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2020-04-21 Council Packet CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA April 21, 2020 — 5:00 pm Tj Mendota Heights City Hall MN Stat. 13D.021 - Meeting by telephone or other electronic means: Conditions- MN stat. 13D.021 provides that a meeting of a public body may be conducted via telephone or other electronic means if meeting in a public location is not practical or prudent because of a health pandemic or declared emergency. At its meeting on March 17, 2020, the Mendota Heights City Council declared a local emergency due to the COVID- 19 pandemic. As a part of this action, until further notice all City Council and committee meetings will be held by telephone, through other electronic means, or with social distancing measures in place. All public meetings will continue to follow the requirements of the Minnesota Open Meeting Law. In compliance with the Governor's Executive Order No. 20-20 and stay-at-home guidelines, the Council Chambers will not be open to the public during the April 21, 2020 meeting. Interested individuals may access the meeting in real time or later by viewing the meeting replay from Town Square Television (www.townsguare.ty\webstreaming) or the City's website, or by using the dial-in information below. If the dial-in option is used, the line will be muted, so no outside comments or noise will be recorded. Note that long-distance telephone charges may apply. Because of technological limitations,the number of participants using dial-in cannot exceed 100. As a result,web stream participation is strongly encouraged. Dial in information 1-312-535-8110 Access Code: 280 367 454# 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Presentations a. Update on Fire Station Expansion/Remodel by CPMI 6. Consent Agenda a. Approve April 7, 2020 City Council Minutes b. Approve 2020 Workers Compensation Insurance Renewal c. Approve Purchase Order for Great River Greening 2020 Work Plan d. Approve Ordinance 556 Amending Floodway Code and Land Disturbance Guidance Document e. Resolution 2020-29 Approve Limited Use Permit for Dodd Road Trail f. Approval of COVID-19 Families First Coronavirus Response Act Leave Policy g. Approve Second Amendment to the Real Estate Development Agreement with MH Development, LLC h. Approval of March 2020 Treasurer's Report i. Approval of the Claims List 7. Citizen Comment Period (for items not on the agenda) *See guidelines below 8. Public Hearings - none 9. New and Unfinished Business a. Resolution 2020-30 Accept Bids, Award Contract for the Marie Avenue Street Improvements b. Continue Discussion of the 2020 Fireworks Display (Tabled from April 7, 2020 meeting) c. Announcement of City Event and Recreation Scheduling 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 comment. Comments must be placed in writing, or email, and addressed to the City Clerk at lorris@mendota-heights.com, or sent in writing to City Hall, 1101 Victoria Curve, Mendota Heights, MN 55118. All comments must be received by 4 PM CDT on the day of the meeting. Comments in a timely manner will be read into the record by staff, at the appropriate point in the meeting, and shall be limited to 5 spoken minutes per person and topic. Presentations which require longer than five minutes will need to be scheduled with the City Clerk, and will 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 make any decisions regarding comments made under the Citizen Comments section 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 receiving the information only. If appropriate, the Mayor may assign staff for follow up to the issues raised." DATE: April 21, 2020 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Station Update Comment: At the April 21st meeting, the written monthly status report from Construction Manager Paul Oberhaus of CPMI will be read by City Administrator Mark McNeill. Mark McNeill City Administrator page 3 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 7, 2020 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 present via telephone conferencing. PLEDGE OF ALLEGIANCE Those who were available to do so recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. City Administrator Mark McNeill requested to add an item to the agenda--8g. Establish Work Session Meeting date. Councilor Petschel moved adoption of the agenda as amended. Councilor Miller seconded the motion. A roll call vote was performed by the City Clerk: Councilor Duggan aye Councilor Miller aye Councilor Paper aye Councilor Petschel aye Mayor Garlock aye 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 item c. Resolution 2020- 26 for a separate discussion. a. Approval of March 17, 2020 City Council Minutes b. Acknowledge February 27, 2020 Planning Commission Meeting Minutes c. Approve Resolution 2020-26 Accept an Anonymous Donation to the Fire Department d. Approve First Amendment to Grand Real Estate (MH Development LLC) Purchase Agreement page 4 e. Approve Amended Conservation Easement for Augusta Shores f. Approve Accounting Change for the Par 3 Gold Course to be a Special Revenue Fund g. Acknowledge February 2020 Fire Synopsis h. Approve of Claims List Councilor Duggan seconded the motion. A roll call vote was performed by the City Clerk: Councilor Miller aye Councilor Paper aye Councilor Petschel aye Mayor Garlock aye Councilor Duggan aye PULLED CONSENT AGENDA ITEMS C) APPROVE RESOLUTION #2020-26 ACCEPT AN ANONYMOUS DONATION TO THE FIRE DEPARTMENT City Administrator Mark McNeill reported that a generous donation has been received for general fire department activities. He noted that the donor wishes to remain anonymous at this time. Councilor Duggan acknowledged the generosity of the donor. Councilor Duggan moved to adopt RESOLUTION 2020-26 ACCEPT AN ANONYMOUS DONATION TO THE FIRE DEPARTMENT. Councilor Petschel seconded the motion. A roll call vote was performed by the City Clerk: Councilor Paper aye Councilor Petschel aye Mayor Garlock aye Councilor Duggan aye Councilor Miller aye PUBLIC HEARING RESOLUTION 2020-27 VACATING DRAINAGE AND UTILITY EASEMENTS FOR VILLAGE LOTS Public Works Director Ryan Ruzek explained that the Council was being asked to consider Resolution 2020-27, an easement vacation located at The Village lots. Councilor Petschel moved to open the public hearing. page 5 Mayor Garlock seconded the motion. A roll call vote was performed by the City Clerk: Councilor Petschel aye Mayor Garlock aye Councilor Duggan aye Councilor Miller aye Councilor Paper aye City Administrator Mark McNeill noted that no public comments had been received. Councilor Petschel moved to close the public hearing. Mayor Garlock seconded the motion. A roll call vote was performed by the City Clerk: Mayor Garlock aye Councilor Duggan aye Councilor Miller aye Councilor Paper aye Councilor Petschel aye Councilor Paper moved to adopt RESOLUTION 2020-27 AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS. Councilor Duggan seconded the motion. A roll call vote was performed by the City Clerk: Councilor Duggan aye Councilor Miller aye Councilor Paper aye Councilor Petschel aye Mayor Garlock aye PUBLIC COMMENTS City Administrator Mark McNeill stated that public input is now provided through email and anyone wishing to make comments needed to submit those comments to the City Clerk by 6:00 p.m. today. He read aloud a comment that was received relating to a request to name the off-leash dog area in memory of Greg Nelson or to recognize Mr. Nelson with a plaque or bench. McNeill stated that he responded to the resident that the parks in Mendota Heights are named for the neighborhood in which they are located, and provided the resident with information on the bench donation sponsorship program. page 6 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2020-24 APPROVING A CONDITIONAL USE PERMIT FOR A NEW FREESTANDING ELECTRONIC MESSAGE SIGN LOCATED AT THE FIRE STATION PROPERTY, 2121 DODD ROAD Community Development Director Tim Benetti explained that the Council was being asked to approve Resolution 2020-24, approving a Conditional Use Permit (CUP) to the City of Mendota Heights (on behalf of the Fire Department), in order to install an electronic display sign at the fire station, located at 2121 Dodd Road. Councilor Petschel moved to approve RESOLUTION 2020-24 APPROVING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 2121 DODD ROAD. Mayor Garlock seconded the motion. A roll call vote was performed by the City Clerk: Councilor Miller aye Councilor Paper aye Councilor Petschel aye Mayor Garlock aye Councilor Duggan aye B) RESOLUTION 2020-25 APPROVING A VARIANCE THE BP-AMOCO STATION, 2030 DODD ROAD Community Development Director Tim Benetti stated that the Council was being asked to consider adopting a resolution approving a variance to Mendota Heights BP-Amoco fuel and auto service station, located at 2030 Dodd Road. The variance would allow the owners to expand and increase a legal, non- conforming use in the B-2 Neighborhood Business district. Community Development Director Tim Benetti referenced a comment received that if the variance is approved, the applicant should be required to improve the current aesthetics of the site. He stated that the applicant’s narrative states that they plan to improve the existing building as a part of this project. City Administrator Mark McNeill read aloud a comment received from the public. The comment was from Timothy Minea, 772 Ridge Place, who encouraged the Council to impose on the owner additional requirements to improve the looks of the building. Sean Hoffman, applicant, stated that the whole intent is to spruce up the building; he then provided details of the improvements that will be included. He noted that the scope of the project would be dependent on the bids received. Councilor Petschel stated in the past there has been an attempt to remove scrub trees, and to plant native grasses around the BP Station. She asked if shrubbery or additional landscaping could be added along the north side to improve the looks of the site. Mr. Hoffman confirmed that could be included. page 7 Councilor Duggan moved to adopt RESOLUTION 2020-25 APPROVING A VARIANCE FOR PROPERTY LOCATED AT 2030 DODD ROAD. Councilor Miller seconded the motion. A roll call vote was performed by the City Clerk: Councilor Paper aye Councilor Petschel aye Mayor Garlock aye Councilor Duggan aye Councilor Miller aye C) ORDINANCE 554 ESTABLISHING NO PARKING AREA ON MARIE AVENUE Public Works Director Ryan Ruzek stated that the Council is being asked to consider Ordinance 554 amending City Code; Title 6, Chapter 3, Section 3 prohibiting parking on portions of Marie Avenue. Councilor Petschel moved to adopt ORDINANCE 554 AMENDING TITLE 6, CHAPTER 3, SECTION 3, OF THE CITY CODE. Councilor Duggan seconded the motion. A roll call vote was performed by the City Clerk: Councilor Petschel aye Mayor Garlock aye Councilor Duggan aye Councilor Miller aye Councilor Paper aye D) DISCUSSION ON 4TH OF JULY FIREWORKS DISPLAY City Administrator Mark McNeill stated that City staff has been directed review the proposed expenditures for the year to determine what is critical to provide, but also to determine what migh be non-essential. He explained that the City sponsored 4th of July fireworks display has a financial impact, and social distancing requirement would also be a concern. He asked whether the Council should proceed with the fireworks display. He also stated that the vendor is requesting a 50% down payment of the $14,000 bill. Mayor Garlock stated that he would support approving the down payment, noting that the event could be held this year, or the funds could be used for the following year’s fireworks. Councilor Duggan stated that the City does not know what the future will bring and additional restrictions that may be imposed in the coming months. He stated that he did not see how the event could work under the current social distancing requirement. He commented that the City will have more important budget page 8 expenditures that would be prioritized over fireworks. He suggested holding off on making the down payment. Councilor Miller stated that it is unknown what the situation will be in July and asked if there would be harm in waiting to make the decision, noting that perhaps the City could use another vendor if needed. He suggested the decision be made a month from now. Councilor Petschel stated that the issue is that the business needs to procure the fireworks now. She stated that she could support either option. City Administrator Mark McNeill stated that the vendor needs to know at this time in order to ensure fireworks could be procured. Councilor Miller stated that perhaps there would be another vendor the City could choose at a later date in order to postpone making the decision at this time. Councilor Duggan stated that in light of the current closures related to parks, and the fact that a plan is not in place to control the crowd size with social distancing, he would not want to commit to a fireworks display until direction is given from the State of Minnesota. Councilor Paper stated that his concern would be if the City pays a down payment, the business could go out of business prior to next year’s event. He stated that if the State loosens the regulations, the City could always attempt to find a fireworks vendor at that time. He stated that he does not want to risk the $7,000 down payment and therefore would not support fireworks at this time. Councilor Petschel stated that she is averse to being put into a financial position where she feels trapped. She stated that she has always supported the fireworks, and stated that she does not like being given one day to decide whether to put down $7,000 when the City is not sure what will be allowed. Councilor Paper stated that he would be willing to revisit the discussion in two weeks. Mayor Garlock moved to table the decision on fireworks. Councilor Duggan seconded the motion. A roll call vote was performed by the City Clerk: Mayor Garlock aye Councilor Duggan aye Councilor Miller aye Councilor Paper aye Councilor Petschel aye page 9 E) DISCUSSION OF FEDERAL COVID 19 EMPLOYEE ISSUES Assistant City Administrator Cheryl Jacobson provided an update on newly enacted Federal mandates relating to employee/employer labor and pay requirements. City Administrator Mark McNeill stated that staff also requested the Council consent to having the Mayor sign letters of concern, to be addressed to the Governor and the State Representatives related to recently approved workers compensation legislation. This relates to the presumed assumption of COVID-19 for first responders. He said that while that is beneficial to the public safety people who are providing the important services, the state did not provide a source of funding, which means that the financial burden likely would fall on the cities and counties as employers. Councilor Petschel stated that this appears to be an unfunded mandate from the Federal government with no tax credits. She stated that in the past, increased workers compensation claims has impacted the cost of the City’s coverage. She stated that in the absence of funding, she would like to see reassurance from the League of Minnesota Cities that the insurance premium would not increase. City Administrator Mark McNeill stated that the League of Minnesota Cities is concerned that insurance premiums would increase unless there is identified funding. Councilor Duggan stated that he would support the letters being sent. City Administrator Mark McNeill confirmed that staff anticipated that decision from the Council and had therefore drafted the letters that have been signed by Mayor Garlock. The letters will be mailed tomorrow. F) DISCUSSION OF CHANGE OF CITY COUNCIL MEETING TIME City Administrator Mark McNeill stated that the Council is being asked to consider changing the starting time of its regular City Council Meetings. Mayor Garlock asked if the meeting could start at 5 p.m. Councilor Duggan stated that there was discussion related to this about nine months ago but there was concern with members of the public being able to attend after work. He noted that he would support a temporary change, noting that there is an Acting Mayor that could step in if necessary. Councilor Paper stated that he would be fine with any start time. He stated that the previous discussion was related to allowing the public to attend but in the current situation people are attending remotely and providing input in a different manner. He stated that he would support making the change to allow Mayor Garlock to participate. Councilor Petschel stated that she would support the flexibility of moving the meeting to 5 p.m. temporarily as the current situation is different and all public comments are being made by email. Councilor Miller stated that he supports the change in start time to allow Mayor Garlock to participate. He stated that these are uncertain times and therefore some things will need to change. He stated that he would support the 5 p.m. start time on a temporary basis. page 10 Mayor Garlock moved to adopt RESOLUTION 2020-28 CHANGING THE CITY COUNCIL MEETING TIME TO 5:00 P.M. Councilor Petschel seconded the motion. A roll call vote was performed by the City Clerk: Councilor Duggan aye Councilor Miller aye Councilor Paper aye Councilor Petschel aye Mayor Garlock aye G) ESTABLISH A WORKSESSION TO DISCUSS COVID-19 IMPACTS City Administrator Mark McNeill requested the Council schedule a work session to discuss the COVID- 19 impacts on the City. Councilor Petschel stated that it would help if the bids for Marie Avenue were known as that is a big- ticket item for the City this year and will help her make other basic decisions. Administrator McNeill stated that the bids will be opened on April 15th. He suggested Thursday, April 16th for the work session. It was the consensus of the Council to schedule a work session for Thursday, April 16th at 2:00 p.m. COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill provided an update on City operations and public safety/public works activity following the new regulations under COVID-19. He thanked the community for its patience as City staff attempts to get things done the best they can during this time. He asked people to stay home whenever they can. COUNCIL COMMENTS Councilor Petschel stated that she was delighted to see the emergency response training partnership. She commended the Augusta Shores Homeowners Association for improving the buffer between their property and the lake. Councilor Miller wished everyone health and wellness. He stated that everyone in his neighborhood seems to be following the social distancing guidelines and are staying home. He stated that he looks forward to seeing everyone in the future. page 11 Councilor Paper wished everyone a happy Easter and Passover and thanked the Police Chief for keeping everyone well informed and increasing presence in the neighborhoods. Councilor Duggan wished a happy Passover and Easter to everyone. He also wished happy teaching days to the parents experiencing the things teachers normally handle. Mayor Garlock thanked the government for the new exercise program, noting that he has seen more people walking in the neighborhood. He encouraged everyone to stay healthy. ADJOURN Councilor Petschel moved to adjourn. Councilor Duggan seconded the motion. A roll call vote was performed by the City Clerk: Councilor Paper aye Councilor Petschel aye Mayor Garlock aye Councilor Duggan aye Councilor Miller aye Mayor Garlock adjourned the meeting at 8:16 p.m. ____________________________________ Neil Garlock Mayor ATTEST: _______________________________ Lorri Smith City Clerk page 12 DATE: April 21, 2020 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: 2020 Workers compensation insurance INTRODUCTION The Council is asked to authorize a renewal of Workers Comp Insurance for a one year period to begin on May 1, 2020. BACKGROUND On May 1, 2020 our workers compensation insurance renews. The base premium for this year is $392,573. This represents a 7.5% increase over last year’s premium of $365,202. This increase is based on the high claim history we have been experiencing. Below are the amounts and number of claims that we have had for the last 5 renewal periods. 15/16 $106,831.75 23 claims (includes reserves of $20,827.79, not actually paid) 16/17 $594,955.38 17 claims ($154,402.55 in reserve) 17/18 $1,491,933.68 22 claims ($965,914.84 in reserve) 18/19 $358,979.57 11 claims ($274,250.88 in reserve) 19/20 $25,357.68 11 claims ($18,064.56 in reserve) The City’s workers compensation policy includes a volunteer policy. This provides limited “no- fault” benefits for volunteers injured while working for the city (the firefighters and police reserves are covered under the city’s worker’s comp, and not this volunteer plan). Volunteers receive limited death, disability and impairment benefits. This policy would be covering people volunteering at events such as parks celebration, fishing derby, etc. The City has the option to pay a fixed premium or deductible premium option. The City has chosen to go with the regular premium option and pay a fixed premium amount in the past. We have the option of choosing a deductible per claim. This option reduces the amount of premium paid up front, but has the potential to have a greater cost, depending on the number of claims that the City experiences in the year. page 13 BUDGET IMPACT There is $298,535 in the 2020 budget for workers compensation costs. Therefore, the amount budgeted is short of the now-known base premium amount by approximately $89,500. There is an insurance reserve amount ($56,813) designated in fund balance. I recommend that we reduce the insurance reserve amount to cover a portion of premium not budgeted with the remainder ($32,687) covered by our contingency levy. The 2021 budget will need to have the workers compensation insurance amounts increased to cover the increased premium. RECOMMENDATION Given the City’s recent claim history, I recommend renewing with the regular premium option, and further recommend that the Council direct staff to reduce the insurance reserve amount by $56,813 to cover a portion of the amount of the premium not budgeted. The remaining unbudgeted amount will be covered by the contingency amount levied for 2020. RECOMMENDATION Staff recommends that the council pass a motion accepting the regular premium option for the workers compensation renewal with a base premium of $392,573 effective May1, 2020 – May 1, 2021. page 14 REQUEST FOR COUNCIL ACTION DATE: April 21, 2020 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director Krista Spreiter, Natural Resources Technician SUBJECT: Authorize Purchase Orders for the Control of Invasive Plant Species and Restoration within Valley Park, Rogers Lake Park, and Copperfield Ponds Park COMMENT: INTRODUCTION The Council is asked to authorize a purchase order to Great River Greening for their 2020 work plan for the management of invasive species and native restoration within Valley Park, Rogers Lake Park, and Copperfield Ponds Park. BACKGROUND Mendota Heights has been working with Great River Greening on invasive species management and native species restoration in Valley Park and the Oȟéyawahe/Pilot Knob Historic Site for several years. Great River Greening has also been working on invasive species management around Rogers Lake starting in 2017, and Copperfield Ponds Park in 2019. DISCUSSION Valley Park Great River Greening began invasive species removal in 2009 in Valley Park, with a focus on garlic mustard, as well as common and glossy buckthorn. Mature plants have been cut and cleared from infested park areas and follow-up treatment is required to keep the species under control. Spraying of newly emerging one or two year old plants has proven to be very effective. The treated areas are then also revegetated using native plant species. In 2020 the proposed work in Valley Park will continue to focus on removal of woody invasive species, as well as follow-up treatments, and revegetation using native seeding and plantings. The City’s contribution towards this work is $8,000. Rogers Lake This is the fourth year that Rogers Lake Park has been included in the work plan with Great River Greening. Staff received many compliments for the work that has been done since 2017. The 2020 work plan in Rogers Lake will continue to focus and follow-up on the previous control of buckthorn and garlic mustard within the park. The proposed work plan also includes seeding and restoring these areas with native woodland plant species, as well as clearing of additional page 15 woody invasive species as budget allows. Mendota Heights Parks Staff will continue to contribute to the efforts by loading and hauling cut buckthorn. The City contribution for this work is $13,000. Copperfield Ponds Park The Great River Greening proposed work plan for 2020 also includes the continued management of Copperfield Ponds Park. Great River Greening cleared several areas of invasive woody species in 2019, opening up views to the Copperfield Ponds from City trails. The 2020 work plan includes treatment of cleared areas of invasive tree and shrub species, replanting with native grass, sedge, and woody species, as well as removal of additional areas of woody invasive species as budget allows. Mendota Heights Parks Staff will load and haul away cut material. The City co ntribution for the work proposed at Copperfield Ponds Park is $9,000. BUDGET IMPACT City Council has annually included funding in City budgets for ‘Control of Invasive Plants’ in City Parks . The available amount in the 2020 City Budget in the Parks Maintenance Budget for this effort is $30,000 for Invasive Species work. Great River Greening’s is requesting a City contribution of $30,000 towards Invasive Species Control and Restoration of the City Parks discussed above. Great River Greening has secured an Outdoor Heritage Fund grant through the MN Department of Natural Resources to aid in funding of the work done at Valley Park, in the amount of $57,500. These funds must be used by June 30, 2024. The City has also been awarded a grant from the Minnesota Department of Agriculture for the control of invasive species, in the amount of $10,000. A portion of these grant funds may be used towards the cooperative 2020 work plan with Great River Greening. RECOMMENDATION Staff recommends that City Council approve the purchase order for invasive species control and site restoration to Great River Greening for their 2020 work plan for the management of invasive species and native restoration within Valley Park, Rogers Lake Park, and Copperfield Ponds Park. ACTION REQUIRED Approve a motion authorizing the Public Works Director to issue a ‘not-to-exceed’ Purchase Order in the amount of $30,000 to Great River Greening. This action requires a simple majority vote. page 16 Mendota Heights Work Plan 2020 Valley Park GRG has received $57,500 from the state Outdoor Heritage Fund for 15 acres of oak woodland/forest restoration at Valley Park. These funds end June 30, 2024. Requested match from City of Mendota Heights: In 2020 through 2023, $3,000 for invasive removal each year. This will cover initial woody invasive removal and treatment, 2 follow-up treatments, and 2.5 years of garlic mustard control across the 15 acres. 2020 15 acre woody invasives removal and control $3,000 invasives control match Additionally, in 2020, GRG proposes follow-up treatment of woody invasive resprouts and native seeding and plug planting in the north oak knob, 1-2 acres. 2020 North oak knob restoration: $2,000 invasives removal $2,000 revegetation Valley Park Total: Invasives control: $5,000 Revegetation: $2,000 Copperfield Ponds GRG proposes follow-up treatment of woody invasives in all 2019 cleared areas followed by seeding of native grass and sedge mix in these areas. Additional woody invasive removal and control, up to 1 acre. Copperfield Ponds Total: Invasives control: $7,000 Revegetation: $5,000 Rogers Lake GRG proposes follow-up treatment of woody invasives and garlic mustard in all cleared areas to date. Additionally, we propose 5 additional acres of woody invasive removal and treatment. Native grass and sedge seeding, with potential for plug planting, will occur in existing pre-2020 cleared areas. Rogers Lake Total: Invasives control: $15,000 Revegetation: $3,000 page 17 EXHIBIT A: GRANT Specific Information or Agreement State of Minnesota – 2019 Outdoor Heritage Fund Metro Big Rivers Habitat – Phase 9 Grantee Landowner Great River Greening Landowner Name 251 Starkey St, Ste 2200 Address Saint Paul, MN 55107 Landowner Name (DNR, City, County, Private landowner) , State, Zip (651) 665-9500 Phone number Great River Greening has received as an appropriation under Minn. Laws 2019, Regular Session, Chapter 2, Article 1, Section 2, Subd 5(b) Metro Big Rivers Phase 9, $1,061,000 is from the fund to the commissioner of natural resources for an agreement to acquire land in fee and permanent conservation easements and to restore and enhance natural systems associated with the Mississippi, Minnesota and St. Croix Rivers and their tributaries in the metropolitan area and as provided in Minnesota Statutes, section 84.026. As a recipient of this funding, the Landowner is subject to the terms below: COMPLIANCE The Landowner acknowledges that these funds are proceeds from the State of Minnesota Outdoor Heritage Fund which is subject to certain legal restrictions and requirements, including Minnesota Statutes Chapter 116P. The Landowner is responsible for compliance with this and all other relevant state and federal laws and regulations in the fulfillment of the Project. LIABILITY The Landowner must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant agreement. ACCESS AND MONITORING The Landowner agrees to allow the Recipient and the State access at any time to conduct periodic site visits and inspections to ensure work progress in accordance with this grant agreement, including a final inspection upon program completion. At least one monitoring visit per grant period on all state grants of over $50,000 will be conducted and at least annual monitoring visits on grants of over $250,000. Following closure of the program, the State’s authorized representatives shall be allowed to conduct post-completion inspections of the site to ensure that the site is being properly operated and maintained and that no conversion of use has occurred. ACKNOWLEDGMENTS AND ENDORSMENT Acknowledgment. The Landowner must acknowledge financial support from the Outdoor Heritage Fund in program publications, signage and other public communication and outreach related to work completed using the appropriation. Acknowledgment may occur, as appropriate, through use of the fund logo or inclusion of language attributing support from the fund. Endorsement. The Landowner must not claim that the State endorses its products or services. ECOLOGICAL AND RESTORATION PLAN For all restorations, the Grantee in coordination with the Landowner must prepare and retain an ecological restoration and management plan that, to the degree practicable, is consistent with current conservation science and ecological goals for the restoration site. Consideration should be given to soil, geology, topography, and other relevant factors that would provide the best chance for long-term success and durability of the restoration. The plan must include the proposed timetable for implementing the restoration, including, but not limited to, site preparation, establishment of diverse plant species, maintenance, page 18 and additional enhancement to establish the restoration; identify long-term maintenance and management needs of the restoration and how the maintenance, management, and enhancement will be financed; and use current conservation science to achieve the best restoration. LONG TERM MANAGEMENT As a partner with Great River Greening, the Landowner commits to maintaining the investment put forward over time. page 19 REQUEST FOR COUNCIL ACTION DATE: April 21, 2020 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director Krista Spreiter, Natural Resources Technician SUBJECT: Ordinance 556 Amending Title 12, Chapter 7, sections 4 and 5: Floodway Districts and the Land Disturbance Guidance Document COMMENT: INTRODUCTION The Council is asked to approve Ordinance 556 amending City Code; Title 12, Chapter 7, Sections 4 and 5, updating the Floodway Districts Ordinance, as well as updates to the Land Disturbance Guidance Document. BACKGROUND The Lower Minnesota River Watershed District, whose boundaries partially lie within the City of Mendota Heights, adopted its State-approved Watershed Management Plan on October 24, 2018, as required in Minnesota State Statutes. As a part of this process, municipalities have 18 months from the approval and adoption of the Plan to bring their regulatory controls into conformance with this Plan. DISCUSSION As part of the Watershed District’s approved plan, the Watershed District has adopted rules that were developed to comply with State Statute MS 103D and provide a legal basis for the District to regulate projects not regulated by municipalities (for example, unincorporated areas and Minnesota Department of Transportation Right-of-Ways). It is the LMRWD’s wish to minimize overlap with municipal partners for applicants throughout the development process through compliance with its plan and adopted rules. The majority of the City’s regulatory mechanisms are already in conformance or more restrictive than the District’s recently adopted Rules. However, there are a few sections of City code and areas within the City’s regulatory controls that need to be updated in order to comply with the District’s recently adopted rules. These are: Title 12-7 Floodplain Districts, and the City’s Land Disturbance Guidance Document. Detailed changes and additions to these regulatory mechanisms are attached for your review. The underlined language in the proposed Ordinance is what is to be added; struck-out language is to be deleted. In the Land Disturbance Guidance Document, the language to be added is in yellow highlight. page 20 BUDGET IMPACT The proposed changes will not affect any budget activities. RECOMMENDATION Staff recommends that City Council adopt Ordinance 556, amending the Floodway Districts ordinance, as well as updating the City’s Land Disturbance Guidance Document. ACTION REQUIRED Staff recommends that the City Council pass a motion adopting Ordianance 556, “AN ORDINANCE AMENDING TIRLE 12, CHAPTER 7, SECTION 4 AND SECTION 5 OF THE CITY CODE UPDATING FLOODWAY ORDINANCE, AND APPROVE THE UPDATES TO THE LAND DISTURBANCE GUIDANCE DOCUMENT”. This action requires a simple majority vote. page 21 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 556 AN ORDINANCE AMENDING TITLE 12, CHAPTER 7, SECTION 4 AND 5 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING FLOODWAY DISTRICTS The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Title 12-7 is hereby amended as follows: 12-7-4: FLOODWAY DISTRICT (FW): A. Permitted Uses, Standards For Floodway and Flood Fringe Permitted Uses: 1. Permitted uses shall be any use of land which does not involve a structure, a fence, an addition to the outside dimensions to an existing structure (including a fence) or an obstruction to flood flows such as fill, excavation, or storage of materials or equipment. 2. The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment. B. Conditional Uses: 1. Conditional uses shall be permissible in the underlying zoning district and shall have low flood damage potential. 2. Structures accessory to the uses listed in subsections A and B3 through B8 of this section. 3. Extraction and storage of sand, gravel, and other materials. 4. Marinas, boat rentals, docks, piers, wharves, and water control structures. 5. Railroads, streets, bridges, utility transmission lines, and pipelines. 6. Storage yards for equipment, machinery, or materials. 7. Placement of fill or construction of fences. 8. Structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures. C. Standards for Floodway and Flood Fringe Conditional Uses: 1. All Uses: No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. page 22 2. Procedures And Standards: All floodway and Flood Fringe conditional uses shall be subject to the procedures and standards contained in subsection 12-7-10D of this chapter. 3. Fill: a. Fill, dredge spoil and all other similar materials deposited or stored in the floodplain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. and Flood Fringe shall not cause a net decrease in storage capacity without providing compensatory storage. This shall be determined by a professional engineer, or satisfied through a no-rise certification. If compensatory storage is needed, creation of determined adequate storage shall be created before the proposed fill is placed, unless it is demonstrated that doing so is impractical and that placement of fill and creation of compensatory storage can be achieved concurrently. b. Fill, dredge spoil and all other similar materials deposited or stored in the floodplain and Flood Fringe shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. c. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway and Flood Fringe unless a long term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. d. As an alternative and consistent with subsection C3b of this section, dredge spoil disposal and sand and gravel operations may allow temporary, on site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood but only after the governing body has received an appropriate plan which assures the removal of the materials from the floodway and Flood Fringe based upon the flood warning time available. The conditional use permit must be title registered with the property in the office of the county recorder. 4. Accessory Structures: a. Accessory structures shall not be designed for human habitation. b. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters: (1) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and (2) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. c. Accessory structures shall be elevated on fill or structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing classifications in the state building code. As an alternative, an accessory structure may be floodproofed to the FP-3 or FP-4 floodproofing classification in the state building code provided the accessory structure constitutes a minimal investment, does not exceed five hundred (500) square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All floodproofed accessory structures must meet the following additional standards: (1) The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; (2) Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed; and page 23 (3) To allow for the equalization of hydrostatic pressure, there must be a minimum of two (2) "automatic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two (2) sides of the structure and the bottom of all openings must be no higher than one foot (1') above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 12-7-5: FLOOD FRINGE DISTRICT (FF): A. Permitted Uses: Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). B. Standards For Flood Fringe Permitted Uses: 1. All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot (1') two feet (2’) below the regulatory flood protection elevation, unless protection via floodproofing is provided, and the fill shall extend at such elevation at least fifteen feet (15') beyond the outside limits of the structure erected thereon. 2. As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed five hundred (500) square feet at its largest projection may be internally floodproofed in accordance with subsection 12-7-4C4 of this chapter. 3. The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this twenty first day of April, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST ___________________________ Lorri Smith, City Clerk page 24 Land Disturbance Guidance Document Mendota Heights, Minnesota May 10, 2018 Revised April 21, 2020 Project Number: 1735-04 page 25 Land Disturbance Guidance Document Title Sheet Table of Contents 1.1 Construction Site Stormwater Runoff Control .................................................................................... 1 1.2 Erosion Control and Prevention Practices ..................................................................................... 1 1.3 Sediment Control Practices ........................................................................................................... 2 1.4 Temporary Sediment Basins ......................................................................................................... 3 1.5 Dewatering and Basin Draining ..................................................................................................... 4 1.6 Inspections and Maintenance ........................................................................................................ 4 1.7 Pollution Management Measures/Construction Site Waste Control ............................................... 5 1.8 Final Stabilization ........................................................................................................................... 5 1.9 Training: ......................................................................................................................................... 6 2.1 Stormwater Management Design Standards .................................................................................... 7 2.2 Storm Sewer .................................................................................................................................. 7 2.3 Outlet and Inlet Pipes .................................................................................................................... 8 2.4 Channels and Overland Drainage .................................................................................................. 8 2.5 Ponds ............................................................................................................................................ 8 3.1 Stormwater Management Performance Measures .......................................................................... 10 3.2 Volume Management .................................................................................................................. 10 3.3 Water Quantity ............................................................................................................................. 11 3.4 Water Quality ............................................................................................................................... 12 4.0 Submittal Requirements .................................................................................................................. 13 page 26 The following requirements shall be considered as the Land Disturbance Guidance Document as defined in Title 14 Chapter 1 of the Mendota Heights City code: Stormwater Management, Illicit Discharge, Soil Erosion, and Sedimentation. The requirements below are meant to serve as a general guideline and do not account for all possible site conditions or situations. Additional measures may be necessary to meet the intent of the Mendota Heights city code. It is the obligation of the owner and designer to consider all factors contributing to erosion, flooding, and water quality impairments on the project site and include appropriate Best Management Practices for minimizing erosion and providing permanent stormwater runoff management. 1.0 Construction Site Stormwater Runoff Control 1.1 Erosion Control and Prevention Practices a. The Permittee must plan for and implement appropriate construction phasing vegetative buffer strips, horizontal slope grading, and other construction practices to minimize erosion. All areas not to be disturbed shall be marked (e.g. with flags, stakes, signs, silt fence etc.) on the project site before any work begins. The Permittee must minimize the need for disturbance of portions of the project that have steep slopes. For those sloped areas which must be disturbed, the Permittee must use techniques such as phasing and stabilization practices designed for steep slopes (e.g., slope draining and terracing). b. All exposed soil areas (including stockpiles) must be stabilized as soon as possible to limit soil erosion but in no case later than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased. For Public Waters that the Minnesota Department of Natural Resources has promulgated “work in water restrictions” during specified fish spawning time frames, all soil areas that are within 200 feet of the water’s edge, and drain to these waters must complete the stabilization activities within 24 hours during the restriction period. c. Additional BMPs together with enhanced runoff controls are required for discharges to special waters and impaired waters. The BMPs identified for each special or impaired water are required for those areas of the project draining to a discharge point on the project that is within one mile of a special or impaired water and flows to that water. d. The normal wetted perimeter of a temporary or permanent drainage ditch that drains water for the project site or diverts water around the project must be stabilized 200 lineal feet from the property edge or from a discharge point to a surface water. Stabilization must occur within 24 hours of connection to surface waters. Applying mulch, hydromulch, tackifier, polyacrylamide or similar erosion prevention practices is not acceptable stabilization in any part of a temporary or permanent drainage ditch or swale. e. Pipe outlet must have temporary or permanent energy dissipation within 24 hours before connecting to surface water. f. When possible, all slopes must be graded in such a fashion so that tracking marks made from heavy equipment are perpendicular to the slope. g. All areas disturbed during construction must be restored as detailed in these requirements. The type of permanent restoration shall be clearly shown on the plans including but not limited to sod, seed, impervious cover and structures. A minimum of 6 inches of topsoil must be installed prior to permanent restoration. Areas in which the top soil has been placed and finish graded or areas that have been disturbed and other grading or site building construction operations are not actively underway must be temporary or permanently restored as set forth in the following requirements: i) Areas with slopes that area less than 3:1 must be seeded and mulched within 14 days of the area not being actively worked. ii) Areas with slopes that area greater or equal to 3:1 must be seeded and erosion control blanket placed within 14 days of the area not being actively worked. iii) All seeded area must be either mulched and disc anchored, hydro- mulched, or covered by erosion control blanket to reduced erosion and protect the seed. Temporary or permanent mulch must be disc anchored and applied at a uniform rate page 27 of 2 tons per acre and have 90% coverage. iv) If the disturbed area will be re-disturbed within a six month period, temporary vegetative cover shall be required consisting of an approved seed mixture and application rate. v) If the disturbed area will not be re-disturbed within a six month period, permanent vegetative cover shall be required consisting of an approved seed mixture and application rate. vi) All areas that will not have maintenance done such as mowing as part of the final design shall be permanently restored using an approved seed mixture and application rate. vii) Restoration of disturbed wetland areas shall be accomplished using an approved seed mixture and application rate. h. All erosion control measures must be maintained for the duration of the project until final stabilization has been achieved in accordance with Section 1.7. If construction operations or natural events damage or interfere with any erosion control measures, they shall be restored to serve their intended function. i. Additional erosion control measures shall be added as necessary to effectively protect the natural resources of the City. The temporary and permanent erosion control plans shall be revised as needed based on current site conditions and to comply with all applicable requirements. 1.2 Sediment Control Practices a. Sediment control practices must be established on all down gradient perimeters before any upgradient land disturbing activities begin. These practices must remain in place until final stabilization has been achieved in accordance with Section 1.7. b. If down gradient treatment system is overloaded additional up gradient sediment control practices must be installed to eliminate overloading. The SWPPP must be amended to identify the additional practices. c. There shall be no unbroken slope length greater than 75 feet with a grade of 3:1 or steeper. d. All storm drain inlets must be protected by approved BMPs during construction until all potential sources for discharge have been stabilized. These devices must be maintained until final stabilization is achieved. Inlet protection may be removed if a specific safety concern (street flooding/freezing) has been identified. e. Temporary stockpiles must have silt fence or other effective sediment controls on the down gradient side of the stockpile and shall not be placed at least twenty five (25) feet from any road, wetland, protected water, drainage channel, or storm water inlets. Stockpile left for more than fourteen (14) days must be stabilized with mulch, vegetation, tarps or other approved means. f. A 50-ft natural buffer or (if a buffer is infeasible on the site) provide redundant sediment controls when a surface water is located within 50 feet of the project’s earth disturbances and stormwater flows to the surface water. Natural buffers are not required adjacent to road ditches, judicial ditches, county ditches, stormwater conveyance channels, storm drain inlets, and sediment basins. g. Vehicle tracking of sediment from project shall be minimized by approved BMPs. These shall be installed and maintained at the City approved entrances. Individual lots shall each be required to install and maintained entrances throughout the construction building until a paved driveway is install. h. Sediment that has washed or tracked from site by motor vehicles or equipment shall be cleaned from paved surfaces throughout the duration of construction. i. Silt fence or other approved sediment control devices must be installed in all areas as shown on the SWPPP. j. Silt fence or other approved sediment control devices shall be required along the entire curb line, except for approved opening where construction entrance will be installed or drainage flows away from curb. This device must be maintained until final stabilization is achieved. k. Ditch checks shall be required in ditch bottoms. Spacing for the check must be as page 28 followed:[Height in feet (of the sediment device used)] X 100 / Slope Gradient l. Dust control measures, such as application of water must be performed periodically due to weather, construction activity, and/or as directed by the City. m. Flows from diversion channels or pipes (temporary or permanent) must be routed to sedimentation basins or appropriate energy dissipaters to prevent the transport of sediment to outflow or lateral conveyors and to prevent erosion and sediment buildup when runoff flows into the conveyors. n. A concrete washout shall be installed on projects that require the use of concrete. All liquid and solid wastes generated by concrete washout operations must be contained in a leak-proof containment facility or impermeable liner. A sign must be installed adjacent to each washout facility to inform operators to utilize the proper facilities. o. All sediment control measures shall be used and maintained for the duration of the project until final stabilization has been achieved accordance with Section 1.7. If construction operations or natural events damage or interfere with any erosion control measures, they must be restored to serve their intended function. p. Additional sediment control measures shall be added as necessary to effectively protect the natural resources of the City. The temporary and permanent erosion control plans shall be revised as needed based on current site conditions and to comply with all applicable requirements. q. Restrict clearing and grading within 20 feet of an existing wetland, lake, or stream boundary to provide for a protective buffer strip of natural vegetation. 1.3 Temporary Sediment Basins a. A temporary sediment basin (or permanent) shall be provided when 10 or more acres of disturbed soil drain to a common location prior to the runoff leaving the site or entering surface waters. The Permittee is also encouraged, but not required to install temporary sediment basins in areas with steep slope or highly erodible soils even if the area is less than 10 acres and it drains to one common area. The basins shall be designed and constructed according to the following requirements: i) The basins must provide storage below the outlet pipe for a calculated volume of runoff from a 2 year, 24 hour storm from each acre drained to the basin, except that in no case shall the basin provide less than 1800 cubic feet of storage below the outlet pipe from each acre drained to the basin. ii) Where no such calculation has been performed, a temporary (or permanent) sediment basin providing 3,600 cubic feet of storage below the outlet pipe per acre drained to the basin shall be provided where attainable until final stabilization of the site. iii) Temporary basin outlets will be designed to prevent short-circuiting and the discharge of floating debris. The basin must be designed with the ability to allow complete basin drawdown (e.g., perforated riser pipe wrapped with filter fabric and covered with crushed gravel, pumps or other means) for maintenance activities, and provide a stabilized emergency overflow to prevent failure of pond integrity. Energy dissipation must be provided for the basin outlet. iv) Temporary (or permanent) basins must be constructed and made operational concurrent with the start of soil disturbance that is up gradient of the area and contributes runoff to the pond. v) Where the temporary sediment basin is not attainable due to site limitations, equivalent sediment controls such as smaller sediment basins, and/or sediment traps, silt fences, vegetative buffer strips or any appropriate combination of measures are required for all down slope boundaries of the construction area and for those side slope boundaries deemed appropriate as dictated by individual site conditions. In determining whether installing a sediment basin is attainable, the Permittee must consider public safety and may consider factors such as site soils, slope, and available area on site. This determination must be documented in the SWPPP. page 29 vi) The Permittee shall maintain the sedimentation basins and will remain functional until an acceptable vegetative cover is restored to the site, resulting in a pre- development level rate of erosion. The city will not issue building permits for lots containing sediment basins until they have been removed or relocated based on the projects restoration progress. vii) Basins designed to be used for permanent stormwater management shall be brought back to their original design contours as defined in Section 1.7. 1.4 Dewatering and Basin Draining a. If water cannot be discharged into a sedimentation basin before entering a surface water it must be treated with the appropriate BMPs, such that the discharge does not adversely affect the receiving water or downstream landowners. The Permittee must make sure discharge points are appropriately protected from erosion and scour. The discharge must be dispersed over riprap, sand bags, plastic sheeting or other acceptable energy dissipation measures. Adequate sediment control measures are required for discharging water that contains suspended soils. b. All water from dewatering or basin draining must discharge in a manner that does not cause nuisance conditions, erosion in receiving channels, on down slope properties, or inundation in wetlands causing significant adverse impact to wetlands. 1.5 Inspections and Maintenance a. The Permittee shall be responsible for inspecting and maintenance of the BMPs b. The Permittee must routinely inspect the construction project once every 7 days during active construction and within 24 hours of a rainfall event of 0.5 inches or greater in 24 hours. c. All inspections and maintenance conducted during construction must be recorded in writing and must be retained with the SWPPP. Records of each inspection and maintenance activity shall include i) Date and time of inspection. ii) Name of person(s) conducting the inspections. iii) Findings of inspections, including recommendations for corrective actions. iv) Corrective actions taken (including dates, times, and the party completing the maintenance activities). v) Date and amount of all rainfall events 0.5 inches or greater in 24 hours. vi) Documentation of changes made to SWPPP. d. Parts of the construction site that have achieved final stabilization, but work continues on other parts of the site, inspections of the stabilized areas can be reduced to once a month. If work has been suspended due to frozen ground conditions, the required inspections and maintenance must take place as soon as runoff occurs or prior to resuming construction, which ever happens first. e. All erosion and sediment BMPs shall be inspected to ensure integrity and effectiveness. All nonfunctional BMPs shall be repaired, replaced or supplemented with a functional BMP. The Permittee shall investigate and comply with the following inspection and maintenance requirements. f. All silt fences must be repaired, replaced, or supplemented when they become nonfunctional or the sediment reaches 1/3 of the height of the fence. These repairs shall be made within 24 hours of discovery, or as soon as field conditions allow access. g. Temporary and permanent sedimentation basins must be drained and the sediment removed when the depth of sediment collected in the basin reaches 1/2 the storage volume. Drainage and removal must be completed within 72 hours of discovery, or as soon as field conditions allow access. h. Surface waters, including drainage ditches and conveyance systems, must be inspected for evidence of sediment being deposited by erosion. The Permittee shall remove all deltas and sediment deposited in surface waters, including drainage ways, catch basins, and other drainage systems, and re-stabilize the areas where sediment removal results in exposed page 30 soil. The removal and stabilization shall take place within 7 days of discovery unless precluded by legal, regulatory, or physical access constraints. The Permittee shall use all reasonable efforts to obtain access. If precluded, removal and stabilization shall take place within 7 calendar days of obtaining access. The Permittee is responsible for contacting all local, regional, state and federal authorities and receiving any applicable permits, prior to conducting any work. i. Construction site vehicle exit locations shall be inspected for evidence of off-site sediment tracking onto paved surfaces. Tracked sediment shall be removed from all off-site paved surfaces, within 24 hours of discovery, or if applicable, within a shorter time. j. The Permittee is responsible for the operation and maintenance of temporary and permanent water quality management BMPs, as well as all erosion prevention and sediment control BMPs, for the duration of the construction work at the site. The Permittee is responsible until another Permittee has assumed control over all areas of the site that have not been finally stabilized or the site has undergone final stabilization, and a NOT has been submitted to the MPCA. k. If sediment escapes the construction site, off-site accumulations of sediment shall be removed in a manner and at a frequency sufficient to minimize off-site impacts (e.g., fugitive sediment in streets could be washed into storm sewers by the next rain and/or pose a safety hazard to users of public streets). l. All infiltration areas shall be inspected to ensure that no sediment from ongoing construction activities is reaching the infiltration area and these areas are protected from compaction due to construction equipment driving across the infiltration area. 1.6 Pollution Management Measures/Construction Site Waste Control a. The Permittee must implement the following pollution prevention management measures on the site. i) Solid Waste- Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris and other wastes must be disposed of properly and must comply with MPCA disposal requirements. ii) Hazardous Materials such as oil, gasoline, paint and any hazardous substances must be properly stored, including secondary containment, to prevent spills, leaks or other discharge. Restricted access to storage areas shall be provided to prevent vandalism. Storage and disposal of hazardous waste shall be in compliance with MPCA regulations. iii) External washing of trucks and other construction vehicles must be limited to a defined area of the site. Runoff shall be contained and waste properly disposed of. No engine degreasing is allowed on site. iv) The City of Mendota Heights prohibits discharges of any material other than storm water, and discharges from dewatering or basin draining activities. Prohibited discharges include but are not limited to vehicle and equipment washing, maintenance spills, wash water, and discharges of oil and other hazardous substances. 1.7 Final Stabilization a. The Permittee must ensure final stabilization of the project. Final stabilization can be achieved in one of the following ways. b. All soil disturbing activities at the site have been completed and all soils will be stabilized by a uniform perennial vegetative cover with a density of at least 70 percent over the entire pervious surface area, or other equivalent means necessary to prevent soil failure under erosive conditions and; i) All soil surfaces that were compacted during construction and remain compacted upon completion must be de-compacted. ii) All drainage ditches, constructed to drain water from the site after construction is complete, must be stabilized to preclude erosion; and iii) All temporary synthetic, and structural erosion prevention and sediment control page 31 BMPs (such as silt fence) must be removed as part of the site final stabilization iv) The Permittee must clean out all sediment from conveyances and from temporary sedimentation basins that are to be used as permanent water quality management basins. Sediment must be stabilized to prevent it from washing back into the basin, conveyances or drainage ways discharging off-site or to surface waters. The cleanout of permanent basins must be sufficient to return the basin to design capacity. c. For residential construction only, final stabilization has been achieved when: i) Temporary erosion protection and down gradient perimeter control for individual lots has been completed and the residence has been transferred to the homeowner. ii) The Permittee must distribute the MPCA “homeowner factsheet” to the homeowner so the homeowner is informed for the need, and benefits, of final stabilization. 1.8 Training: Training is required for those that are responsible for preparation of the SWPPP, management of the construction site and inspections. a. The SWPPP must provide a chain of command showing who prepared the SWPPP, who is responsible for the management of the construction site and inspections. b. The training shall consist of a course developed by a local, state or federal agency, professional organization, water management organization, or soil and water conservation district and must contain information that is related to erosion prevention, sediment control, or permanent stormwater management and must relate to the work that you are responsible for managing. 2.0 Stormwater Management Design Standards 2.1 Storm Sewer a. Provide for overflow routes to drain low points along streets or lot lines to ensure a freeboard of 2’ from the lowest ground adjacent to building and the calculated 100-year storm HWL elevation. Design criteria verifying the adequacy of the overland drainage route capacity is required calculated 100-year storm HWL elevation. Design criteria verifying the adequacy of the overland drainage route capacity is required. b. The storm sewer alignment shall follow the sanitary sewer and watermain alignment where practical with a minimum of 10’ of separation. Storm sewer placed along the curb alignment shall be along the curb opposite the watermain to maintain the 10’ separation. c. Catch basins shall be located on the tangent section of the curb at a point 3’ from the point of curve. Mid-radius catch basins will not be allowed. Also, catch basins shall be designed to collect drainage on the upstream side of the intersection. d. The maximum spacing between manholes is 400’. e. Manhole steps will be aligned and over the downstream side of the manhole. Steps within manholes will be: i) 1” +/- Horizontal Alignment ii) 1” +/- Vertical Alignment per latest OSHA Standards f. Any connections to existing manholes or catch basins shall be core drilled or the opening cut out with a concrete saw. No jack hammering or breaking the structure with a maul is permitted. Also, all connections to an existing system will require a manhole for access. g. To the greatest extent possible, manholes shall be placed in paved surfaces outside of wheel paths, (3’ and 9’ off centerline) or other readily accessible areas. h. Minimum pipe size shall be 12” diameter. i. Aprons or flared end sections shall be placed at all locations where the storm sewer outlets a ponding area. All inlet/outlet flared end sections shall be furnished with hot dipped galvanized trash guards. All trash guard installations will be subject to approval by the City Engineer. The last three pipe joints from the flared end section shall be tied together. j. Riprap and filter blanket shall be placed at all outlet flared end sections. page 32 k. The placement of the riprap shall be by hand. The minimum class of riprap shall be MnDOT 3601.2, Class III. A design criterion justifying the size and amount of riprap is required. Geotextile material is not allowed for filter aggregate where ice action along the shore line may tear the geotextile. l. The invert elevations of the pond inlet flared end sections shall match the NWL of the pond. Submerged outlets will only be allowed at the discretion of the City Engineer. m. If the storm sewer is to be installed less than 10’ deep within private property, the easement shall be a minimum of 20’ wide with the pipe centered in the easement. If the storm sewer is 10’ deep or greater, then the easement shall be twice as wide as the depth or as required by the City. n. Junction manholes should be designed to limit the hydraulic head increase by matching hydraulic flow lines and by providing smooth transition angles. o. In the development of any subdivision or ponding area, the developer and/or property owner is responsible for the removal of all significant vegetation (trees, stumps, brush, debris, etc.) from any and all areas which would be inundated by the designated controlled Normal Water elevation (NWL) of any required ponding easement as well as the removal of all dead trees, vegetation, etc., to the High Water Level (HWL) of the pond. p. Outlet control structures from ponding areas are required as directed by the City. Location and appearance of outlet structures shall be subject to City approval and may require landscape screening. q. Sump manholes with 3-foot sumps shall be constructed as the last structure that is roadway accessible prior to discharge to any waterbody. r. Inlets should be placed and located to eliminate overland flow in excess of 1,000 feet on minor streets, or a combination of minor streets and swales, and 600 feet on collector streets and arterials. Additionally, inlets should be located such that 3 cfs is the maximum flow at the inlet for the 10-year design storm. 2.2 Outlet and Inlet Pipes a. Inlet and outlet pipes of stormwater ponds should be extended to the pond normal water level whenever possible. b. Outfalls with velocities less than 4 feet per second (fps) that project flows downstream into the channel in a direction 30 degrees or less from the normal channel axis generally do not require energy dissipaters or stilling basins, but do require riprap protection. c. Where an energy dissipater is used, it should be sized to provide an average outlet velocity of less than 4 fps, unless rip rap is also used. In the latter case, or when discharge occurs at NWL of a pond, the average outlet velocity should not exceed 6 fps. d. W here outlet velocities exceed 6 fps, the design should be based on the unique site conditions present. Submergence of the outlet or installation of a stilling basin approved by the City is required when excessive outlet velocities are experienced. e. In the case of discharge to channels, rip rap should be provided on all outlets to an adequate depth below the channel grade and to a height above the outfall or channel bottom. It should be placed over a suitably graded filter material and filter fabric to ensure that soil particles do not migrate through the rip rap and reduce its stability. Rip rap should be placed to a thickness at least 2.5 times the mean rock diameter so as to ensure that it will not be undermined or rendered ineffective by displacement. If rip rap is used as protection for overland drainage routes, grouting may be recommended. 2.3 Channels and Overland Drainage a. Overland drainage routes where velocities exceed 6 fps should be reviewed by the City Engineer and approved only when suitable stabilization measures are proposed. b. Open channels and swales are recommended where flows and small grade differences prohibit the economical construction of an underground conduit. Open channels and swales can provide infiltration and filtration benefits not provided by pipe. c. Whenever possible, a minimum slope of 2% should be maintained in unlined open channels and overland drainage routes. Slopes less than 2% and greater than 1% are difficult to construct and maintain and may require an underdrain system. Slopes less than page 33 1% are not allowed for lot drainage and channels designed primarily for conveyance. d. Minimum grade for lot drainage swales and lot grading shall be 2% or greater. e. Maximum length for drainage swales shall be 300 feet or a total of eight lots draining to a point, or as approved by the City Engineer. f. Channel side slopes should be a maximum of 4:1 (horizontal to vertical) with gentler slopes being desirable. Where space permits, slopes should be cut back to match existing grade. g. Rock rip rap should be provided at all points of juncture between two open channels and where storm sewer pipes discharge into a channel. h. The design velocity of an open channel should be sufficiently low to prevent erosion of the bottom. Rip rap or concrete liners should be provided in areas where high velocities cannot be avoided. i. Periodic cleaning of an open channel is required to ensure that the design capacity is maintained. Therefore, all channels should be designed to allow easy access for equipment. 2.4 Ponds a. Maximum allowed pond slopes are 3:1, though 4:1 slopes are preferred. Pond slopes steeper than 4:1 shall have erosion control blanket installed immediately after finish grading. In residential areas slopes no steeper than 4:1 shall be allowed. 3:1 slopes may be allowed in “maintained” areas as approved by the City Engineer. 3:1 slopes are not allowed for road fill sections adjacent to water bodies. b. All constructed ponds and wetland mitigation areas shall have an aquatic or safety bench around their entire perimeter. The aquatic bench is defined as follows: i) Cross slope no steeper than 10:1 ii) Minimum width 10 feet iii) Located from pond NWL to one foot below pond NWL c. All constructed ponds and wetland mitigation areas shall have a maintenance access bench around sufficient perimeter to provide access to all inlets and outlets. At a minimum the maintenance bench should extend around 50% of the basin perimeter. d. Elevation separations of buildings with respect to ponds, lakes, streams, and storm water features shall be designed as follows: i) The lowest ground elevation adjacent to homes and buildings must be a minimum of two feet above the calculated 100-yr HWL or 1.5 feet above the EOF, whichever criteria leads to the higher elevation. ii) Landlocked lakes and wetlands require either 1) a five-foot separation between basin HWL and lowest ground elevation adjacent to building or 2) a three-foot separation between basin HWL for back to back 100- year storms and the lowest ground elevation adjacent to building or 3) three-foot separation between the highest known or recorded basin elevation in the case of large wetlands and lakes and lowest ground elevation adjacent to building. Whichever of the three methods yields the highest allowable ground at building elevation should be the one used. e. Drainage easements for ponds, lakes, wetlands, streams etc. shall encompass an area to one foot (vertical) above the calculated 100-year HWL. f. Maximum pond wet volume depth is 8 feet; minimum wet volume depth is 3 feet. g. Flood bounce is defined as the vertical difference between pond NWL and pond HWL. Flood bounce shall not exceed 6 feet except in the case of regional basins, as defined by the City Engineer. h. All ponds shall have outlet skimming for up to the 5-year event. i. All ponds shall be graded to one-foot below design bottom elevation. This “hold down” allows sediment storage until such time as site restoration is complete. j. The top berm elevation of ponds shall be a minimum of 1.5 feet above the 100- year pond HWL. k. Grading shall not block or raise emergency overflows from adjoining properties unless some provision has been made for the runoff that may be blocked behind such an embankment. l. Seeding around ponds should be MnDOT standard mix 33-261 or BWSR equivalent. page 34 3.0 Stormwater Management Performance Measures 3.1 Volume Management a. For development and redevelopment projects, the performance benchmark for runoff volume reduction, otherwise known as abstraction, is a volume equivalent to 1.1 inches of runoff off all new impervious surfaces. Allowable BMPs for abstracting runoff volume and methods for calculating abstraction are: i) Infiltration benches adjacent to constructed ponds ii) Rainwater gardens or infiltration areas separate from ponds such as depressed medians or grassed areas adjacent to parking lots and buildings iii) Pervious pavement or pavers iv) Vegetated swales v) Constructed wetlands vi) Underground storage with infiltration vii) Underground storage with water recycling for irrigation viii) Green roofs b. For public linear projects these standards shall apply only to newly created impervious surfaces that exceed 10,000 square feet. c. The amount of impervious surface increase on projects shall be reduced to the greatest extent possible for development and redevelopment projects in accordance with Low Impact Development (LID) techniques. A narrative shall be provided that addresses the consideration of LID techniques in development and redevelopment impervious surface extents. d. For all infiltration calculations the infiltration rates in Table 3.1 shall be assumed. As an alternative, percolation tests can be conducted and submitted to determine the actual rate of infiltration after subgrading is complete. Table 3.1 Infiltration Rates (Source: Minnesota Stormwater Manual) e. Infiltration areas shall be designed to infiltrate water in 48 hours. Soil A Gravel, sand, sandy gravel, silty gravel, loamy sand, sandy loam Corresponding Unified Soil GW - Well-graded gravel or well-graded gravel with sand GP - Poorly graded gravel or poorly graded gravel with sand GM – silty gravels, silty sandy gravels SW – well-graded gravelly sands SP – gap-graded or uniform sands, gravelly sands SM - Silty sand or silty sand with gravel ML - Silts, very fine sands, silty or clayey fine sands ML – silts, very fine sands, silty or clayey fine sands Infiltration 1.63 B Loam, silt loam 0.8 0.45 0.3 C Sandy clay loam 0.2 D Clay, clay loam, silt clay loam, sandy clay, silt clay GC – clayey gravels, clayey sandy gravels SC – clayey sands, clayey gravelly sands CL - Low plasticity clays, sandy or silty clays OL – organic silts and clays of low plasticity CH - Fat clay or fat clay with sand or gravel or gravelly fat clay OH - Organic clay or organic clay with sand or gravel or gravelly organic clay .06 page 35 f. Infiltration areas shall not be constructed in karst or fractured bedrock areas, nor should they be constructed adjacent to steep slopes. g. Infiltration practices shall be left off-line until the upgradient drainage areas are stabilized. h. The volume management standard is waived in areas of known soil contamination or for developments where the potential for spills makes infiltration inadvisable. i. Infiltration areas shall not have a 100-year design storm flood bounce that exceeds 3 feet. j. Pretreatment, in the form of forebays or filter strips, shall be considered for all infiltration areas. k. For infiltration benches adjacent to ponds the following standards apply: i) Benches shall have slopes no steeper than 6:1 over the proposed infiltration zone. A slope of 10:1 is preferred. ii) Benches may be excavated and backfilled with sand or sandy topsoil to provide additional storage volume for infiltration without violating the 3 foot flood bounce requirement. l. Porous pavement or pavers shall be considered pervious surface for the purposes of infiltration calculations. m. Porous pavement or pavers are considered sufficient to infiltrate water off impermeable surfaces at a ratio of 5:1 (impermeable surface area to porous pavement area). 3.2 Water Quantity a. At a minimum, proposed peak runoff rate from development and redevelopment project shall maintain or decrease existing flow rates for the 2, 10, and 100-year 24-hour rainfalls. Table 3.2. Storm Events Event Rainfall/Snowmelt depth (inches) 2-year, 24 hour 2.81 10-year, 24 hour 4.19 100-year, 24 hour 7.47 100-year, 10 day snowmelt 7.2 b. A Rate Control Plan shall be developed for projects that disturb one or more acre of land. Public Linear Projects shall be exempt from developing a Rate Control Plan unless the project creates 10,000 square feet or more of new impervious surface. Rate Control Plan shall include the following items: i) Delineation of the subwatersheds contributing runoff from off-site, and proposed and existing watersheds on-site. ii) Delineation of existing on-site wetlands, shoreland, and/or floodplain areas. Any removal or disturbance of streambank and shoreland vegetation should be identified and avoided. Any unavoidable removal or disturbance to this vegetation must be addressed and mitigated iii) Stormwater runoff volume and rate analyses for existing and proposed conditions iv) Administrative items included in Section 4.0 v) A narrative describing existing and proposed rate control for the site. Detention basins shall be designed with capacity for the critical 100-year event, which is defined as the 100-year event that produces the highest water level among a 2-hour, 6-hour, 12-hour, or 24 hour rainfall events or the 10-day, 7.2- inch snowmelt runoff event. c. The maximum duration for rainfall critical event analysis shall be 24 hours except in cases where basins are landlocked, where back to back 24-hour events and the 10-day 7.2-inch snowmelt runoff event shall also be used. In all cases a hydrograph method of analysis page 36 should be used. For the 24-hour rainfall event, or back to back 24-hour rainfall events, an MSE 3 distribution should be used. For shorter duration critical events other distributions may be used with the approval of the City Engineer. d. All drainage system analyses and designs shall be based on proposed full development land use patterns. e. Development adjacent to a landlocked basin and the basin is not provided an outlet, freeboard should be determined based on one of three methods (whichever provides for the highest freeboard elevation): i) Three feet above the HWL determined by modeling back to back 100- year, 24- hour events, ii) Three feet above the highest known water level, or iii) Five feet above the HWL determined by modeling a single 100-year, 24- hour event. f. When modeling landlocked basins, the starting water surface elevation should be the basins Ordinary High Water elevation, which can be determined through hydrologic modeling or, in the case of a DNR regulated basin, from a DNR survey. g. For basins with a suitable outlet, freeboard will be 2-feet above the HWL determined by modeling the 100-year critical event. Emergency overflows a minimum of 1.5 feet below lowest ground elevation adjacent to a structure should also be provided. h. Adjacent to channels, creeks, and ravines freeboard will also be 2 feet to the 100-year critical event elevation. 3.3 Water Quality a. Storm water treatment facilities constructed in Mendota Heights shall be designed according to the standards reflected in the MPCA publication Protecting Water Quality in Urban Areas, the State of Minnesota Stormwater Manual, and the design criteria from the National Urban Runoff Program. b. For projects that create one acres or more of new impervious surface shall have no net increase in total phosphorus (TP) and Total Suspended Solids (TSS) to receiving water bodies. A 50% reduction in total phosphorous based on existing conditions must be shown for all development, redevelopment and public linear projects that exceed 1 acre of disturbed land, unless the requirements in Table 3.3 call for increased treatment capacity. Reduction in total phosphorus can be achieved using methods approved by the State of Minnesota Stormwater Manual, including but not limited to: infiltration, biofiltration/filtration, or stormwater ponds. c. In any case, the standard identified above that leads to the highest treatment capacity is the one required of any specific development. 4.1 Submittal Requirements All grading, erosion control, and site restoration work should be done in accordance with the most recent additions of the MnDOT Standard Specifications for Highway Construction and the MPCA’s Protecting Water Quality in Urban Areas. All projects within the City that disturb 5,000 square feet or more of land and are not exempt by the City’s ordinance are required to show the following: 1. The developer shall obtain all regulatory agency permits and approvals including those from the MPCA for “General Storm Water Permit for Construction Activity.” 2. Contact information for the engineering firm, developer, and owner. 3. Show City of Mendota Heights’ project number on the Plan. 4. Signature of company responsible for erosion and sediment control plan preparation, implementation, and maintenance. 5. Show all erosion prevention and sediment control measures are compliant with Section 1. 6. Show first floor and basement walkout elevations. 7. A location map indicating the vicinity of the site. 8. Two-foot contour information extending a minimum of 200 feet beyond the property boundary that shows features such as buildings, structures, walls, trees, or fences and any hydrologic features page 37 such as wetlands, ponds, lakes, and streams that are wholly or partially encompassed by the project perimeter. 9. Two-foot contour information shall include the following: a. Existing contours b. Proposed contours c. Contour labeling 10. Directional arrows to indicate the site and lot drainage directions. 11. Details on existing wetlands, lakes, streams etc. a. NWL and 100-year design storm HWL b. Ordinary high water level, if available, for wetlands within the site c. Whether waterbodies are DNR protected d. Wetland delineations for wetlands on the site 12. Information on individual lots including: a. Type of structure (i.e. walkout or rambler) b. Lowest ground elevation adjacent to building walkout and lookout window elevations c. Existing and proposed lot corner spot elevations d. Proposed mid-point side lot spot elevations e. Proposed spot elevations at any high points or drainage breaks f. Proposed spot elevations where drainage swales intersect lot lines g. Proposed spot elevations where drainage and utility easements intersect with lot lines h. The benchmark utilized for elevation determination. 13. All easements and outlots, existing and proposed 14. If retaining walls are needed, submit detailed plans and specifications that show type and height of retaining wall. Retaining walls will not be allowed within the City’s easements, unless approved with the overall subdivision grading plan. 15. All adjacent plats, parcels, property lines, section lines, streets, existing storm drains and appurtenances, and underground utilities (public and private). 16. Grading and clearing limits: details of topsoil removal, topsoil stockpiling, and topsoil re- spreading. All development or redevelopment projects that disturb one acre or more of land or increase net impervious surface must submit the following: 1. A narrative description of existing and proposed conditions and stormwater management performance criteria evaluated for the project. 2. Drawings showing existing and proposed drainage boundaries, including watersheds contributing runoff from off-site. 3. EOF elevations and directions of flow for all street and rear yard catch basins, parking areas, ponds, wetlands, lakes, streams, swales, etc. 4. Hydrologic and hydraulic calculations for the 2-year, 10-year, and 100-year 24- hour (MSE3distribution) rainfall event and the critical 100-year event. 5. Provide detailed hydrologic/hydraulic calculations verifying location and capacity adequacy of all overland drainage routes. 6. Show removal of all trees and brush below the controlled water level that will be impacted from existing and newly created ponding areas. 7. Show or define access routes for maintenance purposes to all inlets or outlets at ponding areas (must be no more than 10 percent grade at two percent cross slope and no less than 10-feet- wide). 8. A note for all silt fence to be installed by the contractor and inspected by the City prior to any site work. 9. A Rate Control Plan if required by Section 3.2.b Projects that include storm sewer and water quality treatment facilities are required to show the following: 1. The developer shall obtain all regulatory agency permits and approvals necessary for the proposed construction such as DNR, USACE, or MPCA. 2. Drainage calculations shall be submitted to show the sizing of pipe, ponds, emergency overflow page 38 spillways, and catch basin interception analysis. 3. Show or define access routes for maintenance purposes to all manholes outside the public right- of-way and inlets or outlets at ponding areas (eight percent maximum grade, two percent cross slope, and ten-feet-wide). Access easements shall be dedicated at the time of final platting to provide this access. 4. The developer and/or engineer upon the completion of the construction of a designated ponding area is required to submit an as-built record plan of the ponding area certifying that the pond constructed meets all design parameters as set forth in this SWMP and its updates. page 39 REQUEST FOR COUNCIL ACTION DATE: April 21, 2020 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2020-29 Approve Limited Use Permit with MnDOT for the Dodd Road Trail COMMENT: INTRODUCTION The Council is asked approve a Limited Use Permit (LUP) with the Minnesota Department of Transportation (MnDOT) for the newly constructed Dodd Road Trail from Maple Street to Wesley Lane. BACKGROUND MnDOT requires a Limited Use Permit for any trail systems that are located within the boundary of State Right-of-Way. The city has issued identical Limited Use Permits for other trail segments that are in the State Right-of-way. The permit is valid for 10 years. DISCUSSION The trail from Maple Street to Wesley Lane along Dodd Road was substantially completed in 2019. The utility pole relocations were completed over the winter. The contractor, Bituminous Roadways, is expected to complete the trail paving and remaining work starting in May. BUDGET IMPACT There are no anticipated fees associated with the Limited Use Permit. RECOMMENDATION Staff recommends that the Council approve the attached Resolution authorizing staff to enter into a Limited Use Permit agreement with MnDOT for the pedestrian trail in the Trunk Highway 149 right-of-way. ACTION REQUIRED If Council wishes to implement the staff recommendation, pass the attached RESOLUTION AUTHORIZING A LIMITED USE PERMIT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A NON-MOTORIZED RECREATIONAL TRAIL IN THE RIGHT-OF-WAY OF TRUNK HIGHWAY 149. This action requires a simple majority vote. page 40 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020 – 29 RESOLUTION APPROVING A LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A NON-MOTORIZED RECREATIONAL TRAIL IN THE RIGHT-OF-WAY OF TRUNK HIGHWAY 149 WHEREAS, the City of Mendota Heights is a political subdivision, organized and existing under the laws of the State of Minnesota; and, WHEREAS, the City Council of the City of Mendota Heights has approved a plan to construct a non-motorized recreational trail in the right-of-way of Trunk Highway 149 to promote the orderly and safe pedestrian movement adjacent to the Interstate; and, WHEREAS, the State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction and utilization of said non-motorized recreational trail. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota Heights hereby enters into a Limited Use Permit with the State of Minnesota, Department of Transportation for the following purposes: 1. To construct, operate and maintain a non-motorized recreational trail within the right- of-way of Trunk Highway 149 of the State of Minnesota as shown on Exhibit A. The City of Mendota Heights shall construct, operate and maintain said trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. BE IT FURTHER RESOLVED, that the Mayor and the City Administrator are authorized to execute the Limited Use Permit and any amendments to the Permit. Adopted by the Mendota Heights City Council this twenty first day of April, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS _____________________________ Neil Garlock, Mayor ATTEST ____________________________ Lorri Smith, City Clerk page 41 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 1917 (T.H. 149) S.A.P. 140-101-011 County of Dakota LUP # 1917-0099 Permittee: City of Mendota Heights Expiration Date: 05/17/2029 In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, (“MnDOT”), hereby grants a Limited Use Permit (the “LUP”) to City of Mendota Heights, (“Permittee”), to use the area within the right of way of Trunk Highway No. 149 as shown in red on Exhibit "A", (the “Area”) attached hereto and incorporated herein by reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. Non-Motorized Recreational Trail The Permittee's use of the Area is limited to only the constructing, maintaining and operating a nonmotorized recreational trail ("Facility") and the use thereof may be further limited by 23 C.F.R. 652 also published as the Federal-Aid Policy Guide. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. TERM. This LUP terminates at 11:59PM on 05/17/2029 (“Expiration Date”) subject to the right of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days written notice of such cancellation. This LUP will not be renewed except as provided below. Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to the Expiration Date, a written request to extend the term. Any extension of the LUP term will be under the same terms and conditions in this LUP, provided: (a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and Area are compatible with the safe and efficient operation of the highway and the Facility page 42 and Area are in good condition and repair. If, in MnDOT’s sole determination, modifications and repairs to the Facility and Area are needed, Permittee will perform such work as outlined in writing in an amendment of this LUP; and (b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable governmental body authorizing the Permittee’s use of the Facility and Area for the additional term. If Permittee’s written request to extend the term is not timely given, the LUP will expire on the Expiration Date. Permittee hereby voluntarily releases and waives any and all claims and causes of action for damages, costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees and compensation based upon the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee’s sole cost and expense Permittee will: (a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer; and (b) Surrender possession of the Area to MnDOT. If, without MnDOT’s written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorney’s fees, in any action brought by MnDOT to remove the Facility and the Permittee from the Area. 3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. Before construction of any kind, the plans for such construction shall be approved in writing by the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be required for any changes from the approved plan. The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in accordance with MnDOT-approved plans and specifications. Further, Permittee will construct the Facility using construction procedures compatible with the safe and efficient operation of the highway. page 43 Upon completion of the construction of the Facility, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. 5. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes. This LUP does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge Facility that would become subject to Section 4 (f) of the Federal-Aid Highway Act of 1968, nor does this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 160.264. No rights to relocation benefits are established by this LUP. This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued by any federal, state or local political subdivision having jurisdiction and authority in connection with said Area including the Americans with Disabilities Act (“ADA”). If the Area and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and perform such obligation without liability to Permittee for any loss or damage to Permittee thereby page 44 incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for overhead and supervision within 30 days of receipt of MnDOT’s invoice. 7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event improvements are constructed, maintained, or otherwise operated on the Property described in this Limited Use Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Permittee will maintain and operate such improvements and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation, Federal Highway Administration, (as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income- level, or limited English proficiency will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said improvements. 8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is granted, so as to maintain the safety of both the motoring public and Facility users. 9. ASSIGNMENT. No assignment of this LUP is allowed. 10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this LUP. 11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State’s right of way. In the event of spillage of regulated materials, the Permittee shall notify in writing MnDOT’s District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 12. MECHANIC’S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: to Permittee at: and to MnDOT at: page 45 Mayor State of Minnesota City Hall Department of Transportation 1101 Victoria Curve Metro District Right of Way Mendota Heights, MN 55118 1500 W. County Road B2 Roseville, MN 55113 The address to which notices are mailed may be changed by written notice given by either party to the other. 14. INDEMNITY. Permittee shall indemnify, defend to the extent authorized by the Minnesota Attorney General’s Office, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and any successors and assigns of the foregoing, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damages to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, except when such injury, death, loss or damage is caused solely by the negligence of State of Minnesota, but including those instances where the State of Minnesota is deemed to be negligent because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person; (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this LUP is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility. page 46 MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL CITY OF MENDOTA HEIGHTS By______________________________ Its Mayor Date___________________________ And______________________________ Its City Administrator Date___________________________ By:______________________________ District Engineer Date___________________________ APPROVED BY: COMMISSIONER OF TRANSPORTATION By:_______________________________ Director, Office of Land Management Date______________________________ The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. page 47 HY D PP ST ST VW VW VW VW VW>>>>>>>>>>>>>>>>>>>>|||||||||||OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHPOHPOHPOHPOHPOHPOHPCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVUGP UGP UGP UGP UGP UGP UGP UGP UGP UGP UGP UGP UGP UGPUGPUGPUGPUGPUGPUGPUGP>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>GG GGGG GGGG GGGGG GGG GGGGGGG GGGGGGGG GG G G G G G G G G G UGP U G P U G P UG P UG P UGP UGP UGP UGP UGP UGP UGP UGP UG P UG P UG P UG P UGP UGP UGP UGP UGP UGP UGP UGPUGPUGPUGPUGPUGP UGPUGPCITY OFMENDOTA HEIGHTS1:3 MAXIMUM SLOPE 8678658648668668688643. 0 ' 5.0'8.0'3.0'3.0'5.0'8.0'5.8'8.0'4.2'6.0'5.0'ST 0+001+002+003+00EXISTING ROWEXISTING ROWEXISTING TRAIL EASEMENTCONSTRUCTION LIMITSADJUST STRM MH TO TRAIL ELEVATIONEXISTING RIM ELEV = 867.62PROPOSED RIM ELEV = 868.52EXISTING 15" CPP S INV ELE = 861.37EXISTING 15" RCP W INV ELE = 861.37℄ DODD ROADG803MATCH EXISTING CURBELEV = +/- 867.69G800HIGH POINTGUTTER ELE = 868.50STATION 1+07MOVE POWER POLE (BY OTHERS)B618 CURB & GUTTERSAWCUT & PATCH BITUMINOUS.USE EXISTING ROAD SLOPE TO SET GUTTERELEVATION (SEE TYPICAL SECTION ON SHEET 10)B624 CURB & GUTTERSAWCUT & PATCH BITUMINOUS. USE EXISTINGROAD SLOPE TO SET GUTTER ELEVATION(SEE TYPICAL SECTION ON SHEET 10)CBMH 128INSTALL CBMHOVER EXISTING 15" RCPCONNECT TO EXISTINGSTORM SEWERRIM = 867.91INV ELE = 861.32STRIP ALL EXISTING TOPSOIL IN AREAS TO BEDISTURBED BY CONSTRUCTION(PAID FOR AS COMMON EXCAVATION) ANDREUSE AS TOPSOIL WITHIN PROJECTLIMITS (PAID FOR AS COMMON BORROW (CV)).G801G802G8C6"6"BEGIN TRANSITION TO B624STA. 0+57.8END TRANSITION TO B624STA. 0+61.6R35.0 >>K:\g-m\MendotaHeights-City\16948000\04_Production\01_CAD\02_Sheets\11+00 TO 13+00 - DODD TRAIL.dwg May 15, 2019 - 2:57pm 444 Cedar Street, Suite 1500Saint Paul, MN 55101651.292.4400tkda.comDESCRIPTION OF REVISIONSNO. DATE BYDESIGNEDDRAWNCHECKEDCITY OF MENDOTA HEIGHTS, MINNESOTASHEET NO. OF 87 SHEETS2019 STREET IMPROVEMENTSS.A.P. 140-101-011 S.A.P. 140-010-006FILENAME:PLOT DATE:NAME:SIGNATURE:LIC. NO.:DATE:54LPPSPBLPPLARRY POPPLER410055/6/2019--- --- --- ------ --- --- ------ --- --- ------ --- --- ------ --- --- ---I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OF MN.DODD TRAIL (0+00 TO 2+00)M A P L E S T R E E T INDICATES PEDESTRIAN RAMP - SLOPESHALL BE BETWEEN 5.0% MINIMUM AND8.3% MAXIMUM IN THE DIRECTION SHOWNAND CROSS SLOPE SHALL NOT EXCEED 2.0%LANDING PANEL(S) - TO BE USED FORCHANGE OF GRADE OR DIRECTION. SLOPESHOULD BE 2% OR LESS IN ALL DIRECTIONSAND BE A MINIMUM OF 4' BY 4'.1. 0 2 %1.02%1.02%0.47%0.47%0.47%SCALE IN FEET0 5 1020GENERAL NOTES:1. SALVAGE AND INSTALL ALL SIGNS AS DIRECTED BY THE ENGINEER. SEESHEETS 72 TO 78 FOR SIGNING AND STRIPING DETAILS.2. CONSTRUCTION LIMITS EXTEND TO ROW (OR TEMPORARY GRADINGEASEMENT) IN CONSTRAINED AREAS.3. ALL PEDESTRIAN RAMPS AND DRIVEWAY APRONS SHALL BE CONSTRUCTEDTO MNDOT ADA SPECIFICATIONS. SEE SHEETS 15 TO 20 FOR DETAILS4. A MINIMUM BOULEVARD OF 5' SHALL BE MAINTAINED BETWEEN THE FLOWLINE AND THE EDGE OF TRAIL.5. A MINIMUM CLEAR ZONE OF 2 FEET SHALL BE MAINTAINED BETWEEN ANYOBSTRUCTIONS AND THE EDGE OF TRAIL.EXISTING DRAINAGE UTILITY EASEMENTPROPOSED CONSTRUCTION LIMITSEXISTING ROWEXISTING WATERMAINEXISTING OVERHEAD POWEREXISTING COMMUNICATIONEXISTING TRAIL EASEMENTPROPOSED BITUMINOUS TRAILPROPOSED BITUMINOUS SAWCUT, REMOVAL & PATCHPROPOSED CONCRETE CURB OR PEDESTRIAN RAMPEXISTING SANITARY SEWERPROPOSED STORM SEWERIOHPCTV>>>>EXISTING STORM SEWER>>IIIEXISTING WATER MAINDODD ROADSTRM FESFIRE HYDRANTGATE VALVESTHYDVWSTRM MHSTRM CBPROPOSED TRUNCATED DOMESCLEAR AND GRUB TREEDRAINAGE ARROWX.X%GUTTER SLOPE FLOW DIRECTIONG8 POINT TABLEPOINT NUMBER E N Z HEIGHTNOTEG800 550328.37 251048.70 868.50 6"HIGHPOINTG801 550304.59 251001.86 867.94 0"TAPERG802 550308.12 250992.26 867.83 0"TAPERG803 550317.82 250981.07 867.69 6"MATCHG8C 550338.72 251008.98--R35' TO FACE OF CURBpage 48 PP ST >>>>>>>||||||||||OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGP>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>GGGGGGGG GGGGGGGGGG GGGGG GGGGGGG||||||OHP OHP OHP OHP OHP OHP OHP UGP UGP UGP UGP UGP UGP UGPUGP CITY OFMENDOTAHEIGHTSCITY OFMENDOTA HEIGHTSCITY OFMENDOTA HEIGHTS1: 3 M A X IM UM S L O P E 8668688648698708718688668678668658648648693. 0 ' 5. 0 ' 8. 0 ' 3.0'5.0'8.0' 8. 0 ' 3. 0 ' 5. 0 ' 8.0'5.0'3.0' ST 3+004+00EXISTING ROWEXISTING TRAIL EASEMENTEXISTING TRAIL EASEMENTCONSTRUCTION LIMITSCONSTRUCTION LIMITSADJUST STRM MH TO TRAIL ELEVATIONEXISTING RIM ELEV = 867.62PROPOSED RIM ELEV = 868.52EXISTING 15" CPP S INV ELE = 861.37EXISTING 15" RCP W INV ELE = 861.37EXISTING ROWEXISTING ROWCONSTRUCTION LIMITS℄ DODD ROADMOVE POWER POLE (BY OTHERS)B624 CURB & GUTTERSAWCUT & PATCH BITUMINOUS. USE EXISTINGROAD SLOPE TO SET GUTTER ELEVATION(SEE TYPICAL SECTION SHEET 10)CBMH 128INSTALL CBMHOVER EXISTING 15" RCPCONNECT TO EXISTINGSTORM SEWERRIM = 867.91INV ELE = 861.32STRIP ALL EXISTING TOPSOIL IN AREAS TO BEDISTURBED BY CONSTRUCTION(PAID FOR AS COMMON EXCAVATION) ANDREUSE AS TOPSOIL WITHIN PROJECTLIMITS (PAID FOR AS COMMON BORROW (CV)).STRIP ALL EXISTING TOPSOIL IN AREAS TO BEDISTURBED BY CONSTRUCTION(PAID FOR AS COMMON EXCAVATION) ANDREUSE AS TOPSOIL WITHIN PROJECTLIMITS (PAID FOR AS COMMON BORROW (CV)).K:\g-m\MendotaHeights-City\16948000\04_Production\01_CAD\02_Sheets\11+00 TO 13+00 - DODD TRAIL.dwg May 15, 2019 - 2:57pm 444 Cedar Street, Suite 1500Saint Paul, MN 55101651.292.4400tkda.comDESCRIPTION OF REVISIONSNO. DATE BYDESIGNEDDRAWNCHECKEDCITY OF MENDOTA HEIGHTS, MINNESOTASHEET NO. OF 87 SHEETS2019 STREET IMPROVEMENTSS.A.P. 140-101-011 S.A.P. 140-010-006FILENAME:PLOT DATE:NAME:SIGNATURE:LIC. NO.:DATE:55LPPSPBLPPLARRY POPPLER410055/6/2019--- --- --- ------ --- --- ------ --- --- ------ --- --- ------ --- --- ---I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OF MN.DODD TRAIL (2+00 TO 4+00)DODD ROADHILLTOP ROAD >>SCALE IN FEET0 5 1020GENERAL NOTES:1. SALVAGE AND INSTALL ALL SIGNS AS DIRECTED BY THE ENGINEER. SEESHEETS 72 TO 78 FOR SIGNING AND STRIPING DETAILS.2. CONSTRUCTION LIMITS EXTEND TO ROW (OR TEMPORARY GRADINGEASEMENT) IN CONSTRAINED AREAS.3. ALL PEDESTRIAN RAMPS AND DRIVEWAY APRONS SHALL BE CONSTRUCTEDTO MNDOT ADA SPECIFICATIONS. SEE SHEETS 15 TO 20 FOR DETAILS4. A MINIMUM BOULEVARD OF 5' SHALL BE MAINTAINED BETWEEN THE FLOWLINE AND THE EDGE OF TRAIL.5. A MINIMUM CLEAR ZONE OF 2 FEET SHALL BE MAINTAINED BETWEEN ANYOBSTRUCTIONS AND THE EDGE OF TRAIL.EXISTING DRAINAGE UTILITY EASEMENTPROPOSED CONSTRUCTION LIMITSEXISTING ROWEXISTING WATERMAINEXISTING OVERHEAD POWEREXISTING COMMUNICATIONSTRM FESFIRE HYDRANTGATE VALVESTHYDVWSTRM MHSTRM CBEXISTING TRAIL EASEMENTPROPOSED BITUMINOUS TRAILPROPOSED BITUMINOUS SAWCUT, REMOVAL & PATCHPROPOSED CONCRETE CURB OR PEDESTRIAN RAMPPROPOSED TRUNCATED DOMESEXISTING SANITARY SEWERPROPOSED STORM SEWERCLEAR AND GRUB TREEIOHPCTV>>>>EXISTING STORM SEWER>>IIIEXISTING WATER MAINDRAINAGE ARROWX.X%GUTTER SLOPE FLOW DIRECTIONpage 49 PP >>>||||||||||>OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGP>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>GGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGUGPUGPUGPUGP UGP UGPUGPUGP>>>>>>>>>>>>>>>>>>>>>>>>>>>>>ST> > > >>>ST >>>>>>>>>>>>>>>>>>>>>>>>>>>>>ST> > > >>>ST 700 WESLEY LNCITY OFMENDOTAHEIGHTS715 LINDEN STCITY OFMENDOTA HEIGHTS8718698708718728738748708718728738748768758778738728788808808813. 0 ' 5. 0 ' 8. 0 ' 3.0'5.0'8.0'1.8' 8. 0 ' 5. 0 ' 3. 0 ' 8. 0 ' 5. 0 ' 3. 0 'SEE SHEETS 60 TO 62 FOR STORM SEWER CONSTRUCTION5+006+007+00879874EXISTING ROWCONSTRUCTION LIMITSCONSTRUCTION LIMITSEXISTING PROPERTY LINEEXISTING ROWEXISTING ROWEXISTING ROWCONSTRUCTION LIMITSREMOVE 24"CULVERTEXISTING DRAINAGE UTILITY EASEMENT(10' FROM EXISTING ROW)℄ DODD ROADEXISTING PROPERTY LINEREMOVE BITUMINOUSDRIVEREMOVE 24"CULVERTMOVE POWER POLE (BY OTHERS)B624 CURB & GUTTERSAWCUT & PATCH BITUMINOUS.USE EXISTING ROAD SLOPE TO SET GUTTERELEVATION (SEE TYPICAL SECTION SHEET 10)STRIP ALL EXISTING TOPSOIL IN AREAS TO BEDISTURBED BY CONSTRUCTION(PAID FOR AS COMMON EXCAVATION) ANDREUSE AS TOPSOIL WITHIN PROJECTLIMITS (PAID FOR AS COMMON BORROW (CV)).DODD ROADK:\g-m\MendotaHeights-City\16948000\04_Production\01_CAD\02_Sheets\11+00 TO 13+00 - DODD TRAIL.dwg May 15, 2019 - 2:58pm 444 Cedar Street, Suite 1500Saint Paul, MN 55101651.292.4400tkda.comDESCRIPTION OF REVISIONSNO. DATE BYDESIGNEDDRAWNCHECKEDCITY OF MENDOTA HEIGHTS, MINNESOTASHEET NO. OF 87 SHEETS2019 STREET IMPROVEMENTSS.A.P. 140-101-011 S.A.P. 140-010-006FILENAME:PLOT DATE:NAME:SIGNATURE:LIC. NO.:DATE:56LPPSPBLPPLARRY POPPLER410055/6/2019--- --- --- ------ --- --- ------ --- --- ------ --- --- ------ --- --- ---I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OF MN.DODD TRAIL (4+00 TO 6+50)>>SCALE IN FEET0 5 1020GENERAL NOTES:1. SALVAGE AND INSTALL ALL SIGNS AS DIRECTED BY THE ENGINEER. SEESHEETS 72 TO 78 FOR SIGNING AND STRIPING DETAILS.2. CONSTRUCTION LIMITS EXTEND TO ROW (OR TEMPORARY GRADINGEASEMENT) IN CONSTRAINED AREAS.3. ALL PEDESTRIAN RAMPS AND DRIVEWAY APRONS SHALL BE CONSTRUCTEDTO MNDOT ADA SPECIFICATIONS. SEE SHEETS 15 TO 20 FOR DETAILS4. A MINIMUM BOULEVARD OF 5' SHALL BE MAINTAINED BETWEEN THE FLOWLINE AND THE EDGE OF TRAIL.5. A MINIMUM CLEAR ZONE OF 2 FEET SHALL BE MAINTAINED BETWEEN ANYOBSTRUCTIONS AND THE EDGE OF TRAIL.EXISTING DRAINAGE UTILITY EASEMENTPROPOSED CONSTRUCTION LIMITSEXISTING ROWEXISTING WATERMAINEXISTING OVERHEAD POWEREXISTING COMMUNICATIONEXISTING TRAIL EASEMENTPROPOSED BITUMINOUS TRAILPROPOSED BITUMINOUS SAWCUT, REMOVAL & PATCHEXISTING SANITARY SEWERPROPOSED STORM SEWERIOHPCTV>>>>EXISTING STORM SEWER>>IIIEXISTING WATER MAINSTRM FESFIRE HYDRANTGATE VALVESTHYDVWSTRM MHSTRM CBPROPOSED TRUNCATED DOMESCLEAR AND GRUB TREEDRAINAGE ARROWX.X%GUTTER SLOPE FLOW DIRECTIONPROPOSED CONCRETE CURB OR PEDESTRIAN RAMPpage 50 PP PP HY DPP >>>>>>VW VW|||||||||||||OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGP>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>GGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGUGP UGPUGPUGPUGPUGPUGPUGPUGPUGPUGP U G P U G P U G P U G P U G P UGPUGPUGPUGP UGP UGPUGPUGP UGP UGP UGP UGP UGP UGP>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>ST>>>HY DVW >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>ST>>>HY DVW HY DVW 700 WESLEY LN715 LINDEN ST700 WESLEY LN87787888088 1 882883884 8808818828838848858868873.0'5.0' 3.0'5.0'8.0' 1.8' 3.0'5.0'8.0'3.0'11.9'8.0'6+007+008+009+0087988 2 EXISTING ROWEXISTING PROPERTY LINEEXISTING ROWCONSTRUCTION LIMITSEXISTING ROWREMOVE 18" STRMSEWER, CBMH & FESCONSTRUCTION LIMITSEXISTING DRAINAGE UTILITY EASEMENT(10' FROM EXISTING ROW)℄ DODD ROADREMOVE BITUMINOUSDRIVEREMOVE 24"CULVERTREMOVE GATE VALVE, 6 LFOF W/M, & HYDRANTMOVE POWER POLE(BY OTHERS)REMOVE RIPRAP IN DITCHREMOVE RIPRAP IN DITCHB624 CURB & GUTTERSAWCUT & PATCH BITUMINOUS. USEEXISTING ROAD SLOPE TO SET GUTTERELEVATION (SEE TYPICAL SECTION SHEET 10)B624 CURB & GUTTERSAWCUT & PATCH BITUMINOUS. USE EXISTINGROAD SLOPE TO SET GUTTER ELEVATION(SEE TYPICAL SECTION SHEET 10)MOVE POWER POLES(BY OTHERS)F&I HYDRANT,6" GATE VALVE & BOX,6 LF-6" DIP CL53 W/MSTRIP ALL EXISTING TOPSOIL IN AREASTO BE DISTURBED BY CONSTRUCTION(PAID FOR AS COMMON EXCAVATION)AND REUSE AS TOPSOIL WITHINPROJECTLIMITS (PAID FOR AS COMMON BORROW(CV)).STRIP ALL EXISTING TOPSOIL IN AREAS TO BEDISTURBED BY CONSTRUCTION(PAID FOR AS COMMON EXCAVATION) ANDREUSE AS TOPSOIL WITHIN PROJECTLIMITS (PAID FOR AS COMMON BORROW (CV)).G900G901G902G903G904G9C15.0'4.7'11.9'6"G1000G1001G1002R25.0K:\g-m\MendotaHeights-City\16948000\04_Production\01_CAD\02_Sheets\11+00 TO 13+00 - DODD TRAIL.dwg May 15, 2019 - 2:58pm 444 Cedar Street, Suite 1500Saint Paul, MN 55101651.292.4400tkda.comDESCRIPTION OF REVISIONSNO. DATE BYDESIGNEDDRAWNCHECKEDCITY OF MENDOTA HEIGHTS, MINNESOTASHEET NO. OF 87 SHEETS2019 STREET IMPROVEMENTSS.A.P. 140-101-011 S.A.P. 140-010-006FILENAME:PLOT DATE:NAME:SIGNATURE:LIC. NO.:DATE:57LPPSPBLPPLARRY POPPLER410055/6/2019--- --- --- ------ --- --- ------ --- --- ------ --- --- ------ --- --- ---I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OF MN.DODD TRAIL (6+50 TO 9+00)WESLEY LANE DODD ROAD>>INDICATES PEDESTRIAN RAMP - SLOPESHALL BE BETWEEN 2.0% MINIMUM AND5.0% MAXIMUM IN THE DIRECTION SHOWNAND CROSS SLOPE SHALL NOT EXCEED 2.0%LANDING PANEL(S) - TO BE USED FORCHANGE OF GRADE OR DIRECTION. SLOPESHOULD BE 2% OR LESS IN ALL DIRECTIONSAND BE A MINIMUM OF 4' BY 4'.SCALE IN FEET0 5 1020GENERAL NOTES:1. SALVAGE AND INSTALL ALL SIGNS AS DIRECTED BY THE ENGINEER. SEESHEETS 72 TO 78 FOR SIGNING AND STRIPING DETAILS.2. CONSTRUCTION LIMITS EXTEND TO ROW (OR TEMPORARY GRADINGEASEMENT) IN CONSTRAINED AREAS.3. ALL PEDESTRIAN RAMPS AND DRIVEWAY APRONS SHALL BE CONSTRUCTEDTO MNDOT ADA SPECIFICATIONS. SEE SHEETS 15 TO 20 FOR DETAILS4. A MINIMUM BOULEVARD OF 5' SHALL BE MAINTAINED BETWEEN THE FLOWLINE AND THE EDGE OF TRAIL.5. A MINIMUM CLEAR ZONE OF 2 FEET SHALL BE MAINTAINED BETWEEN ANYOBSTRUCTIONS AND THE EDGE OF TRAIL.EXISTING DRAINAGE UTILITY EASEMENTPROPOSED CONSTRUCTION LIMITSEXISTING ROWEXISTING WATERMAINEXISTING OVERHEAD POWEREXISTING COMMUNICATIONEXISTING TRAIL EASEMENTPROPOSED BITUMINOUS TRAILPROPOSED BITUMINOUS SAWCUT, REMOVAL & PATCHPROPOSED CONCRETE CURB OR PEDESTRIAN RAMPEXISTING SANITARY SEWERPROPOSED STORM SEWERIOHPCTV>>>>EXISTING STORM SEWER>>IIIEXISTING WATER MAINSTRM FESFIRE HYDRANTGATE VALVESTHYDVWSTRM MHSTRM CBPROPOSED TRUNCATED DOMESCLEAR AND GRUB TREEDRAINAGE ARROWX.X%GUTTER SLOPE FLOW DIRECTION3.0%G9 POINT TABLEPOINT NUMBER E N Z HEIGHT NOTEG900 550707.77 251703.11 883.98 6"BEGING901 550699.77 251702.93 883.74 6"CBG902 550684.49 251699.50 883.63 0"TAPERG903 550673.04 251687.84 883.50 0"TAPERG904 550672.02 251684.93 883.48 6"ENDG9C 550695.94 251678.20- -R25' TO FACE OFCURBpage 51 HY DPP PP PP >>>>VW VW ||||||||||||||OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGP>>>>G G G G G UGPUGPUGPUGP U G P >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>GGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGUGP UGPUGPUGPUGPCTVCTVCTVCTVCTVCTVCTVCTVCTVCTV CTV CTV>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>HY DVW >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>HY DVW >>HY DVW 721 WESLEY LN884885886886887888886 3.0 ' 5.0' 3.0'5.0'8.0'3.0'11.9'8.0' 15.0' 4.3' 10.1' 8.0'SEE SHEETS 60 TO 62 FOR STORM SEWER CONSTRUCTION9+0010+0011+00EXISTING ROWCONSTRUCTION LIMITSREMOVE 18" STRMSEWER, CBMH & FESPROTECT EXISTING RETAININGWALL (INCIDENTAL)EXISTING ROWCONSTRUCTION LIMITSREMOVE 12" STRM SEWER AND CBMHEXISTING DRAINAGE UTILITY EASEMENT(30' FROM EXISTING ROW)EXISTING DRAINAGE UTILITY EASEMENT(10' FROM EXISTING ROW)℄ DODD ROAD℄ DODD ROADREMOVE GATE VALVE, 6 LFOF W/M, & HYDRANTMOVE POWER POLE (BY OTHERS)MOVE POWER POLE(BY OTHERS)MOVE POWER POLE (BY OTHERS)REMOVE EXISTING B624 CURB AND GUTTERB624 CURB & GUTTERSAWCUT & PATCH BITUMINOUS. USE EXISTINGROAD SLOPE TO SET GUTTER ELEVATION(SEE TYPICAL SECTION SHEET 10)B624 CURB & GUTTERSAWCUT & PATCH BITUMINOUS.MODIFY SHOULDER SLOPE TO MATCH GUTTER ELEVATION.F&I HYDRANT,6" GATE VALVE & BOX,6 LF-6" DIP CL53 W/MSTRIP ALL EXISTING TOPSOIL IN AREAS TO BEDISTURBED BY CONSTRUCTION(PAID FOR AS COMMON EXCAVATION) ANDREUSE AS TOPSOIL WITHIN PROJECTLIMITS (PAID FOR AS COMMON BORROW (CV)).G900G901G902G903G904G9CG100415.0'4.7'11.9'6"6"6"G1000G1001G1002G1003G10C1885884R25 . 0 R20.0' K:\g-m\MendotaHeights-City\16948000\04_Production\01_CAD\02_Sheets\11+00 TO 13+00 - DODD TRAIL.dwg May 15, 2019 - 2:58pm 444 Cedar Street, Suite 1500Saint Paul, MN 55101651.292.4400tkda.comDESCRIPTION OF REVISIONSNO. DATE BYDESIGNEDDRAWNCHECKEDCITY OF MENDOTA HEIGHTS, MINNESOTASHEET NO. OF 87 SHEETS2019 STREET IMPROVEMENTSS.A.P. 140-101-011 S.A.P. 140-010-006FILENAME:PLOT DATE:NAME:SIGNATURE:LIC. NO.:DATE:58LPPSPBLPPLARRY POPPLER410055/6/2019--- --- --- ------ --- --- ------ --- --- ------ --- --- ------ --- --- ---I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OF MN.DODD TRAIL (9+00 TO 11+00)WESLEY LANEDODD ROAD>>INDICATES PEDESTRIAN RAMP - SLOPESHALL BE BETWEEN 2.0% MINIMUM AND5.0% MAXIMUM IN THE DIRECTION SHOWNAND CROSS SLOPE SHALL NOT EXCEED 2.0%LANDING PANEL(S) - TO BE USED FORCHANGE OF GRADE OR DIRECTION. SLOPESHOULD BE 2% OR LESS IN ALL DIRECTIONSAND BE A MINIMUM OF 4' BY 4'.SCALE IN FEET0 5 1020GENERAL NOTES:1. SALVAGE AND INSTALL ALL SIGNS AS DIRECTED BY THE ENGINEER. SEESHEETS 72 TO 78 FOR SIGNING AND STRIPING DETAILS.2. CONSTRUCTION LIMITS EXTEND TO ROW (OR TEMPORARY GRADINGEASEMENT) IN CONSTRAINED AREAS.3. ALL PEDESTRIAN RAMPS AND DRIVEWAY APRONS SHALL BE CONSTRUCTEDTO MNDOT ADA SPECIFICATIONS. SEE SHEETS 15 TO 20 FOR DETAILS4. A MINIMUM BOULEVARD OF 5' SHALL BE MAINTAINED BETWEEN THE FLOWLINE AND THE EDGE OF TRAIL.5. A MINIMUM CLEAR ZONE OF 2 FEET SHALL BE MAINTAINED BETWEEN ANYOBSTRUCTIONS AND THE EDGE OF TRAIL.EXISTING DRAINAGE UTILITY EASEMENTPROPOSED CONSTRUCTION LIMITSEXISTING ROWEXISTING WATERMAINEXISTING OVERHEAD POWEREXISTING COMMUNICATIONEXISTING TRAIL EASEMENTPROPOSED BITUMINOUS TRAILPROPOSED BITUMINOUS SAWCUT, REMOVAL & PATCHPROPOSED CONCRETE CURB OR PEDESTRIAN RAMPEXISTING SANITARY SEWERPROPOSED STORM SEWERIOHPCTV>>>>EXISTING STORM SEWER>>IIIEXISTING WATER MAINSTRM FESFIRE HYDRANTGATE VALVESTHYDVWSTRM MHSTRM CBPROPOSED TRUNCATED DOMESCLEAR AND GRUB TREEDRAINAGE ARROWX.X%GUTTER SLOPE FLOW DIRECTION0.30%0.52%0.52%1.27%1.27%1.27%G9 POINT TABLEPOINT NUMBER E N Z HEIGHTNOTEG900 550707.77 251703.11 883.98 6"BEGING901 550699.77 251702.93 883.74 6"CBG902 550684.49 251699.50 883.63 0"TAPERG903 550673.04 251687.84 883.50 0"TAPERG904 550672.02 251684.93 883.48 6"ENDG9C 550695.94 251678.20- -R25' TO FACE OF CURBG10 POINT TABLEPOINT NUMBER E N Z HEIGHTNOTEG1000 251736.22 550699.35 883.61 6"BEGIN, CBG1001 550679.45 251736.86 883.86 0"TAPERG1002 550667.68 251745.79 884.06 0"TAPERG1003 550661.41 251820.15 885.00 6"CBG1004 550658.60 251923.53 885.54 6"CBG1005 550664.92 251996.69 885.76 6"HIGH POINTG1006 550677.89 252062.14 885.61 6"CBG1007 550677.89 252062.14 885.53 0"TAPERG1008 550690.36 252069.73 884.46 0"TAPERG1009 550695.11 252070.05 885.446"END, CBG10C1 550684.80 251756.13- -R20' TO FACE OF CURBG10C2 550693.80 252050.03 - - R20' TO FACE OF CURBpage 52 PP PPVW|||||||||||||OHPOHPOHPOHPOHPOHPOHPOHPOHP OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGP>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>GGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGG G G G G G G G OHPOHP UGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGP UGPUGPUGPUGPUGPUGPUGPCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTV ||||>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>1844 DODD RD718 MAGER CT886886 887 888888887 8863.0'3.0'5.0'8.0' 3.0'5.0'8.0' 10.1'15.0'8.0'SEE SHEETS 60 TO 62 FOR STORM SEWER CONSTRUCTION13+0411+0012+0013+00EXISTING ROWEXISTING ROWEXISTING ROWCONSTRUCTION LIMITSCONSTRUCTION LIMITSEXISTING ROWCONSTRUCTION LIMITSEXISTING DRAINAGE UTILITY EASEMENT(30' FROM EXISTING ROW)EXISTING DRAINAGE UTILITY EASEMENT(10' FROM EXISTING ROW)℄ DODD ROADMOVE POWER POLE (BY OTHERS)℄ DODD ROADREMOVE EXISTING B624CURB AND GUTTERREMOVE EXISTING B624 CURB AND GUTTERREMOVE ANDREPLACE CURBB624 CURB & GUTTERSAWCUT & PATCH BITUMINOUS.MODIFY SHOULDER SLOPE TO MATCH GUTTER ELEVATION.B624 CURB & GUTTERSAWCUT & PATCH BITUMINOUS.MODIFY SHOULDER SLOPE TO MATCH GUTTER ELEVATION.STRIP ALL EXISTING TOPSOIL IN AREAS TO BEDISTURBED BY CONSTRUCTION(PAID FOR AS COMMON EXCAVATION) ANDREUSE AS TOPSOIL WITHIN PROJECTLIMITS (PAID FOR AS COMMON BORROW (CV)).G1005HIGH POINTGUTTER ELE = 885.76STATION 11+676"6"TRANSITION TO B618CURB & GUTTERG1008G1009G1007G1006G1004G10C2R20.0'K:\g-m\MendotaHeights-City\16948000\04_Production\01_CAD\02_Sheets\11+00 TO 13+00 - DODD TRAIL.dwg May 15, 2019 - 2:58pm 444 Cedar Street, Suite 1500Saint Paul, MN 55101651.292.4400tkda.comDESCRIPTION OF REVISIONSNO. DATE BYDESIGNEDDRAWNCHECKEDCITY OF MENDOTA HEIGHTS, MINNESOTASHEET NO. OF 87 SHEETS2019 STREET IMPROVEMENTSS.A.P. 140-101-011 S.A.P. 140-010-006FILENAME:PLOT DATE:NAME:SIGNATURE:LIC. NO.:DATE:59LPPSPBLPPLARRY POPPLER410055/6/2019--- --- --- ------ --- --- ------ --- --- ------ --- --- ------ --- --- ---I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OF MN.DODD TRAIL (11+00 TO 13+00)MAGER COURT DODD ROAD>>SCALE IN FEET0 5 1020GENERAL NOTES:1. SALVAGE AND INSTALL ALL SIGNS AS DIRECTED BY THE ENGINEER. SEESHEETS 72 TO 78 FOR SIGNING AND STRIPING DETAILS.2. CONSTRUCTION LIMITS EXTEND TO ROW (OR TEMPORARY GRADINGEASEMENT) IN CONSTRAINED AREAS.3. ALL PEDESTRIAN RAMPS AND DRIVEWAY APRONS SHALL BE CONSTRUCTEDTO MNDOT ADA SPECIFICATIONS. SEE SHEETS 15 TO 20 FOR DETAILS4. A MINIMUM BOULEVARD OF 5' SHALL BE MAINTAINED BETWEEN THE FLOWLINE AND THE EDGE OF TRAIL.5. A MINIMUM CLEAR ZONE OF 2 FEET SHALL BE MAINTAINED BETWEEN ANYOBSTRUCTIONS AND THE EDGE OF TRAIL.EXISTING DRAINAGE UTILITY EASEMENTPROPOSED CONSTRUCTION LIMITSEXISTING ROWEXISTING WATERMAINEXISTING OVERHEAD POWEREXISTING COMMUNICATIONEXISTING TRAIL EASEMENTPROPOSED BITUMINOUS TRAILPROPOSED BITUMINOUS SAWCUT, REMOVAL & PATCHPROPOSED CONCRETE CURB OR PEDESTRIAN RAMPEXISTING SANITARY SEWERPROPOSED STORM SEWERIOHPCTV>>>>EXISTING STORM SEWER>>IIIEXISTING WATER MAINSTRM FESFIRE HYDRANTGATE VALVESTHYDVWSTRM MHSTRM CBPROPOSED TRUNCATED DOMESCLEAR AND GRUB TREEDRAINAGE ARROWX.X%GUTTER SLOPE FLOW DIRECTIONINDICATES PEDESTRIAN RAMP - SLOPESHALL BE BETWEEN 2.0% MINIMUM AND5.0% MAXIMUM IN THE DIRECTION SHOWNAND CROSS SLOPE SHALL NOT EXCEED 2.0%LANDING PANEL(S) - TO BE USED FORCHANGE OF GRADE OR DIRECTION. SLOPESHOULD BE 2% OR LESS IN ALL DIRECTIONSAND BE A MINIMUM OF 4' BY 4'.0.30%0.30%0.30%0.52%0.52%0.45%0.45%G10 POINT TABLEPOINT NUMBER E N Z HEIGHT NOTEG1000 251736.22 550699.35 883.61 6"BEGIN, CBG1001 550679.45 251736.86 883.86 0"TAPERG1002 550667.68 251745.79 884.06 0"TAPERG1003 550661.41 251820.15 885.00 6"CBG1004 550658.60 251923.53 885.54 6"CBG1005 550664.92 251996.69 885.76 6" HIGH POINTG1006 550677.89 252062.14 885.61 6"CBG1007 550677.89 252062.14 885.53 0"TAPERG1008 550690.36 252069.73 884.46 0"TAPERG1009 550695.11 252070.05 885.446"END, CBG10C1 550684.80 251756.13- -R20' TO FACE OFCURBG10C2 550693.80 252050.03 - -R20' TO FACE OFCURBpage 53 19+0020+0020+64.37HYDVW VWWATPPPPSTSTTOHP OHP OHP OHP OHP OHP OHP OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPCTV CTV CTV CTV CTV CTVCTVCTVCTVCTVCTVUGP UGP UGP UGP UG P UG P UG P UG P UG P UG P UG P UG P UG P G G G G G G G GGGGGGGGGGGGGGGGGGGGGOHP OHP OHP OHP OHPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPCTVCTVCTVCTVCTVCTVCTVCTVCTV3.0R30.02.08.05.0K:\g-m\MendotaHeights-City\16948000\04_Production\01_CAD\02_Sheets\INTERSECTION DETAIL - DODD ROAD.dwg May 15, 2019 - 2:56pm 444 Cedar Street, Suite 1500Saint Paul, MN 55101651.292.4400tkda.comDESCRIPTION OF REVISIONSNO. DATE BYDESIGNEDDRAWNCHECKEDCITY OF MENDOTA HEIGHTS, MINNESOTASHEET NO. OF 87 SHEETS2019 STREET IMPROVEMENTSS.A.P. 140-101-011 S.A.P. 140-010-006DO D D R O A D MARIE AVENUEMARIE AVENUE AND DODD ROADFILENAME:PLOT DATE:NAME:SIGNATURE:LIC. NO.:DATE:52LPPSPBLPPLARRY POPPLER410053/31/2019--- --- --- ------ --- --- ------ --- --- ------ --- --- ------ --- --- ---I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OF MN.INTERSECTION DETAIL - DODD ROADSAWCUTREMOVE EXISTINGCURB AND GUTTERSAWCUTMATCH EXISTING C/L0"6"6"0"END CURB REMOVAL(TO NEAREST PANEL)MATCH EXISTING ELEVATIONGENERAL NOTES:1. LOCATIONS OF EXISTING PROPERTY LINES, UTILITIES, CENTERLINES AND GRADINGARE BASED ON BEST AVAILABLE INFORMATION AND ARE APPROXIMATE. CONTRACTORSHALL FIELD VERIFY LOCATIONS AND DIMENSIONS OF ALL PERTINENT EXISTING ITEMSPRIOR TO CONSTRUCTION. ALL INPLACE UTILITIES MAY NOT BE SHOWN ON THIS PLAN,AND THOSE THAT ARE SHOWN MAY NOT BE SHOWN IN THE EXACT LOCATIONS.2. ALL CONSTRUCTION ACTIVITIES ARE TO BE CONFINED TO EXISTING RIGHT OF WAYUNLESS OTHERWISE AUTHORIZED BY OWNER AND ENGINEER.3. CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT LEAST 48 HOURS PRIORTO START OF ANY EXCAVATION ACTIVITIES.4. PROTECT MAILBOXES. CONTRACTOR MUST REMOVE AND REINSTALL MAILBOXES IFIMPACTED BY CONSTRUCTION. (INCIDENTAL)5. MAINTAIN A MINIUMUM 6' PEDESTRIAN ACCESS ROUTE (PAR) OBSTRUCTION TOOBSTRUCTION AND/OR OBSTRUCTION TO EDGE OF WALK.6. SEE PAGES 15 TO 20 FOR PEDESTRIAN RAMP DETAILS.7. YARD IMPACTS TO BE RESTORED WITH TOPSOIL AND HYDROMULCH UNLESSOTHERWISE NOTED.STRM APRONSANITARY MANHOLESTRM MANHOLESTRM CATCH BASINFIRE HYDRANTGATE VALVEVWHYDINDICATES PEDESTRIAN RAMP - SLOPESHALL BE BETWEEN 5.0% MINIMUM AND8.3% MAXIMUM IN THE DIRECTIONSHOWN AND CROSS SLOPE SHALL NOTEXCEED 2.0%INDICATES PEDESTRIAN RAMP - SLOPESHALL BE GREATER THAN 2.0% ANDLESS THAN 5.0% IN THE DIRECTIONSHOWN AND CROSS SLOPE SHALL NOTEXCEED 2.0%TRUNCATED DOMESTRANSITION PANEL(S) - TO BE USED FORTRANSITIONING THE CROSS-SLOPE OF ARAMP TO THE EXISTING WALK CROSS-SLOPE. RATE OF TRANSITION SHOULD BE0.5% PER 1 LINEAR FOOT OF WALK.SCALE IN FEET0 5 1020LANDING PANEL(S) - TO BE USED FORCHANGE OF GRADE OR DIRECTION. SLOPESHOULD BE 2% OR LESS IN ALL DIRECTIONSAND BE A MINIMUM OF 4' BY 4'.CONCRETE CURB ORPEDESTRIAN RAMPSTREET RECLAMATIONAREABITUMINOUS WALKINGTRAILSTDRAINAGE ARROW>PROPOSED STORM SEWER>EXISTING SANITARY SEWER>>IPROPOSED WATER MAINEXISTING WATER MAINIEXISTING STORM SEWERPROPOSED B618 CURB& GUTTER (TYPICAL)DOD D R O A D MARIE AVENUEKEYNOTES:RECLAIM BITUMINOUS SURFACE TO FULL DEPTH OR AS DIRECTED BY THE ENGINEER (FULL DEPTH RECLAMATION). DEPTH MAY VARY (11" AVERAGE DEPTH) (TYPICAL).REMOVE & STOCKPILE TO DEPTH RECLAIMED (STOCKPILE AGGREGATE) AND EXCAVATE 5" OF EXISTING SUBGRADE (COMMON EXCAVATION) AS DIRECTED BY THE ENGINEER.MIX RECLAIM MATERIAL AND 3" OF CRUSHED ROCK TO 10" DEPTH ASDIRECTED BY THE ENGINEER (SALVAGE MILLED BITUMINOUS & AGGREGATE FROM STOCKPILE).2" SP12.5 NON-WEARING COURSE BASE WITH 2" SP12.5 BINDER COURSE AND 2" SP9.5 WEARING COURSE (SEE TYPICAL SECTIONS SHEETS 7 TO 10).REMOVE EXISTING RINGS SALVAGE, REINSTALL AND ADJUST CASTING.SEE DETAIL SHEETS 11 TO 14 (TYPICAL).REMOVE AND REPLACE FULL CURB PANELS AS DIRECTED BY ENGINEER. SAWCUT AT EXISTING CURB JOINTS.ADJUST GATE VALVE TO GRADE (TYPICAL).1234123EXISTING BITUMINOUS TRAILREMOVE CURB AND GUTTERX.X%GUTTER SLOPE FLOWDIRECTION1. 3 9 %G703G701G7001.39%G702G7CG7 POINT TABLEPOINT NUMBER E N Z HEIGHT NOTEG700 550878.20 252815.62 875.99 6"BEGING701 550872.93 252803.45 875.80 0"TAPERG702 550859.79 252792.92 875.57 0"TAPERG703 550797.22 252790.42 874.69 6"ENDG7C 550848.35 252820.66 - -R30' TO FACE OFCURBpage 54 DATE: April 21, 2020 TO: Mayor, City Council, and City Administrator FROM: Cheryl Jacobson, Assistant City Administrator SUBJECT: COVID-19 Families First Coronavirus Response Act Leave Policy INTRODUCTION The City Council is asked to approve a COVID-19 Families First Coronavirus Response Act Leave Policy. BACKGROUND On March 18, 2020 President Trump signed the Families First Coronavirus Response Act (FFCRA), which includes provisions to assist employees and employers impacted by the Coronavirus/COVID- 19. The FFCRA includes the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act. As a general summary, the FFCRA provides Emergency Paid Sick Leave and Public Health Emergency Leave under the Family and Medical Leave Act to eligible full and part-time employees including: • Two weeks (up to 80 hours for full-time employees, hours are prorated for part-time employees) of paid sick leave at the employee’s regular rate of pay due to being unable to work because an employee is quarantined (pursuant to Federal, State, or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; OR • Two weeks (up to 80 hours for full-time employees, hours are prorated for part-time employees) of paid sick leave at two-thirds of an employee’s regular rate of pay because an employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a health care provider), or to care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19, and/or they are experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor; AND • Up to an additional 10 weeks of paid expanded family and medical leave (FMLA) at two-thirds an employee’s regular rate of pay when an employee, who has been employed for at least 30 calendar days, is unable to work due to a bona fide need for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19. page 55 Leave provided for under the FFCRA went into effect on April 1, 2020 and sunsets on December 31, 2020 unless otherwise amended. The City is required to provide Emergency Paid Sick Leave and extended FMLA leave under the FFCRA. The Emergency Paid Sick Leave benefits are in addition to and not in lieu of City provided benefits such as vacation leave, personal leave and extended disability leave. This temporary federal leave policy is an amendment to the City’s existing leave policies. This policy shall remain in effect until December 31, 2020. BUDGET IMPACT As it stands, the FFCRA implements significant mandates on local governments as employers, but expressly prohibits government employers from receiving dollar for dollar reimbursement through tax credits for all qualifying wages paid under the FFCRA. The impact of the provided leave on the City’s budget is yet to be determined and will be dependent upon how many employees utilize the benefits provided by federal law. RECOMMENDATION Staff recommends approving the COVID-19 Families First Coronavirus Response Act Leave Policy. ACTION REQUIRED If the Council concurs, it should, by motion, approve the COVID-19 Families First Coronavirus Response Act Leave Policy. page 56 City of Mendota Heights Personnel Code COVID- 19 Families First Coronavirus Response Act Leave Policy INTRODUCTION AND PURPOSE The Families First Coronavirus Response Act (FFCRA) requires government employers provide employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19. In compliance with the requirements of the FFCRA, the City of Mendota Heights (the “City”), adopts the following policy for Emergency Paid Sick Leave and Emergency Family and Medical (Public Health Emergency) Leave effective April 1, 2020 through December 31, 2020. EMERGENCY PAID SICK LEAVE Employee Eligibility Full and part time employees of the City who have been employed for a minimum of one calendar day as of April 1, 2020 are eligible. An employee is eligible to take leave related to COVID-19, if the employee is unable to work or work remotely for the following reasons: 1. The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19. 2. The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. 3. The employee is experiencing symptoms of COVID- 19 and seeking a medical diagnosis. 4. The employee is caring for an individual who is subject to a Federal, State or local quarantine or isolation order or as advised to by health care provider. 5. The employee is caring for a son or daughter whose school or place of care has been closed, or the child care provider is unavailable, due to COVID-19 precautions. 6. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor. Length of Leave Eligible employees will receive up to two weeks of Emergency Paid Sick Leave. Full-time employees qualify for up to 80 hours of leave. Part-time employees qualify for the average number of hours worked during a typical two-week period. The two-week period shall be determined by the City. An employee using Emergency Paid Sick Leave for qualifying reasons (1), (2), (3), (4) and (6) must take paid sick leave in full-day increments until either: 1) the full amount of leave is exhausted; or 2) there is no longer a qualifying reason for taking paid sick leave. Additionally, under these conditions an employee page 57 may qualify for Family and Medical Leave Act (FMLA) leave, which shall run concurrently with Emergency Paid Sick Leave, and all other regular FMLA policies and procedures shall apply. An employee using Emergency Paid Sick Leave for qualifying reason (5), may use the Emergency Paid Sick Leave intermittently or on a reduced schedule with the approval of the employee’s Department Head and Assistant City Administrator. Additionally, under this condition an employee may qualify for leave under the Public Health Emergency Leave. An employee may qualify for leave under two or more qualifying reasons, but an employee is only eligible for a maximum of 80 hours of Emergency Paid Sick Leave. An employee is not required to use other available paid leave before using Emergency Paid Sick Leave. Pay Benefits Under qualifying reasons (1), (2), and (3) an employee is paid 100% of their regular rate of pay up to $511 per day ($5,110 in total). Under qualifying reasons (4), (5), and (6) an employee is paid two-thirds of their regular rate of pay, up to $200 per day ($2,000 in total). Under these qualifying reasons, an employee may elect to supplement their pay with accrued vacation, extended disability, personal leave, or comp time, not to exceed 100% of their weekly gross salary. Emergency Paid Sick Leave Limits Emergency paid sick leave will expire on December 31, 2020. This leave will not carry forward and will not be paid to an employee upon separation of employment or at the end of the year. PUBLIC HEALTH EMERGENCY LEAVE (EMERGENCY FMLA) Public Health Emergency Leave is a temporary expansion of the Federal Family and Medical Leave Act (FMLA) and provides pay and benefit protection to an employee who is unable to work or work remotely due to caring for a son or daughter whose school or place of care has been closed, or whose child care provider is unavailable due a public health emergency. Employee Eligibility All current employees of the City who have been employed for a minimum of 30 calendar days as of April 1, 2020 are eligible for benefits under this section. Length of Leave Public Health Emergency Leave provides for a combination of up to 12 weeks of unpaid and paid leave. Leave taken under this policy shall count towards an employee’s total allotment of leave, for any qualifying reason, in a 12-month period under FMLA. Leave may be used intermittently or on a reduced schedule with the approval of the employee’s Department Director and the Assistant City Administrator. page 58 Pay Benefits The first 10 days of Public Health Emergency Leave are unpaid. An employee may elect to use paid leave (e.g. vacation leave, personal leave, extended disability or comp time) during the 10-day unpaid period, or the 10 days may be paid using Emergency Paid Sick Leave, if taken for a qualifying reason. After the initial 10 days, an employee may be entitled to up to 10 weeks of job protected leave at two- thirds their regular rate of pay up to $200 per day ($12,000 in the aggregate over a 12-week period— two weeks of paid emergency sick leave followed by up to 10 weeks of paid expanded family and medical leave). An employee may elect to supplement their pay with accrued vacation, personal leave, extended disability, and comp time, not to exceed 100 percent of their weekly gross salary. OTHER RIGHTS AND RESPONSIBILITIES UNDER FFCRA LEAVE Notifying the City of the Need for FFCRA Leave An employee should make their request for leave known as soon as possible, by notifying their immediate supervisor or Human Resources and filling out a request from. If an employee is incapacitated, the employee’s representative should give verbal notice as soon as possible. Calling in “sick” does not qualify as adequate notice. An employee must provide sufficient information regarding the reason for an absence for the City to know that protection and benefits may exist under this policy. Generally, the City will require certification to verify the qualifying reason for the leave. An employee should be prepared to provide documentation such as a copy of any quarantine or isolation order, or written note by a health care provider advising self-quarantine, or a notice of closure of school or childcare provider. It is understood that requesting healthcare provider documentation may place additional burden on the medical community; therefore, if an employee is unable to obtain documentation, at a minimum, the name, address, and phone number of the employee’s treating healthcare provider must be provided. The City of Mendota Heights reserves the right to request additional documentation completed by a healthcare provider or childcare provider in situations where there is reason to believe an employee has fraudulently obtained leave or paid benefits. Rights Upon Return from FFCRA Leave An employee who takes FFCRA leave may be reinstated to the same job or an equivalent position upon completion of the leave. If an individual has exhausted all leave under this policy and is still unable to return to work, the situation will be reviewed on a case-by-case basis to determine what rights and protections might exist. The law provides that an employee has no greater rights upon return from leave than the individual would have had if they had continued to work. Therefore, an employee may be affected by a layoff, reorganization, furlough, change in job duties, or other change in employment if the action would have occurred had the employee remained actively at work. page 59 DATE: April 21, 2020 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Village Lots Real Estate Purchase Agreement Date Extension Comment: Introduction: The Council is asked to approved a Second Amendment to the Real Estate Purchase Agreement with MH Development, LLC, which would extend the due diligence performance date for the City-owned Village Lots to June 30th. Background: At its April 7th meeting, the City Council voted to affirm earlier action which had been taken by the Mayor to extend the performance date for the essential due diligence items for the purchaser of the Village lots from March 30th, to April 30th. The reason for that extension was because of a delay then by banks being able to consider the developer’s application for financing of the apartment building/restaurant project. It was thought at the time that an additional thirty days would be sufficient to complete the financing work. However, developer Judd Fenlon has since reported that while he has been working closely with two banks to secure the financing, the recently enacted Federal COVID-19 stimulus package (Payroll Protection Program from the SBA) has inundated banks with those applications from small businesses which are trying to stay afloat. As a result, new projects appear to be taking a lesser priority for bank consideration. Mr. Fenlon has asked the City for an additional extension of time in order to allow for banks to process the MH Development LLC financing application. His original request was to be for a thirty days, until May 30th. However, after further consideration, it is our recommendation that an additional amount of time be approved so that the City Council won’t have to consider yet another extension. Therefore, staff is recommending that the new performance date be changed to June 30, 2020. The developer indicates that he hopes to be under construction well before then. All other aspects of the Real Estate Purchase Agreement will remain unchanged. Recommendation: It is recommended that the date for performance under 1. Contingency Date be changed from April 30, 2020, to June 30, 2020. The closing date remains to be within 30 days of that date. Action Required: If the Council concurs, it should pass a motion approving the Second Amendment to the Real Estate Purchase Agreement by and between the City of Mendota Heights and MH Development, LLC, which would extend the date for due diligence performance to June 30, 2020. Mark McNeill, City Administrator page 60 SECOND AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT This Second Amendment to Real Estate Purchase Agreement (the “Amendment”) is entered into by and between the CITY OF MENDOTA HEIGHTS, MINNESOTA, a municipal corporation and political subdivision under the laws of the State of Minnesota (the “Seller”) and MH DEVELOPMENT LLC, a Minnesota limited liability company (the “Buyer”), and is effective as of the 22nd day of April, 2020. A. The parties hereto have previously entered into a Real Estate Purchase Agreement, dated as of August 20, 2019 (the “Agreement”), in which the Seller has agreed to sell and the Buyer has agreed to buy real property located in “the Village at Mendota Heights” development consisting of 2.70 acres, legally described as Lot 1, Block 2, Lot 1, Block 3, Lot 2, Block 3, and Outlot D, all in the Mendota Heights Town Center plat, Dakota County, Minnesota. B. The parties hereto entered into a First Amendment to Real Estate Purchase Agreement, dated as of March 31, 2020, and ratified by the Mendota Heights City Council on April 7, 2020 (the “First Amendment”), which amendment extended the Contingency Date to April 30, 2020. The Closing Date is automatically scheduled to occur no later than 30 days after the Contingency Date. C. The parties hereto seek to further amend the Agreement to include extensions of time for the conclusion of the Contingency Date and the Closing Date. D. All capitalized but undefined terms in this Amendment shall have the same defined terms as provided in the Agreement. In consideration of the foregoing and of the following terms and conditions, the parties agree as follows: 1. Contingency Date. Section 4 of the Agreement (contingencies) shall be amended to change the Contingency Date from April 30, 2020, to June 30, 2020. 2. Closing Date. The parties understand and acknowledge the Closing Date will continue to be scheduled for 30 days after the Contingency Date, or such earlier date as agreed to by the parties in writing. 3. No Other Amendments. Other than as described in this Amendment and the First Amendment, the Agreement remains in full force and effect. Any future amendments to the Agreement must be agreed to in writing by the parties hereto. This Amendment may be executed in counterparts, with each counterpart consisting of an original document. [signatures on following page] page 61 Buyer and Seller have executed this Second Amendment to Real Estate Purchase Agreement. BUYER: MH Development LLC By:_____________________________ Name: Judd Fenlon_______________ Its: ____Manger__________________ SELLER: CITY OF MENDOTA HEIGHTS, MINNESOTA By:_____________________________ Name: Neil Garlock________________ Its: Mayor_______________________ By:_____________________________ Name: Lorri Smith________________ Its: City Clerk_______________________ page 62 page 63 page 64 page 65 page 66 page 67 page 68 page 69 page 70 page 71 page 72 page 73 REQUEST FOR COUNCIL ACTION DATE: April 21, 2020 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2020-30 Accept Bids and Award Contract for the Marie Avenue Street Improvements COMMENT: INTRODUCTION The Council is asked to approve Resolution 2020-30 accepting bids and awarding a contract for the Marie Avenue Street Improvement Project. BACKGROUND Council ordered the Marie Avenue Street Improvements at their January 15, 2019 meeting, and directed staff to prepare plans and specifications for this street reconstruction project. The plans were approved and authorized to bid at the March 17, 2020 meeting. DISCUSSION Five bids (see below) were received per the online bidding platform of QuestCDN on Wednesday, April 15, 2020, at 10:00 a.m. for the Marie Avenue Street Improvements. NAME OF BIDDER AMOUNT OF BID S.M. Hentges & Sons, Inc. $3,177,819.30 GMH Asphalt Corporation $3,271,377.81 Valley Paving, Inc. $3,276,676.25 Bituminous Roadways, Inc. $3,408,321.88 McNamara Contracting $3,607,846.50 S.M. Hentges & Sons, Inc. submitted the lowest responsible bid of $3,177,819.30. Their bid was less than the Engineer's Estimate of $3,600,000. S.M. Hentges & Sons, Inc. is a contractor with many years of experience with an office in Jordan, Minnesota. Staff recommends them for this contract. The substantial completion date for the project is November 2, 2018. We expect S.M. Hentges & Sons, Inc., serving in the capacity of General Contractor, is capable of meeting the completion dates and installing the proposed improvements in accordance with the plans and specifications given their experience and the amount of equipment and manpower they have at their disposal. Staff will mail out a general notice to the residents about the project if Council awards the contract, including information regarding the construction schedule. page 74 BUDGET IMPACT The Marie Avenue Street Improvements are proposed to be financed by Special Assessments, Municipal Bonds, Municipal State Aid, and Utility Funds. The total cost for the Marie Avenue Street Improvements is $3,177,819.30. The project costs are further expanded to include indirect costs for administration, engineering, finance, legal, etc.: The city is proposing to utilize Municipal State Aid funding for this project. The amount shown from this account is $1,366,502. The current balance in the MSA account is: MUNICIPAL STATE AID Current Balance $ 1,668,996 Estimated 2021 Allocation $ 503,438 Pilot Knob Road/Mendota Heights Road $ (100,000) Dodd Road Trail $ (400,000) Marie Avenue Street Rehabilitation $ (1,366,502) Balance $ 305,932 The MSA account will remain at a positive balance after the 2021 allocation. This allocation may be subject to change as it is funded through the State gas tax. RECOMMENDATION Staff recommends that the Council accept the bids and award the construction contract to Bituminous Roadways, Inc. for their bid in the amount of $3,177,819.30. ACTION REQUIRED If City Council wants to proceed with the project, it should pass a motion adopting A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE MARIE AVENUE STREET IMPROVEMENTS. This action requires a simple majority vote. COSTS Construction Indirect Costs Total Marie Avenue Street and Trail Work/Bridge $ 2,498,863 $ 374,829 $ 2,873,692 Watermain (Sutton to Dodd Road) $ 180,511 $ 27,077 $ 207,588 Dakota County Trail and Tunnel work $ 200,682 $ 30,102 $ 230,784 City Non - Part (Valley Park..etc) $ 52,444 $ 7,867 $ 60,310 Pond Sediment Removal $ 245,320 $ 36,798 $ 282,118 $ 3,177,819 $ 476,673 $ 3,654,492 FUNDING Tax Levy $ 1,254,000 Assessment $ 5,500.00 Assessments $ 313,500 Municipal State Aid $ 1,366,502 Bond Amt $ 1,567,500 Utility Fund - Water $ 207,588 Assess % 20% Utility Fund - Storm Sewer $ 282,118 Dakota County $ 230,784 $ 3,654,492 page 75 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-30 A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE MARIE AVENUE STREET IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for the proposed construction of bituminous pavement reclamation, aggregate base, concrete curb and gutter, concrete curb and gutter repair, catch basin repair, bituminous surfacing, land bridge work, pond excavation, watermain, storm sewer, trail and pedestrian improvements and appurtenant work of rehabilitating Marie Avenue from Lexington Avenue to Dodd Road, bids were received, opened, and tabulated according to law and the following bids were received complying with said advertisement: NAME OF BIDDER AMOUNT OF BID S.M. Hentges & Sons, Inc. $3,177,819.30 GMH Asphalt Corporation $3,271,377.81 Valley Paving, Inc. $3,276,676.25 Bituminous Roadways, Inc. $3,408,321.88 McNamara Contracting $3,607,846.50 and WHEREAS, the Public Works Director recommended that the lowest responsible bid submitted by S.M. Hentges & Sons, Inc. of Jordan, Minnesota, be accepted. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council as follows: 1. That the bids for the Marie Avenue Street Improvement project are hereby received and accepted. 2. That the bid of S.M. Hentges & Sons, Inc. of Jordan, Minnesota, submitted for the construction of the above described improvements be and the same is hereby accepted. 3. That the contract be awarded to S.M. Hentges & Sons, Inc. of Jordan, Minnesota, and that the Mayor and Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary to consummate the awarding of said bids. Adopted by the City Council of the City of Mendota Heights this twenty first day of April, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST ___________________________ _____________________________ Lorri Smith, City Clerk Neil Garlock, Mayor page 76 DATE: April 21, 2020 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Continuation of 2020 Fireworks Discussion Comment: Introduction: At the April 7th City Council meeting, the Council chose to table for two weeks a decision on whether to have the City sponsor the annual July 4th fireworks display. In order to continue with the discussion, a motion to remove the fireworks discussion from the table should be made and approved. Background: At the previous meeting, other than the overall cost consideration, the discussion focused on two major issues: • Question: If the vendor for the display, Northern Lighters Pyrotechnics (NLP) should go out of business, will the City would lose a $7000 down payment if it is made? Answer: NLP has stated that it is a non-profit 501c.3 organization, and that the group does fireworks as a sideline. They told me that NLP is not a business, and that it is “not going anywhere”. • Question: Will the Governor’s social distancing requirements allow for this sort of thing on July 4th? Answer: There is no way to know at this time. The other question which was discussed is, given the COVID-19 related financial issues to be facing the City, does the City Council want to make this expenditure of $14,000 of public funds? NLP did encourage the Council to make a decision soon, as it is concerned about the availability of product the longer that a decision is made, should it be determined to proceed. It should be noted that at a workshop held on April 16th, the Council made a preliminary decision to not have the City conduct athletic or recreational activities until July 6th. Action Required: The Council should first remove the tabled item for discussion, It should then make a decision as to whether or not to proceed with the 4th of July fireworks this year. If the decision is made to go ahead, the Council should, by motion, authorize the issuance of a check in the amount of $7000 as a down payment, and be issued payable to NLP. Mark McNeill, City Administrator page 77