve Resolution 2019-96, formally acknowledging the receipt of a donation to the City of Mendota Heights from Joseph Nelson, 2366 Apache Court. Action Required If the Council concurs, it should, by motion adopt Resolution 2019-96, formally acknowledging the receipt of a donation to the City of Mendota Heights from Joseph Nelson, 2366 Apache Court. page 71 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-96 RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF A DONATION TO THE CITY WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 465.03 “Gifts to municipalities”; and WHEREAS, the Minnesota State Statute requires that gifts to municipalities be formally accepted by resolution; and WHEREAS, the City Council of the City of Mendota Heights has duly considered this matter and wishes to acknowledge the civic mindedness of citizens and officially recognize them for their donations. NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights accepts a donation from Joseph Nelson, 2366 Apache Court, of one framed 1928 plat map. Adopted by the City Council of the City of Mendota Heights this nineteenth day of November, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Neil Garlock, Mayor ATTEST: ______________________________ Lorri Smith, City Clerk page 72 MEMO DATE: November 19, 2019 TO: Mayor, City Council and City Administrator FROM: Sharon Hinze, Utility Billing Clerk SUBJECT: Delinquent Utility Charges DISCUSSION: There are currently 54 delinquent sewer accounts totaling $25,233.86 to be certified to Dakota County for collection with property taxes per City Code 10-3-7. In the year 2018, we certified approximately $29,962.10 of delinquent sewer charges to Dakota County for collection with property taxes. Further, per City Code 10-5-5, the City is authorized to certify to Dakota County for collection with property taxes and any unpaid costs for water charges that are past due to the Board of Water Commissioners of the City of St. Paul. There are 26 water accounts with the Board of Water Commissioners of the City of St. Paul totaling $3,054.32 to be certified this year. In the year 2018, we certified approximately $3,523.54 of delinquent water charges to Dakota County for collection with property taxes. In addition, per City Code 4-3-4B, the City is authorized to certify to Dakota County for collection with property taxes any unpaid costs for the cutting and removal of weeds, grass and other vegetation. However, there are no delinquent weed accounts to be certified this year. Per City Code and City Ordinance, we have included in these amounts all balances, interest and late charges. The total amount of said utility charges shall be paid with general taxes for the year 2019 and collectable in 2020. Per City Code and City Ordinance, letters were sent to property owners of sewer accounts past due in excess of two quarters, notifying them that if the delinquency was not paid by November 12, 2019, the amount due, plus seven percent (7%) interest and a $50.00 charge will be certified to Dakota County for collection with property taxes. ACTION REQUIRED: It is recommended that the city council approve the attached Resolutions: RESOLUTION NO. 2019-94 “RESOLUTION CERTIFYING DELINQUENT UTILITY CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES.” RESOLUTION NO. 2019-95 “RESOLUTION CERTIFYING DELINQUENT WATER CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES.” page 73 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019 - 94 A RESOLUTION CERTIFYING DELINQUENT UTILITY CHARGES TO THE DAKOTA COUNTY AUDITORS FOR COLLECTION WITH REAL ESTATE TAXES WHEREAS, under the provisions of City Code 10-3-7 adopted by the City Council of the City of Mendota Heights on February 18, 2003, it is provided that if sewer rental charges due to the City for the use of the City’s sewer system are not paid within thirty (30) days after the mailing of a billing statement thereof, the same shall be collected and the collection thereof enforced in the same manner and in all respects as county and state real estate taxes, subject to like penalty, cost and interest charges; and WHEREAS, the City Clerk has advised the City Council that the total sewer rental charges due to the City as of October 11, 2019, has been sent to the last known owner of said properties and that more than thirty (30) days has elapsed since the mailing of said statement; and WHEREAS, said properties are all situated in the City of Mendota Heights, County of Dakota, Minnesota, and the parcel identification number of said properties, and the total amount of sewer rental charges due for each said parcel through November 12, 2019, are more particularly described as follows: PARCEL ID NUMBER AMOUNT DUE 27-71275-02-260 $454.26 27-15200-01-020 $454.26 27-69703-01-020 $513.36 27-17150-02-080 $357.46 27-17150-02-100 $454.26 27-49200-02-032 $465.92 27-81250-01-090 $454.26 27-71150-01-010 $472.22 27-03800-13-020 $502.18 27-71150-12-070 $357.46 27-04200-00-170 $656.38 27-71050-00-360 $555.32 page 74 27-76402-02-030 $502.18 27-76402-03-070 $559.60 27-37650-03-070 $559.60 27-22450-02-050 $454.26 27-42100-06-021 $514.18 27-17151-04-010 $454.26 27-38600-04-070 $286.16 27-57500-03-110 $454.26 27-17100-01-210 $508.18 27-71150-14-030 $454.26 27-71150-13-040 $526.28 27-63300-01-020 $329.70 27-76402-03-190 $515.88 27-37676-01-220 $583.14 27-37675-02-020 $672.64 27-71100-01-050 $478.22 27-64700-02-050 $407.92 27-69702-07-140 $460.24 27-42100-08-070 $454.26 27-71500-01-060 $405.58 27-54200-01-071 $454.26 27-54200-01-081 $454.26 27-27800-13-030 $532.14 27-27800-05-090 $502.18 27-64600-02-170 $634.02 27-64600-02-230 $275.78 27-18301-01-200 $454.26 27-27800-01-030 $436.54 page 75 27-27800-11-030 $600.26 27-27800-03-060 $461.52 27-27800-18-060 $472.22 27-28400-04-110 $454.26 27-64550-00-190 $325.42 27-27800-20-050 $454.26 27-19850-02-060 $577.56 27-19850-04-030 $502.18 27-27800-12-080 $442.38 27-23365-01-320 $454.26 27-41601-02-110 $656.38 27-04100-36-011 $101.36 27-76400-01-300 $252.12 27-04000-25-010 $458.10 NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the total of said utility charges set forth above is hereby adopted and confirmed as the proper unpaid utility charges due for the above-described properties through November 12, 2019, for each of said lots, pieces and parcels of land shall be a lien concurrent with the general taxes upon such parcels and all thereof. 2. That the total amount of said utility charges shall be payable with general taxes for the year 2019 collectable in 2020. 3. That the Utility Billing Clerk shall prepare and transmit to the Dakota County Auditor a certified copy of this Resolution with the request that each of said amounts shall be extended upon the property tax lists of Dakota County to be thereafter collected in the manner provided by law. 4. That a $50.00 service charge and seven percent (7%) interest has been added to each delinquent utility account in accordance with Ordinance No. 356 amending Ordinance No. 803. Adopted by the Mendota Heights City Council this 19th day of November, 2019. page 76 CITY COUNCIL CITY OF MENDOTA HEIGHTS ____________________________________________ Neil Garlock, Mayor ATTEST _____________________________________________ Lorri Smith, City Clerk page 77 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019 - 95 A RESOLUTION CERTIFYING DELINQUENT WATER CHARGES TO THE DAKOTA COUNTY AUDITORS FOR COLLECTION WITH REAL ESTATE TAXES WHEREAS, under the provisions of City Code 10-5-5 adopted by the City Council of the City of Mendota Heights on April 19, 2016, it is provided that if water charges are past due to the Board of Water Commissioners of the City of St. Paul and are not paid within thirty (30) days after the mailing of a billing statement thereof, the same shall be collected and the collection thereof enforced in the same manner and in all respects as county and state real estate taxes, subject to like penalty, cost and interest charges; and WHEREAS, the City Clerk has advised the City Council that the total water charges due to the Board of Water Commissioners of the City of St. Paul as of the middle of October, 2019 has been sent to the last known owner of said properties and that more than thirty (30) days has elapsed since the mailing of said statement; and WHEREAS, said properties are all situated in the City of Mendota Heights, County of Dakota, Minnesota, and the parcel identification number of said properties, and the total amount of water charges due for each said parcel through the middle of November, 2019 are more particularly described as follows: PARCEL ID NUMBER AMOUNT DUE 27-15200-01-020 $108.84 27-17100-01-210 $169.60 27-17150-04-170 $117.08 27-17151-04-010 $81.58 27-19850-02-060 $161.46 27-19850-04-030 $146.92 27-22450-02-120 $119.54 27-22500-01-060 $99.52 27-22555-01-030 $117.22 27-27800-11-030 $138.46 27-27800-13-030 $108.84 27-27800-18-060 $168.10 page 78 27-37600-06-070 $87.68 27-41601-02-110 $117.30 27-42100-03-040 $100.38 27-42100-08-120 $101.12 27-45300-00-191 $39.08 27-48350-01-250 $125.38 27-54200-01-081 $119.26 27-69701-04-030 $112.08 27-69703-01-020 $170.62 27-71000-02-070 $149.68 27-71050-00-360 $146.92 27-71100-01-050 $97.96 27-83300-00-110 $70.76 27-84300-00-200 $78.94 NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the total of said water charges set forth above is hereby adopted and confirmed as the proper unpaid utility charges due for the above-described properties through the middle of October, 2019 for each of said lots, pieces and parcels of land shall be a lien concurrent with the general taxes upon such parcels and all thereof. 2. That the total amount of said water charges shall be payable with general taxes for the year 2019 collectable in 2020. 3. That the Utility Billing Clerk shall prepare and transmit to the Dakota County Auditor a certified copy of this Resolution with the request that each of said amounts shall be extended upon the property tax lists of Dakota County to be thereafter collected in the manner provided by law. Adopted by the Mendota Heights City Council this 19th day of November, 2019. page 79 CITY COUNCIL CITY OF MENDOTA HEIGHTS ____________________________________________ Neil Garlock, Mayor ATTEST _____________________________________________ Lorri Smith, City Clerk page 80 Request for City Council Action DATE: November 19, 2019 TO: Mayor, City Council, and City Administrator FROM: Dave Dreelan, Fire Chief SUBJECT: Firefighter Retirement COMMENT: INTRODUCTION The City Council is asked to accept the retirement notice of John Mendez as a firefighter with the Mendota Heights Fire Department. BACKGROUND Firefighter John Mendez has announced his retirement from the Fire Department effective November 30, 2019. John become a firefighter with the Mendota Heights Fire Department on November 16, 2005. During his 14 years of service to the department and citizens, John has been an active member of the Fire Department. While John’s retirement will be formally recognized at the department’s dinner in February, staff would like to acknowledge John’s contributions to the department and community and thank him for his time serving on the Mendota Heights Fire Department. BUDGET IMPACT N/A ACTION RECOMMENDED Staff recommends that the City Council accept the retirement of John Mendez as a firefighter with the Mendota Heights Fire Department and formally thank John for his 14 years of service. ACTION REQUIRED If the Council concurs, it should by motion, accept the retirement of John Mendez effective November 30, 2019, from the Mendota Heights Fire Department and formally thank John for his 14 years of service to our community as a Mendota Heights Firefighter. page 81 page 82 11/6/2019 Mendota Heights Building Activity Report Mike Andrejka, Building Official October 1, 2019 thru October 31, 2019 January 1, 2019 thru October 31, 2019 January 1, 2018 thru October 31, 2018 January 1, 2017 thru October 31, 2017 Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected SFD 2 1,130,000.00$ $12,314.78 SFD 8 5,921,742.00$ $59,946.17 SFD 7 3,717,052.00$ $41,628.28 SFD 7 3,994,201.34$ 42,821.23$ Apartment 0 -$ $0.00 Apartment 1 9,135,000.00$ $63,519.64 Apartment 1 9,466,820.00$ $65,710.84 Apartment 2 23,022,000.00$ 158,402.65$ Townhouse 0 -$ $0.00 Townhouse 0 -$ $0.00 Townhouse 20 4,938,993.89$ $54,408.16 Townhouse 8 1,790,000.00$ 17,992.39$ Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ -$ Misc 59 889,085.23$ 12,591.76$ Misc 600 9,118,735.17$ 150,460.15$ Misc 520 7,629,396.57$ 103,415.61$ Misc 563 8,500,381.28$ 116,048.52$ Commercial 2 156,855.00$ $1,756.75 Commercial 22 11,886,972.00$ $51,258.78 Commercial 16 8,791,959.00$ $63,172.89 Commercial 33 9,637,380.00$ 96,379.71$ Sub Total 63 2,175,940.23$ 26,663.29$ Sub Total 631 36,062,449.17$ 325,184.74$ Sub Total 564 34,544,221.46$ 328,335.78$ Sub Total 613 46,943,962.62$ 431,644.50$ Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Plumbing 9 $940.00 Plumbing 191 $27,848.67 Plumbing 188 $30,457.72 Plumbing 166 28,887.25$ Water 0 $0.00 Water 0 $0.00 Water 0 $0.00 Water 0 -$ Sewer 3 $225.00 Sewer 12 $900.00 Sewer 36 $2,700.00 Sewer 31 2,338.00$ Mechanical 31 $2,488.25 Mechanical 259 397.00$ $34,791.13 Mechanical 409 $52,814.52 Mechanical 332 55,324.62$ Sub Total 43 3,653.25$ Sub Total 462 63,539.80$ Sub Total 633 $85,972.24 Sub Total 529 86,549.87$ License No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Contractor 10 $500.00 Contractor 304 $15,200.00 Contractor 282 $14,100.00 Contractor 311 15,550.00$ Total 116 2,175,940.23$ 30,816.54$ Total 1397 36,062,449.17$ 403,924.54$ Total 1479 34,544,221.46$ 428,408.02$ Total 1453 46,943,962.62$ 533,744.37$ NOTE: All fee amounts exclude SAC, WAC and State Surcharge. Amounts shown will reflect only permit, plan review fee and valuation totals page 83 page 84 page 85 page 86 page 87 page 88 page 89 page 90 page 91 page 92 page 93 page 94 page 95 page 96 REQUEST FOR COUNCIL ACTION DATE: November 19, 2019 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E. – Public Works Director SUBJECT: Resolution 2019-92 Storm Water Utility Rate Adjustment COMMENT: INTRODUCTION The purpose of this memo is to request that the Council approve Resolution 2019-92 increasing the Storm Water Utility Fee for 2020. BACKGROUND In addition to the sanitary sewer bills paid by Mendota Heights’ residents and businesses, there is also a flat-rate storm sewer utility fee applied to all the sewer bills sent out by the City. The storm sewer utility fee is $12.00 per quarter, or $48.00 per year. This fee creates the Storm Sewer Utility Fund, which is utilized for maintenance and upkeep of the City’s storm sewer pipes, catch basins, and pond inlets and outlets. Additionally, this fund has been utilized to provide funding for street reconstruction projects that include the installation of new storm sewers, and has been used for stream bank erosion projects. DISCUSSION At the current $12.00 per quarter rate, the fund will not be able to support upcoming capital improvement projects. The current and proposed rate schedule per quarter is: Property Use 2018 Fee 2020 Fee (Proposed) Residential $12.00 $15.00 Business/Industrial > 1 Acre $121.80/acre $121.80/acre Business/Industrial < 1 Acre $60.90/acre $60.90/acre Golf Course/Cemetery $12.00/acre $15.00/acre Institution $42.00/acre $45.00/acre page 97 The following table illustrates the account balance including a proposed increase to $15.00 per quarter for residential properties. This change is projected to collect an additional $50,000 in revenue annually. Revenue 2018 2019 2020 2021 2022 2023 Cash Balance $179,000 $233,000 $19,000 $33,000 $62,000 $136,000 Annual Revenue $446,000 $446,000 $496,000 $496,000 $496,000 $496,000 Total Revenue $625,000 $679,000 $515,000 $529,000 $558,000 $632,000 Expenditures 2018 2019 2020 2021 2022 2023 Operations & Maintenance $152,000 $157,000 $162,000 $167,000 $172,000 $177,000 Ivy Hills Park Pond Improvements $90,000 $0 $0 $0 $0 $0 541 Marie Repair $0 $28,000 $0 $0 $0 $0 Cherokee Heights Ravine $0 $75,000 $0 $0 $0 $0 South Plaza/Mendakota Improvements $50,000 $0 $0 $0 $0 $0 Lexington Highlands Improvements $80,000 $0 $0 $0 $0 $0 Lilydale Drop Structure $20,000 $0 $0 $0 $0 $0 Marie Avenue Rehabilitation 2 $0 $0 $150,000 $0 $0 $0 Wesley Lane Improvements $0 $75,000 $0 $0 $0 $0 Dodd Road Trail/Maple Street Relocation $0 $100,000 $0 $0 $0 $0 2019 Storm Sewer Improvements $225,000 2019 Streambank Stabilization $0 $0 $120,000 $0 $0 $0 Centre Pointe Rehabilitation $0 $0 $0 $50,000 $0 $0 Lake Augusta Erosion $0 $0 $0 $0 $0 $150,000 2020 Pond Improvement $0 $0 $0 $0 $0 $0 2020 Streambank Stabilization $0 $0 $50,000 $0 $0 $0 Sylvandale Rehabilitation $0 $0 $0 $50,000 $0 $0 2021 Pond Improvement $0 $0 $0 $100,000 $0 $0 2021 Streambank Stabilization $0 $0 $0 $100,000 $0 $0 Victoria Curve Rehabilitation $0 $0 $0 $0 $50,000 $0 2022 Pond Improvements $0 $0 $0 $0 $100,000 $0 2022 Streambank Stabilization $0 $0 $0 $0 $100,000 $0 Friendly Hills Rehabilitation $0 $0 $0 $0 $0 $100,000 2023 Pond Improvement $0 $0 $0 $0 $0 $100,000 2023 Streambank Stabilization $0 $0 $0 $0 $0 $50,000 Total Expenditures $392,000 $660,000 $482,000 $467,000 $422,000 $577,000 Unreserved Cash Balance $233,000 $19,000 $33,000 $62,000 $136,000 $55,000 BUDGET IMPACT Without additional revenues, the Storm Water Utility fund will eventually deplete its reserve balances and the City will lose capability and flexibility in maintaining and improving its storm sewer infrastructure. Staff is proposing the storm water utility rate increase be implemented for the 1st quarter (January - March) billing cycle of 2020. The new rate would then be collected starting in April, with the 1st quarter 2020 billing cycle. In the past, increases for utility rates have been highlighted in the previous quarters billing cycle. The 2019 4th Quarter bill will include a note indicating an increase is coming in 2020. page 98 Approximately 600 property owners are on an automatic withdrawal program for their sanitary sewer bill payment. These customers must be notified in writing, and the City will incur a one-time $0.50 per account charge for changing the automatic withdrawal amount. RECOMMENDATION Staff is recommending approval of the proposed Storm Water Utility fund rate increase as outlined above. The proposed increase is required to maintain the revenue stream necessary to fund a self- sustaining utility and to defray storm sewer related costs. ACTION REQUIRED If Council desires to implement the Staff recommendation, pass a motion adopting Resolution 2019- 92, “A RESOLUTION AUTHORIZING STORM WATER UTILITY RATES BEGINNING IN THE FIRST QUARTER OF 2020” by a simple majority vote. page 99 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019 - 92 RESOLUTION AUTHORIZING STORM WATER UTILITY RATES BEGINNING IN THE FIRST QUARTER OF 2020 WHEREAS, the City of Mendota Heights aspires to have a self-funded storm water utility for the residents and businesses of the City; and WHEREAS, annual expenditures have increased over the past several years; and WHEREAS, Storm Water Utility expenditures are anticipated to continue rising over the foreseeable future; and WHEREAS, the City of Mendota Heights has identified the need to raise storm water rates and storm sewer utility fees for 2020. NOW THEREFORE IT IS HERBY RESOLVED by the City Council of the City of Mendota Heights that the rate of charge for the use of the Storm Water Utility shall be set as follows effective the 1st quarter of 2020 (to be billed in April 2020): Property Use 2020 Fee (Proposed) Residential $15.00 Business/Industrial > 1 Acre $121.80/acre Business/Industrial < 1 Acre $60.90/acre Golf Course/Cemetery $15.00/acre Institution $45.00/acre Adopted by the City Council of the City of Mendota Heights this nineteenth day of November, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS By:______________________________________ ATTEST: Neil Garlock, Mayor _______________________________ Lorri Smith, City Clerk page 100 REQUEST FOR COUNCIL ACTION DATE: November 19, 2019 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E. – Public Works Director SUBJECT: Resolution 2019-91 Sanitary Sewer Utility Rate Adjustment COMMENT: INTRODUCTION The purpose of this memo is to request that the Council approve Resolution 2019-91 increasing the Sanitary Sewer Utility Rate for 2020. BACKGROUND The City of Mendota Heights has made a policy that the sanitary sewer rates would be looked at on an annual basis and adjusted periodically to account for increases in costs. Specifically, this would be for the charges billed to the City from the Metropolitan Council Environmental Services (MCES) division, which goes to fund the maintenance and operations of the sewage treatment plants. In addition, the annual costs of maintaining the City’s sanitary sewer system would be reviewed and the annual budget adjusted accordingly. City Staff has developed a five-year Sanitary Sewer Improvement and Maintenance Plan (SSIM P) which projects future costs for the ongoing maintenance of the City’s sanitary sewer infrastructure. The City’s single family residential bill rate for sanitary sewer is based upon the non-summer (1st quarter) water usage quantity. The current base rate is $78.45 for the first 20 units of water consumed per quarter (1 unit equals 748 gallons). For every unit used above the 20 unit allotment, single family residences are billed an additional $2.80. The commercial rate ranges from $125.40 to $1,403.15 per quarter based on the size of the water meter and are summarized in the tables in this memo. The current tiered billing schedule for commercial properties could be revised to match the format used on residential properties which appears to be more common than a tiered schedule. Staff is also aware of a number of communities that have a lower minimum billing rate and senior discounts; most complaints from sewer rate increases come from these two types of accounts. Staff would need to analyze the current account revenues before new billing format rates can be compared. This task is projected to be part of a future review of rates and may require a consultant. MCES invoices the City based on flow volumes contributed to the metro-wide wastewater treatment system. MCES has given indications that rate increases of 3%-5% per year should be page 101 anticipated for several years to come. The proposed MCES rate in Mendota Heights for 2020 is calculated to increase 1.77%, which results in a total charge of $1,387,527. Flow quantities from the City to MCES vary greatly from year to year. In the past, Mendota Heights has had a high rate of inflow and infiltration into our sanitary sewer system. This is storm water runoff that finds its way into the sanitary sewer system through cracks in the sewer pipe, unsealed manholes, roots penetrating the sewer pipe, and basement sump pumps connected to the sanitary sewer, just to name a few. Although inflow and infiltration can never be eliminated, ongoing annual projects to televise, clean, and line the sanitary sewer pipe greatly reduce the amount of inflow and infiltration into the system, thus helping to create a more predictable sanitary sewer flow rate from year to year. Because the City of Mendota Heights does not have a sewage treatment plant, MCES controls approximately 64% of the City’s sewer utility expenses through their sewer rate charge. As a result of the MCES fees increasing, an increase to the City’s sanitary sewer billing rate is necessary. The MCES rate for 2020 represents a 1.77% increase to the MCES charge over 2019. DISCUSSION City staff is proposing an increase to the City sanitary sewer utility rate. Staff recommends that the new base rate be raised by 5% over the MCES increase, which will mean a total of 6.76%, to $83.75 per quarter. The second tier usage rate, currently set at $2.45 is proposed to increase by 24.3% rate to $3.50. The larger increase for the second tier is to match the actual costs of the sewer expenses; MCES fee or $2.68/1000 gallons and City costs of $1.97/1000 gallons. The proposed rate for commercial usage is proposed to remain flat. Commercial Sewer Rate per Quarter Minimum Per Meter Size Proposed Rate ¾ Inch $125.40 1 Inch $144.41 1 ¼ Inch $194.85 1 ½ Inch $350.85 2 Inch $701.75 3 Inch $1,403.15 Commercial Well Sewer Rate per Quarter Minimum Per Meter Size Proposed Rate ¾ Inch $258.98 1 Inch $351.18 1 ¼ Inch $441.47 1 ½ Inch $545.55 2 Inch $1,110.90 3 Inch $2,221.80 The City of Mendota Heights has been monitoring the financial health of the sanitary sewer utility account since the last rate increase. By increasing the billed rate 6.77%, and by adjusting the schedule of capital improvement projects within the forecast, the Sanitary Sewer Utility Fund remains viable and out of deficit. A five-year outlook for the Sanitary Sewer Utility Fund is provided below. The starting balance in 2019 was $426,000): page 102 Revenue 2018 2019 2020 2021 2022 2023 Cash Balance $87,000 $426,000 $419,000 $259,000 $111,000 $121,000 Estimated Annual Sanitary Sewer Revenue $2,084,000 $2,084,000 $2,225,000 $2,225,000 $2,225,000 $2,225,000 Total Revenue $2,171,000 $2,510,000 $2,644,000 $2,484,000 $2,336,000 $2,346,000 Expenditures 2018 2019 2020 2021 2022 2023 Estimated MCES Sewer Fees $1,343,000 $1,370,000 $1,397,000 $1,453,000 $1,517,000 $1,578,000 Estimated City Operational Costs $430,000 $409,000 $411,000 $658,000 $436,000 $449,000 Annual Sanitary Sewer Cleaning and Televising $62,000 $62,000 $62,000 $62,000 $62,000 $62,000 Annual Sanitary Sewer Lining $0 $250,000 $200,000 $200,000 $200,000 $200,000 Lift Station Rehabilitation $0 $0 $0 $0 $0 $0 816 Ridge Place Sanitary Sewer Rehabilitation $0 $0 $315,000 $0 $0 $0 Total Expenditures $1,835,000 $2,091,000 $2,385,000 $2,373,000 $2,215,000 $2,289,000 Total Cash Balance $336,000 $419,000 $259,000 $111,000 $121,000 $57,000 2019 Revenue includes an estimated $90,000 MCES grant 2019 Operation costs include $49,000 towards Public Works Improvements (Fence, Salt Bin) 2020 Operation costs includes $235,000 for replacement of Water Jet Truck (1991) BUDGET IMPACT Without additional revenues, the Sanitary Sewer Utility fund will eventually deplete its reserve balances and the City will lose capability and flexibility in maintaining and improving its sanitary sewer infrastructure. Staff is proposing the sanitary sewer utility rate increase be implemented for the 1st quarter (January - March) billing cycle of 2020. Approximately 600 property owners are on an automatic withdrawal program for their sanitary sewer bill payment. These customers must be notified in writing, and the City will incur a one- time $0.50 per account charge for changing the automatic withdrawal amount. RECOMMENDATION Staff is recommending approval of the proposed Sanitary Sewer Utility fund rate increase as outlined above. The proposed increase is required to maintain the revenue stream necessary to fund a self-sustaining utility and to defray sanitary sewer related costs. ACTION REQUIRED If Council desires to implement the Staff recommendation, pass a motion adopting Resolution 2019-91, “A RESOLUTION AUTHORIZING SANITARY SEWER UTILITY RATES BEGINNING IN THE FIRST QUARTER OF 2020,” by a simple majority vote. page 103 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019 - 91 RESOLUTION AUTHORIZING SANITARY SEWER USAGE RATES BEGINNING IN THE FIRST QUARTER OF 2020 WHEREAS, the City of Mendota Heights aspires to have a self-funded sanitary sewer utility for the residents and businesses of the City; and WHEREAS, annual expenditures (including fees paid to the Metropolitan Council Environmental Services (MCES)) have increased over the past several years; and WHEREAS, Sanitary Sewer Utility expenditures (including rates charged by MCES) are anticipated to continue rising over the foreseeable future; and WHEREAS, the City of Mendota Heights has identified the need to raise sanitary sewer rates and for 2020. NOW THEREFORE IT IS HERBY RESOLVED by the City Council of the City of Mendota Heights that the rate of charge for the use of the Sanitary Sewer Utility shall be set as follows effective the 1st quarter of 2020 (to be billed in April 2020): Residential Base Rate $83.75 Residential Additional Rate per 748 gallons $ 3.50 Commercial Sewer Rate (per Quarter) Minimum Per Meter Size Proposed Rate ¾ Inch $125.40 1 Inch $144.41 1 ¼ Inch $194.85 1 ½ Inch $350.85 2 Inch $701.75 3 Inch $1,403.45 Commercial Well Sewer Rate (per Quarter) Minimum Per Meter Size Proposed Rate ¾ Inch $258.98 1 Inch $351.18 1 ¼ Inch $441.47 1 ½ Inch $545.55 2 Inch $1,110.90 3 Inch $2,221.80 page 104 Adopted by the City Council of the City of Mendota Heights this nineteenth day of November 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS By:______________________________________ Neil Garlock, Mayor ATTEST: _______________________________ Lorri Smith, City Clerk page 105