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2022-04-05 Council Agenda Packet
CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA April 5, 2022 – 6:00 pm Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Approve March 9, 2022 City Council Minutes b. Acknowledge the January 19, 2022 Airport Relations Commission Meeting Minutes c. Acknowledge the February 22, 2022 Planning Commission Meeting Minutes d. Acknowledge the February 8, 2022 Parks and Recreation Commission Meeting Minutes e. Authorize Mayor/City Administrator to execute Certificate of Completion and Termination of Contract for Private Redevelopment – The Village of Mendota Heights f. Approve Resolution 2022-23 Approving an Administrative (Minor Development) MRCCA Permit to 1902 Glenhill Road – Erik Johnson (Planning Case. No. 2022-05) g. Approve Purchase of Police Department Radios h. Accept Notice of Retirement and Authorize City Clerk Position Recruitment i. Approve Use of Temporary Fence in Friendly Hills Park Outfield j. Approve a Temporary On-Sale Liquor License for Beth Jacob Congregation k. Out of Metro Area Travel Request for City Administrator and Assistant City Administrator l. Approve the Hiring of Recreation Program Coordinator m. Approve Public Works Site Improvements n. Approve Letter of Support for Dakota County to Pursue Trail Grants on Delaware Avenue o. Approve 2022 Street Sweeping Contract p. Approve 2022-2023 Minnesota Teamsters Local 320 Labor Agreement q. Approve Resolution 2022-22 State of Minnesota Joint Powers Agreements with the City of Mendota Heights on behalf of its City Attorney and Police Department r. Acknowledge February 2022 Fire Synopsis s. Approve the February 2022 Building Activity Report t. Approval of Claims List 6. Citizen Comment Period (for items not on the agenda) *See guidelines below 7. Presentations a. Fire Captain Oath of Office/Swearing In 8. Public Hearings - none 9. New and Unfinished Business a. Resolution 2022-24 Approving a Wetlands Permit to 790 Havenview Court – Peter & Teresa Molinaro (Planning Case. No. 2022-03) b. Resolution 2022-25 Approving a Wetlands Permit to 601 Pond View Drive – David & Jolene Sylvester (Planning Case. No. 2022-06) c. Consideration of the Eighth Amendment to Planned Unit Development Agreement for Mendota Plaza (the Developers Agreement) for New 58-Unit Apartments / Phase II The Reserve – At Home Apartments d. Dodd Road/South Plaza Drive Pedestrian Improvements and Traffic Solutions Update e. Establishment of the Mendota Heights Volunteer Program and Volunteer Policy Approval 10. Community Announcements 11. Council Comments 12. Adjourn Guidelines for Citizen Comment Period: The Citizen Comments section of the agenda provides an opportunity for the public to address the Council on items which are not on the agenda. All are welcome to speak. Comments should be directed to the Mayor. Comments will be limited to 5 minutes per person and topic; presentations which are longer than five minutes will need to be scheduled with the City Clerk to appear on a future City Council agenda. Comments should not be repetitious. Citizen comments may not be used to air personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council members will not enter into a dialogue with citizens, nor will any decisions be made at that presentation. Questions from the Council will be for clarification only. Citizen comments will not be used as a time for problem solving or reacting to the comments made, but rather for hearing the citizen for information only. If appropriate, the Mayor may assign staff for follow up to the issues raised. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Wednesday, March 9, 2022 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 4:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 4:00 p.m. Councilors Paper, and Mazzitello, were also present. Councilors Duggan and Miller were absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Paper seconded the motion. Ayes: 3 Nays: 0 CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Mazzitello moved approval of the consent calendar as presented, pulling items d., e., and f. a. Approval of March 1, 2021 City Council Minutes b. Approval of February 17, 2021 Council Work Session Minutes c. Authorize 2021 Auditing Services with BerganKDV d. Approve Professional Planning Services Agreement with Swanson Haskamp Consulting, LLC for the Zoning Ordinance Update Project e. Approve Resolution 2022-19 Approving an Administrative (Minor Development) MRCCA Permit to 1590 Diane Road - Joe and Ann Jameson (Planning Case No. 2022-04) f. Approve Purchase Order for Pedestrian Access Ramp on Warrior Drive g. Approve Resolution 2022-17 Approving Plans and Authorize an Advertisement for Bid for the Wentworth Warming House h. Approve Resolution 2022-20 Final Payment and Acceptance of the Mendota Heights Road Sanitary Sewer Project i. Acknowledge January 2022 Fire Synopsis j. Approval of Claims List Councilor Paper seconded the motion. Ayes: 3 Nays: 0 PULLED CONSENT AGENDA ITEMS D) APPROVE PROFESSIONAL PLANNING SERVICES AGREEMENT WITH SWANSON HASKAMP CONSULTING, LLC FOR THE ZONING ORDINANCE UPDATE PROJECT Councilor Mazzitello stated that he received a few calls from residents asking why the City did not go through a Request for Proposals process for this contract, and why it is being approved at this meeting which is not a regular meeting date. Community Development Director Tim Benetti stated that staff proposed this action at the February 22 work session meeting and intended to bring it forward to the City Council for official action to the March 1 or March 15 meeting. He stated that the March 15 meeting was rescheduled to today’s date and time as a quorum was not expected. Councilor Mazzitello noted that the rescheduled date of this meeting was decided upon at the February 15 regular Council meeting. He stated that this consultant assisted in completing the Comprehensive Plan and therefore has that knowledge. He stated that if the City were to RFP for this service now, with this price published, another contractor could have submitted a lesser price but the City would have ended up with an inferior product. Councilor Mazzitello moved to approve PROFESSIONAL PLANNING SERVICES AGREEMENT WITH SWANSON HASKAMP CONSULTING, LLC FOR THE ZONING ORDINANCE UPDATE PROJECT. Councilor Paper seconded the motion. Ayes: 3 Nays: 0 E) APPROVE RESOLUTION 2022-19 APPROVING AN ADMINISTRATIVE (MINOR DEVELOPMENT) MRCCA PERMIT TO 1590 DIANE ROAD - JOE AND ANN JAMESON (PLANNING CASE NO. 2022-04) Councilor Mazzitello stated that it is not often that the City receives administrative permits that come directly to the Council. He asked staff to provide input on why this did not go before the Planning Commission. Community Development Director Tim Benetti noted that this is one of the few cases when a MRCCA permit is not required to be reviewed by the Planning Commission and it can go directly to the Council. He stated that this parcel is over 270 feet from the bluff and the property does not have any impact to bluffs, bluff impact zone or any primary conservation area. He noted that this is simply a single-family lot in a MRCCA district. Mr. Jameson has been working with the Public Works Director over the past several years in an attempt to fix the grading issues on the property. He noted that the pergola meets the 144 square foot maximum for an accessory structure. The plantings have been agreed to be native plantings and/or pollinator friendly. He stated that this meets the specifications of a minor development. Councilor Mazzitello commented that there are seven items in the ordinance that need to be met in order to have administrative approval. He asked if the DNR has weighed in on this application. Director Benetti confirmed that the DNR was presented with the plans and maps of the area and deemed it to be an acceptable minor development proposal. Councilor Mazzitello moved to approve RESOLUTION 2022-19 APPROVING AN ADMINISTRATIVE (MINOR DEVELOPMENT) MRCCA PERMIT TO 1590 DIANE ROAD – JOE AND ANN JAMESON (PLANNING CASE NO. 2022-04). Councilor Paper seconded the motion. Ayes: 3 Nays: 0 F) APPROVE PURCHASE ORDER FOR A PEDESTRIAN ACCESS RAMP ON WARRIOR DRIVE Councilor Paper commented that he is glad the City is installing this pedestrian access ramp on Warrior Drive. He noticed that some parking will be removed and asked if that parking could be regained in another area. City Administrator Cheryl Jacobson stated that she can follow up w ith the Public Works Director on that request. Councilor Mazzitello commented that he is not entirely sure the corner lot is fully utilized and parking could be available there as well as the frontage road that is not fully utilized. Mayor Levine agreed that the City should attempt to provide as much parking for students as possible. Councilor Paper commented that the pedestrian ramp is the priority but also wants to be aware of the need for parking. Councilor Paper moved to approve PURCHASE ORDER FOR PEDESTRIAN ACCESS RAMP ON WARRIOR DRIVE. Councilor Mazzitello seconded the motion. Ayes: 3 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2021-21 ESTABLISHING PRECINCTS AND POLLING LOCATIONS City Clerk Lorri Smith explained that the Council was being asked to establish the City’s precinct boundaries and identify a polling place for each precinct as a result of the State Redistricting Plan recently approved by the Special Redistricting Panel. Clerk Smith noted that the city will remain in Congressional District 2. Precinct 1 in the city will see the most change, as it is moving from State Senate District 52 and Legislative District 52A, to Senate District 53 and Legislative District 53A. Precincts 2 and 3 will be moving from Legislative District 52A to 52B. Precincts 4 and 5 will see no changes to their districts. Clerk Smith noted that the section of Precinct 3 that is south of Highway 62 is proposed to be moved into Precinct 4. She noted that the boundary between Precincts 3 and 4 is proposed to run along Highway 62. Mayor Levine commented that when the publications are done, it would be helpful to mention voter registration. She noted that voters sometimes need to go to other polling places for the School District elections. Councilor Mazzitello commented that he is not happy that the city is split between two State Senate and Legislative districts but recognized that there is nothing the City can do about that. Councilor Paper moved to approve RESOLUTION 2021-21 ESTABLISHING VOTING PRECINCTS AND POLLING PLACES. Councilor Mazzitello seconded the motion. Ayes: 3 Nays: 0 B) PARKS, RECREATION AND PAR 3 ANNUAL REPORT Parks and Recreation Manager Meredith Lawrence provided a presentation on the 2021 accomplishments in relation to parks, recreation, and the Par 3 Golf Course. Councilor Mazzitello asked if the Par 3 financials are operational figures that do not take into account debt payments or the bonds. Manager Lawrence confirmed that those are operational numbers. She noted that staff time is included but the bond payments are not. Mayor Levine acknowledged that the Par 3 has come a long way, and with good management and customers, it has been able to make a small profit to fund equipment needs. Councilor Mazzitello commented that he is pleased there is a capital improvement plan for the Par 3 and parks. He stated that prioritizing and planning improvements is a benefit for the City. He is pleased to see adult golf lessons offered, as one of the City’s goals is to provide more programming for seniors. Councilor Paper noted that it is great to see this level of participation. He asked for an update on staffing. Manager Lawrence commented that staffing is a struggle, noting they will be able to open the clubhouse this spring. Councilor Paper noted that some programming has a related advertising mailing to residents and he asked if the Scott Patrick Memorial 5K walk/run has been mailed to residents. Manager Lawrence replied that the City has not done a mailing for the 5K this year, noting that plans are still being finalized. Councilor Paper referenced the senior golf pass and noted that the program will start much earlier this year. He asked if the City was able to implement any of the small changes previously discussed. City Administrator Cheryl Jacobson stated that she did pass on those suggestions on to Manager Lawrence to determine if any of those could be implemented. Councilor Paper commented that he would like to see that be as successful as possible and was hopeful that there would be more interest this year. Mayor Levine stated that she enjoys the expansion and innovative programing. She asked if there is a maximum age of employment for tennis and golf instructors. Manager Lawrence replied that there is not. Mayor Levine noted that there is a women’s league and two junior leagues . She asked if the City has considered a senior league. Manager Lawrence commented that senior leagues were planned for two years with only a few signups. She noted that there are private senior and men’s leagues that use the course. Mayor Levine recognized the number of rounds played last season and acknowledged the work of staff. Councilor Paper asked if the City has the capacity to allow online registrations for tee times at the golf course. Manager Lawrence replied that new software would be needed to do that, but staff will look at the options and present the pricing information to the Council. COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced that there were record setting registrations for park and recreation programing, which opened March 1st. She highlighted upcoming events for spring break and at the Par 3. COUNCIL COMMENTS Councilor Mazzitello stated that on this day in 1454, an Italian merchant, explorer, and map maker was born and later commissioned to map the new world. He stated that as legend would have it, he signed his name to the map which he returned to the Spanish crown and his name was Amerigo Vespucci, thus the naming of America. He also wished all Irish Americans a happy Saint Patrick’s Day next week. Councilor Paper noted that with the warming temperatures, the lakes and ponds will be melting. He discouraged people from going out on the ice. ADJOURN Councilor Paper moved to adjourn. Councilor Mazzitello seconded the motion. Ayes: 3 Nays: 0 Mayor Levine adjourned the meeting at 4:56 p.m. ____________________________________ Stephanie Levine Mayor ATTEST: _______________________________ Lorri Smith City Clerk CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MEETING MINUTES January 19, 2022 The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, January 19, 2022, at Mendota Heights City Hall, 1101 Victoria Curve. 1. Call to Order Acting Chair Sharma called the meeting to order at 6:00 pm. The following commissioners were present: Arvind Sharma, David Sloan, Kevin Byrnes, William Dunn, and Jim Neuharth. Absent (excused): Gina Norling, Jeff Hamiel. Staff present: City Administrator Cheryl Jacobson and Office Support Assistant Sheila Robertson. 2. Approval of Agenda Motion by Dunn/Second by Byrnes to approve the agenda. Discussion: Commissioner Sloan asked if the commission could address the strategic priorities without Chair Norling present. City Administer Jacobson stated that the commission could do so, if acting chair Sharma was comfortable with that. She noted that item 4a. should still be discussed tonight. Motion carried 5-0. 3. Approval of Minutes a. Approval of Minutes of the November 17, 2021 Regular Meeting Motion by Neuharth/Second by Sloan. No discussion. Motion carried 5-0. 4. Public Comments No public comments. 5. Unfinished and New Business a. Strategic Priority- Communications Plan City Administrator Jacobson summarized where they left off in relation to ARC Communication Priorities and noted that ARC is slated to publish an article in an upcoming newsletter. The City will increase the frequency of the quarterly “Heights Highlights” newsletter to a bimonthly publication. The deadline to submit an article for the March/April edition is on January 21, whereas the deadline to submit an article for the May/June edition is on March 25. Acting Chair Sharma suggested they try to get an article out in the spring or summer when the weather gets nicer and complaints increase. Commissioner Neuharth suggested May/June as a good option and noted he’ll work with Communications Coordinator Sharon Deziel to get some ideas together and send back the committee. Commissioner Dunn noted that one topic idea could be the explanation of 5G frequency band in regards to MSP Airport. City Administrator Jacobson asked if that topic would be too difficult to explain in a text format. Perhaps the article could relate 5G frequency band in regard to safety and technology. Commissioner Neuharth suggested that Brian Ryks, Executive Director of the MAC, would be a good resource on that topic. Acting Chair Sharma noted that for more information they could also ask a cell company such as Verizon. He suggested we use an article to explain why we have more noise. City Administrator Jacobson suggested we do a “general airport” piece, and then follow up in another issue to go deeper into a detailed topic. Commissioner Byrnes agreed that in May/June it’s noisier, and an article in November could provide a data recap or education to educate residents. Commissioner Sloan asked if there’s any value to explaining the ARC’s role. Commissioner Byrnes suggested that is a good idea, and could note at the end of an article. City Administrator Jacobson noted there has been some published notes about what ARC is in the weekly “Friday News”. Acting Chair Sharma suggested they review the article drafted by Commissioner Neuharth at the next meeting on March 17. This will allow the commissioners to edit and approve in real time. Commissioner Neuharth will send out a draft to the ARC members prior to the March meeting so edit. b. Strategic Priority- Noise Mitigation Commissioner Byrnes offered the idea to offer options for noise mitigation to those applying for permits. Commissioner Neuharth thought there once was a method to review prior to building in certain high noise areas. Commissioner Byrnes asked if the City’s permitting department could comment whether it’s an issue they see a lot or not. He will put together a draft of information for residents to use as a resource. City Administrator Jacobson will put that information on the City’s website and will review a physical handout/tip sheet for homeowners draft once Commissioner Byrnes completes it. 6. Acknowledge Receipt of Reports and Correspondence a. Review of Airport Operational Statistics (link: https://www.macenvironment.org/reports/) i. Complaint Information ii. Runway Use Information iii. Turboprop Information iv. Noise Monitor Information There are no new stats to review as the MAC’s website is currently down. City Administrator Jacobson is working with Michelle Ross for support and will hopefully have it resolved soon. b. News Articles There are no news articles to review. 7. Commissioner Comments There are no commissioner comments. 8. Adjourn Meeting Motion by Sloan/Second by Dunn to adjourn the meeting. Motion carried 5-0. Acting Chair Sharma adjourned the meeting at 6:40pm. Minutes taken by Sheila Robertson Office Support Assistant CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES FEBRUARY 22, 2022 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, February 22, 2022 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Commissioners Patrick Corbett, Sally Lorberbaum, Cindy Johnson, Michael Toth, and Andrew Katz. Those absent: Commissioner Brian Petschel. Election of Planning Commission Chair and Vice Chair for Year 2022 Community Development Director Tim Benetti noted that Commissioners Katz, Petschel and Toth did receive reappointment. He opened the floor for nominations for the position of Chair. Commissioner Lorberbaum nominated Litton Field for the position of Chair. Commissioner Katz nominated Patrick Corbett for the position of Chair. There were no other nominations. With a vote of 5 ayes to 1 nay (Katz), Litton Field was elected as Chair for 2022. Community Development Director Tim Benetti opened the floor for nominations for the position of Vice Chair. Chair Field nominated Sally Lorberbaum for the position of Vice Chair. There were no other nominations. With a unanimous vote, Sally Lorberbaum was elected as Vice Chair for 2022. Approval of January 25, 2022 Minutes COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER KATZ, TO APPROVE THE MINUTES OF JANUARY 25, 2022. AYES: 6 NAYS: 0 Hearings A) PLANNING CASE 2022-02 DISH WIRELESS/NCWPCS MPL SITE TOWER HOLDING LLC, 894 SIBLEY MEMORIAL HIGHWAY – CONDITIONAL USE PERMIT Community Development Director Tim Benetti explained that DISH Wireless is seeking a conditional use permit (CUP) for new cellular wireless antenna upgrades to an existing cellular monopole tower system, located at 894 Sibley Memorial Highway. Title 12-1D-14 of the Code requires CUP approval for any new or additional wireless antennas or systems to towers. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Commissioner Lorberbaum noted the equipment onsite and asked why fencing was never required. Community Development Director Tim Benetti commented that he was unaware of the equipment until he reviewed the site recently as well. He stated that if the Commission feels security fencing would be appropriate, this would be the time to make such request. Commissioner Lorberbaum asked who owns the land. Community Development Director Tim Benetti stated that the land is privately owned by NCWPCS MPL 27 YR Site Tower Holding LLC. Chair Field opened the public hearing. Jay Suriano, representing the applicant, stated that he is available to answer questions. He stated that it is common for sites to be fenced and agree that this site probably was not fenced because there was a shelter with no standalone equipment. He stated that while his client would not object to fencing, there would be a limitation on where fencing would be placed, and they would not want to fence the entire site. Commissioner Lorberbaum stated that she would like to see fencing around the equipment next to the building. Mr. Suriano confirmed that he could work with staff to develop the fencing plan. Commissioner Toth agreed that the fencing should be around the equipment to the building, perhaps 40 by 40. Mr. Suriano commented that he would estimate that distance at 50 feet. He suggested fencing the equipment to the shelter rather than fencing around the shelter. Commissioner Corbett asked the intention of the fencing, whether it is meant to provide safety for the general public or equipment. Commissioner Lorberbaum commented that her thought would be to have fencing to protect the equipment and keep general public away. Commissioner Corbett commented that it would seem the building is secure, and the fencing would be to protect the equipment. Mr. Suriano asked for clarification on the request for fencing. Commissioner Corbett suggested beginning the fencing at the shelter and then going around the tower and equipment. Mr. Suriano asked if there is a type of fence specified. Community Development Director Tim Benetti replied that while typically chain link fence would be allowed, a black vinyl coated fence would be preferred. Commissioner Corbett commented that perhaps someone should not be allowed to see through the fencing. Community Development Director Tim Benetti replied that chain link with slats would be acceptable. He commented that the area is probably well protected with security cameras from the neighboring building as well. Public Works Director Ryan Ruzek replied that black- or neutral-colored slats would be preferred. Chair Field noted that the details could be allocated for staff and the applicant to work out. Commissioner Johnson recognized the benefit of collocating. She asked if the combined ERP of both the AT&T equipment and DISH equipment would be at or below the required radio exposure. Mr. Suriano commented that the value will not exceed or come close to what is allowed by the Federal government. Commissioner Johnson stated that the tower is located in the MRCCA and reviewed the construction that is detailed within the application and report. She asked if there would be open soil and whether seeding would be needed. Mr. Suriano stated that the platform is a raised metal platform that sits on four pedestals. He commented that there is a weed barrier under the pedestals to stop things from growing into the pedestals. He stated that the remainder of the area has crushed rock and a weed barrier under that. He provided details on the ice bridge construction. He stated that the fiber will have two types of installation and provided details on that process. He noted that no grass will be disturbed. Commissioner Johnson asked if the applicant is aware of the come clean, leave clean policy of the DNR and provided additional details on that policy. Mr. Suriano stated that he understands the concept but cannot say he knows deeply about that. He believed that all of the equipment is cleaned before coming to the job site and believed they would comply with that. Commissioner Lorberbaum asked and received confirmation that a report related to structural safety has been received and will be reviewed by staff. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER JOHNSON, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT (CUP) TO ALLOW THE ADDITION OF NEW WIRELESS COMMUNICATION ANTENNA IMPROVEMENTS TO AN EXISTING MONOPOLE WIRELESS COMMUNICATIONS TOWER, LOCATED AT 894 SIBLEY MEMORIAL HIGHWAY, BASED ON THE FINDINGS-OF-FACT, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHALL ABIDE BY ALL REGULATIONS IN TITLE 12-1D-14 OF THE CITY CODE, AS OUTLINED IN THE FEBRUARY 2, 2022 PLANNING STAFF REPORT FOR PLANNING CASE NO. 2022-02. 2. THE APPLICANT SHALL MEET ALL FEDERAL COMMUNICATION COMMISSION (FCC) STANDARDS AND REGULATIONS RELATED TO THE OPERATION AND MAINTENANCE OF THESE NEW ANTENNA FEATURES. 3. THE APPLICANT MUST SUBMIT PROOF OF ANY APPLICABLE FEDERAL, STATE, OR LOCAL LICENSES TO THE COUNCIL PRIOR TO RECEIVING A BUILDING PERMIT. 4. A BUILDING PERMIT MUST BE APPROVED PRIOR TO ANY INSTALLATION OR NEW CONSTRUCTION WORK. THE APPLICANTS MUST PROVIDE THE NAME AND CONTACT INFORMATION OF A PRIVATE, THIRD-PARTY STRUCTURAL ENGINEERING INSPECTION FIRM OR STRUCTURAL INSPECTOR TO PROVIDE REPORTS TO THE CITY’S BUILDING OFFICIAL CONFIRMING ALL NEW WORK AND STRUCTURAL ADDITIONS WERE DONE IN ACCORDANCE WITH STATE OF MINNESOTA BUILDING CODES. 5. THE NEW ANTENNAS AND RELATED EQUIPMENT SHALL COMPLY WITH ALL APPLICABLE ELECTRICAL CODES. 6. THE NEW ANTENNA ARRAYS AND SUPPORTING STRUCTURAL MATERIALS SHALL BE PAINTED TO MATCH THE EXISTING PAINTED COLOR ON THE TOWER AND OTHER SYSTEMS. 7. NO ADDED LIGHTING OR ADVERTISEMENT OF ANY KIND, INCLUDING NOTICEABLE PROVIDER/COMPANY LOGO SHALL BE PLACED ON ANY PART OF THE ANTENNA ARRAYS, WHICH MAY BE NOTICEABLE OR VIEWED BY THE GENERAL PUBLIC FROM THE GROUND OR SURROUNDING PROPERTIES. 8. THE APPLICANT SHALL PROVIDE TO THE CITY, AS REQUIRED BY CITY CODE SECTION 12-1J-.H.1.b, AN ABANDONMENT BOND EQUAL TO ONE AND ONE HALF (1 -1/2) TIMES THE CURRENT COST OF REMOVAL AND DISPOSAL OF THE ANTENNA ARRAYS AND ANY SUPPORTING EQUIPMENT. 9. FENCING SHALL BE INSTALLED AROUND EQUIPMENT ON THE SITE THAT IS NOT PART OF THE STRUCTURAL BUILDING WITH A HEIGHT OF SIX FEET AND COMPOSED OF MATERIAL TO BE DETERMINED BY CITY STAFF AND THE APPLICANT. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its March 1, 2022 meeting. New/Unfinished Business Community Development Director Tim Benetti stated that At Home Apartments received approval for its Phase III project and noted that construction is anticipated to begin on Phase II yet this year. He stated that the City received a notice of stay from the District Court to hold off on any work or progress by the Culligan family until the case is fully heard or determined by the State’s Appellate Court. Commissioner Lorberbaum commented that it was stated during the review of the At Home Apartments request that the Planning Commission supported the State required size for handicap parking stalls but clarified that the Commission did not support that size and supported the recommended size for Mendota Heights. Adjournment COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER TOTH, TO ADJOURN THE MEETING AT 7:38 P.M. AYES: 6 NAYS: 0 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING FEBRUARY 8, 2022 The February meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, February 8, 2022, at Mendota Heights City Hall, 1101 Victoria Curve. 1. Call to Order – Recreation Program Coordinator Meredith Lawrence called the meeting to order at 6:30 p.m. 2. Roll Call – The following Commissioners were present: Jaffrey Blanks, Patrick Cotter, Bob Klepperich, Stephanie Meyer, Michelle Muller, and Amy Smith; absent: Commissioner Dan Sherer. Student Representative: Niko Hess. Staff present: Recreation Program Coordinator, Meredith Lawrence, and Public Works Director, Ryan Ruzek. 2.a Introduction of New Commissioner Recreation Program Coordinator Meredith Lawrence welcomed the new member of the Commission, Michelle Muller. Commissioner Muller and the other members of the Commission introduced themselves. 3. Election of Chairperson and Vice Chairperson Recreation Program Coordinator Meredith Lawrence called for nominations for the position of Chairperson. Motion Blanks/second Cotter to nominate Bob Klepperich as Chairperson. There were no other nominations. AYES 6: NAYS 0 Ms. Lawrence opened nominations for the position of Vice Chairperson. Motion Cotter/second Smith to nominate Jaffrey Blanks as Vice Chairperson. There were no other nominations. AYES 6: NAYS 0 4. Pledge of Allegiance The Pledge of Allegiance was recited. 5. Approval of Agenda Motion Meyer/second Blanks to approve the agenda as presented. AYES 6: NAYS 0 6.a Approval of Minutes from January 11, 2022 Regular Meeting Motion Cotter/second Meyer to approve the minutes of the January 11, 2022 Parks and Recreation Commission Regular Meeting. AYES 6: NAYS 0 7. Citizen Comment Period (for items not on the agenda) None. 8. Acknowledgement of Reports Chair Klepperich read the titles of the three updates (Par 3, Recreation, and Park Improvement Updates) and polled the Commissioners for questions. 8.a Par 3 Update Recreation Program Coordinator Meredith Lawrence briefly reviewed the financial report from December 2021 and highlighted comparisons from the previous year. She noted that she will provide an annual report that will be presented to the Commission in March or April. She noted that there are seasonal job openings for the course posted on the City website. She explained that they are preparing to open the course as soon as the weather allows. Commissioner Cotter commented that this is a positive report. He stated that it appears twice as much income was generated by programing, which reflects a lot of interest from the community in the great programs offered. He expressed appreciation to staff. Commissioner Meyer stated that the Commission previously discussed holding an event at the course in the spring or at the end of the season. She commented that it would be nice to hold an event involving the Parks and Planning commissions. Ms. Lawrence asked if the thought would be to hold a tournament. Commissioner Meyer agreed that could be an idea. Ms. Lawrence noted that she can add that to the March agenda. She stated that they are holding their first ever adult/junior tournament on April 9th; weather dependent. Chair Klepperich stated that he will work with Ms. Lawrence in attempt to plan an event and determine if there would be interest from the Planning Commission. 8.b Recreation Update Ms. Lawrence provided a summary of the recreation update, highlighting recent recreation programs and activities from the Frozen Fun Fest. Commissioner Meyer thanked staff for all the planning for Frozen Fun Fest, noting that it was a great start for a winter festival. She noted that perhaps they could review this in more detail in the future to provide input and plan for the next year. She stated that there are a lot of people out looking for the medallion. Ms. Lawrence explained that staff has begun to review the event details internally but confirmed that she would be interested in hearing input from the Commission and residents to help plan for the 2023 event. Chair Klepperich echoed thanks to Ms. Lawrence and the other members of City staff. 8.c Parks Improvement Update Ms. Lawrence reviewed the parks improvement update. Commissioner Cotter referenced the dugout quotes noting that there has been one bid. He asked if there is a timeline on when an additional bid would be received. Ms. Lawrence replied that staff is actively looking for a second or third quote and has reached out to contractors. She hoped that the quotes would be received in the next two weeks. She stated that if the second quote comes in around the estimated project cost, staff would move that project forward to the City Council. She recognized that there has been difficulty in receiving quotes in this bidding climate. Commissioner Muller asked if the contractor from Mendakota could be used. Ms. Lawrence replied that the Mendakota project was bid out a few months ago and two quotes were received. She stated that staff has asked that contractor to bid the project as well. Motion Blanks/second Smith to acknowledge the staff reports. AYES 6: NAYS 0 9. New Business 9.a Review the Usage of Lights at Friendly Hills for Pickleball Recreation Program Coordinator Meredith Lawrence stated that staff has been approached by residents interested in using the hockey rink lights for pickleball play in the evenings. She stated that a similar request was made for Marie Park and a pilot program ran during 2021, which was successful and will continue in 2022. She stated that the Commission is asked to make a recommendation for the use of lights at Friendly Hills in 2022. She stated that the lights are on from 4 p.m. to 9 p.m. daily during the hockey season. She stated that the Marie Park pilot program included lighting of the basketball court, but noted that would not be an option at Friendly Hills because the lights would not reach that location. She reviewed when the lights are going to be used at Marie Park in the spring and fall. She stated that six pickleball courts were installed within the hockey rink at Friendly Hills. She stated that as recommended, notices were sent to residents within 500 feet of the park boundary. She reported that over 200 notice letters were mailed and she has not received any comments from residents. She stated that the cost to utilize the lights is estimated at $30 per month and falls within the available budget. Student Representative Hess asked why the basketball court could not be included. Ms. Lawrence explained that at Marie Park the basketball court shares the location of the pleasure rink, therefore there is lighting available to illuminate that area. She stated that at Friendly Hills the basketball court area is not used for the pleasure rink and therefore that lighting does not reach the basketball court. She commented that it would be costly to move the lighting or install new lighting. Commissioner Smith asked when Friendly Hills would have an updated basketball hoop and court. Ms. Lawrence replied that is included in the CIP and believed that would occur within the next few years. Commissioner Cotter asked if the lighting has been well received at Marie Park. Ms. Lawrence confirmed that there was very favorable feedback for the lighting at Marie Park. She stated that if the Commission wants to recommend a trial program at Friendly Hills, it should consider timing. She noted that the Marie Park pilot program ran just two months in the fall and advised that the Commission could look to follow the 2022 lighting schedule for Marie Park. Commissioner Smith noted that the pickleball courts are closer to homes at Friendly Hills. Commissioner Cotter asked if there has been sufficient time for comment. Ms. Lawrence confirmed that the notice was sent over one month ago and welcomed comments via email or phone, and she did not receive any comments. Chair Klepperich welcomed input from residents. Mary Melzarek, 717 Navajo Ln, stated that she lives across the street from the hockey rink and has made her concerns known that the new LED lights are bright and obnoxious. She stated that she has learned to play pickleball since the courts have become available at the park. She stated that she goes to Marie Park to play pickleball. She stated that Marie Park sits in a lower location, whereas the lights at Friendly Hills shine right into her windows. She recognized that the Commission will likely move forward but asked that there is an understanding that residents should go home when the sun goes down. She referenced the proposed lighting schedule for Marie Park and asked if that would be the schedule for Friendly Hills as well. She commented that would result in lighting eight or nine months of the year. She asked that the basketball court not be lit because it is close to the street and people already play late at night even without lights. She recognized that amenities are great but asked that the neighborhood also be thought of. She stated that she will most likely use the lighting and play pickleball. She asked that perhaps the season be shortened a bit. Commissioner Smith stated that her concern with Friendly Hills lighting was related to the proximity of the homes and therefore understands that this is different than Marie Park. Commissioner Meyer asked if there has been discussion of how lighting could be blocked from the neighboring homes. Commissioner Smith commented that there are a few trees that have been planted to provide screening but recognized that they are small. Commissioner Meyer commented that she is also nervous about lighting pickleball at this location because it is different than Marie Park. Commissioner Blanks asked if the angle of the lights could be adjusted to avoid the homes. Ms. Lawrence commented that they have attempted to adjust the trajectory of the lights and can review that again. She stated that staff can also look at a natural barrier. Commissioner Cotter asked if there has been a large group of residents making this request for lighting. He acknowledged that Marie Park is better suited for lighting because of the topography. Ms. Lawrence stated that a handful of calls were received last fall when the Marie pilot program was occurring. She agreed that if the Commission wants to go forward, it should be in a trial format and staff should have the authority to stop the trial program if there are problems. She commented that if the trial program is not working, it can easily be resolved. Chair Klepperich asked the age of the lighting fixtures and when the LED bulbs were installed. He commented that new installations are very directional and do not allow for bleeding into areas where the light does not belong. Public Works Director Ryan Ruzek estimated that the new LED lights were installed about six or seven years ago. He agreed that lighting should not be casting a shadow into another yard, but the light can still be seen. He was unsure that footcandles had been measured from across the street. Commissioner Meyer asked the resident why she plays at Marie Park versus the Friendly Hills court. Ms. Melzarek commented that there were tar skim coats applied to the Friendly Hills court, therefore those courts are rough. She stated that the Marie Park courts are in much better condition. She stated that there are also issues with flooding after a rain event. She recognized that the hockey lights are set by timer but asked that they be shut off when the rink if not open or when it is raining. Commissioner Meyer commented that she would recommend that a trial not occur in the spring which provides opportunity to review natural screening. She also suggested that the condition of the court be reviewed and stated that the trial program could be reviewed again to potentially occur in the fall. Motion Meyer/second Blanks to delay a lighting trial and bring the item back for consideration of a fall trial program. AYES 6: NAYS 0 Ms. Lawrence noted that this will go forward to the City Council and staff can bring up the concept of reviewing a natural barrier. She stated that if this is going to be revisited, staff would need to time to prepare, and the Council would need to review the recommendation as well. Commissioner Cotter asked if there is any way to get a better sense of the number of residents that desire lighting. He stated that it is difficult to make a recommendation based off a handful of requests and a neighbor speaking in representation of her neighbors. He stated that he would like a better sense of the need or desire for lighting at Friendly Hills prior to the next review. Student Representative Hess commented that if there is a way to track pickleball use, he would find it helpful to also have the data on the number of youth players. Ms. Lawrence commented that this will be the first year where all six courts will be open. Commissioner Muller commented that as an evening walker, she finds lighting helpful to make her feel safe while walking in the park. Commissioner Meyer asked if there would be a spring parks tour. Ms. Lawrence commented that could be setup if the Commission desires. She noted that there will be a ribbon cutting at Friendly Hills on April 21st with a pickleball event. Commissioner Meyer commented that perhaps the pickleball courts could be placed on the tour in order to gain additional knowledge. Chair Klepperich stated that he will ensure that is placed on an upcoming agenda. 9.b Rules of Order Ms. Lawrence stated that the rules of order and Commission City Code were included in the packet for review and provided a brief overview, identifying items that she has received recent questions on. Chair Klepperich commented that the group is an advisory commission, making recommendations to the City Council. 9.c Assign Commissioner Parks Chair Klepperich stated that each year the Commission assigns parks to each member to visit and provide updates on. He noted that safety issues should be communicated to staff immediately and should not wait for the next meeting. Ms. Lawrence noted that Commissioner Sherer should also be kept in mind for park assignments. The following park assignments were agreed upon: • Commissioner Sherer: Market Square and Kensington • Commissioner Muller: Hagstrom King and Rogers Lake • Commissioner Meyer: Marie Park and Victoria Highlands • Commissioner Cotter: Wentworth and Civic Center • Commissioner Blanks: Valley and Mendakota • Commissioner Smith: Friendly Hills and Dog Park • Chair Klepperich: Ivy Hills and Valley View Heights 10. Unfinished Business 10.a Parks and Recreation Strategic Planning Update Recreation Program Coordinator Meredith Lawrence provided background information on the strategic planning efforts of the Commission and Council related to parks. She stated that there is a joint worksession with the Commission and Council the next week which will be held at the Fire Station. She stated that the Mendota Heights Foundation provided a presentation to the Council at a recent meeting and noted that a link was provided to the Commissioners via email. She stated that the Council approved the establishment of the Natural Resources Commission and applications are now being accepted for members, anticipating a first meeting in April. She provided an overview of the recent efforts towards the items within the plan. Commissioner Meyer asked for additional details on the grant received. Public Works Director Ryan Ruzek explained that Dakota County administers a statewide health improvement plan with a maximum grant amount of $30,000. He stated that the full amount was awarded, which requires a $5,000 match. He stated that the City will be looking to determine how the trail system can be more connected, focusing on underserved populations such as seniors. He stated that the study will provide recommendations on trail improvements and will include cost estimates. He stated that six proposals were sent to consulting firms and three proposals were received. He stated that staff will provide a recommendation to the Council at its next meeting. 11. Staff Announcements Recreation Program Coordinator Meredith Lawrence shared the following announcements: • The Assistant City Administrator will attend the March meeting to recap the communications survey • Seasonal positions are open and posted on the City website • Shelter and canoe rack rentals will soon open on the City website • Other events can be found on the City’s website 12. Student Representative Update Student Representative Hess commented that it seems the majority of youth park usage has been focused on the hockey rinks. He stated that his friend works in a warming house and has stated that he has been somewhat busy. He stated that at the school, open gym use continues to be a popular offering for students. 13. Commission Comments and Park Updates Commissioner Smith • Residents are enjoying sledding and skating at Friendly Hills • Frozen Fun Fest was a great event, and her family has enjoyed looking for the medallion Commissioner Meyer • Echoed the compliments about Frozen Fun Fest • Ice skating is popular at Marie Park • Thank you to City staff for continuing to clear snow from the trails for walking Commissioner Muller • Echoed the thanks for clearing of trails as she enjoys walking through the parks • Frozen Fun Fest allowed for a gathering of neighbors which she enjoyed Commissioner Blanks • Echoed the comments thus far related to trail clearing • People are enjoying the compost available at Mendakota • Enjoyed the music and food trucks at the Frozen Fun Fest Commissioner Cotter • Echoed the comments related to Frozen Fun Fest • Congratulated Chair Klepperich for his new position • Was happy to see the clearing at the dog park • Ice fishing event at Rogers Lake was a great event Chair Klepperich • Appreciated the confidence the Commission has shown in him • He and Chair Goldade met prior to the meeting with staff to set the agenda and he would like to continue that with Vice Chair Blanks • Any requests for the agenda should be made at least one week in advance • Recognized Student Representative Hess for his participation and presence at the meetings 14. Adjourn Motion Meyer/Second Cotter to adjourn the meeting at 7:56 PM AYES 6: NAYS 0 Minutes drafted by: Amanda Staple TimeSaver Off Site Secretarial, Inc. Request for City Council Action DATE: April 5, 2022 TO: Mayor Levine and City Council, City Administrator FROM: Tim Benetti, Community Development Director SUBJECT: Authorize the Mayor & City Administrator to Execute a Certificate of Completion and Termination of Contract for Private Redevelopment – Mendota Heights Town Center (a/k/a The Village of Mendota Heights) INTRODUCTION The City Council is asked to authorize the Mayor and City Administrator to execute a Certificate of Completion and Termination of Contract for Private Redevelopment regarding The Village of Mendota Heights. INFORMATION As part of the original redevelopment of properties in and around the Mendota Heights Town Center mixed-use in 2002, the City and Mendota Heights Town Center, LLC (Mr. Ross Fefercorn –RMF Group) entered into a Contract for Private Redevelopment, dated August 2, 2002. This agreement allowed RMF to redevelop and construct certain public and private improvements in the area, generally recognized now as The Village Town Center. All of the improvements on the subject properties noted in the certificate/agreement have been completed. As part of an expected real estate transfer on The Village properties, the owners are seeking this release or certificate of completion, as per Section 10.4 of the original Developers Agreement. This certificate essentially states or certifies that the Redeveloper has completed its obligations under the original PUD Agreement, and said Agreement will be considered terminated or no longer in effect. This certificate does not negate, impact or affect the current zoning of The Village (MU-PUD Mixed Use – Planned Unit Development), nor the continued use and operation of The Village by the current or future owners. This certificate has been prepared by the City Attorney, and has been reviewed and deemed acceptable by the owners legal counsel, lenders and title reviewing companies. ACTION REQUIRED City Council may make a simple motion to approve this Certificate of Completion and authorize the Mayor and City Administrator to execute said agreement on behalf of the City of Mendota Heights. Action on this item requires a simple majority vote. CERTIFICATE OF COMPLETION AND TERMINATION OF CONTRACT FOR PRIVATE REDEVELOPMENT This Certificate of Completion and Termination of Contract for Private Redevelopment (this “Certificate”) is entered into this 5th day of April, 2022 by the City of Mendota Heights, a Minnesota statutory city (the “City”). The City and Mendota Heights Town Center, LLC, a Minnesota limited liability company (the “Redeveloper”) are parties to that Contract for Private Redevelopment dated August 2, 2002 (the “Initial Agreement”) pursuant to which the Redeveloper agreed to construct certain improvements on that real property legally described on Exhibit A attached hereto, which Initial Agreement was amended by that First Amendment to Contract for Private Redevelopment dated January 7, 2004, and that Second Amendment to Contract for Private Redevelopment dated as of July 3, 2007 (the Initial Agreement, as amended, is referred to herein as the “Agreement”). The Agreement was referenced in (i) that Subordination Agreement dated March 21, 2007, recorded with the Office of the County Recorder (the “Recorder”) on March 29, 2007 as Document No. 2506252; (ii) that Subordination Agreement dated August 1, 2007, recorded with the Recorder on August 1, 2007 as Document No. 2534682; (iii) that Release and Waiver of Liability Agreement dated October 1, 2019, recorded with the Recorder on October 2, 2019 as Document No. 3329760; and (iv) that Corrected Release and Waiver of Liability Agreement dated October 1, 2019, recorded with the Recorder on October 10, 2019 as Document No. 3331293. In light of the satisfaction of the conditions precedent set forth in Section 10.1 of the Agreement and pursuant to Section 10.4 of the Agreement, the City is providing this Certificate to certify that the Redeveloper has completed its obligations under and in full compliance with the terms and provisions of the Agreement, the Agreement has been terminated according to its terms, and the Agreement is of no further force and effect. [Remainder of Page Left Blank; Signature Page Follows] IN WITNESS WHEREOF, the City executes this Certificate as of the day and year above written. CITY OF MENDOTA HEIGHTS By: Name: Stephanie Levine Title: Mayor By: Name: Cheryl Jacobson Title: City Administrator State of Minnesota ) County of Dakota ) This instrument was acknowledged before me on __________________, 2022, by Stephanie Levine and Cheryl Jacobson, the Mayor and City Administrator, respectively, of City of Mendota Heights, a Minnesota statutory city, on behalf of the city. Printed Name: My commission expires: (Seal) This instrument was drafted by: Mulligan & Bjornnes PLLP 401 Groveland Avenue Minneapolis, MN 55403 Exhibit A Legal Description of the Property Real property in the City of Mendota Heights, County of Dakota, State of Minnesota, described as follows: Parcel 1: Lot 1, Block 6, Mendota Heights Town Center, Dakota County, Minnesota. Parcel 2: Lot 3, Block 6, Mendota Heights Town Center, Dakota County, Minnesota. Parcel 3: Lot 1, Block 7, Mendota Heights Town Center, Dakota County, Minnesota. Parcel 4: Lot 2, Block 7, Mendota Heights Town Center, Dakota County, Minnesota. [Abstract Property] Request for City Council Action DATE: April 5, 2022 TO: Mayor Levine and City Council; City Administrator Jacobson FROM: Tim Benetti, Community Development Director SUBJECT: Resolution No. 2022-23 Approving an Administrative MRCCA Minor Development Permit to 1902 Glenhill Road [Planning Case No. 2022-05] INTRODUCTION Erik and Stephanie Johnson are requesting approval of an Administrative Mississippi River Corridor Critical Area (MRCCA) Permit for their property, located at 1902 Glenhill Road. BACKGROUND The Johnson’s currently have an existing 7’ x 13.5’ bay window/sitting nook located off the back side of their home, and are seeking to replace this nook with a new 13.5’ x 15.3’ addition to their kitchen. The submitted plans also show a proposed 14.4’ x 21.8’ addition on the other side of the patio; but this addition has been crossed-out and is not part of this administrative MRCCA permit consideration. The subject property is located in the R-1 Residential Zoning district; and is situated within the Mississippi River Corridor Critical Area overlay district. According to the city’s MRCCA Mapping of this area, the subject property is located in the SR-Separated by River District. The MRCCA Map of the subject property (appended to this council report) shows a demarcated bluff line approximately 62-feet from the subject property’s north lot line; with the 20-foot wide bluff impact zone (BIZ) shown approximately 42-feet from this same north line. No part of this proposed addition will impact or affect this bluff line or BIZ. The MRCCA Mapping system also identifies any Primary Conservation Areas (PCA), which include protected areas such as established Significant Existing Vegetative Stands or Native Plant Communities on properties inside the MRCCA district. The MRCCA map also identifies a green, cross-hatched area inside the bluff area as a Significant Vegetative Stand, but again this area is situated far enough away (approx. 122-ft. from north line) that there should be no impacts to this PCA. ANALYSIS Pursuant to City Code Section 12-3-12, no building permit, zoning approval, or subdivision approval shall be issued for any action or development located in an area covered by this chapter (Miss. River Corridor Critical Area) until a site plan has been prepared and approved in accordance with the provisions of this chapter. Subpart D. of this section also includes an allowance for “Minor Developments”, which include minor improvements to a single-family property that can be approved directly by the City Council, without Planning Commission review or recommendation, and without a public hearing, but only if the minor project and plans conform to the general standards of this section. Eligible projects for an Administrative MRCCA Permit include small building additions of 200 sq. ft. or less; decks; fences; driveways; walkways; stairs; open patios or outdoor sitting areas; storage sheds, gazebos and chicken coops; retaining walls (2’ or less in height); landscaping materials and gardens, and similar structures. All administrative approved projects must meet or comply with the following conditions (with Staff comments noted afterwards): 1. No part of the subject property shall have slopes of greater than eighteen percent (18%). Staff Comments: The new addition will take place next to a level grade brick patio off the back of the home. This area to the rear of the home and where the addition will take place on a very flat portion of the rear yard, with grades measuring out approximately 2-3% in slopes. The grades of the property become more pronounced near the upper, northeast corner of the property, but the addition is situated far enough away and should pose no impacts to this slightly elevated area, or the natural drainage patterns on the property. Where the addition is being proposed, there are no steep grades or slopes greater than 18% in and around this immediate project space. Staff confirms this standard is being met. 2. No part of the project shall impact, disturb or be situated in a bluff line setback area as defined by this chapter, whether on the same parcel or on an abutting parcel of land. Staff Comments: Although the subject property is situated in the MRCCA overlay district, there are no bluffs; bluff impact zones (BIZ’s); or any Primary Conservation Areas (PCA) on this property. The addition is minimal and minor enough to not pose any threat or negative impacts to the abutting or neighboring properties. Staff confirms this standard is being met. 3. The proposed project shall not expand the enclosed area of the principal or accessory structures by more than two hundred (200) square feet. Staff Comments: The footprint of the existing window/nook is 7’ x 13.5’, and with the two angled corners, makes this an 85.5-sq. ft. of existing space. The proposed addition is 13.5’ x 15.3’, or 206.55 sq. ft. in total. The reconciled area created by the addition is 121.05 sq. ft. (206.55 – 85.5 = 121.05). Staff confirms this standard is being met. 4. The proposed project shall not increase the height of any existing structure. Staff Comments: The addition is a small, one-level living space addition, that does not increase the height of the existing single-family dwelling structure. Staff confirms this standard will be met. 5. The proposed project shall be in compliance with all other requirements of this Chapter, and any other applicable regulations. Staff Comment: The proposed project and all related grading work and any restoration activities in and around this project site shall be in compliance with all other requirements of this chapter, and any other applicable regulations, including the City’s Land Disturbance Guidelines. Staff confirms this standard is or will be met. 6. The proposed project shall not result in significant changes to the existing finished grade. Staff Comment: The proposed expansion is not projected to cause any significant changes to the existing finished grades in and around the addition area. All areas around the new foundation of the addition will be smoothed and feather-graded back to the existing finished levels, and restored with sod or new plantings. Staff confirms this standard is or will be met. 7. The proposed project areas shall include native vegetation. Staff Comments: The Owners indicated that they intend to provide three (3) new plantings along the east side of the new addition, and have selected Miss Kim Lilacs (Syringa Patula) as their preferred plantings. These lilacs are considered native to Minnesota (per U of MN Extension information) and pollinator friendly. Staff confirms this standard is being met. INTERAGENCY REVIEW The MRCCA Permit application, survey, site plan and erosion control plans for this property were submitted to the Department of Natural Resources and National Park Service for review and comment on March 1, 2022. Both agencies had no comments or objections; and agreed this project can be considered a Minor Development or approved under the Administrative MRCCA Permit process, as allowed by the city’s MRCCA Ordinance. RECOMMENDATION Based on staff’s interpretation of the intent of the Minor Development provisions of Title 12-3-1, the scope of the project does not require Planning Commission recommendation and a public hearing; and therefore may be given full consideration and approval by the City Council. Since there is no impacts to the Mississippi River Corridor’s bluff areas, bluff impact zone, or PCA’s in this district, along with very little to no impacts on the surrounding properties, staff recommends the City Council approve this Administrative MRCCA Permit to Erik and Stephanie Johnson, 1902 Glenhill Road, with the findings-of fact and conditions as noted in the attached resolution. ACTION REQUIRED Adopt RESOLUTION NO. 2022-23 APPROVING AN ADMINISTRATIVE MISSISSIPPI RIVER CORRIDOR CRITICAL AREA MINOR DEVELOPMENT PERMIT FOR THE PROPERTY LOCATED AT 1902 GLENHILL ROAD. This action requires a simple majority vote. Attachments 1) Letter of Intent (by Owners) 2) MRCCA Maps 3) Survey/ Site Plan/Erosion Control Plan SITE PHOTOS – 1902 GLENHILL ROAD REAR OF 1902 GLENHILL – TOWARDS BAY/NOOK REAR OF 1902 GLENHILL – TOWARDS NEW ADDITION REAR YARD – AREA OF NEW ADDITION (note flat/level grade) REAR YARD – AREA OF NEW ADDITION (note flat/level grade) CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-23 RESOLUTION APPROVING AN ADMINISTRATIVE MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) MINOR DEVELOPMENT PERMIT FOR PROPERTY LOCATED AT 1902 GLENHILL ROAD (PLANNING CASE NO. 2022-05) WHEREAS, Erik and Stephanie Johnson(the “Applicant” and “Owners”) applied for an Administrative Mississippi River Corridor Critical Area (MRCCA) Minor Development Permit in order to construct a minor addition to an existing single-family dwelling structure, as proposed under Planning Case No. 2022-05, and for the property located at 1902 Glenhill Road, legally described in attached Exhibit A (the “Subject Property”); and WHEREAS, the Subject Property is located within the Mississippi River Corridor Critical Area Overlay District of the City of Mendota Heights, and the proposed project qualifies as a Minor Development under Title 12-3-12, Subpart D of the City Code provisions for those properties situated in the recognized MRCCA District; and WHEREAS, the proposed project is compliant with the required conditions for exemption from Planning Commission review and a public hearing, and can be considered and acted on directly by the City Council; and NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the Administrative MRCCA Minor Development Permit for property located at 1902 Glenhill Road, and proposed under Planning Case No. 2022-05, is hereby approved and supported by the following finding-of-facts: A) The project qualifies as a minor development and consideration under the Administrative MRCCA Permit standards because this new building addition is 200 sq. ft. or less in size; B) The proposed project poses no threat to the general health, safety and welfare of the public, or creates any negative impacts upon the MRCCA area, adjacent bluffs, bluff impact zones (BIZ’s), Primary Conservation Areas (PCA’s) or surrounding properties; C) The proposed addition will not impact or change any grades or drainage ways on the subject property; D) The proposed project will be done in accordance with all requirements of the City’s Land Disturbance Guidelines, and E) The proposed project meets the general purpose and intent of the Mississippi River Corridor Critical Area Overlay District and City Code. AND BE IT FURTHER RESOLVED by the Mendota Heights City Council that the Administrative MRCCA Minor Development Permit as requested by Erik and Stephanie Johnson and for the property located at 1902 Glenhill Road, and as presented under Planning Case No. 2022-05, is further hereby approved with the following conditions of approval: 1. A new and separate building permit must be submitted to the city for review and approval prior to any construction work commencing on the subject property. 2. All new trees or vegetation to be installed on the subject property shall be native type tree species and/or pollinator friendly plantings. 3. Full erosion and sedimentation measures will be put in place prior to and during grading and construction work activities. 4. All disturbed areas impacted by new grading or construction work, both on the subject property shall be completely repaired and restored in a timely and expedited manner. 5. All grading and construction activity will be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. 6. All work on site will only be performed between the hours of 7:00 AM and 8:00 PM Monday through Friday; 9:00 AM to 5:00 PM weekends. Adopted by the City Council of the City of Mendota Heights this 5th day of April, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Stephanie Levine, Mayor ATTEST: ________________________________ Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 EXHIBIT A Address: 1902 Glenhill Road, Mendota Heights, Minnesota 55118 PID: 27-81250-01-040 Legal Description: LOT 4, BLOCK 1, VALLEY VIEW OAK ADDITION, DAKOTA COUNTY, MINNESOTA [Torrens Property] Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 634 220215 191184259162 61151 163 139 138 149 90134 85 127 12511982 92 124 110 73109105 69 101 67595774 95 431431603837 9132 100132292821916141210213912105 7 3 731059134731885 1889 1903 1901 1247 1205 1921 1902 1920 1908 1914 1235 1199 1224 1253 1935 1230 1936 CULLIGAN LNGLENHILL RDThis imagery is copyrighted and licensed by Nearmap US Inc, which retains ownership of the imagery. It is being provided by Dakot a County under the terms of that license. Under that license, Dakota County is allowed to provide access to the “Offline Copy Add-On for Government”, on which this image services is based, at 6-inch resolution, six months after the capture date, provided the user acknowledges that the imagery will be used in their normal course of business and must not be resold or 1902 GLENHILL ROAD MENDOTA HEIGHTS, MN MRCCA MAP City of Mendota Heights080 SCALE IN FEET Legend Municipal Boundary MRCCA Boundary Bluff_Elem 18% and 75 Degree Bluffs 18% over 25 ft Bluffs 20 ft bluff buffer 75 Degree Bluffs MRCCA_sig Significant Veg. Stands Native Plant Communities Date: 3/28/2022 Request for City Council Action DATE: April 5, 2022 TO: Mayor, City Council, and City Administrator FROM: Wayne Wegener, Police Captain SUBJECT: Motorola Encrypted Radio Purchase INTRODUCTION The City Council is asked to authorize the purchase of eight Motorola encrypted mobile radios and one Motorola encrypted building radio system for the police department. BACKGROUND The Dakota County Law Enforcement Operations Group is transitioning all Dakota County law enforcement agencies to encrypted radios. This change requires all portable, mobile, and building radio systems to be encrypted in order to send and receive encrypted radio transmissions. The police department has been obtaining encrypted radios as the need to purchase them has arose. Currently, the department has been able to transition all of the officers’ portable radios and 3 of the 11 mobile radios to encrypted. In doing so, only 8 mobile radios and 1 building radio system need to be upgraded to encrypted. BUDGET IMPACT The Motorola encrypted mobile and encrypted building radio system replacements are included in the 2022 budget. The total amount budgeted for the equipment is $55,800. RECOMMENDATION Staff recommends that Council approve the purchase of eight Motorola encrypted mobile radios and one Motorola encrypted building radio system for the police department. ACTION REQUIRED If the Council concurs, it should, by motion, authorize the purchase of eight Motorola encrypted mobile radios and one Motorola encrypted building radio system for the police department. Request for City Council Action DATE: April 5, 2022 TO: Mayor and City Council FROM: Cheryl Jacobson, City Administrator Kelly Torkelson, Assistant City Administrator SUBJECT: Retirement of Lorri Smith and Recruitment to Fill the City Clerk position INTRODUCTION The City Council is asked to accept the notice of retirement from Lorri Smith, City Clerk, and authorize staff to begin the recruitment process to fill the position. BACKGROUND City Clerk Lorri Smith has announced her retirement effective May 31, 2022. Lorri has worked for the City of Mendota Heights since June, 2012. Over the course of the past 10 years, she has been instrumental in the carryout of many elections, the preparation of countless city council meeting agendas and minutes, and has shared her expertise again and again in the areas of open meeting law, data practices and licensing. Lorri has provided exceptional service to the residents of Mendota Heights and she will be greatly missed. City staff wish her all the best as she begins this next chapter. With Lorri’s retirement, the position of City Clerk will need to be filled. The City Clerk position is a key role on the City Administrator’s senior management team and within the city’s organization. The City Clerk serves as the city’s election official, administering all public elections; is the responsible authority and compliance official for city records and data practices; provides support to the city council by attending all city council meetings and preparing meeting packets and minutes; manages the issuance of license and permits working extensively with the city code and serves as the Deputy Treasurer. The City Clerk position description has been revised to reflect current work performed. The responsibility for city communications such as newsletter preparation and website maintenance has been removed. Attachments: City Clerk Revised Position Description BUDGET IMPACT The City Clerk position is a budgeted position. The full salary range for the City Clerk is $74,537-$91,626 plus benefits. Given the competitive job market and the skill set desired, the City Administrator is requesting that the hiring salary be posted at the full range (steps one through seven of pay grade 11 as noted above). Actual hiring salary will be determined on the selected candidate’s qualifications and experience. RECOMMENADATION Staff recommends that the City Council accept Lorri Smith’s notice of retirement, approve the revised position description and authorize staff to begin the recruitment process to fill the City Clerk position with the hiring salary range as recommended by the City Administrator. REQUESTD ACTION If the City Council concurs, it should, by motion, accept the retirement notice of Lorri Smith, approve the revised position description and authorize staff to begin the recruitment process to fill the City Clerk position with the hiring salary range as recommended by the City Administrator. CITY OF MENDOTA HEIGHTS City Clerk Department: Administration FLSA Status: Exempt General Definition of Work Performs difficult administrative work preparing and keeping minutes, maintaining official records of City Council actions, handling election duties, processing license applications, and related work as apparent or assigned. Work is performed under the general direction of the City Administrator. Qualification Requirements To perform this job successfully, an individual must be able to perform each essential function satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Essential Functions 1) Serves as the City’s elections official. Administers all public elections; recruits, selects, trains, and certifies election judges; trains city staff assisting with election duties; supervises all aspects of elections including compliance with state laws; responsible for tabulation and reporting of the election results. Coordinates the redistricting process. 2) Serves as the City's Responsible Authority and the Compliance Official for Data Practices; receives and processes data requests and determines which records may be disclosed in accordance with state law; maintains and implements the records retention program. 3) Serves as Secretary to the City Council; attends all meetings; responsible for the creation of City Council meeting packets and minutes of the meetings; responsible for legal publications of meetings, public hearings, ordinances to be considered as per applicable state laws; prepares ordinances, resolutions, proclamations for Council consideration. 4) Serves as Deputy Treasurer for the City; reviews all claims and payroll checks before they are issued prepares manual checks in the absence of the Finance Director; responsible for the preparation of the annual City fee schedule presented to the Council for approval. 5) Manages the issuance of licenses and permits by interpreting city code and determining the type of license needed and the information to be gathered from the applicants as required by Code; prepares reports to the State of MN the licenses issued and obtains state approval if necessary before issuance. 6) Manages the codification of ordinances and the maintenance of the City Code to ensure accuracy and consistency of the sections. 7) Performs internal and external public relations and customer service activities; responds to citizens questions and requests via email, in person and over the telephone. 8) Performs other duties, as assigned Knowledge, Skills and Abilities Thorough knowledge of municipal government operations and procedures; thorough knowledge of municipal record keeping procedures and requirements; thorough knowledge of election policy and procedures; ability to operate personal computers including knowledge of applicable software packages; ability to communicate effectively both orally and in writing; ability to record and maintain detailed minutes, records and files; ability to establish and maintain effective working relationships with other employees, department heads, elected officials and the general public. Education and Experience Bachelor's degree in public administration, business administration, or urban and regional studies or related field and considerable experience as a previous city clerk or deputy city clerk. Special Requirements Valid Driver’s License- State of Minnesota Certified Municipal Clerk of MN, Municipal Clerks and Finance Officers Association of MN Certified Municipal Clerk, International Institute of Municipal Clerks Certified Election Official, County Physical Requirements This work requires the occasional exertion of up to 25 pounds of force; work regularly requires speaking or hearing and using hands to finger, handle or feel, frequently requires sitting, reaching with hands and arms and repetitive motions and occasionally requires standing, walking, stooping, kneeling, crouching or crawling, pushing or pulling and lifting; no special vision is required; vocal communication is required for expressing or exchanging ideas by means of the spoken word; hearing is required to perceive information at normal spoken word levels; work requires preparing and analyzing written or computer data, operating machines and observing general surroundings and activities. Environmental Conditions This work has no exposure to environmental conditions; work is generally in a moderately noisy location (e.g. business office, light traffic). Last Revised: 7/25/2017 04/2022 Request for City Council Action DATE: April 5, 2022 TO: Mayor, City Council, City Administrator, and Public Works Director FROM: Meredith Lawrence, Parks and Recreation Manager SUBJECT: Approval of Use of Temporary Fence in Friendly Hills Park Outfield INTRODUCTION The Mendota Heights Athletic Association (MHAA) is requesting the installation of a temporary fence in the Friendly Hills Park Outfield for the 2022 baseball season. BACKGROUND Friendly Hills Park is located at 16 Navajo Lane and features tennis courts, a hockey rink (with pickleball courts utilized in the warmer months), a warming house, picnic shelters, a basketball court, playground, and ball field. The park is popular among residents who often use the open field space to hit practice golf balls, fly kites, kick around soccer balls and other types of free play. In the past, the outfield of the ball field has been used for organized soccer in the Fall. For the 2022 spring and mid-summer season, MHAA has the Friendly Hills baseball field reserved from April 4-July 29 on Monday through Thursday from 5:00-9:00pm, Saturdays from 8:00am-1:00pm and Sundays from 4:00-9:00pm. MHAA intends to use the Friendly Hills baseball field for games and is requesting the installation of a temporary fence in the outfield. For consistency and competitiveness reasons, MHAA feels that all game fields should have fencing. MHAA has requested the fence to be installed 200 feet from home plate. The attached aerial photo shows where the fence would be situated in relation to the park. The City has previously approved the use of temporary fences at Marie Park and Valley Park. The fences are purchased by the athletic association and remain the property of the association, but are installed and maintained by city Public Works maintenance staff. Prior approvals have been initially provided by the City Council. Annually, staff tracks any complaints received and subsequent annual approvals are directed by parks staff. Attachments: Aerial Photo of the Friendly Hills Park Baseball Outfield BUDGET IMPACT Mendota Heights Athletic Association will be responsible for purchasing the temporary fence. Mendota Heights Parks Maintenance Staff will be responsible for the installation and maintenance around the fence. ACTION RECOMMENDED Staff is recommending approval of the use of a temporary fence in the Friendly Hills Park outfield for the 2022 season. If there are resident concerns throughout the 2022 season, staff will notify the City Administrator to determine the continuance of a temporary fence at Friendly Hills Park in future years. ACTION REQUESTED If the City Council concurs, it should, by motion, approve the installation of a temporary fence in the Friendly Hills Park outfield for MHAA. Request for City Council Action DATE: April 5, 2022 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Temporary On-Sale Liquor License-Beth Jacob Congregation INTRODUCTION The City Council is asked to approve a temporary on-sale liquor license for Beth Jacob Congregation, located at 1179 Victoria Curve. BACKGROUND Pursuant to Minnesota State Statutes and our City Code, no person shall sell or give away liquor without first having received a license. Temporary on-sale liquor licenses shall be granted only to clubs and charitable, religious or nonprofit organizations for the sale of intoxicating liquor. The licenses are subject to final approval by the Director of Alcohol and Gambling Enforcement. Beth Jacob Congregation, located at 1179 Victoria Curve, is planning to hold a fund-raising event at their property on Sunday, May 22, 2022, from 5:00 to 8:00 p.m. They have submitted an application for a temporary on-sale liquor license to allow for the sale of alcohol at this event. Security will be present and liquor liability insurance has been obtained. It should be noted that temporary on-sale liquor licenses have been issued in the past to charitable, nonprofit and religious organizations within the city with no incidents or negative reports. RECOMMENDED ACTION Staff recommends the City Council approve a temporary on-sale liquor license for Beth Jacob Congregation for May 22, 2022. Request for City Council Action DATE: April 5, 2022 TO: Mayor and City Council FROM: Kelly Torkelson, Assistant City Administrator Cheryl Jacobson, City Administrator SUBJECT: Out of Metro Travel Request INTRODUCTION: The City Council is asked to approve attendance at a State conference for the City Administrator and Assistant City Administrator, to be held May 4-6, 2022. BACKGROUND: City policy requires that the City Council approve any travel to a location out of the metropolitan area for city employees. Staff requests approval for City Administrator Cheryl Jacobson and Assistant City Administrator Kelly Torkelson to attend the Minnesota City/County Management Association (MCMA) annual conference in Nisswa, Minnesota, May 4-6. The program is designed for City and County managers, and management assistants. BUDGET IMPACT The estimated expenses to attend including conference registration and lodging is $1,020 for the Assistant City Administrator and $870 for the City Administrator. Funding is available in the 2022 Administration budget to cover the costs. RECOMMENDATION: Staff asks that Council approve the attendance of the City Administrator and Assistant City Administrator at the MCMA Annual Conference. ACTION REQUIRED If the Council concurs, it should, by motion approve attendance for the City Administrator and Assistant City Administrator at the MN City/County Management Association annual conference. Request for City Council Action DATE: April 5, 2022 TO: Mayor and City Council, City Administrator FROM: Kelly Dumais, Assistant City Administrator Meredith Lawrence, Parks and Recreation Manager SUBJECT: Recreation Program Coordinator Hire INTRODUCTION The City Council is asked to approve the hiring of Matt Colwell for the position of Recreation Program Coordinator. BACKGROUND Matt Colwell currently works as the Sports and Aquatics Specialist for the City of New Brighton and has a degree in Recreation Management from the University of Wisconsin- La Crosse. Matt has a passion for parks and recreation that is immediately evident when you meet him. In February of 2022, the National Recreation and Parks Association recognized him in their 30 under 30 list. This award recognizes individuals under 30 years old in parks and recreation who are making an impact on their agency’s community and service population, who have contributed to the professional development of the field of parks and recreation, and who bring innovative ideas, programs or research to the field of parks and recreation. Staff recommends the hiring of Matt Colwell with an annual salary of $62,583 which is step 1 of pay grade 8 of the City’s 2022 Compensation Plan. In addition, to provide him with a vacation bank of 40 hours at the start of his employment with the city. With the approval of the City Council, Matt Colwell would start his employment with the City on April 18, 2022. BUDGET IMPACT The Recreation Program Coordinator Position is a budgeted position and is ranked at pay grade 8 on the City’s compensation plan. The position’s full 2022 pay range is $62,583-$76,930 annually. RECOMMENDATION Staff recommends that the City Council approve the hiring of Matt Colwell as the Recreation Program Coordinator with an annual salary of $62,583. It is also recommended that Matt Colwell be credited with one week (40 hours) of vacation leave effective upon the start of his employment. ACTION REQUIRED If the Council concurs, it should, by motion, approve the hiring of Matt Colwell as Recreation Program Coordinator with the provisions listed above. Request for City Council Action DATE: April 5, 2022 TO: Mayor, City Council, and City Administrator FROM: John Boland, Public Works Superintendent SUBJECT: Approve Public Works Site Improvements INTRODUCTION The City Council is asked to approve the installation of a new 65’ x 70’ Britespan salt storage building at the Public Works facility with lighting. In addition, there will be a new asphalt surface, material bunkers, new garage doors, and roof truss painting of the old storage area. There will also be a sump manhole installed downstream of the back lot to control sediments from entering the storm water system. BACKGROUND As part of the 2022 CIP, the city council approved a funding to improve the salt storage and parking lot areas in the back lot at Public Works. The existing parking lot surface continues to be in disrepair and is need of a new surface. The existing salt storage is inside the Public Works facility and has had a corrosive effect on the roof trusses and garage doors in that area. Adjacent to the salt storage shed are proposed material bunkers to store black dirt, gravel, sand, aglime, brush, and tires. Staff has received quotes for the following improvements: • Grading and new asphalt of the back storage lot • Construction of a new salt shed on the asphalt surface • New garage doors on the old salt storage area • Cleaning and painting of the roof trusses in old salt storage area • Pulling electrical wire and lighting the new salt storage shed • Installing sump manhole • Upgrading existing exterior lighting to LED The new shed will provide enough salt storage for a full season supply of salt with a divider built in for treated salt. The old storage area will have new garage doors installed, and the trusses treated with a solvent-based epoxy primer and finish coat, and be repurposed to store equipment that is stored outside now. Electricity for lighting of the new shed will be pulled in prior to installing the asphalt surface on the parking lot. BUDGET There is $375,000 budgeted as a capital expense for budget year 2022 for the salt storage and parking lot improvements. Salt shed and bunkers (Sourcewell cooperative purchasing contract) $215,738 The low bidder on the asphalt and grading is with Pine Bend Paving. $99,750 Low bid on the painting is with Steinbrecher Painting Company $12,900 Low bid on the garage doors is Lakeland Door and Contracting $15,946 Price to run electric and install lighting in the shed - Mid Northern Services $11,300 Install sump manhole between Medallion and back lot – Kirchner Contracting $3,250* Price to upgrade exterior lighting to LED - Mid Northern Services $6,775 Total for project: $365,659 *City will provide the materials, price is for contractor installation RECOMENDATION Staff recommends that the City Council approve the quotes and authorize the Public Works Director to issue Purchase Orders for the Public Works Site Improvements. ACTION REQUIRED If Council concurs, it should pass a motion to approve the quotes and authorize the Public Works Director to issue Purchase Orders for the Public Works Site Improvements. This requires a simple majority vote. Request for City Council Action DATE: April 5, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Letter of Support for Dakota County to Pursue a Trail Grant for Delaware Avenue INTRODUCTION The Council is asked to provide a letter of support to Dakota County for a 2022 regional solicitation grant for construction of trails along Delaware Avenue (CSAH 63). BACKGROUND Mendota Heights has previously partnered with Dakota County on providing and expanding a local trail system to benefit the residents and provide safer access throughout the community. Dakota County is requesting a letter of support to construct two new trail sections within the Delaware Avenue corridor. DISCUSSION Dakota County has identified two trail sections they desire to construct along Delaware Avenue. The first section is along the east (West St. Paul) side of Delaware Avenue from Highway 62 to Marie Avenue. There is also a proposed enhanced pedestrian crossing including a median refuge proposed. A trail currently exists on the west (Mendota Heights) side of the street. This project was recently applied to for the safe routes to school program but was not selected for funding. The trail improvements were identified through a recent study of trails adjacent to schools along State and County Roads. Dakota County is now applying for a federal regional funding of 80 percent of the project costs. There is not a local cost share allocated to Mendota Heights for this improvement. West St. Paul is proposed to provide the local 15 percent match. The second section of trail is proposed to run from Marie Avenue to Dodd Road. This trail is planned to be added in the upcoming 2025 Delaware Avenue reconstruction project which Mendota Heights is partnering in. The project has not been through preliminary design as to what side of the road this trail will be on. The regional funding is currently for the 2026-2027 construction year so the County is attempting to apply and request advanced construction for reimbursement after the fact. Mendota Heights is responsible for half of the 15 percent local cost share or 7.5 percent of the project costs. These funds will be paid for from the Municipal State Aid account. Mendota Heights would be responsible for winter maintenance if this trail is constructed on the west side of the street. Attachment: Draft Letters of Support BUDGET IMPACT The trail section along Delaware Avenue from Highway 62 to Marie Avenue would be funded from a federal grant, Dakota County funds, and West St. Paul. The trail section along Delaware Avenue from Marie Avenue to Dodd Road would include a 7.5 percent share to Mendota Heights after applying any grant funds. The current estimate for the Delaware Avenue project is estimated at $845,000 of the total $11,266,667 projected project costs. RECOMMENDATION Staff recommends that the Council approve a letter of support be provided for both trail sections along Delaware Avenue. ACTION REQUIRED If the City Council concurs, it should pass a motion authorizing the Mayor to sign the attached letters of support on behalf of the City Council for applying for regional solicitation funds to construct the trail sections on Delaware Avenue. This action requires a simple majority vote. April 6, 2022 Gina Mitteco Regional and Multi-Modal Transportation Manager Dakota County Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124 Dear Gina, On behalf of the City Council of the City of Mendota Heights, this letter is offered in support of the concept of constructing a recreational trail along the east side of County Road 63 (Delaware Avenue) from Highway 62 to Marie Avenue and providing an improved pedestrian crossing at Two Rivers High School. This improvement was the result of a Safe Routes to School study and will greatly improve student safety around the school. The City of Mendota Heights appreciates the opportunity to work with Dakota County in exploring additional recreational trail facilities to serve the residents of our area. We look forward to continuing our cooperative efforts in this regard and providing input as Dakota County seeks to construct trails along its County Roads. Sincerely, Stephanie Levine Mendota Heights Mayor April 6, 2022 Gina Mitteco Regional and Multi-Modal Transportation Manager Dakota County Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124 Dear Gina, On behalf of the City Council of the City of Mendota Heights, this letter is offered in support of the concept of constructing a recreational trail along County Road 63 (Delaware Avenue) from Marie Avenue to Dodd Road (Highway 149). County Road 63 (Delaware Avenue) will provide increased mobility within the communities of Mendota Heights and West St. Paul as well as providing a safer access to Two Rivers High School. The City of Mendota Heights is prepared to provide a local match for this trail from its Municipal State Aid account and to provide winter snow and ice removal to provide year-round bicycle and pedestrian use. The City of Mendota Heights appreciates the opportunity to work with Dakota County in exploring additional recreational trail facilities to serve the residents of our area. We look forward to continuing our cooperative efforts in this regard and providing input as Dakota County seeks to construct trails along its County Roads. Sincerely, Stephanie Levine Mendota Heights Mayor Request for City Council Action DATE: April 5, 2022 TO: Mayor, City Council, and City Administrator FROM: John Boland, Public Works Superintendent SUBJECT: 2022 Street Sweeping INTRODUCTION The City Council is asked to award a contract for street sweeping. BACKGROUND Requests for bids were sent out for spring and fall street sweeping. wo bids were received and they are as follows: Mike McPhillips, Inc. $110.00/hour Person Bros., Inc. $120.00/hour DISCUSSION Mike McPhillips, Inc. has swept the city streets in the past with very positive results. They will be providing four to six sweepers a day to sweep the streets. Weather permitting, we can generally sweep the streets in the spring in four days, while the fall sweeping takes a few more days because of the leaves. Scheduling will be based on weather an availability, with the hope of an early April start date for the spring street sweeping. In 2021, the cost to sweep the streets in the spring and fall was $29,630.88. The winning bid last year was $86.64/hour. Due to economic conditions, hourly rates are approximately 25 percent higher this year. This project may likely come in over budget for 2022 because of increased costs for gas, goods and services. BUDGET There is $55,000 in the 2022 budget for street sweeping and striping. RECOMENDATION Staff recommends that the Mendota Heights City Council approve the bid from Mike McPhillips, Inc., for their low bid of $110.00 an hour to sweep the streets in the spring and fall of 2022. ACTION REQUIRED If Council concurs, it should, by motion, approve the low bid from Mike McPhillips, Inc., in the amount of $110.00 an hour to sweep the streets in the spring and fall of 2022. This requires a simple majority vote. DATE: April 5th, 2022 TO: Mayor, City Council, and City Administrator FROM: Kelly Dumais, Assistant City Administrator SUBJECT: 2022-2023 Minnesota Teamsters Local 320 Labor Agreement INTRODUCTION The City Council is asked to approve a two-year labor agreement with the Minnesota Teamsters Local 320, representing Public Works. BACKGROUND Attached for review and consideration is the 2022-2023 labor agreement between the City of Mendota Heights and the Minnesota Teamsters, Local 320 representing public works, for which there is a tentative agreement. The 2022-2023 agreement is consistent with the direction that staff received from the City Council. • Duration of Agreement – 2 years (January 1, 2022 – December 31, 2023) • Wage Rates—A 3.0% cost of living adjustment for 2022 and a 3.0% cost of living adjustment for 2023, resulting in the following pay scale: Effective 1/1/2022 Step 2 Step 3 Step 4 Step 5 Public Works Maintenance Worker $26.07 $28.79 $31.53 $34.26 Public Works Leadworker Mechanic $35.71 Effective 1/1/2023 Step 2 Step 3 Step 4 Step 5 Public Works Maintenance Worker $26.85 $29.65 $32.47 $35.29 Public Works Leadworker Mechanic $36.78 • Health Insurance – The City’s contribution for insurance is the same as other groups and non-union employees ($1,730 per month for 2022, with a reopener for 2023). • Holidays—Juneteenth (June 19) shall be added to the holiday schedule upon adoption by the State of Minnesota. • Overtime— early start compensation shall include a $4.00 hourly shift differential which is a $2.00 increase from 2021 levels. • Clothing— Annual clothing allowance increased from $410.00 to $430. Mechanic Protective clothing/boots allowance was increased from $250.00 to $270 in 2022 and to $290 in 2023. Increasing annual city clothing allowance from $190 to $210. The Maximum carry over between years is double the new rate. BUDGET IMPACT Costs associated with the negotiated agreement are included in the 2022 city budget. ACTION RECOMMENDED Staff recommends approval of the agreement between the City of Mendota Heights and the Minnesota Teamsters Local 320, covering Public Works for 2022-2023 ACTION REQUIRED If the City Council concurs, it should, by motion, approve the 2022-2023 labor agreement between the City of Mendota Heights and the Minnesota Teamsters Local 320. LABOR AGREEMENT between THE CITY OF MENDOTA HEIGHTS and MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 Representing PUBLIC WORKS EMPLOYEES EFFECTIVE JANUARY 1, 2022 THROUGH DECEMBER 31, 2023 ARTICLE TABLE OF CONTENTS PAGE 1 Purpose of Agreement 1 2 Recognition 1 3 Union Security 1 4 Employer Security 2 5 Employer Authority 2 6 Employee Rights – Grievance Procedure 2 7 Definitions 4 8 Savings Clause 5 9 Work Schedules 5 10 Overtime Pay 6 11 Call Back 6 12 Standby 6 13 Legal Defense 7 14 Right to Subcontract 7 15 Discipline 7 16 Seniority 7 17 Probationary Periods 8 18 Safety 8 19 Job Posting 8 20 Waiver 8 21 Wages 9 22 Clothing 9 23 Insurance 10 24 Holidays 10 25 Personal Leave and Extended Disability Protection 11 26 Funeral Leave 11 27 Vacation 12 28 Injury on Duty 12 29 National Teamsters Drive 12 30 Educational Incentive 12 31 Duration 13 Signature Page 13 Appendix A City of Mendota Heights Drug/Alcohol Testing Policy 14 Memorandum of Understanding (Post-Retirement Health Savings Plan 16 Memorandum of Understanding (Parks Division Work Hours) 17 Memorandum of Understanding (Wages) 18 LABOR AGREEMENT between CITY OF MENDOTA HEIGHTS and MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 ARTICLE 1. PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Mendota Heights; hereinafter called EMPLOYER, and Local No. 320, Minnesota Teamsters Public and Law Enforcement Employees' Union. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of the Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2. RECOGNITION 2.1 The EMPLOYER recognizes the Union as the exclusive representative under Minnesota Statutes, Section 179.71, Subd. 8 in an appropriate bargaining unit consisting of the following job classifications: Public Works Lead Worker Public Works Maintenance Worker Public Works Mechanic 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of the new or modified job class, the issue shall be submitted to the State of Minnesota Bureau of Mediation Services for determination. ARTICLE 3. UNION SECURITY In recognition of the Union as the exclusive representative, the Employer shall: 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the wages of all employees authorizing in writing such deduction, and 3.2 Remit such deduction to the appropriate designated officer of the Union. 3.3 The Union may designate certain employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 3.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE 4. EMPLOYER SECURITY 4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage, participate in or support any strike, slow down or other interruption of or interference with the normal functions of the Employer. 4.2 Any employee who engages in a strike may have his/her appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 4.3 An employee who is absent from any portion of his/her work assignment without permission, or who abstains wholly or in part from the full performance of his/her duties without permission from his/her Employer on the date or dates when a strike occurs is prima facie presumed to have engaged in a strike on such date or dates. 4.4 An employee who knowingly strikes and whose employment has been terminated for such action may, subsequent to such violation, be appointed or reappointed or employed or re-employed, but the employee shall be on probation for two (2) years with respect to such tenure of employment, or contract of employment, as he/she may have theretofore been entitled. 4.5 No employee shall be entitled to any daily pay, wages or per diem for the days on which he/she engaged in a strike. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 6. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 6.2 Union Representatives The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so designated. 6.3 Processing of a Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee's duties and responsibilities. The aggrieved employee and the Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the employee and the Union Representative have notified and received the approval of the designated supervisor, who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 6.4 Procedure Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of this· Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer's designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer designated representative's final answer to Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer designated Step 2 representative. The Employer designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days following the Employer designated representative's receipt of the Step 2 appeal. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer designated Step 3 representative. The Employer designated Step 3 representative shall give the Union the Employer's answer in writing within ten (10) calendar days following the Employer designated representative's receipt of the Step 3 appeal. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 6.5 Arbitrator’s Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 W aiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union. ARTICLE 7. DEFINITIONS 7.1 Union: The Minnesota Teamsters Public and Law Enforcement Employees' Union, Local 320. 7.2 Employer: The individual municipality designated by this Agreement. 7.3 Union Member: A member of the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 7.4 Employee: A member of the exclusively recognized bargaining unit. 7.5 Base Pay Rate: The employee's hourly pay rate exclusive of longevity or any other special allowances. 7.6 Seniority: Length of continuous service with the Employer. 7.7 Compensatory Time: Time off the employee's regularly scheduled work schedule equal in time to overtime worked. 7.8 Overtime: Work performed at the express authorization of the Employer in excess of the normal work schedule in effect, (except for shift changes). 7.9 Call Back: Return of an employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of, or early report to an assigned shift, is not a call back. 7.10 Strike: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions, ei: compensation, or the rights, privileges or obligations of employment. ARTICLE 8. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE 9. WORK SCHEDULES 9.1 The sole authority in work schedules is the Employer. Service to the public may require the establishment of, regular shifts for some employees on a daily or weekly basis other than the normal work schedule. The normal work schedule shall not exceed eight (8) hours within a twenty-four (24) hour period, or forty (40) hours in a five (5) day period, (except for shift changes). The normal work schedule shall not involve a split work week. The Employer will give advance notice to the employees affected by the establishment of work days different from the employee's normal work schedule. 9.2 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than the scheduled shift; however, each employee has an obligation to work overtime or call backs if requested, unless unusual circumstances prevent him/her from so working. 9.3 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE 10. OVERTIME PAY 10.1 Hours worked in excess of the normal work schedule in effect within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a five (5) day period will be compensated at one and one-half (1½) times the employee's regular base pay rate. Pay for the seventh (7th) consecutive day will be at double (2) time the employee's regular base pay rate, ARTICLE 7 excluded. Hours worked between midnight and 7 a.m. shall be paid a differential of four dollars ($4.00) per hour for a snow or ice emergency. 10.2 Overtime will be distributed as equally as practicable. 10.3 Overtime refused by employees will, for record purposes under Article 10.2, be considered as unpaid overtime worked. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 10.5 An employee may choose to receive compensatory time as compensation for overtime hours at the rate of 1.5 hours for each hour worked. Beginning November 1, 2016, the maximum allowable balance of such hours carried into the next twelve months (i.e., November 1, to October 31) shall be one hundred fifty (150) hours. The Employer will convert to compensation an employee balance in excess of the 150 hours maximum. 10.6 An employee may request to convert to compensation any portion of their compensatory time balance the second pay period in May and November if requested in writing with the submission of the employee time sheet. 10.7 One hundred percent (100%) of the compensatory time balance converted to compensation in May and November will be contributed into the employee's State of Minnesota Post-Retirement Health Savings Plan. ARTICLE 11. CALL BACK An employee called in for work at a time other than his/her normal scheduled shift will be compensated for a minimum of two and one-half (2½) hours pay at one and one-half (1½) times the employee's base pay rate. ARTICLE 12. STANDBY Employees are expected to perform certain routine tasks on Saturdays, Sundays, and holidays and in conjunction therewith, must be available for servicing emergency calls also. Stand-by duty pay shall be two (2) hours at one and one-half (1½) times base rate for each twenty-four (24) hour period or major portion thereof. Compensation for performing routine tasks shall be one (1) hour at one and one-half (1½) times base rate for checking of two (2) sewer stations and any other emergency duties. This combination of holiday and weekend compensation shall be at the minimum rate of five (5) hours at one and one-half (1½) times base rate for the combination Saturday/Sunday weekend, and eleven (11) hours at one and one-half (1½) times base rate for a three (3) day weekend. ARTICLE 13. LEGAL DEFENSE 13.1 Employees involved in litigation because of negligence, ignorance of laws, nonobservance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 13.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his/her employment, when such act is performed in good faith and under direct order of his/her supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE 14. RIGHT OF SUBCONTRACT Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employees covered by this Agreement. ARTICLE 15. DISCIPLINE 15.1 The Employer will discipline employees for just cause only. Discipline will be in the form of: A. oral reprimand; B. written reprimand; C. suspension; D. demotion; or E. discharge 15.2 Suspensions, demotions and discharges will be in written form. 15.3 Written reprimands, notices of suspension, notices of demotion, and notices of discharge to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 15.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 15.5 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such meeting. 15.6 Grievances relating to this Article shall be initiated by the Union at Step 3 of the Grievance Procedure under Article 6. ARTICLE 16. SENIORITY Seniority will be the determining criteria for transfers, promotions and layoffs only when all other qualification factors are equal. ARTICLE 17. PROBATIONARY PERIODS 17.1 All newly hired or rehired employees will serve a twelve (12) month probationary period. 17.2 All employees will serve a six (6) months' probationary period in any job classification in which the employee has not served a probationary period. 17.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the Employer. 17.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the Employer. ARTICLE 18. SAFETY The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety manners and to encourage employees to work in a safe manner. ARTICLE 19. JOB POSTING 19.1 The Employer and the Union agree that permanent job vacancies wit in the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: A. have the necessary qualifications to meet the standards of the job vacancy; and B. have the ability to perform the duties and responsibilities of the job vacancy. 19.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article 17 (Probationary Periods). 19.3 The Employer has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 19.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 20. WAIVER 20.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 20.2 The parties mutually acknowledge that during negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed from law by bargaining. All are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions or employment referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE 21. WAGES 21.1 Increase wages by 3.0% for 2022 and 3.0% for 2023, and create steps as listed below. Effective 1/1/2022 Step 2 Step 3 Step 4 Step 5 Public Works Maintenance Worker $26.07 $28.79 $31.53 $34.26 Public Works Leadworker Mechanic $35.71 Effective 1/1/2023 Step 2 Step 3 Step 4 Step 5 Public Works Maintenance Worker $26.85 $29.65 $32.47 $35.29 Public Works Leadworker Mechanic $36.78 21.2 Work performed, as assigned by the Employer, to replace an absent mechanic shall be compensated at one-half (1/2) the difference between the employee's regular compensation and the mechanic's regular compensation. The mechanic is absent when on authorized leave or vacation. ARTICLE 22. CLOTHING 22.1 Clothing allowance for 2022 and 2023 in the amount of $430.00, annually. 22.2 In lieu of a clothing allowance, the Mechanic position will receive uniforms through an approved vendor. 22.3 Employees shall be reimbursed for actual costs of protective/safety boots up to $150.00 dollars in 2022 and $170.00 in 2023. A yearly boot allowance can be carried over from year to year, up to a maximum of double the annual allowance. The Mechanic shall be reimbursed for actual costs of protective/safety boots up to $270.00 for 2022 and $290.00 for 2023. The yearly boot allowance can be carried over from year to year, up to a maximum of double the annual allowance. 22.4 Employees will be responsible for wearing clothing with the City logo or city identification on the outermost layer. A uniform allowance account will be established for each employee in the amount of $210.00 for 2022 and $230.00 for 2023 to cover costs to purchase city logoed/city identified t-shirts, sweatshirts, jackets and hats. The $190.00 shall not be subject to carryover, and monies not expended shall not be refundable. ARTICLE 23. INSURANCE The Employer will contribute up to a maximum of one thousand seven hundred and thirty dollars ($1,730.00) per month per employee for 2021 towards health, term life, short term disability, long-term disability insurance and dental insurance. The Employer will contribute up to a maximum of one thousand seven hundred and thirty dollars ($1,730.00) per month per employee for 2023 towards health, term life, short term disability, long-term disability and dental insurance. If any City of Mendota Heights employee group is awarded a higher amount in 2022 or 2023 the Union members shall receive the higher amount. ARTICLE 24. HOLIDAYS 24.1 Thirteen (13) paid 8-hour holidays are granted. Eleven (11) conventional holidays are as follows: January 1 New Year’s Day 3rd Monday of February President’s Day Friday before Easter Good Friday Last Monday in May June 19th Memorial Day Junteenth* July 4 Independence Day 1st Monday in September Labor Day 2nd Monday in October Columbus Day November 11 Veterans’ Day 4th Thursday of November Thanksgiving Day December 25 Christmas *The Juneteenth 8-hour holiday is contingent on approval by the State of Minnesota If January 1, New Year's Day; Juneteenth*, July 4, Independence Day; November 11, Veterans' Day; or December 25, Christmas, fall on Saturday, the preceding Friday shall be considered a holiday. If January 1, June 19*, July 4, November 11, or December 25 fall on a Sunday, the following Monday shall be considered a holiday. 24.2 In recognition of Martin Luther King's birthday, an eleventh (11th) day, a floating holiday, will be granted, conditioned that scheduling arrangements must be approved by the supervisor at least two (2) days in advance of the floating holiday. One (1) additional floating holiday will be included in the schedule for a total of two (2) floating holidays. 24.3 An employee required to work on a scheduled holiday will be compensated at one and one-half (1½) times the employee's regular rate of pay, and will receive time off equivalent to the holiday hours worked, to a maximum of eight (8), at a time subsequently scheduled by the supervisor. Employees working on Thanksgiving holiday and Christmas holiday shall receive two (2) times the employee's regular rate of pay. ARTICLE 25. PERSONAL LEAVE and EXTENDED DISABILITY PROTECTION 25.1 Personal Leave: All permanent full-time employees shall accrue personal leave at the rate of four (4) hours per month, to a maximum of 320 hours. Personal leave shall be available for use without restriction, except prior approval of the supervisor. An employee shall not be allowed to use more than twenty (20) consecutive personal days, or a combination of twenty (20) consecutive personal and vacation days, without prior approval of the City Council. Each December 1, any employee with an accrued personal leave balance in excess of 320 hours may convert the excess hours at the rate of fifty percent (50%), to either additional cash compensation, or additional vacation time. The compensation will be made, or the extra vacation credited, with the second payroll in December. Upon separation, employees shall be compensated for any unused personal leave balance. 25.2 Extended Disability Protection: All permanent full-time employees shall accrue extended disability leave at the rate of four (4) hours per month, to a cumulative maximum of six hundred and forty (640) hours. Extended disability protection is available for use on the first (1st) consecutive day of a personal illness, and thereafter, or anytime for a work related illness or injury. Employees are to keep their supervisor informed of their condition. The supervisor may require a letter of report from the attending physician. Claiming extended disability leave when physically fit may be cause for disciplinary action, including transfer, demotion, suspension, or dismissal. In cases of extreme emergency involving employees with a record of meritorious service, who through serious or protracted illness have used up all accumulated personal leave, extended disability leave, vacation leave, and compensatory time off, an extension of extended disability leave beyond the maximum provided in this resolution may be granted by the City Council. The resultant deficit will be repaid promptly through application of future personal and extended disability leave accruals. 25.3 Employees will contribute twenty percent (20%) of their total accrued personal leave hours on November 1st of each year beginning in November of 2007 which will be put into the State of Minnesota's Post Retirement Health Care Savings Plan(s) in their account/name. 25.4 Upon separation from employment with the City, an employee will put all unused vacation and personal leave, hours for hours, into the State of Minnesota's Post Retirement Health Care Savings Plan(s). ARTICLE 26. FUNERAL LEAVE All permanent employees, both full-time and part-time, may attend the funeral of their spouse, mother, father, children, brother, sister, mother-in-law, father-in-law, grandparent, brother-in- law, sister-in-law, son- in-law, daughter-in-law, and grandchild as paid Funeral Leave. Such funeral leave shall not exceed twenty- four (24) hours and shall not be counted as sick leave. ARTICLE 27. VACATION 27.1 Time is accrued according to the following schedule: Eighty (80) hours after one (1) year service; and eighty (80) hours per year through four (4) years of service; One hundred twenty (120) hours per year after five (5) years of service and one hundred twenty (120) hours per year through nine (9) years of service; Eight (8) additional hours per year after ten (10) years of service with a maximum of one hundred sixty (160) after fifteen (15) years of service. 27.2 Employees may accrue vacation leave not to exceed a maximum of two hundred (200) hours. 27.3 No employees shall be permitted to waive vacation for the purpose of receiving double pay. ARTICLE 28. INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee regular pay and Worker Compensation insurance payments for a period not to exceed one hundred twenty (120) working days per injury, not charged to the employee vacation, sick leave or other accumulated paid benefits. ARTICLE 29. NATIONAL TEAMSTERS D.R.I.V.E. (Democratic/Republican//Independent Voter Education) Upon receipt of a properly executed voluntary authorization card from an employee, the City will deduct from the employee's salary such amounts as the employee authorizes to pay National Teamsters D.R.I.V.E. Any start-up costs will be reimbursed by the Union. ARTICLE 30. EDUCATIONAL INCENTIVE 30.1 Certification/License are paid on a straight time basis. Monthly payments for certification shall be as follows: MPCA Underground Storage Tank Operator $20.00 Pesticide Applicator License $20.00 Roads Scholar Certification (LTAP) $20.00 Tree Inspector Certification $20.00 Waste Water Operator Certification S-C $20.00 Waste Water Operation Certification D $20.00 30.2 The City reserves the ability to limit the number of compensated certifications/ licenses covered under Article 30. ARTICLE 31. DURATION This Agreement shall be effective as of January 1, 2022 and shall remain in full force and effective until December 31, 2023. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 5th day of April,2022. CITY OF MENDOTA HEIGHTS MINNESOTA TEAMSTERS LOCAL NO. 320 Mayor Hannah Bernardson, Business Agent City Administrator Steward City Clerk APPENDIX A CITY OF MENDOTA HEIGHTS DRUG/ALCOHOL TESTING POLICY (Adopted: ) The City of Mendota Heights (hereinafter "City" or "Mendota Heights") values its employees and citizens, and recognizes the need for a safe, productive and healthy work environment. Employees who abuse drugs and/or alcohol are less productive, less dependable, and are a critical threat to the safety, security and welfare of themselves, fellow employees, vendors, and citizens. It is the policy to the City Mendota Heights to maintain a workplace free from the use and abuse of drugs and alcohol. The City of Mendota Heights will require that all employees and applicants participate in, consent and comply with the terms of this Policy as a condition of employment and continued employment. If questions arise regarding this Policy, please direct them to the City Administrator. As part of its continuing effort to protect health, safety and security, the City of Mendota Heights has adopted a drug/alcohol testing policy in accordance with Minnesota law, as follows: 1. The use, sale, possession, or transfer of drugs or alcohol are strictly prohibited by all employees and job applicants on City property, and at all times while City property is in use. 2. All employees and job applicants are subject to urinalysis or blood testing for the presence of drugs and/or alcohol, in accordance with this Policy. 3. Job applicants will be tested after an offer of employment has been made in each case, contingent upon the applicant's successful completion of the testing, and after the applicant has reviewed and completed the Pre-Testing Acknowledgement form, which will be supplied by the City. 4. The City of Mendota Heights employees will be subject to testing when there is reasonable suspicion that: • They are under the influence of drugs or alcohol; or • They have violated the policy set forth in Paragraph 1 above; or • They have sustained a personal injury, or they have caused another employee to sustain a personal injury; or • They have caused a work-related accident, or were operating or helping to operate any machinery, equipment, or vehicle involved in a work-related accident. 5. Any employee who has been referred for chemical dependency treatment or evaluation, or is participating in treatment under an employee benefit plan, may be required to submit to testing during the course of participation in the evaluation or treatment, and for a period of two years following the completion of any prescribed chemical dependency treatment program. 6. Any employee or job applicant may refuse to submit to testing to be conducted pursuant to this Policy, but refusal will result in the following consequences: • As to any job applicant: an immediate withdrawal of the pending job offer; • As to any employee: discipline or termination of employment, at the sole discretion of management. 7. All testing will be conducted in accordance with the following procedures: • Each person to be tested will complete, sign and date a Pre-Testing Acknowledgment form supplied by the City. • Each test will be conducted by a laboratory which is authorized by law to conduct such tests, and which confirms to the City of Mendota Heights that its procedures are in accordance with Minnesota law. • All samples which test "positive" on an initial screening test will be subjected to a confirmatory retest by the laboratory, before the results are reported to the employee or job applicant; • Results will be reported to each employee and job applicant in writing within three (3) working days of the receipt of the results by the City. • Any employee or job applicant may submit additional information for the purpose of explaining such test results, or may request a confirmatory retest at his or her own expense. Any such additional information or request for a retest must be submitted in writing to the City Administrator of Mendota Heights within five (5) working days after notice of the results of the test. A positive result on the final confirmatory retest pursuant to this Policy will result in the following consequences: a). Employee on the first incident: the requirement, as a condition of employment, that the employee successfully complete a drug or alcohol counseling or rehabilitation program selected by the City, at the employee's expense, or under an employee benefit coverage program. b). Employee on the second or subsequent such incident: discipline or termination from employment, at the sole discretion of the City. All tests employees will be entitled to receive a copy of the laboratory document which certifies the test results. DATE: April 5, 2022 TO: Mayor, Council and City Administrator FROM: Kelly McCarthy, Chief of Police / Emergency Manager SUBJECT: Resolution 2022-22 Approving State of Minnesota Joint Powers Agreements (JPA’s) with the City of Mendota Heights on behalf of its City Attorney and Police Department. INTRODUCTION The Council is asked to approve JPA’s with the State of Minnesota for Police communications. BACKGROUND In order for the Mendota Heights Police Department to access the state criminal justice data communications network, the City must enter into two joint power agreements. One agreement authorizes access for the police department, and the other authorizes access for the law firm of Grannis and Hauge. The joint powers agreements are renewed every five years. BUDGET IMPACT The cost is $2,880.00 per year and is included in the 2022 budget. RECOMMENDATION I recommend approval. ACTION REQUIRED If Council desires to implement the recommendation, pass a motion adopting Resolution No. 2022-22 APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF MENDOTA HEIGHTS ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT RESOLUTION NO. 2022-22 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF MENDOTA HEIGHTS ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Mendota Heights, on behalf of its Prosecuting Attorney and Police Department, desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Mendota Heights, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Mendota Heights on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. That the Chief of police, Kelly McCarthy, or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 3. That the law firm of Grannis and Hauge, Jeremy P. Knutson, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 4. The Mayor, and the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements on behalf of the City of Mendota Heights, and that the City Administrator is authorized to act as the Authorized Representative’s designee. Passed and Adopted by the Council on this _____ day of ______________. CITY OF MENDOTA HEIGHTS ________________________________ By: Stephanie Levine Its Mayor ATTEST: _______________________________ By: Lorri Smith Its City Clerk State of Minnesota Joint Powers Agreement This Agreement is between the State of Minnesota, acting through its Department of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Mendota Heights of behalf of its Police Department ("Governmental Unit"). The BCA and the Governmental Unit may be referred to jointly as “Parties.” Recitals Under Minn. Stat. § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46, the BCA must provide a criminal justice data communications network to benefit political subdivisions as defined under Minn. Stat. § 299C.46, subd. 2 and subd. 2(a). The Governmental Unit is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this Agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized political subdivisions in performing their duties. The Governmental Unit wants to access data in support of its official duties. The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective Date. This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five years from the date it is effective. 2 Agreement Between the Parties 2.1 General Access. BCA agrees to provide Governmental Unit with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Governmental Unit is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of Access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Governmental Unit use the Governmental Unit’s equipment to access the BCA’s systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s systems or tools. B. Indirect Access occurs when individual users at the Governmental Unit go to another Governmental Unit to obtain data and information from BCA’s systems and tools. This method of access generally results in the Governmental Unit with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-Computer System Interface occurs when the Governmental Unit’s computer exchanges data and information with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Governmental Unit employees or contractors may use any of these methods to use BCA’s systems and tools as described in this Agreement. Governmental Unit will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal Systems Access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 2.4 Governmental Unit Policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-employment), security, timeliness, training, use of the system, and validation. Governmental Unit has created its own policies to ensure that Governmental Unit’s employees and contractors comply with all applicable requirements. Governmental Unit ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us/launchpad/. 2.5 Governmental Unit Resources. To assist Governmental Unit in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://bcanextest.x.state.mn.us/launchpad/cjisdocs/docs.cgi?cmd=FS&ID=795&TYPE=DOCS. 2.6 Access Granted. A. Governmental Unit is granted permission to use all current and future BCA systems and tools for which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Governmental Unit’s written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is eligible. 2.7 Future Access. On written request from the Governmental Unit, BCA also may provide Governmental Unit with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Governmental Unit agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes Prior Agreements. This Agreement supersedes any and all prior agreements between the BCA and the Governmental Unit regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to Update Information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving the Governmental Unit as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction Record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Governmental Unit conducted a particular transaction. If Governmental Unit uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s transaction record meets FBI-CJIS requirements. When Governmental Unit’s method of access is a computer-to-computer interface as described in Clause 2.2C, the Governmental Unit must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If a Governmental Unit accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Governmental Unit must have a transaction record of all subsequent access to the data that are kept by the Governmental Unit. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA’s request. 2.12 Court Information Access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Governmental Unit if the Governmental Unit completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by the Governmental Unit under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Governmental Unit’s access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor Personnel Screening. The BCA will conduct all vendor personnel screening on behalf of Governmental Unit as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Governmental Unit. 3 Payment The Governmental Unit currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46. The bills are sent quarterly for the amount of Two Hundred Seventy Dollars ($720.00) or a total annual cost of One Thousand Eighty Dollars ($2,880.00). The Governmental Unit will identify its contact person for billing purposes, and will provide updated information to BCA’s Authorized Representative within ten business days when this information changes. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA’s Authorized Representative is the person below, or her successor: Name: Dana Gotz, Deputy Superintendent Address: Minnesota Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Avenue Saint Paul, MN 55106 Telephone: 651.793.1007 Email Address: Dana.Gotz@state.mn.us The Governmental Unit’s Authorized Representative is the person below, or his/her successor: Name: Kelly McCarthy, Chief Address: 1101 Victoria Curve Mendota Heights, MN 55118 Telephone: 651.452.1366 Email Address: kellym@mendota-heights.com 5 Assignment, Amendments, Waiver, and Agreement Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws, governs the Governmental Unit’s liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit’s books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Governmental Unit’s records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If the Governmental Unit accesses federal databases, the Governmental Unit’s records are subject to examination by the FBI and BCA; the Governmental Unit will cooperate with FBI and BCA auditors and make any requested data available for review and audit. 7.4 If the Governmental Unit accesses state databases, the Governmental Unit’s records are subject to examination by the BCA: the Governmental Unit will cooperate with the BCA auditors and make any requested data available for review and audit. 7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Governmental Unit. The Governmental Unit and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. 8.2 Court Records. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Governmental Unit comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of Alleged Violations; Sanctions For purposes of this clause, “Individual User” means an employee or contractor of Governmental Unit. 9.1 Investigation. The Governmental Unit and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental Unit and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Governmental Unit of the suspected violation, subject to any restrictions in applicable law. When Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Governmental Unit internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Governmental Unit must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Governmental Unit must report the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User’s access to systems or tools than that made by Governmental Unit and BCA’s determination controls. 9.2.2 If BCA determines that Governmental Unit has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA’s satisfaction. If Governmental Unit’s failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Governmental Unit. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Governmental Unit. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment and if Governmental Unit’s Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is only at the direction of the Court. 9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Governmental Unit may terminate this Agreement at any time, with or without cause, upon 30 days’ written notice to the other party’s Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party’s authorized representative. The Governmental Unit is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK The Parties indicate their agreement and authority to execute this Agreement by signing below. 1. GOVERNMENTAL UNIT Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 3. COMMISSIONER OF ADMINISTRATION As delegated to the Office of State Procurement By: ______________________________________________ Date: _____________________________________________ Request for City Council Action MEETING DATE: April 5, 2022 TO: Mayor, City Council, and City Administrator FROM: Goldenstein, Assistant Fire Chief SUBJECT: February 2022 Fire Synopsis Fire calls: Types of Calls: Building Fire: 1 Mendota Heights Fire responded to a garage fire with a fully involved (attached) garage. A second alarm was dispatched for auto aid. Mutual aid was received from Inver Grove Heights, South Metro and Eagan Fire Departments. Firefighters were on scene and had to work in the cold weather put out the fire. Medical 6 Six times during the month of February the Mendota Heights Fire Department was dispatched to calls that were medical in nature. Carbon Monoxide Activation, no CO 1 There was one call for a carbon monoxide alarm and there was no carbon monoxide detected. Service Call – 1 The MHFD was paged to assist the police department in the search for a person. Dispatched & Cancelled Enroute 3 There were three calls that were dispatched and then we were cancelled. One was for a fire near the Mendota Bridge that was actually a controlled burn. The other two were for a smoke alarms that were set off and cancelled by dispatch because the alarm company received the proper code for cancellation. Smoke Scare 1 One call was for a call back to the location of the garage fire. There appeared to be fresh smoke in the garage area and firefighters responded to provide more salvage and overhaul to the previous burned area. Mendota Heights 14 calls Lilydale 1 call(s) Mendota 1 call(s) Sunfish Lake 1 call(s) Other 3 call(s) Total: 20 calls False Alarms 4 February had the department paged four times. One call was for an alarm malfunction. The smoke detector was over 20 years old and the homeowner was advised to replace the detector. Two were calls were for unintentional alarms. One alarm was set off because of construction dust and the other call was for burnt pizza. The fourth call was for an outdoor recreational fire and upon arrival no issues were found. Mutual Aid 3 We were called out to assist other fire departments two times. One of the calls was to Inver Grove Heights for a vehicle fire and it turned out to be an oil leak with no fire. One other call was to South Saint Paul for an actual fire. Mendota Heights Firefighters assisted with the overhaul of the fire scene in South Saint Paul. The last mutual aid call was to West St. Paul, en route firefighters were informed there was no issue and we were then cancelled. Training: February 2 18:30 Company Operations This mandatory drill was a refresher on necessary skills for arrival on the scene of a working fire, deploying a hose line, and getting the hose line connected to a fire hydrant. February 10 07:00 Company Operations This mandatory drill was a refresher on necessary skills for arrival on the scene of a working fire, deploying a hose line, and getting the hose line connected to a fire hydrant. February 12 08:00 Report Writing Report writing was taught to go over proper fire report writing when documenting fire calls. These fire reports end up going to the state. Making certain that all areas of the report are filled in properly with the correct coding is imperative. February 16 18:30 Blood Bourne Pathogens & Right-to-Know This was an annual mandatory drill for all firefighters that is required by OSHA. We went over our department and city policies in regard to blood bourne pathogens (and how the department offers means to protect firefighters). Also discussed, was right-to-know in terms of potentially hazardous products that firefighters may be exposed to and what to do if exposed. This training also covered lock-out/tag-out procedures for the protection firefighters and others. February 21 21:00 Radio Communications The drill focused on proper radio communication including proper verbiage and standardized terminology between departments in the county. February 22 07:00 Radio Communications The drill focused on proper radio communication including proper verbiage and standardized terminology between departments in the county. Number of Calls 20 Total Calls for Year 51 FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE ACTUAL FIRES Structure - MH Commercial $0 Structure - MH Residential 1 $455,000 $150,000 $605,400 Structure - Contract Areas $0 Cooking Fire - confined $0 Vehicle - MH $100 Vehicle - Contract Areas $0 Grass/Brush/No Value MH Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES Other Fire OVERPRESSURE RUPTURE $455,000 $150,000 $0 Excessive heat, scorch burns MEDICAL Emergency Medical/Assist 6 Vehicle accident w/injuries Extrication ALL FIRES, ALL AREAS (MONTH)$605,000 Medical, other HAZARDOUS SITUATION $605,000 Spills/Leaks Carbon Monoxide Incident 1 $0 Power line down Arcing, shorting $605,500 Hazardous, Other SERVICE CALL Smoke or odor removal $0 Assist Police or other agency Service Call, other 1 GOOD INTENT Good Intent Dispatched & Cancelled 3 Current To Date Last Year Smoke Scare 1 14 41 32 HazMat release investigation 1 1 4 Good Intent, Other 1 1 1 0 FALSE ALARMS 1 2 1 False Alarm 3 6 8 Malfunction 1 Unintentional 2 Total:20 51 45 False Alarm, other MUTUAL AID 3 FIRE MARSHAL'S TIME FOR MONTH Total Calls 20 Inspections 28 Investigations 0 WORK PERFORMED Hours To Date Last Year Re-Inspection 0 Fire Calls 336.5 745.5 681 Meetings 47 217 66.5 Meetings 2 Training 239.5 278.5 750.75 Special Activity 61 91.5 51 Administration 20 Fire Marshal 53 87.5 85 Plan Review/Training 3 TOTALS 737 1420 1634.25 TOTAL:53 Mendota Heights Only Structure/Contents Mendota Heights Only Miscellaneous Mendota Heights Total Loss to Date Contract Areas Loss to Date Lilydale Mendota Sunfish Lake Other MENDOTA HEIGHTS FIRE DEPARTMENT FEBRUARY 2022 MONTHLY REPORT FIRE LOSS TOTALS LOCATION OF FIRE ALARMS Mendota Heights 3/2/2022 Mendota Heights Building Activity Report Mike Andrejka, Building Official February 1, 2022 thru February 28, 2022 January 1, 2022 thru February 28, 2022 January 1, 2021 thru February 28, 2021 January 1, 2020 thru February 29, 2020 Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected SFD 0 -$ $0.00 SFD 0 -$ $0.00 SFD 2 1,370,450.00$ $14,476.28 SFD 1 400,000.00$ 4,713.64$ Apartment 0 -$ $0.00 Apartment 0 -$ $0.00 Apartment 0 -$ $0.00 Apartment 0 -$ -$ Townhouse 0 -$ $0.00 Townhouse 0 -$ $0.00 Townhouse 0 -$ $0.00 Townhouse 0 -$ -$ Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ -$ Misc 31 378,565.14$ 6,069.09$ Misc 63 1,055,200.98$ 17,155.83$ Misc 74 1,170,441.66$ 16,268.66$ Misc 55 816,689.85$ 11,522.70$ Commercial 5 263,000.00$ $4,485.23 Commercial 8 1,705,385.00$ $20,383.40 Commercial 1 52,258.35$ $704.25 Commercial 5 334,858.00$ 3,526.25$ Sub Total 36 641,565.14$ 10,554.32$ Sub Total 71 2,760,585.98$ 37,539.23$ Sub Total 77 2,593,150.01$ 31,449.19$ Sub Total 61 1,551,547.85$ 19,762.59$ Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Plumbing 23 $2,349.74 Plumbing 46 $5,051.24 Plumbing 35 $3,020.00 Plumbing 45 4,062.15$ Water 0 $0.00 Water 0 $0.00 Water 0 $0.00 Water 0 -$ Sewer 2 $150.00 Sewer 6 $450.00 Sewer 5 $375.00 Sewer 2 150.00$ Mechanical 25 $2,314.39 Mechanical 52 397.00$ $4,863.61 Mechanical 51 $5,928.79 Mechanical 60 4,982.93$ Sub Total 50 4,814.13$ Sub Total 104 10,364.85$ Sub Total 91 $9,323.79 Sub Total 107 9,195.08$ License No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Contractor 0 $0.00 Contractor 0 $0.00 Contractor 0 $0.00 Contractor 0 -$ Total 86 641,565.14$ 15,368.45$ Total 175 2,760,585.98$ 47,904.08$ Total 168 2,593,150.01$ 40,772.98$ Total 168 1,551,547.85$ 28,957.67$ NOTE: All fee amounts exclude SAC, WAC and State Surcharge. Amounts shown will reflect only permit, plan review fee and valuation totals Request for City Council Action DATE: April 5, 2022 TO: Mayor, City Council and City Administrator FROM: Dave Dreelan, Fire Chief Scott Goldenstein, Assistant Fire Chief Kelly Torkelson, Assistant City Administrator SUBJECT: Fire Captain Oath of Office/Swearing In INTRODUCTION The Council is asked to do a ceremonial swearing in of Captain Dan Johnson, the newest Fire Captain in the Mendota Heights Fire Department. BACKGROUND Dan Johnson has been promoted to the rank of Fire Captain in the Mendota Heights Fire Department. RECOMMENDATION Staff recommends the Mayor do the ceremonial Oath of Office for the Captain Johnson. ACTION REQUIRED If the Council desires to implement the recommendation, bring the candidate forward to be sworn in by the Mayo r. Request for City Council Action DATE: April 5, 2022 TO: Mayor Levine and City Council; City Administrator Jacobson FROM: Tim Benetti, Community Development Director SUBJECT: Resolution No. 2022-24 Approving a Wetlands Permit to 790 Havenview Court [Planning Case No. 2022-03] INTRODUCTION City Council is asked to consider adopting a resolution approving a Wetlands Permit to 790 Havenview Court. The property owners are Peter and Teresa Molinaro. BACKGROUND City Code Section 12-2-6 requires a wetlands permit for any work conducted within 100-ft. of an adjacent wetland or recognized water feature. The Molinaro’s are seeking to improve their back-yard area with new in-ground swimming pool, patio deck, retaining walls and landscaping. The proposed improvements are expected to cause no impacts to the adjacent pond. At the March 22, 2022 Planning Commission meeting, a planning report was presented on this case; a public hearing was held with comments from the public and the applicant. The Commission closed the hearing, and provided additional comments and conditions for the council to consider. Copies of the 03/22/2022 Planning Report and commission meeting minutes are appended to this memo. DISCUSSION The City can use its legislative authority when considering action on a Wetlands Permit, and has broad discretion. The only limitations are that actions must be constitutional, rational, and in some way related to protecting the health, safety and general welfare of the public. RECOMMENDATION The Planning Commission recommended unanimously (6-0 vote) to approve the Wetlands Permit to 790 Havenview Court, with findings-of-fact to support said approval and certain conditions, memorialized in the following draft resolution. ACTION REQUIRED The City Council may affirm this recommendation from the Planning Commission by adopting RESOLUTION NO. 2022-24, APPROVING A WETLANDS PERMIT TO 790 HAVENVIEW COURT. This adoption action requires a simple majority vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-24 RESOLUTION APPROVING A WETLANDS PERMIT TO 790 HAVENVIEW COURT (PLANNING CASE NO. 2022-03) WHEREAS, Myhra Design Group (the “Applicant”) and acting on behalf of Peter and Teresa Molinaro (the “Owners”) are requesting a Wetlands Permit as presented under Planning Case No. 2022-03, and for the property located at 790 Havenview Court (the “Subject Property”), as described in attached Exhibit-A; and WHEREAS, the Subject Property is guided LR-Low Density Residential in the 2040 Comprehensive Plan, and situated in the R-1 One Family Residential District; and WHEREAS, pursuant to Title 12-2-1 of the City Code, all new construction, related improvements, grading, and/or removals made within one-hundred feet (100’) of a wetland or water resource-related area in the city requires a wetlands permit; and WHEREAS, the Owners request approval to improve their back-yard area with new in- ground swimming pool, patio deck, retaining walls and landscaping on the Subject Property, and restore the disturbed areas based on the landscaping replacement plan designed and provided by the Applicant; and WHEREAS, on March 22, 2022 the Mendota Heights Planning Commission held a public hearing on this matter, and whereupon closing the hearing and discussion, voted unanimously (6- 0 vote) to recommend approval of the Wetlands Permit with certain findings-of-fact and conditions of approval as noted herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council, that the recommendation from the Planning Commission is hereby affirmed, and the Wetlands Permit as presented under Planning Case No. 2022-03, and for the property located at 790 Havenview Court, and to Peter and Teresa Molinaro is hereby approved with the following findings-of-fact: A. The proposed construction activities related to the new pool project and allowed under this Wetlands Permit meets the purpose and intent of the City Code; and meets a number of goals and policies established under the Natural Resources chapter of the 2040 Comprehensive Plan. B. All new work will have little, if any impacts to the pond, or the existing on-site drainage or drainage from surrounding properties. C. Owner/Applicant will provide additional and suitable wetland protective vegetation and plantings along the edge of the pond, which will help to reduce any impacts caused by stormwater run-off from the rear yard areas, and help reduce any soil and contaminant runoff. D. This property will provide adequate erosion control measures throughout the duration of the project and until all areas of the property have been fully planted and restored, which will ensure protection and lessen any runoff impacts to the adjacent pond during and after construction. E. The pool project and work contemplated under this wetlands permit shall be done in accordance with the rules and standards of the City’s Land Disturbance Guidance document; and will be closely monitored by city staff to ensure compliance with all Building Codes and related City Codes. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Wetlands Permit for the property located at 790 Havenview Court, and to Peter and Teresa Molinaro, is hereby approved with the following conditions: 1. All work and improvements noted on the plans appended to this Planning Report for Case No. 2022-03 shall be the only approved work allowed under this Wetlands Permit. If additional construction work in areas up to 100-feet from pond edge is needed, excluding the planting of trees and vegetation, the Owner must contact city staff prior to commencing any work, and repair and replant any disturbed areas with suitable plantings and materials, per direction of the city’s Natural Resources Coordinator. 2. The new pool structure shall comply with all standards and rules under Title 9 Building Regulations Section 9-2-1: Swimming Pools, and Title 12 Zoning of the City Code, and the Minnesota State Building Code regulations. 3. The new swimming pool and related structure work shall comply with all applicable standards and conditions noted under Title 12, Chapter 2 Wetlands Systems of City Code. 4. Any draining or back-flushing of water from pool shall be directed onto the Subject Property only, and shall not drain directly into the adjacent pond. Any drainage onto public streets or other public drainage ways shall require permission of the Public Works Director. 5. The Owners shall provide and maintain a 15’ – 20’ wide vegetative buffer (no disturbance) from the pond edge and the drainage and utility easement line, with said buffer planted with a MnDOT Seed Mix List #33-261 or other plantings approved by the city’s Natural resources Coordinator. 6. The proposed fence shall be placed up to or outside the drainage and utility easement line. 7. Any new excavating, grading and/or construction activity will be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. Full erosion/sedimentation measures shall be installed prior to commencement of work and maintained throughout the duration of the construction project 8. Prior to the release of any escrow payment, all disturbed areas in and around the project site, including the buffer area, shall be restored and have an established, protected and permanent ground cover immediately after the pool project is completed. 9. A building permit must be approved prior to the commencement of any construction work on the swimming pool or related landscaping work. Construction work shall occur only between the hours of 7:00 am and 8:00 pm weekdays; and 9:00 am to 5:00 pm weekends. 10. Best efforts will be made by the contractor(s) to “come clean, leave clean” during the course of construction on the subject property. 11. Best efforts will be made by the homeowners to buffer any discharge of pool water away from the wetland/pond. Adopted by the City Council of the City of Mendota Heights this 5th day of March, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Stephanie Levine, Mayor ATTEST: ________________________________ Lorri Smith, City Clerk EXHIBIT-A Address: 790 Havenview Court, Mendota Heights, MN 55120 PID No. 27-15152-02-030 Legal Description: Lot 3, Block 2, Bridgeview Shores 3rd Addition, Dakota County, Minnesota. [Abstract Property] Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 5511 PLANNING STAFF REPORT DATE:March 22, 2022 TO:Planning Commission FROM:Tim Benetti, Community Development Director SUBJECT:Planning Case 2022-03 WETLANDS PERMIT APPLICANT:Peter & Teresa Molinaro / Myhra Design Group PROPERTY ADDRESS:790 Havenview Court ZONING/GUIDED:R-1 One Family Residential/LR Low Density Residential ACTION DEADLINE:April 9, 2022 INTRODUCTION The applicants are seeking a Wetlands Permit to allow the installation of a new in-ground swimming pool, patio deck, retaining walls, and landscaping. A public hearing notice for this planning item was published in the Pioneer Press and notice letters were mailed to all properties within 350-feet of the subject property. No comments or objections were received. BACKGROUND / PROJECT DESCRIPTION The subject property is 0.75 acres in size (of which 0.28 acres is water), and is improved with two-story, 3,460-sq. ft. single family dwelling (GIS aerial image – below left). The back half of the lot is covered by a drainage and utility easement, which was dedicated under the Bridgewater Shores 3rd Addition. The property is adjacent to an established Type III wetland (i.e. Slightly Susceptible Wetland), as identified by the Wetlands Map in the city’s Surface Water Management Plan (SWMP) – (below right), and the city’s Official Wetlands System Map – 1977. Planning Case 2022-03 (Molinaro) Page 2 of 8 Last fall (2021), the homeowners hired Royal Outdoor & Pool Services to install a new 20’ x 40’ in-ground swimming pool, along with a new concrete patio deck, retaining walls and landscaping. The city was made aware of this project when Royal Pools submitted a building permit and site plan for the new pool. Staff also became aware the company began some vegetation clearing and removals last fall in preparation of this pool installation, and cleared a large area of this back yard space (see aerial image 09/13/2021 –below). Staff contacted the pool company and owners, and informed them this project required a Wetlands Permit, due to its proximity to the nearby pond. Due to the lateness of the construction season, it was recommended the owners/contractors shut down the site; continue to maintain the already installed silt-fence along the property boundaries; prepare a new survey, site plan and landscape plan for this pool project; and submit a wetlands permit for consideration. The owners later hired Myhra Design Group to prepare the new Site/Landscape Plan on the property (see partial plan image below – and full plan appended to this report). Planning Case 2022-03 (Molinaro) Page 3 of 8 Royal Pool-Outdoor indicated they had removed only 6 to 7 dead trees in the back yard, a lot of buckthorn, and scraped off the top layer of grass/sod in preparation of the new pool permit. There are a number of trees and plants that were not removed or affected along the back pond edge, as shown in the above aerial image and illustrated on the Site/Landscape Plan. The closest corner or point of the pool structure will be situated 55-feet from the adjacent pond edge; while the concrete deck is shown approximately 45-feet from the edge. The pool will also have retaining walls to support the pool structure and outer decking along three sides, with a tiered wall system along the back and partial side edge. It appears most of the wall heights vary from 2’ to 3.8’, with a high point of 4’ at one location. Walls 4-feet or less do not require any added or special structural engineering design to be approved. Per City Code, all properties with swimming pools must have a 5 to 6-ft. high fence around the pool structure or the rear yard. The Owners are requesting to install a new 5-ft. high black aluminum decorative style fence along the back edge of the home and fully around the back yard area (details of fence appended to this report). . ANALYSIS Pursuant to City Code Section 12-2-3, the Wetland Systems ordinance applies to wetlands and water resource related areas, and to adjacent land within one hundred feet (100') of normal high water markers of wetlands and water resource related areas as delineated on the official city wetlands systems map. The purpose of the Wetlands Systems chapter of City Code Section 12-2-1 is to: x Provide for protection, preservation, maintenance, and use wetlands and water resource-related areas; x Maintain the natural drainage system; x Minimize disturbance which may result from alteration by earthwork, loss of vegetation, loss of wildlife and aquatic organisms as a result of the disturbance of the natural environment or from excessive sedimentation; x Provide for protection of potable fresh water supplies; and x Ensure safety from floods. City Code Section 12-2-6 further states that any work or development upon or which would otherwise alter a wetland or potentially impact a water related resource area, must obtain a written permit from the city; with the list of activities noted as follows: 1. The deposit or removal of any debris, fill or other material over 100 cubic yards. 2. Any excavation over 100 cubic yards. 3. The digging, dredging, filling, or in any other way altering or removing any material from water bodies, watercourses, wetlands, floodplain, or natural drainage system. 4. The construction, alteration, or removal of any structure. 5. The removal of vegetation. 6. The altering of any embankment, ponding, or changing of the flow of water or ponding capacity. 7. Permanently storing materials. 8. Disposing of waste materials (including sewage, garbage, rubbish, and other discarded materials). 9.Installation and maintenance of essential services. The swimming pool project and related improvements presented by the Applicant under this Planning Case No. 2022-03 meet a number of these activities that require this Wetlands Permit for official review and approval. Planning Case 2022-03 (Molinaro) Page 4 of 8 As part of any Wetlands Permit review, the city must consider and evaluate the following standards and conditions as noted in the Wetland Ordinance Section 12-2-7: x Runoff from developed property and construction projects may be directed to the wetland only when reasonably free of silt and debris and chemical pollutants, and at such rates such as not to disturb wetland vegetation or increase turbidity. x No deleterious waste shall be discharged in a wetland or disposed of in a manner that would cause the waste to enter the wetland or other water resource area. x Removal of vegetation shall be permitted only when and where such work within the W district has been approved in accordance with the standards of this chapter. x Removal of vegetation within the W district but outside the wetland shall be limited to that reasonably required for the placement of structures and the use of property. It appears all major construction activities related to the installation of the new pool, deck and walls will take place far enough away from the pond; and this work will have little, if any effect upon the adjacent water body. No part of the pool structure, including the deck and walls will encroach or impact the dedicated drainage easement in the rear yard as well. The new landscaping for this back yard is shown with two new Ironwood Trees, a Japanese lilac, and a Red Splendor Crabapple. The back corners of the pool deck call for two Sugar Time Crabapples, and a variety of hydrangeas and hosta plantings. The back side of the house is also receiving a number of new plantings as well. The city’s Surface Water Management Plan provides certain guidelines and suggested standards (not requirements) for the city to follow or implement when dealing with new development near natural water features. The SWMP recommends a 25-foot no-disturbance/natural vegetative buffer zone from the wetland edge, in order to provide an extra level or measure of erosion and silt protection, and any fertilizer/chemical runoff from nearby residential lawn areas. The Survey/Site Plan shows a small dashed “Edge of Water” line and a larger dashed line representing the back drainage and utility easement line. This area between the pond edge and easement line varies from 15 to 20-feet in width (see partial survey image – below). Planning Case 2022-03 (Molinaro) Page 5 of 8 The city has maintained an informal policy and recommendation with other wetland permitted permit applications, that properties provide or dedicate some sort of natural or undisturbed “buffer” for added protection along wetland systems and features. In this case, the Owners intend to provide this space between the pond edge and back easement line as an acceptable vegetative buffer area from thepond, which is shown or identified on the Site/Landscape Plan. Based upon field inspection of the property by city staff, and the attached site photos (appended to end of this report), it appears the owners did not clear down to the pond edge (which is commendable), and the property retains a natural, vegetated strip with some miscellaneous or volunteer trees in this pond edge area. Per the recommendation of city staff, the buffer will be restored or planted with a suitable wetland seed mixture, MnDOT Seed Mix #33-261, which mixture was recently approved as part of a separate wetlands permit by the city. The city can also consider the buffer be planted with some additional El-Dorado feather reed grass noted on the Owners landscape plan/plantings list, which currently shows this type of grass to be planted near the back southwest corner of the home. The existing vegetated pond edge, along with the new trees and recommended buffer planting along this pond area, will provide adequate and suitable protection (minimize) any run-off towards the back pond. While fences are normally allowed inside drainage/utility easements, Staff further recommended the fence be placed up to the drainage/utility easement line, but not inside the buffer. The homeowners have demonstrated to city staff a desire to limit the scale and scope of this proposed backyard improvement project to an area situated a reasonable distance away from the pond, so any impacts to this pond will be minimal. The pool and landscape project will fit nicely with the overall size of the property, and should be an nice improvement. Most of the new work is being contained or limited to the area that serves as a fully functioning back yard space; and the Owners still retain some valuable open and useable yard space to enjoy, even with the large new swimming pool and related improvements. City staff has also identified a select number of Goals and Policy statements from the Natural Resource chapter of the 2040 Comprehensive Plan, which we feel provides additional support in granting approval of this requested Wetlands Permit, as follows: GOAL 1: Develop a professional, comprehensive, strategic Natural Resources Management Plan for city-wide natural areas and natural resources. Policy 9. Protect steep slopes, bluffs, and other sensitive areas from erosion and other threats, specifically throughout the development process. Policy No. 10. Encourage and promote the use of conservation design principles. GOAL 2: Protect, connect, restore, buffer, and manage natural areas, wildlife habitat, and other natural resources, for high ecological quality and diversity of plant and animal species. Policies: 1. Monitor new developments for restoration and invasive plant management. 4. Restore areas throughout the city with pollinator-friendly or native species to protect and enhance habitat for native pollinators and birds. 7. Explore the development of ordinances and or policies that establish minimum soil standards for development and redevelopment that can support turf, plantings, and/or healthy turf alternatives. 10. Prior to approval of landscape and development plans, work with applicants to encourage the preservation and installation of high ecosystem value communities. Planning Case 2022-03 (Molinaro) Page 6 of 8 GOAL 3: Protect and restore the natural ecological functions of the city’s water resources with emphasis on the improvement of stormwater management. Policies: 1. Explore and develop operational and procedural modifications to better enhance and support the thriving of the natural environment. 2. Work with partners to implement projects and develop and support programs that encourage infiltration, to reduce stormwater runoff and pollution to water-bodies. 4. Identify areas within the city, including public and private land that are lacking adequate stormwater treatment, and other stormwater BMPs. Implement projects to establish functioning stormwater treatment in order to protect and improve the city’s water resources. 5. Implement the city’s Local Surface Water Management Plan (LSWMP) through the use of ordinances, policies, and development standards. ALTERNATIVES 1. Approve the Wetlands Permit based on certain findings-of-fact, along with specific conditions of approval; or 2. Deny the Wetlands Permit based on revised findings-of-fact supporting such a recommendation as determined by the Planning Commission; or 3. Table the request and direct staff to extend the application review period an additional 60 days, pursuant to MN State Statute 15.99. STAFF RECOMMENDATION This landscape plan has been reviewed by the city’s Natural Resources Coordinator, and the plantings list and varieties presented are deemed acceptable. Staff recommends approval of the requested Wetlands Permit to Peter and Teresa Molinaro and for the property located at 790 Havenview Court, which would allow the construction of a new in-ground swimming pool, deck, fence and landscaping, based on the attached findings-of-fact and subject to the following conditions: 1. All work and improvements noted on the plans appended to this Planning Report for Case No. 2022- 03 shall be the only approved work allowed under this Wetlands Permit. If additional construction work in areas up to 100-feet from pond edge is needed, excluding the planting of trees and vegetation, the Owner must contact city staff prior to commencing any work, and repair and replant any disturbed areas with suitable plantings and materials, per direction of the city’s Natural Resources Coordinator. 2. The new pool structure shall comply with all standards and rules under Title 9 Building Regulations Section 9-2-1: Swimming Pools, and Title 12 Zoning of the City Code, and the Minnesota State Building Code regulations. 3. The new swimming pool and related structure work shall comply with all applicable standards and conditions noted under Title 12, Chapter 2 Wetlands Systems of City Code. 4. Any draining or back-flushing of water from pool shall be directed onto the Subject Property only, and shall not drain directly into the adjacent pond. Any drainage onto public streets or other public drainage ways shall require permission of the Public Works Director. Planning Case 2022-03 (Molinaro) Page 7 of 8 5. The Owners shall provide and maintain a 15’ – 20’ wide vegetative buffer (no disturbance) from the pond edge and the drainage and utility easement line, with said buffer planted with a MnDOT Seed Mix List #33-261 or other plantings approved by the city’s Natural resources Coordinator. 6. The proposed fence shall be placed up to or outside the drainage and utility easement line. 7. Any new excavating, grading and/or construction activity will be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. Full erosion/sedimentation measures shall be installed prior to commencement of work and maintained throughout the duration of the construction project 8. Prior to the release of any escrow payment, all disturbed areas in and around the project site, including the buffer area, shall be restored and have an established, protected and permanent ground cover immediately after the pool project is completed. 9. A building permit must be approved prior to the commencement of any construction work on the swimming pool or related landscaping work. Construction work shall occur only between the hours of 7:00 am and 8:00 pm weekdays; and 9:00 am to 5:00 pm weekends. FINDINGS-OF-FACT FOR APPROVAL Wetlands Permit for Peter & Teresa Molinaro 790 Havenview Court Planning Case No. 2022-03 1. The proposed construction activities related to the new pool project and allowed under this Wetlands Permit meets the purpose and intent of the City Code; and meets a number of goals and policies established under the Natural Resources chapter of the 2040 Comprehensive Plan. 2. All new work will have little, if any impacts to the pond, or the existing on-site drainage or drainage from surrounding properties. 3. Owner/Applicant will provide additional and suitable wetland protective vegetation and plantings along the edge of the pond, which will help to reduce any impacts caused by stormwater run-off from the rear yard areas, and help reduce any soil and contaminant runoff. 4. This property will provide adequate erosion control measuresthroughout the duration of the project and until all areas of the property have been fully planted and restored, which will ensure protection and lessen any runoff impacts to the adjacent pond during and after construction. 5. The pool project and work contemplated under this wetlands permit shall be done in accordance with the rules and standards of the City’s Land Disturbance Guidance document; and will be closely monitored by city staff to ensure compliance with all Building Codes and related City Codes. SITE PHOTOS – 790 HAVENVIEW COURT LOOKING WESTERLY – BACK YARD LOOKING EASTERLY – BACK YARD LOOKING SOUTHEASTERLY – BACK POND LINE LOOKING SOUTHERLY – BACK POND LOOKING SE’LYa – BACK CORNER OF DECK/PORCH POND EDGE – EROSION FENCE 1-"//*/($"4&/0 .0-*/"30 To: City of Mendota Heights My name is Keith Donovan and I am the owner of Royal Outdoor Services. I apologize for the work that was completed ahead of securing the permit. We removed buck thorn and 6 or 7 trees that were completely dead, including the stumps. Silt fence was installed before any work took place and we did not change any of the grades around the yard. We plan to plant new trees in the area once work is completed. Please let me know if there is anything I can do to help. Thank you, Keith Donovan Royal Outdoor Services 790 800 784 799 796 783 781 775 814 778 793 2464 769 2390 772 775 771 2391 785 790 803 771775 810 2481 781 796 767 750 800 778 785 772 784 2481 753 2472 2464 2465 767 766 HAVENVIE W C TPAGEL RDHAZEL CT This imagery is copyrighted and licensed by Nearmap US Inc, which retains ownership of the imagery. It is being provided by Dakota County under the terms of that license. Under that license, Dakota County is allowed to provide access to the “Offline Copy Add-On for Government”, on which this image services is based, at 6-inch resolution, six months after the capture date, provided the user acknowledges that the imagery will be used in their normal course of business and must not be resold or distributed for the City of Mendota Heights0100 SCALE IN FEETDate: 3/17/2022 790 HAVENVIEW COURT (MOLINARO) 28926725225896 307120 79 77 29775 29565 14240 39 37 38 28 26 24 23 22 21 20 19 18 29 171615 14 13 11 10 64 10 15 29 10 96 14 18 20 1515 22 19 11 10 790 784 796 775781 790 785 796 784 800 778 771 800 2464 778 HAVENVIEW CT This imagery is copyrighted and licensed by Nearmap US Inc, which retains ownership of the imagery. It is being provided by Dakota County under the terms of that license. Under that license, Dakota County is allowed to provide access to the “Offline Copy Add-On for Government”, on which this image services is based, at 6-inch resolution, six months after the capture date, provided the user acknowledges that the imagery will be used in their normal course of business and must not be resold or distributed for the WETLANDS MAP 790 Havenview Court City of Mendota Heights050 SCALE IN FEET3/17/2022 Drainage Utility Easement Line Material Quantity Size /ƌŽŶǁŽŽĚdƌĞĞ Ϯ ϮΗ :ĂƉĂŶĞƐĞ>ŝůĂĐdƌĞĞ ϭ Ϯ͘ϱΗ ZĞĚ^ƉůĞŶĚŽƌƌĂďĂƉƉůĞdƌĞĞ ϭ ϮΗ ^ƵŐĂƌdŝŵĞƌĂďĂƉƉůĞdƌĞĞ Ϯ ϮΗ >ŝŵĞůŝŐŚƚ,LJĚƌĂŶŐĞĂdƌĞĞ ϭ ηϭϬ tĞĞƉŝŶŐtŚŝƚĞ^ƉƌƵĐĞdƌĞĞ Ϯ ηϭϬ /ŶĐƌĞĚŝďĂůů,LJĚƌĂŶŐĞĂ ϭϴ ηϱ dŽƌ^ƉŝƌĞĂ ϭϴ ηϱ ĂŶĐŝŶŐYƵĞĞŶ,ŽƐƚĂ ϭϲ ηϭ ůŽƌĂĚŽ&ĞĂƚŚĞƌZĞĞĚ'ƌĂƐƐ ϴ ηϭ WŽǁtŽǁtŝůĚďĞƌƌLJ ĐŚŝŶĂĐĞĂ ϭϮ ηϭ ^ƚĂŝŶĞĚ'ůĂƐƐ,ŽƐƚĂ ϭϴ ηϭ TREES SHRUBS PERENNIALS Hundred Series #0230 - Digger Specialties Inc. - Digger Specialties Inc. https://www.diggerspecialties.com/products/fencing-2/courtyard-aluminum-fencing/residential-hundred-series/hundred-series-0230/[2/9/2022 3:27:34 PM] WHERE TO BUY | NEWS | FREQUENTLY ASKED QUESTIONS | AIA COURSES | PRODUCT OWNERS | PRODUCT RESOURCES | TRADE RESOURCES LOGIN PRODUCTS > FENCING > COURTYARD® ALUMINUM FENCING > RESIDENTIAL 0100 SERIES > HUNDRED SERIES #0230 HUNDRED SERIES #0230 Hundred Series #0230 - Digger Specialties Inc. - Digger Specialties Inc. https://www.diggerspecialties.com/products/fencing-2/courtyard-aluminum-fencing/residential-hundred-series/hundred-series-0230/[2/9/2022 3:27:34 PM] 3-Rail Flat Top Heights:36", 42", 48", 55"*, 60" Section Length:6' Centers (Standard); Available in Per Foot Sections from 3' to 6' and Per Inch Sections from 36" to 72" (even spacing between verticals) Standard Posts:2" x 2" (.060") Heavy Duty Posts:2" x 2" (.090") Gate Posts:2" x 2" (.060") w/Inserts = .310" wall, 2" x 2" (.090") w/Inserts = .270" Wall, 4" x 4" (.125"), and 6" x 6" (.185") Post Caps:2", 4" or 6" Flat (standard); 2" or 4" Ball (optional) Rails:1 1/8" (.065") w x 1" (.085") h Pickets:5/8" x 5/8" (.045") Picket Spacing:3.792" Between Pickets Racking:Standard Section Racks 20" in a 6' Section Warranty: Lifetime Limited Warranty WORKS WELL WITH SUBJECT PROPERTY790 Havenview Ct. SSOOILLSS MMAAPP -779900 HHaavveennvviieeww CCtt..((MMoolliinnaarroo)) Environment Environment - Geology & Soils Soil Types (SSURGO) AREASYMBOL MN037 DESCR Kingsley sandy loam, 3 to 8 percent slopes SPATIALVER 6 ACRES 4.72283187 MUSYM 342B Shape_Length 820.3276964003044 MUKEY 396838 Shape_Area 19112.622491981976 Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal,survey,yy or for zoning verification. Map Scale 11 iinncchh ==5500 ffeeeett 11/23/2021 Collapse Dakota County, Minnesota (MN037) Dakota County, Minnesota (MN037) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 155B Chetek sandy loam, 3 to 8 percent slopes 1.1 2.3% 342B Kingsley sandy loam, 3 to 8 percent slopes 12.7 27.1% 342C Kingsley sandy loam, 8 to 15 percent slopes 11.7 24.8% 344 Quam silt loam 1.5 3.1% 857B Urban land-Waukegan complex, 1 to 8 percent slopes 1.2 2.5% 895C Kingsley-Mahtomedi- Spencer complex, 8 to 15 percent slopes 4.0 8.4% 896E Kingsley-Mahtomedi complex, 15 to 25 percent slopes 7.5 15.9% 1003 Anthroportic Udorthents- Pits-Dumps complex, abandoned, 2 to 45 percent slopes 1.1 2.3% 1824 Quam silt loam, ponded 6.3 13.5% Totals for Area of Interest 46.9 100 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES March 22, 2022 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, March 22, 2022 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Commissioners Patrick Corbett, Sally Lorberbaum, Michael Toth, Brian Petschel, and Andrew Katz. Those absent: Commissioner Cindy Johnson. Approval of Agenda The agenda was approved as submitted. Approval of February 22, 2022 Minutes Commissioner Lorberbaum noted on page two, the third line from the bottom, it should state, “…equipment and next to the building.” And on page two, the last line, it should state, “…equipment and to the building…” COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER KATZ TO APPROVE THE MINUTES OF FEBRUARY 22, 2022 WITH THE NOTED CHANGES. AYES: 6 NAYS: 0 Hearings A) PLANNING CASE 2022-03 PETER AND TERESA MOLINARO/MYHRA DESIGN GROUP, 790 HAVENVIEW COURT – WETLANDS PERMIT Public Works Director Ryan Ruzek explained that the applicants are seeking a Wetlands Permit to allow the installation of a new in-ground swimming pool, patio deck, retaining walls, and landscaping. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Public Works Director Ryan Ruzek provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Chair Field opened the public hearing. Dan Myhra, Myra Design Group, commented that they would switch out the tree recommended by Commissioner Johnson. He commented that he was not aware of the clearing until after it happened and once he came on board they started the process with the City. He stated that the pool company is still involved noting that he will be onsite to check that things are being done appropriately. Commissioner Katz asked if Mr. Myra has been on site recently and observed the condition of the silt fence as it had been noted that needs attention. Mr. Myhra commented that he had not but noted that he would follow up on that to have the silt fence repaired. Commissioner Toth referenced the letter of intent and asked who that is addressed to. Mr. Myhra commented on the different contractors that are involved in the project, Royal Pool, Royal Outdoor Services and Myra Design Group. Commissioner Lorberbaum asked if the contractor has heard of the come clean, leave clean concept. Mr. Myhra commented that he is not familiar with that. Commissioner Lorberbaum provided clarification on the concept. Mr. Myra confirmed that they follow that practice. Commissioner Lorberbaum expressed concern with jumping worms, noting that the contractor should be cautious of where mulch is obtained from. Mr. Myhra stated that he has two distributors he purchases mulch from and noted that he will inquire if they have had issues with that, noting that he has not come across that in his projects. He stated that perhaps there is herbicide that could treat the mulch. Commissioner Lorberbaum thanked the contractor for agreeing to the replacement of the Japanese lilac tree with the service berry tree. She asked if there would be a buffer to treat the water before it reaches the pond. Mr. Myhra commented that they have the dedicated buffer zone with the MnDOT seed mix. Commissioner Lorberbaum referenced condition four, noting that perhaps a rain garden could be added to slow the flow of the water. Public Works Director Ryan Ruzek commented that the Mendota Heights Code requires discharged water to be de-chlorinated and discharged on the property. He noted that question would be more appropriately addressed by the pool contractor. Peter Molinaro, applicant, stated that the pool company is reputable and would be used to shutdown the pool. He confirmed that all standard procedures would be used in shutting down the pool. He commented that there would not be a discharge area as he does not plan on the water being discharged into the pond. Mr. Myhra commented that he specializes in pool projects but has not come across that question. He confirmed that they could look into the matter. Commissioner Lorberbaum referenced the comment that the buffer would be restored with a seed mixture, noting that the mentioned Eldorado reed grass is not preferred by Commissioner Johnson. Mr. Myhra noted that seed mix could be used. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF HE WETLANDS PERMIT TO PETER AND TERESA MOLINARO AND FOR THE PROPERTY LOCATED AT 790 HAVENVIEW COURT, WHICH WOULD ALLOW THE CONSTRUCTION OF A NEW IN-GROUND SWIMMING POOL, DECK, FENCE AND LANDSCAPING, BASED ON THE FINDINGS-OF- FACT AND WITH THE FOLLOWING CONDITIONS: 1. ALL WORK AND IMPROVEMENTS NOTED ON THE PLANS APPENDED TO THE PLANNING REPORT FOR CASE NO. 2022-03 SHALL BE THE ONLY APPROVED WORK ALLOWED UNDER THIS WETLANDS PERMIT. IF ADDITIONAL CONSTRUCTION WORK IN AREAS UP TO 100 FEET FROM POND EDGE IS NEEDED, EXCLUDING THE PLANTING OF TREES AND VEGETATION, THE OWNER MUST CONTACT CITY STAFF PRIOR TO COMMENCING ANY WORK, AND REPAIR AND REPLANT AND DISTURBED AREAS WITH SUITABLE PLANTINGS AND MATERIALS, PER DIRECTION OF THE CITY’S NATURAL RESOURCES COORDINATOR. 2. THE NEW POOL STRUCTURE SHALL COMPLY WITH ALL STANDARDS AND RULES UNDER TITLE 9 BUILDING REGULATIONS SECTION 9-2-1: SWIMMING POOLS AND TITLE 12 ZONING OF THE CITY CODE, AND THE MINNESOTA STATE BUILDING CODE REGULATIONS. 3. THE NEW SWIMMING POOL AND RELATED STRUCTURE WORK SHALL COMPLY WITH ALL APPLICABLE STANDARDS AND CONDITIONS NOTED UNDER TITLE 12, CHAPTER 2, WETLANDS SYSTEMS OF CITY CODE. 4. ANY DRAINAGE OR BACK-FLUSHING OF WATER FROM POOL SHALL BE DIRECTED ONTO THE SUBJECT PROPERTY ONLY AND SHALL NOT DRAIN DIRECTLY INTO THE ADJACENT POND. ANY DRAINAGE ONTO PUBLIC STREETS OR OTHER PUBLIC DRAINAGE WAYS SHALL REQUIRE PERMISSION OF THE PUBLIC WORKS DIRECTOR. 5. THE OWNERS SHALL PROVIDE AND MAINTAIN A 15’-20’ WIDE VEGETATIVE BUFFER (NO DISTURBANCE) FROM THE POND EDGE AND THE DRAINAGE AND UTILITY EASEMENT LINE, WITH SAID BUFFER PLANTED WITH A MNDOT SEED MIX LIST #33-261 OR OTHER PLANTINGS APPROVED BY THE CITY’S NATURAL RESOURCES COORDINATOR. 6. THE PROPOSED FENCE SHALL BE PLACED UP TO OR OUTSIDE THE DRAINAGE AND UTILITY EASEMENT LINE. 7. ANY NEW EXCAVATION, GRADING AND/OR CONSTRUCTION ACTIVITY WILL BE IN COMPLIANCE WITH APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS AND CODES, AS WELL AS IN COMPLIANCE WITH THE CITY’S LAND DISTURBANCE GUIDANCE DOCUMENT. FULL EROSION/SEDIMENTATION MEASURES SHALL BE INSTALLED PRIOR TO COMMENCEMENT OF WORK AND MAINTAINED THROUGHOUT THE DURATION OF THE CONSTRUCTION PROJECT. 8. PRIOR TO THE RELEASE OF ANY ESCROW PAYMENT, ALL DISTURBED AREAS IN AND AROUND THE PROJECT SITE, INCLUDING THE BUFFER AREA, SHALL BE RESTORED AND HAVE AN ESTABLISHED, PROTECTED AND PERMANENT GROUND COVER IMMEDIATELY AFTER THE POOL PROJECT IS COMPLETED. 9. A BUILDING PERMIT MUST BE APPROVED PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION WORK ON THE SWIMMING POOL OR RELATED LANDSCAPING WORK. CONSTRUCTION WORK SHALL OCCUR ONLY BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. ON WEEKDAYS AND 9:00 A.M. TO 5:00 P.M. ON WEEKENDS. 10. EFFORT WILL BE MADE TO COME CLEAN, LEAVE CLEAN. 11. EFFORT WILL BE MADE TO BUFFER THE DISCHARGE OF POOL WATER. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its April 5, 2022 meeting. Request for City Council Action DATE: April 5, 2022 TO: Mayor Levine and City Council; City Administrator Jacobson FROM: Tim Benetti, Community Development Director SUBJECT: Resolution No. 2022-25 Approving a Wetlands Permit to 601 Pond View Drive [Planning Case No. 2022-06] INTRODUCTION City Council is asked to consider adopting a resolution approving a Wetlands Permit to 601 Pond View Drive. The property owners are Dave and Jolene Sylvester. BACKGROUND City Code Section 12-2-6 requires a wetlands permit for any work conducted within 100-ft. of an adjacent wetland or recognized water feature. The Sylvester’s are seeking to improve their back-yard area with some vegetation removal and clearing, re-landscaping all cleared or impacted areas with new planting materials and vegetation; installing a new patio/seating area near the pond edge with walls and stairs; and two new patio surfaces near the back side of the home with stone steppers. At the March 22, 2022 Planning Commission meeting, a planning report was presented on this case; a public hearing was held with comments from the public and the applicant. The Commission closed the hearing, and provided additional comments and conditions for the council to consider. Copies of the 03/22/2022 Planning Report and commission meeting minutes are appended to this memo. DISCUSSION The City can use its legislative authority when considering action on a Wetlands Permit, and has broad discretion. The only limitations are that actions must be constitutional, rational, and in some way related to protecting the health, safety and general welfare of the public. RECOMMENDATION The Planning Commission recommended unanimously (6-0 vote) to approve the Wetlands Permit to 601 Pond View Drive, with findings-of-fact to support said approval and certain conditions, memorialized in the following draft resolution. ACTION REQUIRED The City Council may affirm this recommendation from the Planning Commission by adopting RESOLUTION NO. 2022-25, APPROVING A WETLANDS PERMIT TO 601 POND VIEW DRIVE. This adoption action requires a simple majority vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-25 RESOLUTION APPROVING A WETLANDS PERMIT TO 601 POND VIEW DRIVE (PLANNING CASE NO. 2022-06) WHEREAS, Ground One (the “Applicant”) and acting on behalf of David and Jolene Sylvester (the “Owners”) are requesting a Wetlands Permit as presented under Planning Case No. 2022-06, and for the property located at 601 Pond View Drive (the “Subject Property”), as described in attached Exhibit-A; and WHEREAS, the Subject Property is guided LR-Low Density Residential in the 2040 Comprehensive Plan, and situated in the R-1 One Family Residential District; and WHEREAS, pursuant to Title 12-2-1 of the City Code, all new construction, related improvements, grading, and/or removals made within one-hundred feet (100’) of a wetland or water resource-related area in the city requires a wetlands permit; and WHEREAS, the Owners request approval to improve their back-yard area with some vegetation removal and clearing, re-landscaping with new plant materials and vegetation based on the landscaping replacement plan designed and provided by the Applicant; installing a new patio/seating area near the pond edge with walls and stairs; and two new patio surfaces near the back-side of the dwelling with stone steppers; and WHEREAS, on March 22, 2022 the Mendota Heights Planning Commission held a public hearing on this matter, and whereupon closing the hearing and discussion, voted unanimously (6- 0 vote) to recommend approval of the Wetlands Permit with certain findings-of-fact and conditions of approval as noted herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council, that the recommendation from the Planning Commission is hereby affirmed, and the Wetlands Permit as presented under Planning Case No. 2022-06, and for the property located at 601 Pond View Drive, and to David and Jolene Sylvester is hereby approved with the following findings-of-fact: A. All tree and plants previously removed on this property were considered invasive species, diseased or dying, and this removal and any other removals of vegetation shall be limited to that reasonably required for the installation of new plantings and grasses for an established wetland buffer area. B. The proposed construction activities related to the new patio and landscape improvements allowed under this Wetlands Permit, meet the general purpose and intent of the City Code; and meet a number of goals and policies established under the Natural Resources chapter of the 2040 Comprehensive Plan. C. All new work will have little, if any impacts to the pond, any existing on-site drainage or drainage from surrounding properties. D. Owners have demonstrated a high desire for the protection and preservation of the adjacent pond by agreeing to install native grass and plantings in a newly established buffer area, a new raingarden feature and miscellaneous native and wetland suitable plantings, all of which ensures storm water, soil and contaminant runoff is reduced or minimized from the subject property E. Any disturbed areas of the protective and natural wetland buffer areas will be restored and replanted with vegetation that ensures storm water, soil and contaminant runoff is reduced or minimized from the subject property. F. Any disturbed areas or vegetation removed as part of this back-yard landscaping project will be replanted and restored prior to the completion of construction, which will be monitored and inspected by city staff and assured by means of an escrow payment to be held until the project is complete. G. The new trees and vegetation to be planted as part of this project include native species and varieties to Minnesota, along with pollinator encouraging vegetation, as per the city’s Pollinator Friendly Policy. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Wetlands Permit for the property located at 601 Pond View Drive, and to David and Jolene Sylvester, is hereby approved with the following conditions: 1. All work and improvements noted on the plans appended to this Planning Report for Case No. 2022-06 shall be the only approved work allowed under this Wetlands Permit. If additional construction work in areas up to 100-feet from pond edge is needed, excluding the planting of trees and vegetation, the Owner must contact city staff prior to commencing any work, and repair and replant any disturbed areas with suitable plantings and materials, per direction of the city’s Natural Resources Coordinator. 2. The new patio, retaining walls, stairs, and paths, and landscaping installation, restoration work and other related yard improvements with this permit shall comply with all applicable standards and conditions noted under Title 12, Chapter 2 Wetlands Systems of City Code. 3. The Applicant/Owner shall not commence any construction, grading work or additional removal or clearing of trees and vegetation near the pond until the City of Mendota Heights has received the requested wetland delineation report, which is to be reviewed by appropriate city staff and presented to and accepted by the City Council at a later date. 4. Any removals, excavating, grading and/or construction activity related to the new back yard improvements, including the patio, retaining walls, stairs, and paths, and landscaping installation shall be in compliance with all applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. 5. Full erosion/sedimentation measures shall be installed prior to commencement of any construction, grading or installation work, and maintained throughout the duration of the project. Double barriers shall be placed along the edge of the pond for added protection. 6. Prior to the release of any escrow payment, all disturbed areas in and around the project site shall be restored and have an established, protected and permanent ground cover immediately after the back yard improvements have been installed or completed. 7. Any site construction or removal shall occur only between the hours of 7:00 am and 8:00 pm weekdays; and 9:00 am to 5:00 pm weekends. 8. Best efforts will be made by the contractor(s) to “come clean, leave clean” during the course of construction on the Subject Property, and best efforts to ensure new ground mulch is free of invasive jumping worms. Adopted by the City Council of the City of Mendota Heights this 5th day of March, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Stephanie Levine, Mayor ATTEST: ________________________________ Lorri Smith, City Clerk EXHIBIT-A Address: 601 Pond View Drive, Mendota Heights, MN 55120 PID No. 27-18301-01-110 Legal Description: Lot 11, Block 1, Copperfield 2nd Addition, Dakota County, Minnesota. [Abstract Property] Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 5511 PLANNING STAFF REPORT DATE:March 22, 2022 TO:Planning Commission FROM:Tim Benetti, Community Development Director SUBJECT:Planning Case 2022-06 WETLANDS PERMIT APPLICANT:David & Jolene Sylvester / Ground One PROPERTY ADDRESS:601 Pond View Drive ZONING/GUIDED:R-1 One Family Residential/LR Low Density Residential ACTION DEADLINE:May 8, 2022 INTRODUCTION The Sylvester’s are seeking approval of a Wetlands Permit to allow the installation of a new patio/seating area in a rear yard, along with some additional patio spaces and walkways near the back side of their home, vegetation clearing, and new landscaping. The subject property is located at 601 Pond View Drive. A public hearing notice for this planning item was published in the Pioneer Press; notice letters mailed to all properties within 350-ft. of the subject property; notices posted on the city’s website and bulletin board. City received one phone inquiry from neighbor to the west, and upon review of the plans – declared no objections. No other comments or objections were received. BACKGROUND / PROJECT DESCRIPTION The subject property is generally located in the mid-block of Pond View Drive, between Huber Drive to the west and Field Stone Drive to the east. The parcel is 0.62 acres in size (of which 0.19 acres is water), and improved with two-story, 3,426-sq. ft. single family dwelling (GIS aerial image – below left). The back one-third of the lot is covered by a drainage and utility easement, which was dedicated under the Copperfield 2nd Addition. The property is adjacent to Copperfield Pond, which is a Type III wetland (Slightly Susceptible Wetland), as identified by the Wetlands Map in the city’s Surface Water Management Plan (SWMP) – (below right), and on the city’s Official Wetlands System Map – 1977. Planning Case 2022-06 (Sylvester/Ground-One) Page 2 of 9 In mid-February, city staff received notice that the owners were cutting and removing trees and brush along the back side of the subject property and next to the pond. City staff investigated and issued a Stop-Work order, and directed the owners to submit a plan and Wetlands Permit application to the city before commencing any work. As new residents to the community, the Sylvester’s were unaware of the city’s Wetland Ordinance and rules, and thus began the process of removing this vegetation prior to securing the necessary permit. The Owners contracted with Ground One (Bloomington)to submit the Wetlands Permit application on their behalf, serve as the general contractor, and prepared the Removals and Landscape/Improvement Plans for this permit consideration. Ground One later indicated they began work to remove an infestation of buckthorn and honeysuckle along this property’s pond edge, in order to help the Owners restore and replant this area with better and more suitable landscaping materials. The Removals Plan shows a large rectangular shaped, pink-shaded section approximately 30’ –50’ in width along the pond edge (see partial plan image – below), which is identified as a removal area for miscellaneous trees and brush, including green ash, box elders, red maples, dogwoods, buckthorn and tatarian honeysuckle. The plan also identifies some removal work up near the back side of the house, including some lawn space, edging, old concrete patio, stairs and steppers. The two shaded areas near the front side of the home are also identified, but are not subject to this Wetlands Permit review, as these areas are outside of the 100-foot limits from the pond. The Landscape/New Improvements Plan calls for considerable re-planting and re-vegetation of the large cleared area against the pond, along with a 16’ x 16’ natural stone patio, small retaining walls with steps, and a raingarden. The plan also identifies two additional natural stone patios off the back side of the home, with small stone stairways and bluestone steppers (see partial Plan image – below). . Planning Case 2022-06 (Sylvester/Ground-One) Page 3 of 9 The restored pond edge area is calling for trees, bushes and groundcover including Pagoda Dogwoods (Conus-Alternifola); Firespire American Hornbeam (Carpinus J.N. Upright); Northern Bush Honeysuckle (Diervilla Lonicera); Muskingum Gray Dogwood (Cornus Muskingum);Little Bluestem (Schizachyrium Scoparium); Aronia Ground Hug; andRiver Birch(Betula Nigra-Clump). The open “buffer space” between the pond edge and new plantings, approximately 25-ft. in width, is planned to be seeded with a “Grass/Pollinator” seed mixture consisting of a wide variety of plantings, as noted on the Custom Native Shortgrass legend. The “Water Infiltration Area” located next to the stone patio will act like a natural raingarden, capturing and filtering any run-off from the patio. ANALYSIS Pursuant to City Code Section 12-2-3, the Wetland Systems ordinance applies to wetlands and water resource related areas, and to adjacent land within one hundred feet (100') of normal high water markers of wetlands and water resource related areas as delineated on the official city wetlands systems map. The purpose of the Wetlands Systems – City Code Section 12-2-1 is to: x Provide for protection, preservation, maintenance, and use wetlands and water resource-related areas; x Maintain the natural drainage system; x Minimize disturbance which may result from alteration by earthwork, loss of vegetation, loss of wildlife and aquatic organisms as a result of the disturbance of the natural environment or from excessive sedimentation; x Provide for protection of potable fresh water supplies; and x Ensure safety from floods. City Code Section 12-2-6 further states that any work or development upon or which would otherwise alter a wetland or potentially impact a water related resource area, must obtain a written permit from the city; with the list of activities noted as follows: 1. The deposit or removal of any debris, fill or other material over 100 cubic yards. 2. Any excavation over 100 cubic yards. 3. The digging, dredging, filling, or in any other way altering or removing any material from water bodies, watercourses, wetlands, floodplain, or natural drainage system. 4. The construction, alteration, or removal of any structure. 5. The removal of vegetation. 6. The altering of any embankment, ponding, or changing of the flow of water or ponding capacity. 7. Permanently storing materials. 8. Disposing of waste materials (including sewage, garbage, rubbish, and other discarded materials). 9.Installation and maintenance of essential services. The plan or project improvements presented by the Applicant under this Planning Case No. 2022-06 meet a number of these activities that require this Wetlands Permit for official review and approval. As part of any Wetlands Permit review, the city must consider and evaluate the following standards and conditions as noted in the Wetland Ordinance Section 12-2-7: x Runoff from developed property and construction projects may be directed to the wetland only when reasonably free of silt and debris and chemical pollutants, and at such rates such as not to disturb wetland vegetation or increase turbidity. Planning Case 2022-06 (Sylvester/Ground-One) Page 4 of 9 x No deleterious waste shall be discharged in a wetland or disposed of in a manner that would cause the waste to enter the wetland or other water resource area. x Removal of vegetation shall be permitted only when and where such work within the W district has been approved in accordance with the standards of this chapter. x Removal of vegetation within the W district but outside the wetland shall be limited to that reasonably required for the placement of structures and the use of property. The Surface Water Management Plan (SWMP) provides certain guidelines and suggested standards (not requirements) for the city to follow or implement when dealing with new development near natural water features. The SWMP recommends, but does not require a 25-foot no-disturbance/natural vegetative buffer zone from the wetland edge. This buffer is meant to provide an extra level or protection or natural means in preventing erosion run-off, for silt protection, and reducing any fertilizer or chemical runoff that may occur from adjacent residential lawns. While buckthorn and other invasive vegetation can be (and should be) managed and encouraged to be removed in limited areas in and around wetland systems, it is important that homeowners provide a plan that replaces or restores these areas whenever any vegetation is cleared. As noted previously, the Owners intend to provide a very nice native shortgrass planting bed along the pond edge of approximately 25-feet in width from the pond edge, which will serve as a natural, vegetated and undisturbed buffer along the pond. The other trees, shrubs, and groundcover plantings, and the inclusion of the raingarden near this area, will help minimize and provide adequate and suitable protection of any deleterious run-off towards the pond. The homeowners have demonstrated to city staff a strong desire and willingness to clean up and restore the unkempt areas next to the pond, which in turn will help improve the scenic views of the adjacent pond from the new patio and other parts of the property; and provide for more suitable and aesthetically pleasing landscaping in and around this rear yard. Ground One has assured city staff that all work proposed in this back yard area will be as minimally invasive as possible, and will be mindful of not creating any negative impacts to the pond during construction. All of the major construction and grading work related to this new back-yard improvement plan, including the new hardscape features (patio, walls, steps/pavers) will be placed away from the pond edge and buffer area, so as to not cause any impacts to this pond. All construction or installation work areas near the buffer area and pond edge will be protected by silt/erosion control measures. The new landscaping and restoration plans for the area around the pond will fit nicely with the overall size of the property, and will be a nice improvement. The sitting area/patio space is limited in size, does not impact or encroach into the 25-ft. buffer, and has an adjacent water infiltration/raingarden feature to help capture and minimize any surface water runoff. The new landscaping, patio and stepper improvements near the back-side of the home appear to be situated far enough away from the pond, and therefore create no issues or concerns with the city. The City’s Natural Resources Coordinator stated in her review of this plan, that because the Owners are planning to do work up to the pond’s edge, and because Copperfield Pond is considered a jurisdictional wetland under the Minnesota Wetland Conservation Act, the applicant is required to prepare and submit a wetland delineation report under Chapter 8420 of MN State Rules. The consultants confirmed that a wetland delineation is in the works (winter/iced-over conditions do not allow for a delineation at this time); and they are committed to working with the city’s Natural Resources and Public Works staff to finalize and present this report back to the City for review and acceptance. The City is the Local Government Unit authorized to administer MN Rule 8420 under the MN Wetland Conservation Act. Conditions that reflect this wetland delineation and any findings are included in the end of this report. Planning Case 2022-06 (Sylvester/Ground-One) Page 5 of 9 City staff has also identified a select number of Goals and Policy statements from the Natural Resource chapter of the 2040 Comprehensive Plan, which we feel provides additional support in granting approval of this requested Wetlands Permit, as follows: GOAL 1: Develop a professional, comprehensive, strategic Natural Resources Management Plan for city-wide natural areas and natural resources. Policy 9. Protect steep slopes, bluffs, and other sensitive areas from erosion and other threats, specifically throughout the development process. Policy No. 10. Encourage and promote the use of conservation design principles. GOAL 2: Protect, connect, restore, buffer, and manage natural areas, wildlife habitat, and other natural resources, for high ecological quality and diversity of plant and animal species. Policies: 1. Monitor new developments for restoration and invasive plant management. 4. Restore areas throughout the city with pollinator-friendly or native species to protect and enhance habitat for native pollinators and birds. 7. Explore the development of ordinances and or policies that establish minimum soil standards for development and redevelopment that can support turf, plantings, and/or healthy turf alternatives. 10. Prior to approval of landscape and development plans, work with applicants to encourage the preservation and installation of high ecosystem value communities. GOAL 3: Protect and restore the natural ecological functions of the city’s water resources with emphasis on the improvement of stormwater management. Policies: 1. Explore and develop operational and procedural modifications to better enhance and support the thriving of the natural environment. 2. Work with partners to implement projects and develop and support programs that encourage infiltration, to reduce stormwater runoff and pollution to water-bodies. 4. Identify areas within the city, including public and private land that are lacking adequate stormwater treatment, and other stormwater BMPs. Implement projects to establish functioning stormwater treatment in order to protect and improve the city’s water resources. 5. Implement the city’s Local Surface Water Management Plan (LSWMP) through the use of ordinances, policies, and development standards. ALTERNATIVES 1. Approve the Wetlands Permit based on certain findings-of-fact, along with specific conditions of approval; or 2. Deny the Wetlands Permit based on revised findings-of-fact supporting such a recommendation as determined by the Planning Commission; or 3. Table the request and direct staff to extend the application review period an additional 60 days, pursuant to MN State Statute 15.99. Planning Case 2022-06 (Sylvester/Ground-One) Page 6 of 9 STAFF RECOMMENDATION This landscape plan has been reviewed by the city’s Natural Resources Coordinator, and the plantings list and varieties presented are deemed acceptable. Staff recommends approval of a Wetlands Permit to David and Jolene Sylvester, and to the property located at 601 Pond View Drive, which would allow certain back-yard improvements and tree/vegetation removal and replacement within 100-feet of a wetland, based on the attached findings-of-fact and subject to the following conditions: 1. All work and improvements noted on the plans appended to this Planning Report for Case No. 2022-06 shall be the only approved work allowed under this Wetlands Permit. If additional construction work in areas up to 100-feet from pond edge is needed, excluding the planting of trees and vegetation, the Owner must contact city staff prior to commencing any work, and repair and replant any disturbed areas with suitable plantings and materials, per direction of the city’s Natural Resources Coordinator. 2. The new patio, retaining walls, stairs, and paths, and landscaping installation, restoration work and other related yard improvements with this permit shall comply with all applicable standards and conditions noted under Title 12, Chapter 2 Wetlands Systems of City Code. 3. The Applicant/Owner shall not commence any construction, grading work or additional removal or clearing of trees and vegetation near the pond until the City of Mendota Heights has received the requested wetland delineation report, which is to be reviewed by appropriate city staff and presented to and accepted by the City Council at a later date. 4. Any removals, excavating, grading and/or construction activity related to the new back yard improvements, including the patio, retaining walls, stairs, and paths, and landscaping installation shall be in compliance with all applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. 5. Full erosion/sedimentation measures shall be installed prior to commencement of any construction, grading or installation work,and maintained throughout the duration of the project. Double barriers shall be placed along the edge of the pond for added protection. 6. Prior to the release of any escrow payment, all disturbed areas in and around the project site shall be restored and have an established, protected and permanent ground cover immediately after the back yard improvements have been installed or completed. 7. Any site construction or removal shall occur only between the hours of 7:00 am and 8:00 pm weekdays; and 9:00 am to 5:00 pm weekends. Planning Case 2022-06 (Sylvester/Ground-One) Page 7 of 9 FINDINGS-OF-FACT FOR APPROVAL Wetlands Permit for 601 Pond View Drive Planning Case No. 2022-06 The following Findings-of-Fact are made in support of approval of the proposed wetlands permit request: 1. All tree and plants previously removed on this property were considered invasive species, diseased or dying, and this removal and any other removals of vegetation shall be limited to that reasonably required for the installation of new plantings and grasses for an established wetland buffer area. 2. The proposed construction activities related to the new patio and landscape improvements allowed under this Wetlands Permit, meet the general purpose and intent of the City Code; and meet a number of goals and policies established under the Natural Resources chapter of the 2040 Comprehensive Plan. 3. All new work will have little, if any impacts to the pond, any existing on-site drainage or drainage from surrounding properties. 4. Owners have demonstrated a high desire for the protection and preservation of the adjacent pond by agreeing to install native grass and plantings in a newly established buffer area, a new raingarden feature and miscellaneous native and wetland suitable plantings, all of which ensures storm water, soil and contaminant runoff is reduced or minimized from the subject property 5. Any disturbed areas of the protective and natural wetland buffer areas will be restored and replanted with vegetation that ensures storm water, soil and contaminant runoff is reduced or minimized from the subject property. 6. Any disturbed areas or vegetation removed as part of this back-yard landscaping project will be replanted and restored prior to the completion of construction, which will be monitored and inspected by city staff and assured by means of an escrow payment to be held until the project is complete. 7. The new trees and vegetation to be planted as part of this project include native species and varieties to Minnesota, along with pollinator encouraging vegetation, as per the city’s Pollinator Friendly Policy. SITE PHOTOS – 601 POND VIEW DRIVE AERIAL IMAGE – 09/13/2021 LOOKING WESTERLY CLEARED AREA LOOKING WESTERLY - TOWARDS CLEARED AREAS LOOKING NORTHERLY – TOWARDS POND LOOKING NORTHERLY – TOWARDS POND LOOKING NE’LY – TOWARDS POND Planning Case 2022-06 (Sylvester/Ground-One) Page 9 of 9 LOOKING SW’LY – TOWARDS BACK OF HOME LOOKING NE’LY – REAR OF HOME LOOKING NORTHERLY – TOWARD POND (BRUSH PILE)LOOKING NE’LY – TOWARDS POND LOOKING EASTERLY – TOWARDS BACK OF HOME LOOKING NW’LY – BACK OF POND 660011 PPOONNDD VVIEEWW DDRRIVVEE Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal,survey,yy or for zoning verification. Map Scale 11 iinncchh ==220000 ffeeeett 3/16/2022 660011 PPOONNDD VVIEEWW DDRRIVVEE Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal,survey,yy or for zoning verification. Map Scale 11 iinncchh ==5500 ffeeeett 3/16/2022 EX CONDITIONS / REMOVALSScale: 1/8" = 1'-0"1081624 FTEDGE OF WATERSAVE & PROTECT EX. TREEREMOVE 50 SF EX. CONCRETESAVE & PROTECT EX SHRUBSREMOVE EX. STEPPERSREMOVE ALL TREES & BRUSH IN 4000 SF AREA.(1) GREEN ASH @10" DIA(1) BOXELDER @7" DIA(1) RED MAPLE @3" DIAMULTIPLE DOGWOOD, BUCKTHORN& TARTARIAN HONEYSUCKLEREMOVE EX. TREES & STUMPMACHINE ACCESS TO BACKYARDREMOVE 650 SF OF EXISTING1-1/2" RED LIMESTONE ROCK.KEEP 330 SF TO REPURPOSEUNDER DECK WITH FABRICREMOVE 108 LF EX EDGINGSAVE & PROTECT EX. TREESREMOVE 95 LF EX EDGINGSAVE & PROTECT 3 SHRUBSTRIM TO SHAPEKEEPEXISTINGPLANTINGSKEEPEXISTINGPLANTINGSKEEPEXISTINGPLANTINGSREMOVEEX STEPSREMOVE 550 SF EX LAWNSAVE & PROTECT NEW PLANTINGSIN THIS AREA. TRANSPLANT (6) ASNEEDED FOR NEW PATIO CONFIGREMOVE 275 SF EX LAWNREMOVE 375 SF EX LAWNREPLACE EXISTINGFIXTURES W/ NEWEDGING DEMOLITION OR REMOVAL DEMOLITION OR REMOVALPROPERTY LINEEXISTING CONDITIONS AND REMOVALS KEYPROJECT LIMITSPROPOSED ACCESS TO PROJECTINSTALL WADDLE EROSIONPROTECTION LOGThis drawing and the information contained herein is theproperty of Ground One Enterprises (GOE) and its subsidiaries. No prortion of this drawing may be reproduced without the express written consent of the management of GOE.Use of this plan without written permission is a violation ofcopyright law and may result in legal prosecution of any and all parties involved. In the event that a third party desires to acquire the copyright, it may be purchased in accordance with the bylaws of GOE at the time of purchase.Clients may use this plan and all information contained herein in accordance with their written design agreement. No professional landscape company may use this plan without first obtaining the copyright from GOE in accordance with the bylaws at the time of seeking to acquire said copyright.© Copyright 2022 Ground One Enterprises LLC,All rights reserved.I herby certify that this plan, specification or reportwas prepared by me or under my direct supervisionand that I am a certified landscape professional bythe Minnesota Nursery and Landscape Association or aduly Licensed Landscape Architect under the laws of thestate of Minnesota.NAME:Craig TrenaryEX CONDITIONS & REMOVALSL0.1DATE:601 Pondview DriveMendota Heights, MNSylvester Residence3/05/229649 HUMBOLDT AVENUE S.BLOOMINGTON, MN 55431OFFICE: 952.884.3336LANDSCAPE DESIGN + BUILD + MAINTAINSHEET NUMBER: 1-1/2% slope1-1/2% slopeWATER / 839.03'TOP OF STEP / 844.95'TOP OF DECK / 853.38'TOP OF STEP / 852.88'TOP OF STEP / 852.38'SILL / 852.16'PATIO / 852.04'PATIO / 851.88'TOP OF STEP / 851.86'PATIO / 851.82'GROUND / 850.36'SILL / 846.16'GROUND / 845.84'PATIO / 846.04'PATIO / 845.88'PATIO / 843.12'TOP OF WALL / 844.95'TOP OF WALL / 844.95'PATIO / 843.45'WWWAAAAAAWWWWLLLLLLLLLLLLLL/844.95'SCHEMATIC LANDSCAPE PLANScale: 1/8" = 1'-0"1081624 FTEDGE OF WATERKEEPEXISTINGPLANTINGSKEEPEXISTINGPLANTINGSKEEPEXISTINGPLANTINGS256 SF130 SF154 SF2800 SF4400 SFBP-185BP-161BP-12W1H4H4H2H1H3SAVE & PROTECT NEW PLANTINGSIN THIS AREA. TRANSPLANT (6) ASNEEDED FOR NEW PATIO CONFIGD2D2D2D1D2D3D1T1E2E1E3W2E4E4BP-127BP-148BP-148BP-17ADD 4 CY 50/50 SOILCOMPOST BERM ADD 3 CY 50/50 SOILCOMPOST BERM H4L1L3L1L1L2L2L21675 SF "GRASS/POLLINATOR" SEED MIX(SEE LIST) FROM TWIN CITY SEE STABILIZEDWITH FUTERRA F4 NETLESS NATURAL BLANKETAND STAPLES.(35) ARONIA 'GROUND HUG' #2 CONT(1) BETULA NIGRA 8' CLUMP(18) DIERVILLA LONICERA #2 CONT(21) SCHIZACHYRIUM SCOPARIUM 4" CONT(29) SCHIZACHYRIUM SCOPARIUM 4" CONT(9) CORNUS 'MUSKINGUM' #5 CONT(5) CORNUS 'MUSKINGUM' #5 CONT(35) DIERVILLA LONICERA #2 CONT(3) CARPINUS 'J.N. UPRIGHT' 5' BB(1) CARPINUS 'J.N. UPRIGHT' 5' BB(1) CORNUSALTERNIFOLIA5' BBBP-185BP-162PLANTING LEGEND - SCHEME 1BP-1Perennial (4" CONT)333GR-02Schizachyrium scoparium (4" CONT)50AMC-2Aronia melanocarpa 'Gound Hug' (#1 CONT)35DBHDiervilla lonicera (#2 CONT)53HD-1Cornus racemosa 'Muszam' (#5 CONT)14OT-1Carpinus 'J.N. Select' (5' BB)4RBCBetula Nigra (8' Clump)1PDCCornus alternifolia (6' Clump)1W3W3W325'-6"BROWN SHREDDEDHARDWOOD MULCHBROWN SHREDDEDHARDWOOD MULCHREUSE EXISTING ROCK840842844846848850852852852852850848846844PLEASE NOTE:WE ARE WORKING WITH A CERTIFIED WETLANDDELINEATOR TO HAVE THE WETLAND AREAPROPERLY DELINEAATED IN ORDER TO MAINTAINTHE REQUIRED 25' SETBACK.DENOTES WATER INFILTRATION AREATO COLLECT WATER FROM HARDSURFACE AREA. TOP OF BOTTOM OFCOLLECTION AREA TO BE 841.50MAJOR CONTOUR LINEMINOR CONTOUR LINEDENOTES ELECTRONIC DOGFENCE BURIED 2-3" DEEPThis drawing and the information contained herein is theproperty of Ground One Enterprises (GOE) and its subsidiaries. No prortion of this drawing may be reproduced without the express written consent of the management of GOE.Use of this plan without written permission is a violation ofcopyright law and may result in legal prosecution of any and all parties involved. In the event that a third party desires to acquire the copyright, it may be purchased in accordance with the bylaws of GOE at the time of purchase.Clients may use this plan and all information contained herein in accordance with their written design agreement. No professional landscape company may use this plan without first obtaining the copyright from GOE in accordance with the bylaws at the time of seeking to acquire said copyright.© Copyright 2022 Ground One Enterprises LLC,All rights reserved.I herby certify that this plan, specification or reportwas prepared by me or under my direct supervisionand that I am a certified landscape professional bythe Minnesota Nursery and Landscape Association or aduly Licensed Landscape Architect under the laws of thestate of Minnesota.NAME:Craig TrenarySCHEMATIC LANDSCAPE PLANS2DATE:601 Pondview DriveMendota Heights, MNSylvester Residence3/05/229649 HUMBOLDT AVENUE S.BLOOMINGTON, MN 55431OFFICE: 952.884.3336LANDSCAPE DESIGN + BUILD + MAINTAINSHEET NUMBER:LEGEND - SCHEME 2CODETYPEPRODUCTDRAINAGED1Catch BoxD2Solid PipeD3EmitterD4Dry WellWALLSW1RETAINING: NATURALSAWN FOND DU LACW2RETAINING: NATURALSAWN FOND DU LAC WITH 2-1/4" CAPW3STEP48" LIMESTONE STEPHARDSCAPEH4STEPPERSPATTERNED BLUESTONESTRUCTURESEDGINGE1ALUMINUM EDGINGALUMINUM EDGINGE2ALUMINUM EDGINGALUMINUM EDGINGE3ALUMINUM EDGINGALUMINUM EDGINGE4ALUMINUM EDGINGALUMINUM EDGINGGROUNDM1MULCHORGANICALLY STAINED BROWN MULCHM2MULCHDARK BROWN MULCH (NO SOIL)M3MULCHORGANICALLY STAINED BROWN MULCHM4ROCKEX RED LIMESTONE WITH FABRICM5MULCHORGANICALLY STAINED BROWN M6SOIL50/50 COMPOST-SOIL BLENDLIGHTINGL1Path K-15310AZTL2Accent K-15384AZTL3TransformerK300 w/timer and photocell135CREATE RAINWATER COLLECTIONAREA ADJACENT TO PATIOAcres:0.33PLS lbs:4.00Bulk lbs.4.36Lot Number:Seed RateScientific NameCommon NameGenetic Origin Mix % PLS WT. Bulk WT.Germ %Hard or Dormant %TZ %Total Viable %PLS %Elymus trachycaulusSlender WheatgrassMN 20.00% 0.80 0.89 95.00% 0.00% 0.00% 95.00%90.01%Elymus virginicusVirginia WildryeMN 16.00% 0.64 0.70 96.00% 1.00% 0.00% 97.00%91.91%Bouteloua gracilisBlue GramaMN 15.00% 0.60 0.67 93.00% 1.00% 0.00% 94.00%89.07%Bouteloua curtipendulaSideoats GramaMN 10.00% 0.40 0.44 88.00% 7.00% 0.00% 95.00%90.01%Schizachyrium scopariumLittle BluestemIA 10.00% 0.40 0.44 71.00% 24.00% 0.00% 95.00%90.01%Sporobolus cryptandrusSand DropseedCAN 4.00% 0.16 0.17 5.00% 92.00% 0.00% 97.00%91.91%Rudbeckia hirtaBlack-eyed Susan MN 0.76% 0.03 0.03 89.00% 9.00% 0.00% 98.00% 92.86%Dalea purpureaPurple Prairie CloverMN 0.47% 0.02 0.02 80.00% 18.00% 0.00% 98.00%92.86%Oligoneuron rigidumStiff GoldenrodMN 0.04% 0.00 0.00 51.00% 38.00% 0.00% 89.00%84.33%Desmodium canadenseShowy Tick-TrefoilMN 0.48% 0.02 0.02 70.00% 27.00% 0.00% 97.00%91.91%Liatris pycnostachyaPrairie BlazingstarMN 0.11% 0.00 0.00 4.00% 92.00% 0.00% 96.00%90.96%Monarda fistulosaWild BergamotMN 0.05% 0.00 0.00 92.00% 0.00% 0.00% 92.00%87.17%Chamaecrista fasciculataPartridge PeaMN 0.57% 0.02 0.03 52.00% 38.00% 0.00% 90.00%85.28%Agastache foeniculumAnise HyssopMN 0.22% 0.01 0.01 8.00% 85.00% 0.00% 93.00%88.12%Symphyotrichum novae-angliaeNew England AsterIA 0.11% 0.00 0.00 83.00% 7.00% 0.00% 93.00%88.12%Tradescantia bracteataPrairie SpiderwortMN 0.05% 0.00 0.00 12.00% 86.00% 0.00% 98.00%92.86%Ratibida columniferaPrairie ConeflowerMN 0.57% 0.02 0.03 68.00% 23.00% 0.00% 91.00%86.22%Desmanthus illinoesisIllinois BundleflowerIA 0.58% 0.02 0.02 13.00% 85.00% 0.00% 98.00%92.86%Coreopsis lanceolataLance-leaved CoreopsisIA 0.44% 0.02 0.02 94.00% 3.00% 0.00% 97.00%91.91%Echinacea purpureaPurple ConeflowerIA 0.20% 0.01 0.01 68.00% 23.00% 0.00% 91.00%86.22%Rudbeckia Sweet Black Eyed SusanIA 0.35% 0.01 0.02 76.00% 15.00% 0.00% 91.00%86.22%Avena sativaOats MN 20.00% 0.80 0.82 95.00% 0.00% 0.00% 95.00% 98.00%Purity94.75%Inert4.75%Other Crop0.45%Weed Seed0.05%Noxious WeedNoneTest Date2/20AMS7238YEA-SHORTY-032012 lbs./acrexCUSTOM NATIVE SHORTGRASS Twin City Seed Company7265 Washington Ave. S, Edina, MN 55439xCover CropForbsGrassesx IMAGES OF PLANTINGS & NATIVE SHORTGRASS LEGEND Conus-Alternifola (Pagoda Dogwood); CARPINUS 'J.N. UPRIGHT (Firespire American Hornbeam) DIERVILLA LONICERA (Northern Bush Honeysuckle) CORNUS 'MUSKINGUM' (Muskingum Gray Dogwood) SCHIZACHYRIUM SCOPARIUM (Little Bluestem) ARONIA 'GROUND HUG' BETULA NIGRA 8' CLUMP (River Birch) 66666666662 7 2 2 6 1 2 5 6 31 71 097763100119151203224231402191881413 7 1165 10310 141110 10068 23 9 11 11991010607 595 601 589 601 613 595 600 607 589 594POND VIEW DR145'94'173'This imagery is copyrighted and licensed by Nearmap US Inc, which retains ownership of the imagery. It is being provided by Dakota County under the terms of that license. Under that license, Dakota County is allowed to provide access to the “Offline Copy Add-On for Government”, on which this image services is based, at 6-inch resolution, six months after the capture date, provided the user acknowledges that the imagery will be used in their normal course of business and must not be resold or distributed for the WETLANDS MAP 601 POND VIEW DRIVE (Sylvester) City of Mendota Heights050 SCALE IN FEET GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. 3/16/2022 660011 PPOONNDD VVIEEWW DDRR..-SSOOILLSS IDD MMAAPP Environment Environment - Geology & Soils Soil Types (SSURGO) Property Information Addresses Parcel Lines Tax Parcels 1 Jewett silt loam, 1 to 6 percent slopes 3 Water 2 Kingsley sandy loam, 8 to 15 percent slopes Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal,survey,yy or for zoning verification. Map Scale 11 iinncchh ==330000 ffeeeett 3/16/2022 B) PLANNING CASE 2022-06 DAVID AND JOLENE SYLVESTER/GROUND ONE DESIGN, 601 POND VIEW DRIVE – WETLANDS PERMIT Public Works Director Ryan Ruzek explained that the Sylvester’s are seeking approval of a Wetlands Permit to allow the installation of a new patio/seating area in a rear yard, along with some additional patio spaces and walkways near the backside of their home, vegetation clearing, and new landscaping. The subject property is located at 601 Pond View Drive. Hearing notices were published and mailed to all properties within 350-ft. of the site; the City received one phone inquiry from the neighbor to the west, and upon review of the plans declared no objections. No other comments or objections were received. Public Works Director Ryan Ruzek provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Chair Field opened the public hearing. Craig Trenary, Ground One, provided background information on his experience noting that he is familiar with the policies and best management practices. He stated that they are making great effort to restore the nature environment of the backyard in this project. Commissioner Corbett asked if Mr. Trenary was involved in the clearing of the property. Mr. Trenary confirmed that they hired a tree company, which was a misstep. He stated that all the project plans were approved by the homeowner, and they made the misstep of hiring the tree company to remove vegetation prior to obtaining a permit. He acknowledged that although State and Federal regulations do not prohibit changing of vegetation, the City has more stringent regulations, which he is now aware of. Commissioner Corbett noted that this is the fourth case in a row the Commission has seen with an experienced contractor that was not aware of City policy. Commissioner Petschel asked if the contractor has experienced this problem in any other city. Mr. Trenary commented that he has learned through this process that he would verify whether a permit is needed before removing vegetation. Commissioner Lorberbaum asked if the contractor is familiar with the come clean, leave clean concept. Mr. Trenary commented that he had the benefit of hearing the last discussion and would also comply with that concept. Commissioner Katz asked if the contractor is aware of the issue with jumping worm. Mr. Trenary commented that he is aware of that and asked his mulch distributor about it last year and would continue to do so. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER CORBETT, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 Commissioner Katz asked if the question from Commission Petschel was more City directed. Commissioner Petschel confirmed that he has asked the question before and believes the City needs to change its wetland permitting process. He stated that based on his limited research, Mendota Heights is the only community that regulates a wetland permit for any work within 100 feet of a wetland/pond. He noted that in his neighborhood, 60 percent of the homes would be required to obtain a wetland permit for work in their backyard. He explained that it seems like micromanagement of yard work. He acknowledged that the City continues to receive retroactive permit requests for this type of work. Commissioner Corbett agreed that it is a circle of education and reaction to neighbor calls, with contractors not aware of this type of process. Commissioner Petschel stated that there should be a review of the ordinance and people should have a level of freedom for what they can do on their property rather than a neighbor dragging someone in because they do not like what they are doing on their own property. He noted that it causes significant delays and additional costs. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER LORBERBAUM, TO RECOMMEND APPROVAL OF A WETLANDS PERMIT TO DAVID AND JOLENE SYLVESTER, AND TO THE PROPERTY LOCATED AT 601 POND VIEW DRIVE, WHICH WOULD ALLOW CERTAIN BACKYARD IMPROVEMENTS AND TREE/VEGETATION REMOVAL AND REPLACEMENT WITHIN 100 FEET OF A WETLAND, BASED ON THE FINDINGS-OF-FACT AND WITH THE FOLLOWING CONDITIONS: 1. ALL WORK AND IMPROVEMENTS NOTED ON THE PLANS FOR PLANNING REPORT CASE NO. 2202-06 SHALL BE THE ONLY APPROVED WORK ALLOWED UNDER THIS WETLANDS PERMIT. IF ADDITIONAL CONSTRUCTION WORK IN AREAS UP TO 100 FEET FROM POND EDGE IS NEEDED, EXCLUDING THE PLANTINGS OF TREES AND VEGETATION, THE OWNER MUST CONTACT CITY STAFF PRIOR TO COMMENCING ANY WORK, AND REPAIR AND REPLANT ANY DISTURBED AREAS WITH SUITABLE PLANTINGS AND MATERIALS, PER DIRECTION OF THE CITY’S NATURAL RESOURCES COORDINATOR. 2. THE NEW PATIO, RETAINING WALLS, STAIRS, PATHS, LANDSCAPING INSTALLATION, RESTORATION WORK, AND OTHER RELATED YARD IMPROVEMENTS WITH THIS PERMIT SHALL COMPLY WITH ALL APPLICABLE STANDARDS AND CONDITIONS NOTED UNDER TITLE 12, CHAPTER 2, WETLANDS SYSTEMS OF CITY CODE. 3. THE APPLICANT/OWNER SHALL NOT COMMENCE ANY CONSTRUCTION, GRADING WORK OR ADDITIONAL REMOVAL OR CLEARING OF TREES AND VEGETATION NEAR THE POND UNTIL THE CITY OF MENDOTA HEIGHTS HAS RECEIVED THE REQUESTED WETLAND DELINEATION REPORT, WHICH IS TO BE REVIEWED BY THE APPROPRIATE CITY STAFF AND PRESENTED TO AND ACCEPTED BY THE CITY COUNCIL AT A LATER DATE. 4. ANY REMOVALS, EXCAVATING, GRADING, AND/OR CONSTRUCTION ACTIVITY RELATED TO THE NEW BACKYARD IMPROVEMENTS, INCLUDING THE PATIO, RETAINING WALLS, STAIRS, PATHS, AND LANDSCAPING INSTALLATION SHALL BE IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL REGULATIONS AND CODES, AS WELL AS IN COMPLIANCE WITH THE CITY’S LAND DISTURBANCE GUIDANCE DOCUMENT. 5. FULL EROSION/SEDIMENTATION MEASURES SHALL BE INSTALLED PRIOR TO COMMENCEMENT OF ANY CONSTRUCTION, GRADING, OR INSTALLATION WORK, AND MAINTAINED THROUGHOUT THE DURATION OF THE PROJECT. DOUBLE BARRIERS SHALL BE PLACED ALONG THE EDGE OF THE POND FOR ADDED PROTECTION. 6. PRIOR TO THE RELEASE OF ANY ESCROW PAYMENT, ALL DISTURBED AREAS IN AND AROUND THE PROJECT SITE SHALL BE RESTORED AND HAVE AN ESTABLISHED, PROTECTED AND PERMANENT GROUND COVER IMMEDIATELY AFTER THE BACKYARD IMPROVEMENTS HAVE BEEN INSTALLED OR COMPLETED. 7. ANY SITE CONSTRUCTION OR REMOVAL SHALL OCCUR ONLY BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. WEEKDAYS, AND 9:00 A.M. TO 5:00 P.M. WEEKENDS. 8. EFFORT WILL BE MADE TO COME CLEAN, LEAVE CLEAN AND THAT THE MULCH IS FREE OF JUMPING WORM. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its April 5, 2022 meeting. Request for City Council Action DATE: April 5, 2022 TO: Mayor Levine and City Council, City Administrator Jacobson FROM: Tim Benetti, Community Development Director SUBJECT: Approval of the Eighth Amendment to Planned Unit Development Agreement for Mendota Plaza / Phase II The Reserve – At Home Apartments. INTRODUCTION City Council is asked to approve the Eighth Amendment to Planned Unit Development Agreement for Mendota Plaza. This amendment agreement is specifically for Phase II of The Reserve Apartments, the new 58-unit apartment development approved for Lot 1, Block 1 Mendota Plaza Expansion 2nd Addition in the Mendota Plaza. The developer is At Home Apartments of St. Paul, MN. BACKGROUND Phase II of The Reserve Apartments development is scheduled to be constructed on the northerly 2.05 acre vacant parcel located along Hwy. 62 and next to the existing The Reserve of Mendota Village apartments. The PUD Amendment and the related apartment development plans were approved by the City Council at the November 3, 2021 meeting, and adopted under Resolution No. 2021-92 on November 16, 2021. The Planned Unit Development Agreement (the “Developer’s Agreement”) approves the new apartment development plans on the subject property, and includes a site plan with building layout and setbacks; civil engineering plans (grading, utilities, stormwater management), building elevation plans, parking facilities, landscaping plans, walkways, lighting, fencing, and signage. The Developer’s Agreement with the City of Mendota Heights will be executed and entered into by a joint development group of Spaulding-Cashill, LLP (Alan J. Spaulding and Mike Cashill) and Mendota Reserve II, LLC (At Home Apartments). Howard Paster, owner of Mendota Plaza, will be signing the agreement as well and on behalf of Mendota Mall Associates – Outlots LLC. A fully executed agreement will be recorded by the Developer; and copies retained by the city. This agreement has been prepared by city staff, in close cooperation with the city attorney, and has been approved for content and presentation to the City Council under this action item. ACTION REQUESTED Make a motion to accept and approve the Eighth Amendment to Planned Unit Development Agreement for Mendota Plaza / Phase II The Reserve – At Home Apartments; and authorize the Mayor and City Clerk to execute this agreement on behalf of the City of Mendota Heights. Any motion or action to approve this agreement requires a simple majority vote. EIGHTH AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT FOR MENDOTA PLAZA THIS EIGHTH AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT ("Eighth Amendment") is made this _________ day of April, 2022 ("Effective Date"), by and between the City of Mendota Heights, a Minnesota municipal corporation, having its principal office at 1101 Victoria Curve, Mendota Heights, Minnesota 55118 (the "City"), Spaulding-Cashill, L.L.P., a Minnesota limited liability partnership, having its principal office at c/o At Home Apartments, 1289 Grand Avenue, St. Paul, MN 55105, its successors and assigns as permitted herein, (“Spaulding-Cashill”) and Mendota Reserve II, LLC, a Minnesota limited liability company, having its principal office at c/o At Home Apartments, 1289 Grand Avenue, St. Paul, MN 55105, its successors and assigns as permitted herein (“Mendota Reserve II”). Mendota Reserve II and Spaulding-Cashill collectively referred to as “Developer”. WITNESSETH: WHEREAS, the City and Mendota Mall Associates, LLP, a Minnesota limited liability partnership, entered into that certain Planned Unit Development Agreement dated April 30, 2009, recorded August 19, 2010, as Doc. No. 2747291 ("Original Agreement"), as amended by that certain First Amendment to Planned Unit Development Agreement dated January 16, 2010, recorded August 19, 2010, as Doc. No. 2747292 ("First Amendment”), as amended by that certain Second Amendment to Planned Unit Development Agreement dated June 9, 2010, recorded August 19, 2010, as Doc. No. 2747293 ("Second Amendment”), as amended by that certain Third Amendment to Planned Unit Development Agreement dated October 22, 2010, recorded December 8, 2010, as Doc. No. 2771092 ("Third Amendment”), as amended by that certain Fourth Amendment to Planned Unit Development Agreement dated November 28, 2011, recorded April 10, 2012, as Doc. No. 2860812 ("Fourth Amendment"), as amended by that certain Fifth Amendment to Planned Unit Development Agreement dated July 3, 2012, recorded July 12, 2012, as Doc. No. 2879898 ("Fifth Amendment"); as amended by that certain Sixth Amendment to Planned Unit Development Agreement dated November 7, 2016, recorded November 17, 2016, as Doc. No. 3161890 ("Sixth Amendment"); as amended by that certain Seventh Amendment to Planned Unit Development Agreement dated October 12, 2017, recorded October 13, 2017, as Doc. No. 3217765 (“Seventh Amendment”) (collectively referred to as the "Agreements”); and WHEREAS, Mendota Mall Associates, LLC, a Minnesota limited liability company, as successor in interest to Mendota Mall Associates, LLP, a Minnesota limited liability partnership, conveyed title to that real property legally described in EXHIBIT A attached hereto (“Subject Property”, which property is subject to the Agreement and the Amendments. Mendota Mall Associates – Outlots, LLC, a Minnesota limited liability company (the “Mendota Mall”) pursuant to that certain Limited Warranty Deed dated June 11, 2015, recorded June 25, 2015, as Doc. No. 3074859; and WHEREAS, the Mendota Mall entered into that certain Purchase Agreement and Escrow Agreement with At Home Apartments, L.L.C. (“At Home Apartments”) and At Home Apartments subsequently assigned its rights and obligations under said agreement to Spaulding-Cashill; and WHEREAS, the Mendota Mall subsequently conveyed to the Subject Property to Spaulding-Cashill; and WHEREAS, Spaulding-Cashill has leased the Subject Property to Mendota Reserve II, and Mendota Reserve II plans on constructing an apartment building on the Subject Property (the “Phase II Apartment Improvements”); and WHEREAS, Mendota Mall received approval under the aforementioned Sixth Amendment an allowance to develop and construct two (2) multi-tenant restaurant/retail buildings on the Subject Property, which improvements were identified as "Commercial Improvements” under said Sixth Amendment documentation; and WHEREAS, the City adopted Resolution No. 2021-92, a resolution approving a conditional use permit to amend the 2009 Mendota Plaza Planned Unit Development – Final Development Plan, along with a wetlands permit for the Subject Property, said resolution dated November 16, 2021, recorded February 4, 2022, as Doc. No. 3521751 (“Resolution No. 2021- 92”), attached hereto as EXHIBIT B, and which resolution officially approved the request from At Home Apartments to develop a new 58-unit, market rate apartment building with parking facilities, referenced as Phase II of The Reserve Apartments (the “Apartment Improvements”) on the Subject Property, as presented under Planning Case No. 2021-12; and WHEREAS, the City recognizes and consents to the assignment by At Home Apartments of its right to develop the Apartment Improvements on the Subject Property pursuant to Resolution No. 2021-92 to Mendota Reserve II, which is comprised of the same principals; and WHEREAS, the Mendota Mall, Spaulding-Cashill, Mendota Reserve II, and the City desire to enter into this Eighth Amendment to the Original Agreement, and set forth certain changes and amendments to the Agreements as they relate to the Subject Property. NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. Capitalized terms used, but not defined herein, have the meanings ascribed to them in the Agreement, except for existing terms re-defined in this Amendment of the following new terms which will be defined as follows (or as are defined elsewhere in this Eighth Amendment). 2. Revised Site Plan for Subject Property. In lieu of the original development depicted on the original Lot 3 and Outlot C, Block 1 of Mendota Plaza Expansion Addition and illustrated on EXHIBIT A to the Original Agreement, and the Site Plan on EXHIBIT A of the Sixth Amendment Agreement, are all hereby amended to include the Revised Site Plan for the Subject Property, attached hereto this Eighth Amendment Agreement as EXHIBIT C. 3. Development Plans. The new 58-unit Apartment Building elevations and floor plans approved by the City, and overall development and improvements to be made to the Subject Property, including the Site and Civil Plans, which include (but not limited to) the new building layout and setbacks, elevation plans, new parking facilities, landscaping, utilities, walkways, lighting, fencing, signage, and stormwater management features and storm pond, are all attached hereto as EXHIBIT D and collectively referred to as the "Development Plans''. 4. Apartment Improvements Elevation Plans. The Restaurant/Retail Elevation and Floor Plans depicted in EXHIBIT B of the Sixth Amendment Agreement shall be deleted and replaced with the revised Development Plans attached as Exhibit D to this agreement. 5. Conveyance of Subject Property. Following the conveyance of the Subject Property by Mendota Mall to Spaulding-Cashill, as evidenced by the recording of a deed for the Subject Property from the Mendota Mall to Spaulding-Cashill and following the execution of the Ground Lease by and between Spaulding-Cashill and Mendota Reserve II, Mendota Reserve II shall become the effective "developer" of the Subject Property, with respect to all terms and conditions of the Agreement and subsequent amendments regarding the approved improvements to be made to the Subject Property, and the operation of the apartment building thereon. Mendota Mall will have no obligations under the Agreement or this Eighth Amendment Agreement with respect to the Subject Property. 6. Development of Subject Property in Accordance with the Plans. Mendota Reserve II will develop the Subject Property in accordance with the Development Plans, which have been approved by the City. Failure of Mendota Reserve II to complete the Apartment Improvements in accordance with the Development Plans shall be an Event of Default by Mendota Reserve II under this Eighth Amendment and the prior Agreements and Amendments. 7. Conditions and Project Specific Approvals to the Development of the Subject Property. The conditions memorialized in Resolution No. 2021-92 (EXHIBIT B) and those impacting the Apartment Improvements and the related Development Plans, are hereby incorporated into this Eighth Amendment, and shall be the sole responsibility of Mendota Reserve II with no joint or several liability between said parties. 8. Landscape Letter of Credit. Prior to issuance of a building permit for the Apartment Improvements to be made to the Subject Property, Mendota Reserve II shall provide the City with a landscape letter of credit, bond or other security covering a minimum of one full growing season-calendar year which is in form reasonably acceptable to the City in an amount of up to one hundred fifty percent (150%) (as determined by the City Administrator or designee) of the full cost of all landscaping, irrigation, and fencing to be installed on the Subject Property. After one (1) complete growing season, Mendota Reserve II may request a release (partial or total) of the letter of credit or bond; provided, however, that the amount to be released (if any) shall be determined by the City in the exercise of its reasonable judgment. The City shall, if requested by Mendota Reserve II, return the letter of credit or bond to Mendota Reserve II after the landscape portion of the improvements to Subject Property has been closed out by the City, which shall not be earlier than one year after the installation of all landscaping in accordance with the Landscape Plan included with the Development Plans. 9. Completion of Development. Mendota Reserve II hereby agrees to complete all development improvements approved on the Subject Property no later than two (2) years from the effective date of this Eighth Amendment. Mendota Reserve II reserves the right to request an extension up to one (1) additional year from this expiration date, due to unforeseen circumstances or other reasons that may preclude them from completing this development during this two year period. City Council shall have the final authority to grant the extension. Notice to the City must be given by Mendota Reserve II at least 90-days prior to this two year period. 10. Consent to Transfer of The Subject Property. Pursuant to Section 6.3 of the Original Agreement, the Developer shall not have the right to transfer any portion of the Development Property without the prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. The City acknowledges the Mendota Mall entered into a purchase agreement for the sale of Subject Property to At Home Apartments as further assigned to Spaulding-Cashill; and pursuant to Section 6.3, the City shall be entitled to require the following information on any land transfer, which include (a) Evidence of Developer Experience; (b) Evidence of Financial Qualifications; (c) Agreement to be Bound; and (d) Form of Transfer Documents. 11. Park Dedication Fees. The park dedication fee for the Subject Property is $232,000.00, which is based on $4,000 per unit for 58-units. Mendota Reserve II shall pay this park fee at time of building permit approval. 12. Event of Default. Notwithstanding anything to the contrary in this Eighth Amendment or the Agreements, an Event of Default by the Mendota Mall or Mendota Reserve II shall not be considered to be an Event of Default against the non-defaulting party. Accordingly, by way of example, if Mendota Reserve II defaults under any term and condition obligating Mendota Reserve II, the City shall have no claim against the Mendota Mall. 13. Estoppel by City. As a substitution for providing the estoppels certificate required under Section 9.10 of the Original Agreement, City hereby certifies to Mendota Mall Associates, LLC , Mendota Mall, Spaulding-Cashill, and Mendota Reserve II that (a) the Agreements, as amended by this Eighth Amendment, is in full force and effect, (b) the Agreements, as amended by this Eighth Amendment, has not been modified or amended except as described herein as to the amendments listed above, and (c) the City has not provided Mendota Mall Associates, LLC, Mendota Mall, Spaulding-Cashill, or Mendota Reserve II with any notice of any Event of Default on the part of Mendota Mall Associates, LLC or Mendota Mall or any other claim against the Mendota Mall Associates, LLC or Mendota Mall. 14. Agreement to be Bound. Mendota Reserve II expressly agrees to and assumes all of the obligations of Mendota Mall under the Agreements, as amended, as to the Subject Property. Conveyance of the Subject Property shall operate not to deprive or limit the City with respect to any rights, remedies, or controls provided in or resulting from the Agreements, as amended. 15. Ratification. Except as expressly amended hereby, all of the terms, provisions, covenants and conditions of the Agreement are hereby ratified and confirmed and will continue in full force and effect. 16. Authority. The individuals executing this Eighth Amendment hereby represent and warrant that they are empowered and duly authorized to so execute this Eighth Amendment on behalf of the parties they represent. 17. Counterparts. This Eighth Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 18. Notice. Any notice under the Agreement to Mendota Reserve II shall be sent to: Mendota Reserve II, LLC c/o At Home Apartments Attn: Leanna Stefaniak 1289 Grand Avenue St. Paul, Minnesota 55105 Email: lstefaniak@aha-mn.com With a simultaneous copy to: Spaulding-Cashill, L.L.P. c/o At Home Apartments Attn: Michael E. Cashill 1289 Grand Avenue St. Paul, MN 55105 Email: mcashill@aha-mn.com 19. Exhibits. The following Exhibits constitute the related attachments noted in this specific Amendment Agreement, including the approved development plans of the Subject Property, and are attached hereto and by reference made part of this Amendment Agreement: Exhibit A Legal Description / PID of the Subject Property Exhibit B Resolution No. 2021-92 Exhibit C Revised Site Plan for the Subject Property Exhibit D Development Plans [Signatures to this Agreement Appear on Next Three Pages] IN WITNESS WHEREOF, the City has caused this Eighth Amendment to be duly executed in its name and behalf, Mendota Mall has caused this Eighth Amendment to be duly executed in its name and behalf, Spaulding-Cashill has caused this Eighth Amendment to be duly executed in its name and behalf, and Mendota Reserve II has caused this Eighth Amendment to be duly executed in its name and behalf, on or as of the date first above written. CITY OF MENDOTA HEIGHTS, MINNESOTA By: ________________________________ Stephanie Levine Its: Mayor By: ________________________________ Lorri Smith Its: City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ___ day of _____________, 2022, by Stephanie Levine and Lorri Smith, the Mayor and City Clerk, respectively, of the City of Mendota Heights, a Minnesota statutory city, on behalf of such city. ___________________________________ Notary Public [Signature Page of the City of Mendota Heights to the Eighth Amendment to the 2009 Mendota Plaza Planned Unit Development Agreement, dated:_______________, 2022 ] MENDOTA MALL ASSOCIATES – OUTLOTS, LLC By: ________________________________ Howard A. Paster Its: Chief Manager STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of _____________, 2022, by Howard A. Paster, the Chief Manager of Mendota Mall Associates – Outlots, LLC, a Minnesota limited liability company, on behalf of such limited liability company. ___________________________________ Notary Public [Signature Page of the Mendota Mall Associates-Outlots, LLC to the Eighth Amendment to the 2009 Mendota Plaza Planned Unit Development Agreement, dated:_______________, 2022 ] SPAULDING-CASHILL, L.L.P. By: ________________________________ Michael E. Cashill, as trustee of the Alan J. Spaulding Irrevocable Trust effective September 12, 2019 Its: Partner By: ________________________________ Alan J. Spaulding, as trustee of the Michael E. Cashill Irrevocable Trust effective September 12, 2019 Its: Partner STATE OF MINNESOTA ) ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ___ day of _____________, 2022, by Michael E. Cashill, as trustee of the Alan J. Spaulding Irrevocable Trust effective September 12, 2019, Partner, of Spaulding-Cashill, L.L.P, a Minnesota limited liability partnership, on behalf of such limited liability partnership. ___________________________________ Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ___ day of _____________, 2022, by Alan J. Spaulding, as trustee of the Michael E. Cashill Irrevocable Trust effective September 12, 2019, Partner, of Spaulding-Cashill, L.L.P., a Minnesota limited liability partnership, on behalf of such limited liability partnership. ___________________________________ Notary Public [Signature Page of the Spaulding-Cashill, L.L.P. to the Eighth Amendment to the 2009 Mendota Plaza Planned Unit Development Agreement, dated:_______________, 2022 ] MENDOTA RESERVE II, LLC By: Leanna M. Stefaniak Its: Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ____ day of __________________, 2022, by Leanna M. Stefaniak, the Chief Manager of Mendota Reserve II, LLC, a Minnesota limited liability company, on behalf of such limited liability company. ___________________________________ Notary Public [Signature Page of the Mendota Reserve II, LLC to the Eighth Amendment to the 2009 Mendota Plaza Planned Unit Development Agreement, dated:_______________, 2022 ] EXHIBIT A LEGAL DESCRIPTION Parcel 1: Lot 1, Block 1, Mendota Plaza Expansion Second Addition, Dakota County Minnesota. Abstract Property Parcel 2: Nonexclusive, reciprocal easements for ingress, egress, parking, utilities and drainage, as contained in Declaration of Easements, Covenants, Conditions and Restrictions dated December 16, 2009, filed March 22, 2010, as Document No. 2720496. As amended by First Amendment to Declaration of Easements, Covenants, Conditions and Restrictions dated May 7, 2012, filed May 25, 2012, as Document No. 2870428. As amended by Second Amendment to Declaration of Easements, Covenants, Conditions and Restrictions dated November 7, 2016, filed November 17, 2016, as Document No. 3161886 DOCUMENT DRAFTED BY: City of Mendota Heights, MN 1101 Victoria Curve Mendota Heights, MN 55118 EXHIBIT B RESOLUTION NO. 2021-92 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2021-92 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO AMEND THE 2009 MENDOTA PLAZA PLANNED UNIT DEVELOPMENT— FINAL DEVELOPMENT PLAN AND WETLANDS PERMIT TO LOT 1,BLOCK 1,MENDOTA PLAZA EXPANSION SECOND ADDITION PLANNING CASE NO. 2021-121 WHEREAS At Home Apartments, LLC ("At Homes" or "Applicant" or "Developer") in cooperation with Mendota Mall Associates, LLC (Paster Properties and as "Owner") has applied for a conditional use permit to amend the 2009 Mendota Plaza Planned Unit Development (PUD) Final Development Plan, along with a wetlands permit as proposed under Planning Case 2021- 12 (Phase II/58-Unit Apartments)("Project")for the property located at a 2. 05 acre vacant parcel located along Highway 62 and legally described in Exhibit A; and WHEREAS the conditional use permit to amend the PUD as presented herein would authorize the construction of a 74,000 square foot apartment building with three stories containing 58-units and a smaller fourth story of 3,250 square feet to contain indoor pickle ball and bocce ball courts, a wine bar, patio with a fire pit, fitness area, and common lounge space; and WHEREAS the wetlands permit will allow new construction work and activities within 100-feet of an adjacent wetland feature recognized on the City's official Wetlands Map as Interstate Creek; and WHEREAS the Mendota Heights Planning Commission took this matter up again at their regular meeting of August 24, 2021, whereby the commission allowed for additional comments and testimony under a public hearing on this matter on an additional meeting date of October 26, 2021, and whereupon closing the hearing and follow-up discussion on this item, the Planning Commission recommended denial (by 5-2 vote) of the conditional use permit to amend the 2009 Mendota Plaza Planned Unit Development, along with the wetlands permit, with certain findings of fact and recommended conditions of approval; and WHEREAS on November 3, 2021, the Mendota Heights City Council held a regular meeting to discuss Planning Case 2021-12 and receive public comment; and WHEREAS on November 3, 2021, the Mendota Heights City Council voted to approve by 3-2 vote)Planning Case 2021-12 for Phase II/ 58-Unit Apartments; and WHEREAS the Mendota Heights City Council wishes to adopt written findings of fact in support of the approval of Planning Case 2021-12 consistent with Minn. Stat. § 15.99; and NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit to amend 2009 Mendota Plaza Planned Unit Development (PUD) --- Final Development Plan and wetlands permit as proposed under Planning Case 2021-12, is hereby approved with the following findings of fact: A. The proposed amendment to the 2009 Mendota Plaza Planned Unit Development Final Development Plan is consistent with the 2040 Comprehensive Plan. In particular, the Project is consistent with the City's goal to provide a range of housing options to enhance the opportunity for people of all generations and in all stages of life to reside in the City of Mendota Heights. Currently,the City contains mostly high-end and mid-range valued single-family homes. This Project provides much needed multi-family housing stock, consistent with the stated goal of the Comprehensive Plan. The Project is designed to attract young professionals by providing more affordable units with smaller square footage and high-end amenities, but it will be accessible to people of all generations. B. The Project enhances the City's stated goal in the Comprehensive Plan of sustainability.The Project promotes sustainability and resilience by utilizing design features such as a solar ray on roof, low flow toilets, slower showerheads, and single-metered water for each residential unit to encourage conscientious use of water. The Project includes energy-efficient appliances, poured concrete, and adequate insulation. The parking is contained within the envelope of the building to reduce the impervious surface of the apartment building and grounds.The Project provides for green space and landscaping to include pollinator friendly gardens and nine over-story trees.The number of trees is sufficient for the site when considering traffic sight lines, underground utilities, and the integrity of the retaining wall. C. The proposed amendment to the 2009 Mendota Plaza Planned Unit Development Final Development Plan is consistent with the applicable City Code requirements for such a development. D. The Project complies with the allowable density range of 21 ---- 30 units/acre as permitted for new MU-PUD (Mixed-Use-Planned Unit Development) land uses. This is consistent with the density for a MU-Mixed Use land category in the 2040 Comprehensive Plan. The City Council specifically adopts the density calculation as presented in the Planning Report (Supplemental) dated August 24, 2021, presented to the Planning Commission and fully incorporated into this Resolution. E. The Project will be an effective and unified treatment of the existing development within the established PUD, and the development includes provisions for the preservation of unique natural amenities such as streams, stream banks, wooded cover, rough terrain, and similar areas. In particular, the Developer has provided for natural wetland buffers around Interstate Creep, created natural looking ponds, made pedestrian connections accessible to Dodge Nature Center lands to the east, and created trail systems. Res 2021-92 Page 2 of 7 F. Financing for this proposed development is available and will be provided to the developer with certain conditions between the developer and their lender, and in an amount sufficient to assure completion of the proposed apartment development, which will contribute to the completion of the overall planned unit development in this MU-PUD area. G. The Project utilizes the flexibility of the planned unit development and other zoning standards to enhance the development of the property, without negatively impacting surrounding land uses and natural resources. H. The design of the Project provides reasonable building and parking lot setbacks and a reasonable number of parking stalls. In particular,the Project provides 49 surface parking spaces and 69 underground spaces, for a total of 118 spaces. This provides a ratio of 2.03 parking spaces/unit. For comparison, the R-3 District requires a minimum of 2.5 parking spaces for each dwelling unit,which would amount to 145 spaces for this Project, if that standard were applicable. Requiring 145 spaces for this Project would be excessive considering the newer multi-family residential development needs throughout the metro area and the nation. I.The reduced building and parking setbacks, smaller unit sizes, reduced land area, and overall density of this development does not pose any threat to the general health, safety and welfare of the surrounding properties, nor diminishes the usefulness of the planned development of this property. J.The reduced parking ratio should be supported due to the strong desire to reserve or encourage more open space on this site;and help reduce any hard surface impacts that additional parking would require. K. The Project is not excessive compared to the originally planned development for the site. Based upon the traffic analysis prepared for this application, the proposed development will generate fewer vehicle trips or daily traffic entering/leaving this area than the retail/commercial development(s)previously proposed for this PUD This 58-unit apartment building is estimated to increase traffic 318 vehicles on Dodd Road. This increase in traffic is minimal and will not adversely affect public safety or the general welfare. In addition, this Project adequately provides sidewalks to enhance walkability for future residents of the 58-unit apartment building to encourage residents to access nearby retail and commercial areas on foot. L. Construction of the proposed high-density residential development will contribute to a significant amount of the Metropolitan Council's Year 2040 forecasted population and household increases. M. The Project can and has been planned and is proposed to be developed to harmonize with adjacent projects or proposals. The Project enhances the 2009 Mendota Plaza Planned Unit Development Final Development Plan. The proposed apartment Res 2021-92 Page 3 of 7 development use would be in character with other surrounding uses in this mixed- use commercial and high density residential project area, and the new residents projected for this site will help support and contribute to the economic sustainability of the surrounding retail and commercial uses. N. The Sixth Amendment to the Planned Unit Development Agreement dated November 2016 provides that Section 3.2 is deleted in its entirety as it relates to the Mendota Plaza Expansion Second Addition, which includes this Project. Section 3.2 governed the timeframe in which the development must be completed. Since 3.2 was deleted in its entirety, there is currently no completion deadline in place, and accordingly, there is no timeframe limitation that prevents City Council from approving this Project. Furthermore, City Council has the authority to adjust the deadlines for development projects consistent with the City Code. O. The factual findings and analysis found in the Planning Staff Report(Supplemental) for Planning Case No. 2021-12, dated August 24, 2021, prepared for the Planning Commission (on file with the City of Mendota Heights), is hereby fully incorporated into this Resolution, excluding the draft Findings of Fact for Denial. P. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2021-12, dated and presented November 3, 2021, (on file with the City of Mendota Heights), is hereby fully incorporated into this Resolution, excluding Exhibit A: Findings of Fact for denial. Q. The factual findings and analysis found in the Planning Staff Report(Supplemental) for Planning Case No. 2021-12, dated October 26, 2021, (on file with the City of Mendota Heights), is hereby fully incorporated into this Resolution. R. The City has the authority to place reasonable conditions upon the property subject to this land use request, including a deadline for completion of the Project. Conditions must be directly related to and roughly proportional to the impact created by the conditional use permit. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit to amend the 2009 Mendota Plaza Planned Unit Development,and wetlands permit as proposed under Planning Case 2021-12, is hereby approved with the following conditions: 1. The Applicant shall enter into an amended Development Agreement required by approval of the proposed project, to be reviewed and approved by the City Attorney and approved by the City Council. 2. Any new final building plan approved under this PUD Amendment shall be constructed only in conformance to the PUD Plans approved by the City Council; and all approved building and site must be certified by a registered architect and engineers (as applicable); and in accordance with all architectural and building standards found under Title 12-1E-8, Res 2021-92 Page 4 of 7 Subpart F "Architectural Controls" and Subpart G— Structural, Electrical and Mechanical Requirements. 3. Any drainage and utility easement or any other easements that may be impacted by the physical placement of the new apartment structure or other improvements must be vacated and re-established/dedicated as necessary,per the direction of the Public Works Director. 4. All new signage must comply with the sign standards in the Mendota Heights Plaza PUD Agreement. 5. A park dedication fee of$4,000/residential unit shall be paid at time of building permit approval. b. Rooftop mechanical units shall be of a low profile variety. All ground-level and rooftop mechanical utilities,other than low profile rooftop units, shall be completely screened with one or more of the materials used in the construction of the principal structure, to be reviewed by the Planning Department and verified as part of the building permit review process. 7. All new trees and plant material shall be designed to comply with the city's pollinator friendly and native plantings policy; all landscaped areas shall be irrigated; and plants used to provide an effective screening element for building utility areas. 8. A performance bond or letter of credit shall be supplied by the applicant in an amount equal to at least one and one-half(11/2) times the value of such screening, landscaping, or other improvements, to be included as part of the Development Agreement. 9. The applicant, owner, tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy,neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan and which have died shall be replaced as soon as seasonal or weather conditions allow. 10. A Lighting and Photometric Plan shall be submitted that includes proposed outdoor parking lot lighting, building lighting and any additional lighting, which must be reviewed by the Planning and Public Works Departments and included as part of any new building permit review process. 11. The proposed water system shall be designed and constructed to Saint Paul Regional Water Service (SPRWS) standards. 12. All grading and construction activities as part of the proposed development shall be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City's Land Disturbance Guidance Document. Res 202I-92 Page 5 of 7 13. Building and grading permits shall be obtained from the City prior to commencement of any construction or excavation. 14. All applicable fire and building codes,as adopted/amended by the City,shall apply and the buildings shall be fully-protected by an automatic fire sprinkler system and other fire safety measures or improvements as determined by the City's Fire Marshal and/or Building Official. Adopted by the City Council of the City of Mendota Heights this 16`h day of November 2421. CITY COUNCIL CITY OF MENDOTA HEIGHTS nz v M yor, Aiephanie Levine ATTEST Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights,MN 55118 Res 2021-92 page 6 of 7 EXHIBIT A Legal Description PID No. 27-48402-01-010 Lot 1, Bloch 1, Mendota Plaza Expansion 2"d Addition Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights,MN 55118 Res 2021-92 Page 7 of 7 3521751Receipt:# 827051 COND $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded on: 2/4/2022 11:00 AM By: CAC, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder STATE OF MINNESOTA ) COUNTY OF DAKOTA ) S. S. CITY OF MENDOTA HEIGHTS ) I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do hereby certify that the attached Resolution 2021- 92 Approving a Conditional Use Permit Planned Unit Development Amendment At Homes Phase II is an exact copy of the resolution on file in my office adopted by the Mendota Heights City Council. Signed and sealed by my hand on this 1st day of February, 2022. Lorri Smith City Clerk SEAL) 3: EXHIBIT C REVISED SITE PLAN FOR THE SUBJECT PROPERTY EXISTINGAPARTMENTBUILDINGPROPOSED 4-STORYAPARTMENT BUILDING24,800 SF58 UNITSLOT 1BLOCK 1EXISTINGPONDLOT 1BLOCK 2OUTLOT A81'R3'R3'R3'R3'R3'R10'R10'R9'R85'R3'R15'R15'R3'R3'R3'R28'45'9'(TYP.)24'24'9'(TYP.)35'45'18' (TYP.)108'24'15'7'15'18' (TYP.)24'5'40'11'18'12'104'15'14'12'5'11'R70'9'SOUTH PLAZA WAYR75'R116'R10'46'17'16'11'1'33'76'5'R3'19'12'8'12'13605 1st Avenue N. #100Plymouth, MN 55441 | ae-mn.comP 763.412.4000 | F 763.412.4090Anderson Engineering of Minnesota, LLCPRINT NAME:SIGNATURE:I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATEOF MINNESOTA.DATE:LICENSE NO.LEE KOPPY, PE4126701/24/2022REVISIONS:SHEET TITLEPROJECT NO:www.collagearch.comDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 55413JANUARY 25, 202216460LAND USEAPPLICATIONMendota Heights, MNNo. Date Description 3 1/24/2022 UPDATE 1 8/10/2021 CITY COMMENTS 2 10/13/2021 CITY COMMENTSN0 30' 60'GARAGEENTRANCEPARKING SUMMARYSETBACKSPARKING : 10.0 FEETBUILDING: 15.0 FEETZONINGEXISTING: MU-PUD MIXED USETOTAL RESIDENTIAL DWELLING UNITS = 58PROPOSED PARKING STANDARD ADA TOTALINTERIOR LOWER 68 1 69EXTERIOR 47 2 49TOTAL PARKING 115 3 118PARKING RATIO 2.03 STALL/UNIT10.0' PARKINGSETBACK (TYP.)15.0' BUILDINGSETBACK (TYP.)EXISTING SHEET PILERETAINING WALLW/ GUARD RAILEXISTING MONUMENT SIGNC2PARCEL 2 SITEPLAN 1 8/10/2021 CITY COMMENTSLEGENDPROPERTY LIMITSADJACENT PROPERTYBUILDING SETBACKSPARKING SETBACKPROPOSED CONCRETE C&GPROPOSED RETAINING WALLPROPOSED BITUMINOUS ASPHALTPROPOSED CONCRETE SIDEWALKNO PARKING ZONEHANDICAP STALL DESIGNATIONNUMBER OF PARKING STALL INSECTION1612345CONCRETE SIDEWALK PER 4/C7CONCRETE PEDESTRIAN RAMP PER 5/C7MATCH TO EXISTING SURFACEASPHALT PAVEMENT PER 2/C7B612 CONCRETE CURB AND GUTTER PER 1/C7KEYNOTESGENERAL NOTES1. ALL DIMENSIONS TO FACE OF CURB UNLESSOTHERWISE INDICATED ON PLANS.2. ALL CONSTRUCTION SHALL COMPLY WITH 2020 EDITIONOF MN/DOT STANDARD CONSTRUCTIONSPECIFICATIONS (INCLUDING SUPPLEMENTS), ASAPPLICABLE. ALL CONSTRUCTION SHALL COMPLYWITH LOWER MISSISSIPPI RIVER WATERSHEDMANAGEMENT ORGANIZATION, MN DEPARTMENT OFHEALTH, AND CITY OF MENDOTA HEIGHTS PERMITREQUIREMENTS.3. CONTRACTOR SHALL VERIFY ALL UNDERGROUNDUTILITIES IN THE AREA OF CONSTRUCTION, PRIOR TOBEGINNING THE WORK.4. NEW CONSTRUCTION FEATURES SHALL MATCH IN TOEXISTING WHERE APPLICABLE (PAVEMENTS, CURBS,SIDEWALKS). PROVIDE SMOOTH TRANSITIONS ATMATCH-IN POINTS.5. NO WORK SHALL BE PERFORMED WITHIN THE CITY OFMENDOTA HEIGHTS RIGHT OF WAY WITHOUT COPIESOF THE APPROVED CITY PERMITS ON SITE.CONTRACTOR SHALL PERFORM WORK WITHIN THE R/WIN CONFORMANCE WITH ALL PERMIT REQUIREMENTS.6. THE CONTRACTOR IS RESPONSIBLE FOR MAINTAININGALL HORIZONTAL AND VERTICAL CONTROLS.7. CONTRACTOR SHALL VERIFY ALL DIMENSIONS ANDELEVATIONS PRIOR TO CONSTRUCTION.8. THE CONTRACTOR SHALL OBTAIN ALL NECESSARYCONSTRUCTION PERMITS REQUIRED TO PERFORM ALLTHE WORK. THE CONTRACTOR SHALL POST ALLBONDS, PAY ALL FEES, PROVIDE PROOF OFINSURANCE, AND PROVIDE ANY NECESSARY TRAFFICCONTROL FOR THE WORK.9. PROTECT EXISTING UTILITIES UNLESS OTHERWISENOTED.10. SUBSTITUTIONS FROM INFO. SHOWN HEREON SHALLBE REVIEWED AND APPROVED BY THE ENGINEER OFRECORD.11. VERIFY BUILDING DIMENSIONS WITH ARCHITECTURALAND FOUNDATION PLAN.12. OWNER/CONTRACTOR TO HOLD PRECONSTRUCTIONMEETING PRIOR TO CONSTRUCTION.6INSTALL LANDING ON IN SIDEWALK7ADA PARKING STALL AND ACCESS AISLE54591214PROPOSED RETAINING WALLW/ GUARD RAIL(DESIGN BY OTHERS)PROPOSED RETAINING WALLW/ GUARD RAIL(DESIGN BY OTHERS)111122222222223344555522585568 EXHIBIT D DEVELOPMENT PLANS 13605 1st Avenue N. #100Plymouth, MN 55441 | ae-mn.comP 763.412.4000 | F 763.412.4090Anderson Engineering of Minnesota, LLCPRINT NAME:SIGNATURE:I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATEOF MINNESOTA.DATE:LICENSE NO.LEE KOPPY, PE4126701/24/2022REVISIONS:SHEET TITLEPROJECT NO:www.collagearch.comDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 55413JANUARY 25, 202216460LAND USEAPPLICATIONMendota Heights, MNNo. Date Description 3 1/24/2022 UPDATE 1 8/10/2021 CITY COMMENTS 2 10/13/2021 CITY COMMENTSN0 30' 60'X1PARCEL 2 EXISTINGCONDITIONS 13605 1st Avenue N. #100Plymouth, MN 55441 | ae-mn.comP 763.412.4000 | F 763.412.4090Anderson Engineering of Minnesota, LLCPRINT NAME:SIGNATURE:I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATEOF MINNESOTA.DATE:LICENSE NO.LEE KOPPY, PE4126701/24/2022REVISIONS:SHEET TITLEPROJECT NO:www.collagearch.comDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 55413JANUARY 25, 202216460LAND USEAPPLICATIONMendota Heights, MNNo. Date Description 3 1/24/2022 UPDATE 1 8/10/2021 CITY COMMENTS 2 10/13/2021 CITY COMMENTSN0 30' 60'LEGENDPROPERTY LIMITSCONSTRUCTION LIMITSEXISTING WATERMAINEXISTING SANITARY SEWEREXISTING STORM SEWEREXISTING FENCEEXISTING GAS MAINEXISTING OVERHEAD WIRESEXISTING TELEPHONEEXISTING UNDERGROUNDELECTRICEXISTING HYDRANT AND GVEXISTING SANITARY MANHOLEEXISTING STORM SEWER INLETREMOVE EXISTING UTILITY LINEREMOVE EXISTING BUILDINGSTRUCTUREREMOVE EXISTING ASPHALTPAVEMENTREMOVE EXISTING CONCRETEPAVEMENTREMOVE EXISTING CONCRETEWALKREMOVE EXISTING CONCRETEC&GREMOVE TREEJRJRLKPARCEL 2DEMOLITIONPLANC11234KEY NOTESEXISTING STORM MANHOLE INSTALL NEENAHR-1642 CASTING ON EXISTING STRUCTURE.SALVAGE EXISTING NEENAH R-3067 CASTINGFOR USE ON NEW STRUCTURES.REMOVE EXISTING STORM STRUCTURE.SALVAGE EXISTING CASTING FOR USE ON NEWSTRUCTURES.REMOVE WATER SERVICE AND VALVE TO NEWPOINT OF CONNECTION. COORDINATE WATERSHUTDOWN WITH UTILITY PROVIDER.REMOVE EXISTING SHEET PILE WALL ASNECESSARY FOR BUILDING CONSTRUCTION.SEE ARCHITECTURAL AND STRUCTURAL PLANSFOR ADDITIONAL INFORMATION.122222224C1XXXMENDOTA HEIGHTSAPARTMENTSLAND USEAPPLICATIONPARCEL 2DEMOLITION PLAN EXISTINGAPARTMENTBUILDINGPROPOSED 4-STORYAPARTMENT BUILDING24,800 SF58 UNITSLOT 1BLOCK 1EXISTINGPONDLOT 1BLOCK 2OUTLOT A81'R3'R3'R3'R3'R3'R10'R10'R9'R85'R3'R15'R15'R3'R3'R3'R28'45'9'(TYP.)24'24'9'(TYP.)35'45'18' (TYP.)108'24'15'7'15'18' (TYP.)24'5'40'11'18'12'104'15'14'12'5'11'R70'9'SOUTH PLAZA WAYR75'R116'R10'46'17'16'11'1'33'76'5'R3'19'12'8'12'13605 1st Avenue N. #100Plymouth, MN 55441 | ae-mn.comP 763.412.4000 | F 763.412.4090Anderson Engineering of Minnesota, LLCPRINT NAME:SIGNATURE:I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATEOF MINNESOTA.DATE:LICENSE NO.LEE KOPPY, PE4126701/24/2022REVISIONS:SHEET TITLEPROJECT NO:www.collagearch.comDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 55413JANUARY 25, 202216460LAND USEAPPLICATIONMendota Heights, MNNo. Date Description 3 1/24/2022 UPDATE 1 8/10/2021 CITY COMMENTS 2 10/13/2021 CITY COMMENTSN0 30' 60'GARAGEENTRANCEPARKING SUMMARYSETBACKSPARKING : 10.0 FEETBUILDING: 15.0 FEETZONINGEXISTING: MU-PUD MIXED USETOTAL RESIDENTIAL DWELLING UNITS = 58PROPOSED PARKING STANDARD ADA TOTALINTERIOR LOWER 68 1 69EXTERIOR 47 2 49TOTAL PARKING 115 3 118PARKING RATIO 2.03 STALL/UNIT10.0' PARKINGSETBACK (TYP.)15.0' BUILDINGSETBACK (TYP.)EXISTING SHEET PILERETAINING WALLW/ GUARD RAILEXISTING MONUMENT SIGNC2PARCEL 2 SITEPLAN 1 8/10/2021 CITY COMMENTSLEGENDPROPERTY LIMITSADJACENT PROPERTYBUILDING SETBACKSPARKING SETBACKPROPOSED CONCRETE C&GPROPOSED RETAINING WALLPROPOSED BITUMINOUS ASPHALTPROPOSED CONCRETE SIDEWALKNO PARKING ZONEHANDICAP STALL DESIGNATIONNUMBER OF PARKING STALL INSECTION1612345CONCRETE SIDEWALK PER 4/C7CONCRETE PEDESTRIAN RAMP PER 5/C7MATCH TO EXISTING SURFACEASPHALT PAVEMENT PER 2/C7B612 CONCRETE CURB AND GUTTER PER 1/C7KEYNOTESGENERAL NOTES1. ALL DIMENSIONS TO FACE OF CURB UNLESSOTHERWISE INDICATED ON PLANS.2. ALL CONSTRUCTION SHALL COMPLY WITH 2020 EDITIONOF MN/DOT STANDARD CONSTRUCTIONSPECIFICATIONS (INCLUDING SUPPLEMENTS), ASAPPLICABLE. ALL CONSTRUCTION SHALL COMPLYWITH LOWER MISSISSIPPI RIVER WATERSHEDMANAGEMENT ORGANIZATION, MN DEPARTMENT OFHEALTH, AND CITY OF MENDOTA HEIGHTS PERMITREQUIREMENTS.3. CONTRACTOR SHALL VERIFY ALL UNDERGROUNDUTILITIES IN THE AREA OF CONSTRUCTION, PRIOR TOBEGINNING THE WORK.4. NEW CONSTRUCTION FEATURES SHALL MATCH IN TOEXISTING WHERE APPLICABLE (PAVEMENTS, CURBS,SIDEWALKS). PROVIDE SMOOTH TRANSITIONS ATMATCH-IN POINTS.5. NO WORK SHALL BE PERFORMED WITHIN THE CITY OFMENDOTA HEIGHTS RIGHT OF WAY WITHOUT COPIESOF THE APPROVED CITY PERMITS ON SITE.CONTRACTOR SHALL PERFORM WORK WITHIN THE R/WIN CONFORMANCE WITH ALL PERMIT REQUIREMENTS.6. THE CONTRACTOR IS RESPONSIBLE FOR MAINTAININGALL HORIZONTAL AND VERTICAL CONTROLS.7. CONTRACTOR SHALL VERIFY ALL DIMENSIONS ANDELEVATIONS PRIOR TO CONSTRUCTION.8. THE CONTRACTOR SHALL OBTAIN ALL NECESSARYCONSTRUCTION PERMITS REQUIRED TO PERFORM ALLTHE WORK. THE CONTRACTOR SHALL POST ALLBONDS, PAY ALL FEES, PROVIDE PROOF OFINSURANCE, AND PROVIDE ANY NECESSARY TRAFFICCONTROL FOR THE WORK.9. PROTECT EXISTING UTILITIES UNLESS OTHERWISENOTED.10. SUBSTITUTIONS FROM INFO. SHOWN HEREON SHALLBE REVIEWED AND APPROVED BY THE ENGINEER OFRECORD.11. VERIFY BUILDING DIMENSIONS WITH ARCHITECTURALAND FOUNDATION PLAN.12. OWNER/CONTRACTOR TO HOLD PRECONSTRUCTIONMEETING PRIOR TO CONSTRUCTION.6INSTALL LANDING ON IN SIDEWALK7ADA PARKING STALL AND ACCESS AISLE54591214PROPOSED RETAINING WALLW/ GUARD RAIL(DESIGN BY OTHERS)PROPOSED RETAINING WALLW/ GUARD RAIL(DESIGN BY OTHERS)111122222222223344555522585568 EXISTINGAPARTMENTBUILDING852853852851853PROPOSED 4-STORYAPARTMENT BUILDINGFFE = 853.00 (1ST FLOOR)FFE = 842.00 (LOWER LEVEL)848 845 844846845851852851SOUTH PLAZA WAY852850849848847846 843843845 845850850EXISTING POND852853 851849848847846846847848849847846.63+2.8%2.0%848.344.5%2.0%+FL 852.16FL 851.57FL 851.05FL 851.27FL 852.60FL 851.47FL 850.30FL 850.24FL 849.64FL 849.27FL 849.86FL 849.91FL 845.07FL 843.81FL 843.46FL 843.34FL 843.59FL 842.80FL 841.98FL 841.83FL 841.90FL 841.60FL 841.26FL 840.96FL 842.23FL 842.50FL 842.70FL 842.74FL 842.76FL 842.40FL 844.24FL 844.73FL 845.28FL 845.11FL 844.62FL 844.67FL 845.21FL 849.17FL 849.53FL 841.90ME 845.47±ME 845.05±ME 846.06±FL 852.12FL 852.12FL 852.29FL 852.29FL 852.36RIM 849.77FL 851.00RIM 849.21853.00ME 851.42±ME 851.27±851.43851.49852.89852.89852.63852.62852.09851.99852.18852.78852.88852.78FL 851.69RIM 842.50RIM 840.90FL 850.50FL 850.20FL 850.07FL 849.18TW 851.53850.75TW 850.25BW 843.76BW 848.02TW 850.83TW 850.88BW 844.35BW 844.39ME 848.24±FL 849.63ME 850.93±ME 853.53±ME 853.07±849.46849.36850.61850.61850.51850.518508508518528498.0%2.0%2.0%849.46849.36849.54849.27N0 20' 40'LEGENDLEGENDLEGENDPROPERTY LIMITSEXISTING CONTOURPROPOSED CONTOUREXISTING SPOT ELEVATIONDRAINAGE ARROWROCK CONSTRUCTION ENTRANCESPOT ELEVATIONFLOW LINE OF CURB966966800.1FL =INSET "A"SEE INSET "A"GENERAL NOTES1. ALL DISTURBED AREAS TO BE SEEDED OR SODDED PERLANDSCAPE PLAN.2. PROPOSED CONTOURS AND SPOT ELEVATIONS ARE TOFINISHED GRADE.3. NO GRADED SLOPES SHALL EXCEED 3:1 (HOR:VER)UNLESS OTHERWISE NOTED.4. FINISHED PAVEMENT SHALL BE FLUSH WITH EXISTINGADJACENT PAVEMENT.5. SEE ARCH. PLANS FOR BUILDING CONSTRUCTION.13605 1st Avenue N. #100Plymouth, MN 55441 |ae-mn.comP 763.412.4000 | F 763.412.4090Anderson Engineering of Minnesota, LLCMENDOTA HEIGHTSAPARTMENTSMENDOTA HEIGHTS, MNwww.collagearch.comPRINT NAME:SIGNATURE:I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATEOF MINNESOTA.DATE:LICENSE NO.LEE KOPPY4126702/04/2022REVISION LOGDESCRIPTION OF REVISIONSNO. DATECHECKED BY:DRAWN:DESIGNED:DRAWING TITLEDRAWING NO.PLOTTED:COMM. NO.02/28/202216460CITY COMMENTS18/10/2021CITY COMMENTS210/13/2021FOOTINGS AND FOUNDATIONS302/04/2022Collage | ArchitectsArchitectsPete Keely651.472.0050708 15th Avenue NEMinneapolis, MN 55413FOOTINGS AND FOUNDATIONSPERMIT APPLICATIONPARCEL 2GRADING PLANC3 SOUTH PLAZA WAYSTATE HIGHWAY 110 / 62PROPOSED 4-STORYAPARTMENT BUILDINGFFE = 855.50 (FIRST FLOOR)FFE = 844.50 (LOWER LEVEL)EXISTINGPONDEXISTINGAPARTMENTBUILDING13605 1st Avenue N. #100Plymouth, MN 55441 | ae-mn.comP 763.412.4000 | F 763.412.4090Anderson Engineering of Minnesota, LLCPRINT NAME:SIGNATURE:I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATEOF MINNESOTA.DATE:LICENSE NO.LEE KOPPY, PE4126701/24/2022REVISIONS:SHEET TITLEPROJECT NO:www.collagearch.comDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 55413JANUARY 25, 202216460LAND USEAPPLICATIONMendota Heights, MNNo. Date Description 3 1/24/2022 UPDATE 1 8/10/2021 CITY COMMENTS 2 10/13/2021 CITY COMMENTSN0 30' 60'LEGENDLEGENDLEGENDLEGENDPROPERTY LIMITSEXISTING WATERMAINEXISTING SANITARY SEWEREXISTING STORM SEWERPROPOSED WATERMAINPROPOSED SANITARY SEWERPROPOSED STORM SEWERPROPOSED WATERMAINFITTINGPROPOSED SANITARY MANHOLEPROPOSED STORM INLETSPROPOSEDRETAINING WALLEXISTING UNDERGROUND STORMWATERINFILTRATION CHAMBER54" PIPES, INV. = 834.50EXISTING UNDERGROUNDSTORMWATER RATECONTROL CHAMBER 96" PIPES, INV = 832.20PROPOSED STMH - 11RIM = 852.50INV. = 847.90 (NW/SE)EX. STMH - 8EX. RIM = 848.1NEW RIM = 851.0NEW INV. = 847.00 (NE)NEW INV. = 845.55 (SW)EX. INV. = 842.6 (SE)C4PARCEL 2UTILITY PLAN10 LF-12" HDPE @1.00%PROPOSED 49 LF-12" HDPE @1.84%EX. 41 LF-15" HDPE @ 1.0%EX. STMH - 7RIM = 848.90INV. = 842.2 (NW)INV. = 835.7 (SW)EX. 64 LF-15" HDPE @ 1.1%EX. CBMH - 6RIM = 847.8INV. = 837.2 (NW)INV. = 835.0 (NE)INV. = 834.5 (SE)EX. 53 LF-36" HDPE @ 3.5%EX. STMH - 5EX. RIM = 846.4NEW RIM = 849.80INV. = 835.3 (SE)INV. = 834.2 (W)EX. CBMH - 2RIM = 845.6EX. INV. = 839.7 (SW)EX. INV. = 839.3 (W)EX. INV. = 834.5 (SE)NEW INV. = 837.97 (NW)PROPOSED 101 LF-15" HDPE @ 1.03%EX. 15" FES-1INV. = 829.7PROPOSED CBMH - 4RIM = 841.35 INV. = 839.35PROPOSED 38 LF-12" HDPE @ 0.90%PROPOSED 46 LF-15" HDPE @ 2.39%PROPOSED CBMH - 9RIM = 849.94INV. = 846.65 (W/NE)104 LF-15" HDPE @ 1.34%PROPOSED CBMH - 10RIM = 850.29INV. = 848.0441 LF-6" PVC @ 1.00%PROPOSED SAN MH - 1RIM = 853.50INV. = 839.09EX. SANITARY SEWERLIFT STATIONRIM = 847.95EX. INV. = 841.9 (NW)NEW INV. = 837.89REMOVE 6" DIP PLUG & CONNECTTO EX. 6" DIP WATER MAINPOST INDICATOR VALVEFIRE DEPARTMENTCONNECTION (FDC)RELOCATE EXISTING HYDRANTPROPOSED HYDRANTPROPOSED CBMH - 3RIM = 842.50INV. = 839.01 (N) INV. = 839.01 (SE) SOUTH PLAZA WAYSTATE HIGHWAY 110 / 62EXISTINGAPARTMENTBUILDINGPROPOSED 4-STORYAPARTMENT BUILDINGFFE = 853.00 (1ST FLOOR)FFE = 842.00 (LOWER LEVEL)SOUTH PLAZA WAYEXISTING POND13605 1st Avenue N. #100Plymouth, MN 55441 | ae-mn.comP 763.412.4000 | F 763.412.4090Anderson Engineering of Minnesota, LLCPRINT NAME:SIGNATURE:I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATEOF MINNESOTA.DATE:LICENSE NO.LEE KOPPY, PE4126701/24/2022REVISIONS:SHEET TITLEPROJECT NO:www.collagearch.comDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 55413JANUARY 25, 202216460LAND USEAPPLICATIONMendota Heights, MNNo. Date Description 3 1/24/2022 UPDATE 1 8/10/2021 CITY COMMENTS 2 10/13/2021 CITY COMMENTSN0 30' 60'LEGENDLEGENDLEGENDPROPERTY LIMITSCONSTRUCTION LIMITSEXISTING MINOR CONTOUREXISTING MAJOR CONTOURPROPOSED MINOR CONTOURPROPOSED MAJOR CONTOUREXISTING SPOT ELEVATIONSOIL BORING LOCATIONDRAINAGE ARROWPROPOSED RETAINING WALLPROPOSED CONCRETE C>IP OUT CURBSILT FENCEINLET SEDIMENT PROTECTIONROCK CONSTRUCTION ENTRANCEEROSION CONTROL BLANKET966965966965---------PARCEL 2EROSIONCONTROLC51. GRADING CONTRACTOR SHALL VERIFY LOCATIONS AND ELEVATIONS OF ALL UNDERGROUND UTILITIES WITH THERESPECTIVE UTILITY COMPANIES PRIOR TO CONSTRUCTION2. ALL EROSION CONTROL MEASURES CALLED FOR ON THESE PLANS AND SPECIFICATIONS, WHICH MAY INCLUDESILT FENCE, SEDIMENTATION BASINS OR TEMPORARY SEDIMENT TRAPS, SHALL BE CONSTRUCTED ANDSERVICEABLE IN THE FOLLOWING ORDER:A. ROCK CONSTRUCTION ENTRANCES.B. SILT FENCE.C. COMMON EXCAVATION AND EMBANKMENT (GRADING )D. SEED AND MULCH OR SOD.E. BIO-ROLL BARRIERS IN FINISHED GRADED AREAS.F. INLET AND OUTLET FACILITIES SUBSEQUENT TO STORM SEWER WORK.GRADING CONTRACTOR SHALL PROVIDE AND MAINTAIN ALL EROSION CONTROL MEASURES AS MAY BE SHOWNON THESE PLANS OR SPECIFICATIONS. GRADING CONTRACTOR SHALL IMPLEMENT ANY ADDITIONAL EROSIONCONTROL MEASURES AS MAY BE REQUIRED TO PROTECT ADJACENT PROPERTY.3. ALL EROSION CONTROL FACILITIES SHALL BE MAINTAINED BY THE CONTRACTOR DURING GRADING OPERATIONS.ANY TEMPORARY FACILITIES WHICH ARE TO BE REMOVED AS CALLED FOR ON THESE PLANS ANDSPECIFICATIONS SHALL BE REMOVED BY THE GRADING CONTRACTOR WHEN DIRECTED BY THE ENGINEER. THEGRADING CONTRACTOR SHALL THEN RESTORE THE SUBSEQUENTLY DISTURBED AREA IN ACCORDANCE WITHTHESE PLANS AND SPECIFICATIONS.4. THE GRADING CONTRACTOR SHALL SCHEDULE THE SOILS ENGINEER SO THAT CERTIFICATION OF ALLCONTROLLED FILLS WILL BE FURNISHED TO THE OWNER DURING CONSTRUCTION AND UPON COMPLETION OFTHE PROJECT.5. ALL DISTURBED AREAS, EXCEPT AREAS TO BE PAVED AND/OR SPECIFICALLY DESIGNED BY A LANDSCAPE PLAN,SHALL BE COVERED WITH A MINIMUM 6" OF TOP SOIL. ALL DISTURBED AREAS SHALL BE SEEDED & MULCHED ATTHE PRESCRIBED RATES WITHIN 72 HOURS OF FINAL GRADING UNLESS OTHERWISE NOTED.6. ALL EXPOSED SOIL AREAS WITH A CONTINUOUS POSITIVE SLOPE WITHIN 200 LINEAL FEET OF ANY SURFACEWATER, MUST HAVE TEMPORARY EROSION PROTECTION OR PERMANENT COVER FOR THE EXPOSED SOILAREAS YEAR ROUND, ACCORDING TO THE FOLLOWING TABLE OF SLOPES AND TIME FRAMES.7. IT IS REQUIRED THAT SOILS TRACKED FROM THE SITE BY MOTOR VEHICLES BE CLEANED DAILY FROM PAVEDROADWAY SURFACES THROUGHOUT THE DURATION OF CONSTRUCTION.8. ALL REQUIREMENTS OF THE LOCAL WATERSHED DISTRICT SHALL BE SATISFIED PER THE APPROVED PERMIT.9. ALL EROSION & SEDIMENT CONTROL MEASURES SHOWN ON THIS PLAN AND IMPLEMENTED IN THE FIELD ASDIRECTED BY THE ENGINEER SHALL CONFORM TO THE MPCA'S "PROTECTING WATER QUALITY IN URBAN AREAS:BEST MANAGEMENT PRACTICES FOR MINNESOTA".10. ALL SOLID WASTE/ CONSTRUCTION DEBRIS SHALL BE DISPOSED OF IN ACCORDANCE WITH MPCAREQUIREMENTS. HAZARDOUS MATERIALS SHALL BE STORED/ DISPOSED OF IN COMPLIANCE WITH MPCAREGULATIONS11. INLET SEDIMENTATION CONTROL IS TO BE PROVIDED TO ALL STORM SEWER CATCH BASINS THROUGHOUTCONSTRUCTION. MEASURES APPLIED SHALL COMPLY WITH BEST MANAGEMENT PRACTICES FOR MINNESOTAAND APPLICATIONS OF NPDES PHASE II AS APPROPRIATE FOR PHASE OF CONSTRUCTION.12. CONTRACTOR SHALL PREVENT SOIL LOSS DURING CONSTRUCTION DUE TO WIND EROSION. DUST SHALL BESUPPRESSED THROUGH THE APPLICATION OF WATER AS DEEMED NECESSARY BY THE CONTRACTOR, ORTHROUGH EQUIVALENT BMP'S AS APPROVED BY THE ENGINEER.SEED MIX: MNDOT NO. 25-131 220#/ACREMULCH: TYPE 1 2 TONS/ACRE (DISK ANCHORED)FERTILIZER: 150#/ACRE RATE OF APPLICATION 20-10-10TYPE OF SLOPE STEEPERTHAN 3:110:1 TO 3:1FLATTER THAN 10:1TIME7 DAYS14 DAYS14 DAYS (Maximum time an area can remain open when the area is not actively being worked)GENERAL NOTESSTORMWATER POLLUTION PREVENTION PLAN NOTES1. ALL DISTURBED AREAS TO BE SEEDED OR SODDED PERLANDSCAPE PLAN.2. PROPOSED CONTOURS AND SPOT ELEVATIONS ARE TOFINISHED GRADE.3. NO GRADED SLOPES SHALL EXCEED 3:1 (HOR:VER)UNLESS OTHERWISE NOTED.4. FINISHED PAVEMENT SHALL BE FLUSH WITH EXISTINGADJACENT PAVEMENT.5. SEE ARCH. PLANS FOR BUILDING CONSTRUCTION.C5XXXLAND USEAPPLICATIONPARCEL 2EROSION CONTROL16460MENDOTA HEIGHTSAPARTMENTS 13605 1st Avenue N. #100Plymouth, MN 55441 | ae-mn.comP 763.412.4000 | F 763.412.4090Anderson Engineering of Minnesota, LLCPRINT NAME:SIGNATURE:I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATEOF MINNESOTA.DATE:LICENSE NO.LEE KOPPY, PE4126701/24/2022REVISIONS:SHEET TITLEPROJECT NO:www.collagearch.comDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 55413JANUARY 25, 202216460LAND USEAPPLICATIONMendota Heights, MNNo. Date Description 3 1/24/2022 UPDATE 1 8/10/2021 CITY COMMENTS 2 10/13/2021 CITY COMMENTSPARCEL 2 SITEDETAILS 1-------------SECTIONPLANSEE C3 STORM SCHEDULECASTINGPRECAST INVERT MUST BE 1/2 DIAMETER OFPIPE AND BENCHES SHOULD BE SLOPED 2"TOWARD INVERT. MATCH 0.8THS POINT OFMAIN LINE SEWER AND LATERIAL BRANCH.MANHOLE STEPS SHALL BE PLACEDSO THAT OFFSET VERTICAL PORTIONOF CONE IS FACING DOWNSTREAM.NEENAH FRAME AND COVER OREQUAL LETTERED "SANITARYSEWER" OR "STORM SEWER" WITH 2CONCEALED PICK HOLESCONCRETE ADJUSTMENT RINGS WITHFULL BED OF MORTAR BETWEEN EACH.TOTAL ADJUSTMENT MIN. 4" MAX. 14"PRECAST ECCENTRIC CONE SECTIONMANHOLE STEPS, NEENAH R1981NOR EQUAL, 16" ON CENTER.COPOLYER POLYPROPYLENEPLASTIC (PSI-PF) AND ALUMINUMSTEPS APPROVED.ALL JOINTS IN PRECAST MANHOLESECTIONS TO HAVE "O" RING RUBBERGASKETS.PRECAST MANHOLE SECTIONSPIPE SHALL BE CUT OUT FLUSHWITH INSIDE FACE OF WALL.NOTE: KOR-N-SEAL MANHOLE OR EQUALCONSIDERED ACCEPTABLE ALTERNATE.ALL DOG HOUSES SHALL BE GROUTEDON BOTH INSIDE AND OUTSIDE.MINIMUM THICKNESS OF PRECASTBASE IS 6" FOR 14' DEEP OR LESS, ANDINCREASES 1" IN THICKNESS FOREVERY 4' OF DEPTH GREATER THAN 14'.5"4'-0"4'-0"VARIES12"-16"VARIES"B""A"NOTE: DEPENDING UPON CONFIGURATION, ATTACH FABRIC TOWIRE MESH WITH HOG RINGS, STEEL POSTS WITH TIE WIRES, ORWOOD POSTS WITH STAPLES.DIRECTION OFRUNOFF FLOW2' MINENGINEERING FABRICFABRIC ANCHORAGE TRENCHBACKFILL WITH TAMPEDNATURAL SOILMETAL OR WOODPOST OR STAKEWIRE MESHREINFORCEMENT(OPTIONAL)TYPICAL INSTALLATIONNATURAL SOIL6" MIN.6" MIN.NOTE: DEPENDING UPON CONFIGURATION,ATTACH FABRIC TO WIRE MESH WITH HOGRINGS, STEEL POSTS WITH TIE WIRES, ORWOOD POSTS WITH STAPLES.PLAN VIEWCB / INLETTYPICAL INSTALLATIONSTORM INLETRING SILT FENCEGEOTEXTILE FABRIC(SILT FENCE)FABRIC ANCHORAGETRENCH BACKFILLWITH TAMPEDNATURAL SOILWIRE MESHREINFORCEMENTMETAL OR WOODPOST OR STAKE1' MINIMUM6 INCH MINIMUM6 INCH MINIMUM2'MIN50' MINIMUMAS REQUIRED6" MINIMUM1"-2" WASHED ROCK12"DIA+12" MIN.DIA/4 BUT NOTLESS THAN 6""DIA" DENOTES OUTSIDEDIAMETER OF PIPEHAND SHAPED FROMANGULAR BEDDING MATERIALCOMPACTED BACKFILLCOARSE FILTER AGGREGATEMnDOT SPEC. 3149H MOD.LOAD FACTOR 1.9CLASS BDIA.6"COMPACTED BACKFILL"DIA." DENOTES OUTSIDEDIAMETER OF PIPEDIA.DIA+12" MIN.0.5 DIAHAND SHAPED FROM FIRMUNDISTURBED SOILLOAD FACTOR 1.5CLASS C-1"DIA." DENOTES OUTSIDEDIAMETER OF PIPECOMPACTED BACKFILLDIA.DIA+12" MIN.LOAD FACTOR 1.5CLASS C-2COARSE FILTER AGGREGATEMnDOT SPEC. 3149H MOD.HAND SHAPED FROMANGULAR BEDDING MATERIALDIA/4 BUT NOTLESS THAN 6"6"0.5 DIA0.5 DIA12"6"GRANULAR BORROW MnDOT SPEC 3149A MOD.COMPACTEDBACKFILLDIA+12" MIN.COMPACTED BACKFILL12"COARSE FILTER AGGR.MnDOT SPEC. 3149H MOD.DIA+12" MIN.IMPROVED PIPEFOUNDATIONPIPE FOUNDATION IMPROVEMENT MATERIAL(3149H MOD.) CONSIDERED INCIDENTAL WITHCOST OF PIPE AND GRANULAR BORROWMATERIAL (3149A MOD.) IN THIS AREAMENDOTA HEIGHTSAPARTMENTSLAND USEAPPLICATIONPARCEL 2DETAILS 1C616460 13605 1st Avenue N. #100Plymouth, MN 55441 | ae-mn.comP 763.412.4000 | F 763.412.4090Anderson Engineering of Minnesota, LLCPRINT NAME:SIGNATURE:I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATEOF MINNESOTA.DATE:LICENSE NO.LEE KOPPY, PE4126701/24/2022REVISIONS:SHEET TITLEPROJECT NO:www.collagearch.comDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 55413JANUARY 25, 202216460LAND USEAPPLICATIONMendota Heights, MNNo. Date Description 3 1/24/2022 UPDATE 1 8/10/2021 CITY COMMENTS 2 10/13/2021 CITY COMMENTSPARCEL 2 SITEDETAILS 2-------------R=28"R=12"R=68"SLOPE 1/4" PER FT.SURMOUNTABLEB612B6181 31 3AT ALL TRENCHES 2#4 REINFORCING RODSSHALL BE PLACED IN THE LOWER PORTION OFTHE CURB 20 FEET IN LENGTH.2#4 REINFORCING RODS AT CATCH BASINS NOLESS THEN 10 FEET IN LENGTH.NOTE:CONTROL JOINTS SHALL CONFORM WITHMNDOT SPEC. 2531.3C.NOTE:B618 CURB TO BE USED AT RADIUS.SLOPE 3/4"PER FT.SLOPE 3/4"PER FT.1/2" RAD.6"3" RAD.1/2" RAD.13.5"6"2"2"2"7"8"12"1/2" RAD.6"3" RAD.13.5"6"7"1/2" RAD.2"2"2"8"18"10.5"4"6.5"17.5"10.5"28"3/4"7"3' RES.5' COM.VARIABLE3' RES.5' COM.B618EXPANSION JOINT(BOTH SIDES)ZZZZCONTROL JOINTEXPANSION JOINTPROVIDE EXPANSION JOINTS ATBUILDING AND CONCRETE STOOPINTERFACE, AS WELL AS EVERY 24 FEETOF CONTINUOUS SIDEWALK AND ATSIDEWALK INTERSECTIONS.PROVIDE CONTROL JOINTS PER MANUFACTURERRECOMMENDATIONS.1/8" R (TYP)D/41/8"3/8"JOINT SEALERCONFORMING TOASTM D 1850PREMOULDED EXPANSION JOINTFILLER CONFORMING TO ASTMD1751 OR D1752NOTE: JOINTS CAN BE SAW CUT.24" #4 DOWEL, FIXEDONE SIDE, SLIPOTHERAPPROVED SUBGRADESAWCUT PAVEMENT FULL DEPTHAGGREGATE SUBBASEWOVEN GEOTEXTILE FABRIC FOR SUBGRADE STABILIZATIONFLUSH W/ADJACENT PAVEMENTNOTES:1. EXTEND 6" AGGREGATE BASE 1' MINIMUM PAST CONCRETE EDGE IF CONCRETE IS NOTABUTTING EXISTING PAVEMENT OR STRUCTURES.2. CONCRETE JOINTS PER MANUFACTURER RECOMMENDATIONS.3. VERIFY CONCRETE AND BASE COURSE WITH GEOTECHNICAL REPORT ANDRECOMMENDATIONS.EXISTING SUBGRADEEX. PAVEMENTAPPROVED SUBGRADESAWCUT PAVEMENT FULL DEPTHAGGREGATE SUBBASEASPHALT BINDERASPHALT TACK COATFLUSH W/ADJACENT PAVEMENTBITUMINOUS WEAR COURSEBITUMINOUS BASE COURSEEX. PAVEMENTEXISTING SUBGRADENOTES:1. VERIFY ASPHALT AND BASE COURSE WITH GEOTECHNICAL REPORTAND RECOMMENDATIONS.TIP OUT GUTTERWHERE PAVEMENTSLOPES AWAYPAVEMENT SECTIONNOT TO SCALENOTE: VERIFY PAVEMENT SECTION DESIGN AND SUBGRADEREQUIREMENTS WITH GEOTECHNICAL REPORT ANDRECOMMENDATIONS PRIOR TO CONSTRUCTION.B612 CONCRETE CURB& GUTTER6"MIN.3" MIN.BITUMINOUS WEARTACK COATBITUMINOUS BASE COURSECLASS 5 AGGREGATE BASESELECTGRANULAR BORROWAPPROVED SUBGRADECONCRETE PAVEMENTNOTES:1. 0' CURB HEIGHT.2. FULL CURB HEIGHT3. 3' FOR 6" HIGH CURB AT NONWALKABLE SURFACES ADJACENTTO RAMP4. 4'X4' MINIMUM5. 6' FOR 6" HIGH CURB AT WALKABLESURFACES ADJACENT TO RAMP.4558.33%MAXMENDOTA HEIGHTSAPARTMENTSLAND USEAPPLICATIONPARCEL 2DETAILS 2C716460 SOUTH PLAZA WAYEXISTINGAPARTMENTBUILDINGGROUND COVERSCODEQTYCOMMON / BOTANICAL NAMECONTSPACINGPc 8,818 SF CENTRAL MINNESOTA MIXED HEIGHT DRY WILDFLOWER HYDROMULCH WITH SEED12 PLS OZS. / 10,000 SQ. FTPRI CENTRAL MINNESOTA DRY WILDFLOWERBROADCAST COVERCROP 'CENTRAL MINNESOTA PRI MIXHEIGHT DRY GRASS MIX' AT 3.5 PLS LBS. / 10,000 SQ. \ FT.Tb 16,485 SF KENTUCKY BLUEGRASSSODTURF SOD BLUEGRASSLEGENDPROPERTY LIMITSADJACENT PROPERTYCONSTRUCTION LIMITSMATCH LINEBUILDING SETBACKSPARKING SETBACK3" DEEP, SHREDDEDHARDWOOD MULCHLANDSCAPE POLY-EDGERGARAGEENTRANCEPROPOSEDRETAINING WALLW/ GUARD RAILN0 20' 40'SCALE:1PARCEL 2 OVERALL PLANTING PLAN 1" = 20' (22" x 34" PAPER SIZE)121. ALL PLANTINGS SHALL RECEIVE IRRIGATION(SEE L3 FOR IRRIGATION NOTES)2. REFER TO PLAN SHEET L3 FOR SODDING, SEEDING, FERTILIZERAND TOPSOIL NOTES3. ALL LANDSCAPING DISTURBED BEYOND THE NEW PLANTINGSSHALL BE REPLACED IN KIND.4. FINAL PLANTING PLAN WILL BE DESIGNED TO COMPLY WITHCITY"S POLLINATORS AND NATIVE PLANTINGS REQUIREMENTS5. SOURCE PLANTS THAT HAVE NOT BEEN TREATED WITHNEONICOTINOID PESTICIDES.NOTESCITY CODE: REQUIRED PLANTINGZONE: HR-PUDHIGH DENSITY RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT.§12-1E-8: R-3 HIGH DENSITY RESIDENTIAL DISTRICT:xSCREENING:xxSCREENING OF MECHANICAL UTILITIESxxSCREENING OF VEHICLE LIGHTSxMINIMUM AREA AND PLANT MATERIAL REQUIRED:xxAT LEAST TWENTY FIVE PERCENT (25%) OF THE LAND AREA SHALL BE LANDSCAPEDWITH GRASS, APPROVED GROUND COVER, SHRUBBERY AND TREES.xxAT LEAST FIVE PERCENT (5%) OF THE LAND AREA WITHIN A PARKING AREA SHALL BELANDSCAPEDxx ALL SITE AREAS NOT COVERED BY BUILDINGS, SIDEWALKS, PARKING LOTS,DRIVEWAYS, PATIOS OR SIMILAR HARD SURFACE MATERIALS SHALL BE SODDED,EXCEPT THOSE AREAS TO BE PRESERVED IN A NATURAL STATE; PROVIDED, HOWEVER,THAT AREAS RESERVED FOR FUTURE BUILDING EXPANSIONS MAY BE SEEDED.xxNOT MORE THAN FIFTY PERCENT (50%) OF THE REQUIRED NUMBER OF TREES SHALLBE COMPOSED OF ONE SPECIESxIRRIGATION:xxAN UNDERGROUND SPRINKLER SYSTEM SHALL BE PROVIDED AS PART OF EACH NEWDEVELOPMENT EXCEPT ADDITIONS TO EXISTING STRUCTURES WHICH DO NOT ATLEAST EQUAL THE FLOOR AREA OF THE EXISTING STRUCTURE. A SPRINKLER SYSTEMSHALL BE PROVIDED FOR ALL LANDSCAPED AREAS EXCEPT AREAS TO BE PRESERVEDIN THE NATURAL STATE.EXISTINGPONDEXISTINGMONUMENTSIGNEXISTING SHEET PILERETAINING WALLW/ GUARD RAILPARCEL 2 OVERALLPLANTING PLANL1SEE PLAN SHEET L1.2SEE PLAN SHEET L1.1SEE PLAN SHEET L1.3EXISTING TREES TOREMAIN13605 1st Avenue N. #100Plymouth, MN 55441 | ae-mn.comP 763.412.4000 | F 763.412.4090Anderson Engineering of Minnesota, LLCJEFFREY W. DEITNER, PLA51899PRINT NAME:SIGNATURE:I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL LANDSCAPE ARCHITECT UNDER THE LAWSOF THE STATE OF MINNESOTA.DATE:LICENSE NO.01/24/2022REVISIONS:SHEET TITLEPROJECT NO:www.collagearch.comDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 55413MENDOTA HEIGHTSAPARTMENTSJANUARY 24, 202216460LAND USEAPPLICATIONMendota Heights, MNNo. Date Description 3 1/24/2022 UPDATE 1 8/10/2021 CITY COMMENTS 2 10/13/2021 CITY COMMENTSJANUARY 24, 2022 852853852851845845846888468468468464666648848484848488888Ms310JsHg8Hl47Hg2323Iv52IrIr4Tt5CE3Tt72Ag42Sh23222322Vx5Vx5Sa6Sa65Js8Ck2AT2Pl3Ep3Pl2AT2Pl3AT7Sb4Ep3Af2AT2Sh4Sb15Vx11Sa19Ck2Dl21Qb122TREESCODEAgCeJsMsQbSHRUBSCODEDlHlIvIrPlTtQTY21456712COMMON / BOTANICAL NAMECONTSIZEDWARF BUSH HONEYSUCKLE CONT. 5 GAL.DIERVILLA LONICERALITTLE QUICK FIRE PANICLE HYDRANGEA CONT. 5 GAL.HYDRANGEA PANICULATA 'LITTLE QUICK FIRE'JIM DANDY WINTERBERRY CONT. 5 GAL.ILEX VERTICILLATA 'JIM DANDY'RED SPRITE WINTERBERRYCONT. 5 GAL.ILEX VERTICILLATA 'RED SPRITE'LITTLE SPIRE RUSSIAN SAGECONT. 1 GAL.PEROVSKIA ATRIPLICIFOLIA 'LITTLE SPIRE'TECHNY ARBORVITAEB&B 4` HT.THUJA OCCIDENTALIS 'TECHNY'QTY231931COMMON / BOTANICAL NAMECONTCALAUTUMN BRILLIANCE APPLE SERVICEBERRY B&B 2" CAL.AMELANCHIER X GRANDIFLORA 'AUTUMN BRILLIANCE'EASTERN REDBUD MULTI-TRUNK B&B 1 - 1/2" CAL.CERCIS CANADENSISSKYROCKET JUNIPER B&B 4` HT.JUNIPERUS SCOPULORUM 'SKYROCKET'SPRING SNOW CRABAPPLE B&B 2" CAL.MALUS X 'SPRING SNOW'SWAMP WHITE OAK B&B 2 - 1/2" CAL.QUERCUS BICOLORCOMMON / BOTANICAL NAMECONTSIZEBLUE FORTUNE ANISE HYSSOP CONT. 1 GAL.AGASTACHE X 'BLUE FORTUNE'BUTTERFLY MILKWEEDCONT. 1 GAL.ASCLEPIAS TUBEROSAKARL FOERSTER FEATHER REED GRASSCONT. 1 GAL.CALAMAGROSTIS X ACUTIFLORA 'KARL FOERSTER'CONEFLOWERCONT. 1 GAL.ECHINACEA PURPUREAGUACAMOLE HOSTACONT. 1 GAL.HOSTA X 'GUACAMOLE'BLUE HEAVEN LITTLE BLUESTEMCONT. 1 GAL.SCHIZACHYRIUM SCOPARIUM 'BLUE HEAVEN'AUTUMN FIRE SEDUMCONT. 1 GAL.SEDUM X 'AUTUMN FIRE'PRAIRIE DROPSEEDCONT. 1 GAL.SPOROBOLUS HETEROLEPISBLUE SKYWALKER SPIKE SPEEDWELLCONT. 1 GAL.VERONICA SPICATA 'BLUE SKYWALKER'QTY392771511234425PERENNIALSCODEAfATCkEpHgSbSaShVxSCALE:1PARCEL 2 NORTH EAST PLANTING PLAN 1" = 10' (22" x 34" PAPER SIZE)PARCEL 2 NEPLANTING PLANL1.1N0 10' 20'SEE PLAN SHEET L1.2SEE PLAN SHEET L1.3LEGENDPROPERTY LIMITSADJACENT PROPERTYCONSTRUCTION LIMITSMATCH LINEBUILDING SETBACKSPARKING SETBACK3" DEEP, SHREDDEDHARDWOOD MULCHLANDSCAPE POLY-EDGER12EXISTING TREE TOREMAIN (TYP.)13605 1st Avenue N. #100Plymouth, MN 55441 | ae-mn.comP 763.412.4000 | F 763.412.4090Anderson Engineering of Minnesota, LLCJEFFREY W. DEITNER, PLA51899PRINT NAME:SIGNATURE:I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL LANDSCAPE ARCHITECT UNDER THE LAWSOF THE STATE OF MINNESOTA.DATE:LICENSE NO.01/24/2022REVISIONS:SHEET TITLEPROJECT NO:www.collagearch.comDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 55413MENDOTA HEIGHTSAPARTMENTSJANUARY 24, 202216460LAND USEAPPLICATIONMendota Heights, MNNo. Date Description 3 1/24/2022 UPDATE 1 8/10/2021 CITY COMMENTS 2 10/13/2021 CITY COMMENTSNOT FOR CONSTRUCTION 2CEPa3BN2Qb210Hg7Hl2TtAT2Ep4Sh66Th6Ck8Vx9Ep8Vx11CkSh348Sb11Ep10Af4AT4Tt5Vs22232222222Js914VxCk20Js4Ep43AfSh2AT2Ck6Ms3Hg8232AgTREESCODEBnCeJsPaQbQTY221332COMMON / BOTANICAL NAMECONTCALRIVER BIRCH MULTI-TRUNK B&B 6` HT. 3-5 STEMSBETULA NIGRAEASTERN REDBUD MULTI-TRUNK B&B 1 - 1/2" CAL.CERCIS CANADENSISSKYROCKET JUNIPERB&B 4` HT.JUNIPERUS SCOPULORUM 'SKYROCKET'NORWAY SPRUCEB&B 6` HT.PICEA ABIESSWAMP WHITE OAK B&B 2 - 1/2" CAL.QUERCUS BICOLORCOMMON / BOTANICAL NAMECONTSIZEBLACK CHOKEBERRY CONT. 5 GAL.ARONIA MELANOCARPALITTLE QUICK FIRE PANICLE HYDRANGEA CONT. 5 GAL.HYDRANGEA PANICULATA 'LITTLE QUICK FIRE'HOLMSTRUP ARBORVITAE B&B 4` HT.THUJA OCCIDENTALIS 'HOLMSTRUP'TECHNY ARBORVITAEB&B 4` HT.THUJA OCCIDENTALIS 'TECHNY'CHICAGO LUSTRE ARROWWOOD VIBURNUMCONT. 5 GAL.VIBURNUM DENTATUM 'SYNNESTVEDT' TMQTY87665SHRUBSCODEAMHlThTtVsPERENNIALSCODEAfATCkEpHgSbShVxQTY13843281084129COMMON / BOTANICAL NAMECONTSIZEBLUE FORTUNE ANISE HYSSOP CONT. 1 GAL.AGASTACHE X 'BLUE FORTUNE'BUTTERFLY MILKWEED CONT. 1 GAL.ASCLEPIAS TUBEROSAKARL FOERSTER FEATHER REED GRASSCONT. 1 GAL.CALAMAGROSTIS X ACUTIFLORA 'KARL FOERSTER'CONEFLOWERCONT. 1 GAL.ECHINACEA PURPUREAGUACAMOLE HOSTACONT. 1 GAL.HOSTA X 'GUACAMOLE'BLUE HEAVEN LITTLE BLUESTEMCONT. 1 GAL.SCHIZACHYRIUM SCOPARIUM 'BLUE HEAVEN'PRAIRIE DROPSEEDCONT. 1 GAL.SPOROBOLUS HETEROLEPISBLUE SKYWALKER SPIKE SPEEDWELLCONT. 1 GAL.VERONICA SPICATA 'BLUE SKYWALKER'N0 10' 20'SCALE:1PARCEL 2 NW PLANTING PLAN 1" = 10' (22" x 34" PAPER SIZE)PARCEL 2 NWPLANTING PLANL1.2SEE PLAN SHEET L1.3SEE PLAN SHEET L1.1LEGENDPROPERTY LIMITSADJACENT PROPERTYCONSTRUCTION LIMITSMATCH LINEBUILDING SETBACKSPARKING SETBACK3" DEEP, SHREDDEDHARDWOOD MULCHLANDSCAPE POLY-EDGER1213605 1st Avenue N. #100Plymouth, MN 55441 | ae-mn.comP 763.412.4000 | F 763.412.4090Anderson Engineering of Minnesota, LLCJEFFREY W. DEITNER, PLA51899PRINT NAME:SIGNATURE:I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL LANDSCAPE ARCHITECT UNDER THE LAWSOF THE STATE OF MINNESOTA.DATE:LICENSE NO.01/24/2022REVISIONS:SHEET TITLEPROJECT NO:www.collagearch.comDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 55413MENDOTA HEIGHTSAPARTMENTSJANUARY 24, 202216460LAND USEAPPLICATIONMendota Heights, MNNo. Date Description 3 1/24/2022 UPDATE 1 8/10/2021 CITY COMMENTS 2 10/13/2021 CITY COMMENTS SOUTH PLAZA WAY4Tt5Vs22Dl17Sm2617Dl2Ag226Sb6AT9Ep27PsVm5Vm5Qb1Sh23AT3Ep7Sb3Af2Qb1Qb15Cb15EpVs46Vm12Ep4Vs4Cb3VmGc3CE25Tt3AT6Ep10ShVs119SbAT4Ep127AfSh1322AM6Dl17Dl40TREESCODEAgCeGcQbSHRUBSCODEAMCbDlSmTtVmVsPERENNIALSCODEAfATEpPsSbShQTY2233QTY6934265199QTY91661272846COMMON / BOTANICAL NAMECONTCALAUTUMN BRILLIANCE APPLE SERVICEBERRY B&B 2" CAL.AMELANCHIER X GRANDIFLORA 'AUTUMN BRILLIANCE'EASTERN REDBUD MULTI-TRUNK B&B 1 - 1/2" CAL.CERCIS CANADENSISTRUE NORTH KENTUCKY COFFEETREEB&B 2 - 1/2" CAL.GYMNOCLADUS DIOICA 'UMNSYNERGY' TMSWAMP WHITE OAKB&B 2 - 1/2" CAL.QUERCUS BICOLORCOMMON / BOTANICAL NAMECONTSIZEBLACK CHOKEBERRY CONT. 5 GAL.ARONIA MELANOCARPAFIREDANCE RED TWIG DOGWOOD CONT. 5 GAL.CORNUS SERICEA 'BAILADELINE' TMDWARF BUSH HONEYSUCKLE CONT. 5 GAL.DIERVILLA LONICERADWARF KOREAN LILAC CONT. 5 GAL.SYRINGA MEYERI 'PALIBIN'TECHNY ARBORVITAE B&B 4` HT.THUJA OCCIDENTALIS 'TECHNY'BLUE MUFFIN ARROWWOOD VIBURNUM CONT. 5 GAL.VIBURNUM DENTATUM 'BLUE MUFFIN'CHICAGO LUSTRE ARROWWOOD VIBURNUM CONT. 5 GAL.VIBURNUM DENTATUM 'SYNNESTVEDT' TMCOMMON / BOTANICAL NAMECONTSIZEBLUE FORTUNE ANISE HYSSOP CONT. 1 GAL.AGASTACHE X 'BLUE FORTUNE'BUTTERFLY MILKWEED CONT. 1 GAL.ASCLEPIAS TUBEROSACONEFLOWER CONT. 1 GAL.ECHINACEA PURPUREASHENANDOAH SWITCH GRASS CONT. 1 GAL.PANICUM VIRGATUM 'SHENANDOAH'BLUE HEAVEN LITTLE BLUESTEM CONT. 1 GAL.SCHIZACHYRIUM SCOPARIUM 'BLUE HEAVEN'PRAIRIE DROPSEED CONT. 1 GAL.SPOROBOLUS HETEROLEPISN010'20'SCALE:1PARCEL 2 SOUTH PLANTING PLAN 1" = 10' (22" x 34" PAPER SIZE)PARCEL 2 SOUTHPLANTING PLANL1.3LEGENDPROPERTY LIMITSADJACENT PROPERTYCONSTRUCTION LIMITSMATCH LINEBUILDING SETBACKSPARKING SETBACK3" DEEP, SHREDDEDHARDWOOD MULCHLANDSCAPE POLY-EDGER1213605 1st Avenue N. #100Plymouth, MN 55441 | ae-mn.comP 763.412.4000 | F 763.412.4090Anderson Engineering of Minnesota, LLCJEFFREY W. DEITNER, PLA51899PRINT NAME:SIGNATURE:I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL LANDSCAPE ARCHITECT UNDER THE LAWSOF THE STATE OF MINNESOTA.DATE:LICENSE NO.01/24/2022REVISIONS:SHEET TITLEPROJECT NO:www.collagearch.comDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 55413MENDOTA HEIGHTSAPARTMENTSJANUARY 24, 202216460LAND USEAPPLICATIONMendota Heights, MNNo. Date Description 3 1/24/2022 UPDATE 1 8/10/2021 CITY COMMENTS 2 10/13/2021 CITY COMMENTS 13605 1st Avenue N. #100Plymouth, MN 55441 | ae-mn.comP 763.412.4000 | F 763.412.4090Anderson Engineering of Minnesota, LLCJEFFREY W. DEITNER, PLA51899PRINT NAME:SIGNATURE:I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL LANDSCAPE ARCHITECT UNDER THE LAWSOF THE STATE OF MINNESOTA.DATE:LICENSE NO.01/24/2022REVISIONS:SHEET TITLEPROJECT NO:www.collagearch.comDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 55413JANUARY 25, 202216460LAND USEAPPLICATIONMendota Heights, MNNo. Date Description 3 1/24/2022 UPDATE 1 8/10/2021 CITY COMMENTS 2 10/13/2021 CITY COMMENTSPARCEL 2PLANTINGDETAILSL1.41. LANDSCAPE CONTRACTOR SHALL VISIT SITE PRIORTO SUBMITTING BID TO BECOME COMPLETELYFAMILIAR WITH SITE CONDITIONS.2. NO PLANTING WILL BE INSTALLED UNTIL ALLGRADING AND CONSTRUCTION HAS BEENCOMPLETED IN IMMEDIATE AREA.3. IT IS THE RESPONSIBILITY OF THE OWNER &CONTRACTOR TO IDENTIFY ALL UNDERGROUNDCABLES, CONDUITS, WIRES, ETC., ON THEPROPERTY.4. THE CONTRACTOR IS RESPONSIBLE FOR COMPLETEMAINTENANCE OF THE PLANT MATERIAL(WATERING, SPRAYING, FERTILIZING, MOWING,ETC.) UNTIL THE WORK HAS BEEN ACCEPTED, BYTHE OWNER.5. IF THERE IS A DISCREPANCY BETWEEN THENUMBER OF PLANTS SHOWN ON THE PLAN AND THENUMBER OF PLANTS SHOWN IN THE PLANTSCHEDULE, THE NUMBER OF PLANTS SHOWN ONTHE PLAN WILL TAKE PRECEDENCE.6. ALL CONTAINER MATERIAL TO BE GROWN INCONTAINER A MINIMUM OF 6 MONTHS.7. ALL MATERIAL SHALL COMPLY WITH THE LATESTEDITION OF THE AMERICAN STANDARD FORNURSERY STOCK, AMERICAN ASSOCIATION OFNURSERYMEN.8. REPAIR ALL DAMAGE TO PROPERTY FROMPLANTING OPERATIONS AT NO COST TO THEOWNER.9. GUARANTEE NEW PLANT MATERIAL THROUGH ONECALENDAR YEAR. DECIDUOUS TREES WILL BEGUARANTEED FOR TWO CALENDAR YEARS FROMTIME OF PROVISIONAL ACCEPTANCE.10. ALL PROPOSED PLANTS SHALL BE LOCATEDCAREFULLY AS SHOWN ON THE PLANS AND SHALLBE APPROVED BY OWNERS REPRESENTATIVEBEFORE THEY ARE INSTALLED.11. CONTRACTOR CAN SUBSTITUTE MACHINE MOVEDMATERIAL USING APPROPRIATE SIZE TREE SPADEFOR B & B WITH OWNERS REPRESENTATIVEAPPROVAL.12. LANDSCAPE CONTRACTOR SHALL ENSURE THATNEW TREES MOVED ONTO THE SITE ARE DUG FROMSIMILAR SITES WITH SIMILAR SOILS TO THE SOILSOF THIS PROJECT (HEAVY TO HEAVY, LIGHT TOLIGHT. HEAVY TO LIGHT SOILS).13. LANDSCAPE CONTRACTOR IS REQUIRED TOPROVIDE OWNER WITH MAINTENANCEINFORMATION DURING GUARANTEE PERIODRELATING TO WATERING, FEEDING, PRUNING, PESTCONTROL, AND RELATED ITEMS. THIS WILL BEPREPARED AND DELIVERED TO OWNER AFTERPROVISIONAL INSPECTION APPROVAL HAS BEENGIVEN BY OWNERS REPRESENTATIVE.14. BREATHABLE SYNTHETIC FABRIC TREE WRAP:WHITE IN COLOR, IN 3 INCH WIDE ROLLS. MATERIALSHALL BE SPECIFICALLY MANUFACTURED FORTREE WRAPPING. TREE WRAP SHALL BE SECUREDTO THE TRUNK USING BIO-DEGRADABLE TAPESUITABLE FOR NURSERY USE AND WHICH ISEXPECTED TO DEGRADE IN SUNLIGHT IN LESS THAN2 YEARS AFTER INSTALLATION. WRAP ALL TREES,EXCEPT HACKBERRY TREE SHALL BE PROTECTEDPRIOR TO 12/1.15. POLY EDGER UNLESS SPECIFIED OTHERWISE,SHALL BE BLACK VINYL STYLE EDGER.16. LANDSCAPE FABRIC (FILTER MAT) TO HAVE ACOMBINED WEIGHT OF 4.5-5.5 OZ. PER S.Y. FABRICSHOULD BE U.V. STABILIZED AND HAVE A FIVE YEARMINIMUM WEATHERABILITY FACTOR IN FULLSUNLIGHT. FABRIC TO BE PHILLIPS DUON R OREQUIVALENT. SAMPLE REQUIRED FOR APPROVAL.20. LANDSCAPE BED MULCH SHALL BE SHREDDEDHARDWOOD MULCH. MULCH SHALL BE INSTALLEDAT A DEPTH OF 3" WITH NO WEED BARRIERLANDSCAPE FABRIC.21. ALL TREES PLANTED INDEPENDENTLY OFSPECIFIED BEDS SHALL RECEIVE 3" DEEPSHREDDED HARDWOOD MULCH WITHOUT FABRIC.22. ALL PLANTINGS SHALL RECEIVE FERTILIZER ANDAPPLIED AT THE RATE INDICATED BY THEMANUFACTURER. FERTILIZER SHALL BE GENERALPURPOSE 10-10-10.23. DECIDUOUS SHRUBS SHALL HAVE MINIMUM OF FIVE(5) CANES AT SPECIFIED HEIGHT NOTED IN PLANTSCHEDULE.24. IF THE CONTRACTOR FEELS AN ERROR HAS BEENMADE REGARDING SPACING OR HARDINESS OF ASPECIES OF PLANT MATERIAL INDICATED ON THEPLAN, NOTIFY THE LANDSCAPE ARCHITECT PRIORTO THE INSTALLATION OF PLANT MATERIAL.25. ALL NEWLY INSTALLED PLANT MATERIAL SHALL BEPLANTED IN WELL-DRAINED AREAS. CONTRACTORSHALL AVOID INSTALLING ANY PLANT MATERIAL INDRAINAGE SWALES OR WET & POORLY DRAINEDAREAS.26. THE CONTRACTOR WILL BE RESPONSIBLE FOR THEREMOVAL OF ALL TREE STAKES, GUYS, STRAPSAND TRUNK PROTECTION MEASURES FOLLOWINGTHE COMPLETION OF THE WARRANTEE PERIOD ORAS DIRECTED BY THE OWNER.27. THE PRACTICE OF STAKING SHOULD NOT ALLOWNAILS, SCREWS, WIRES, ETC. TO PENETRATE THEOUTER SURFACE OF THE TREES.28. THE CONTRACTOR SHALL MEET WITH THE OWNERON SITE WHEN THEY FEEL THE PROJECT ISCOMPLETE ACCORDING TO THE CONTRACTDOCUMENTS. IF ALL WORK IS SATISFACTORY ANDCOMPLETE ACCORDING TO THE CONDITIONS OFTHE CONTRACT DOCUMENTS, THEN THE OWNERMUST DECLARE THE PROJECT COMPLETE. THISDECLARATION WILL CONSTITUTE AS THEBEGINNING OF THE WARRANTEE PERIOD FOR ALLPLANT MATERIAL. THE OWNER SHALL PROVIDE ALETTER WITH SIGNATURE STATING THE DATE OFACCEPTANCE.1.PRIOR TO CONSTRUCTION, VERIFY WITH THEGENERAL CONTRACTOR AND ALL LOCAL UTILITYCOMPANIES TO LOCATE EXACT LOCATIONS OFUNDERGROUND UTILITIES.2. THE IRRIGATION SHALL BE DESIGN/BUILD SYSTEMBY THE CONTRACTOR. THE LANDSCAPECONTRACTOR SHALL BE RESPONSIBLE FORPROVIDING AN IRRIGATION LAYOUT PLAN ANDSPECIFICATIONS AS PART OF THE SCOPE OFWORK WHEN BIDDING. THESE SHALL BEAPPROVED BY THE OWNER PRIOR TO ORDERAND/OR INSTALLATION.3. VALVE AND CIRCUITS SHALL BE SEPARATED BASEDON WATER USE, SO THAT TURF AREAS AREWATERED SEPARATELY FROM SHRUB ANDGROUND COVER AREAS. IRRIGATION HEADS INTURF AREAS SHALL BE VALVED SPEARATELY FROMSHRUB AMD GROUND COVER AREAS. IT ISRECOMMENDED THAT FULL SUN AND SHADYAREAS TO BE VALVED SEPARATELY AS WELL ASHIGH RUN-OFF AND LOW RUN-OFF AREAS TO BEVALVED SEPARATELY.4. CONFIRM LIMITS OF IRRIGATION, EXISTING ANDFUTURE HARDSCAPE AND BUILDING LOCATIONSPRIOR TO THE DESIGN OF THE IRRIGATIONSYSTEM.5. CONTRACTOR SHALL VERIFY WATER SOURCELOCATION AND PRESSURE AND SUPPLY A SYSTEMTHAT PROVIDES FULL AND COMPLETE COVERAGETO ALL AREAS TO BE IRRIGATED.6. SYSTEM SHOULD BE DESIGNED TO COMPLETEWATER SCHEDULES WITHIN 12-HOURS MAXIMUM.7. RAIN SENSORS AND OTHER WATER SAVINGTECHNOLOGIES SHALL BE INCLUDED WITHIN THEIRRIGATION DESIGN.8. PROVIDE THE OWNER WITH AN OPERATINGSCHEDULE THAT WORKS WITH THE APPROVEDLAYOUT PLAN AND IDENTIFY ANY FIELDADJUSTMENTS PRIOR TO PROJECT COMPLETION.9. LOCATE VALVE BOXES AWAY FROM ROAD/CURB SOTHEY ARE LESS VISUAL WHERE APPLICABLE.10. DO NOT TRENCH THROUGH THE ROOT BALLS OFNEW PLANTINGS.11. AVOID OVER-SPRAY ONTO ROADS, SIDEWALKS,SIGNS AND PARKING AREAS. SPRINKLER ARCSSHALL BE DETERMINED ON SITE BY THEIRRIGATION INSTALLER TO PROVIDE THE MAXIMUMCOVERAGE POSSIBLE. CAREFULLY ADJUST THEARCS AND RADIUS OF EACH SPRINKLER TOPROVIDE HEAD-TO-HEAD COVERAGE.12. WITHIN EXTREME SLOPED AREAS:12.1. INSTALL STATIONS SEPARATELY FOR TOP ANDBOTTOM OF SLOPED AREAS12.2. INSTALL LATERAL PIPES PARALLEL TO SLOPE12.3. IF SLOPE IS TOO EXTREME FOR MACHINERY,INSTALL LATERAL PIPES SAFELY ANDTEE-FEED INDIVIDUAL SPRINKLERS VIADOWNHILL PIPING PERPENDICULAR TO FEEDLINE13. MAINLINE PIPING BENEATH TRAFFIC AREAS SHALLBE INSTALLED WITH A MINIMUM EARTH COVER OF30-INCHES FROM BOTTOM OF ROAD SUB-GRADEAND CONTAIN SLEEVES NOT LESS THAN TWONOMINAL DIMENSIONS GREATER THAT THE PIPEPASSING THROUGH.14. IRRIGATION INSTALLER SHALL FURNISH ANDINSTALL SLEEVE MATERIAL UNDER ALL ROADWAYS,WALKS AND DRIVEWAYS WHERE NECESSARY.15. TOP OF MAINLINES SHALL BE AT LEAST 30-INCHESBELOW GRADE IN TURF AREAS.16. TOP OF LATERAL LINES SHALL BE AT LEAST18-INCHES BELOW GRADE.17. MAINLINE PRESSURE PIPE FITTINGS 3-INCHES ANDLARGER SHALL BE PUSH ON GASKET JOINED ANDSHALL HAVE MECHANICAL JOINT RESTRAINTS.MAINLINE PRESSURE PIPE FITTINGS 2.5-INCHESAND SMALLER SHALL BE GLUED AND SHALL HAVECONCRETE THRUST BLOCKS AT FITTINGS THATCOMPRISE CHANGE IN DIRECTION.18. OTHERS SHALL FURNISH, INSTALL AND BRING24-INCHES ABOVE GRADE A MUNICIPAL POTABLESTUB FOR IRRIGATION, COORDINATE WITHGENERAL CONTRACTOR.19. INSTALLER IS RESPONSIBLE FOR FURNISHING ANDINSTALLING THE BACKFLOW PREVENTOR, WATERMETER AND BOOSTER PUMP, IF APPLICABLE.20. IRRIGATION CONTROL WIRE SHALL BE DIGITALTWO-WIRE, UL LISTED FOR DIRECT BURIAL.21. CONNECT ALL ELECTRICAL WIRING INACCORDANCE WITH THE NATIONAL ELECTRICALCODE AND ALL APPLICABLE LOCAL ELECTRICUTILITY CODES INCLUDING:21.1.ALL LOW VOLTAGE IRRIGATION CONTROL WIRESHALL BE INSTALLED WITH THE MAINLINE PIPEWHERE POSSIBLE21.2. DO NOT LOOP THE LOW VOLTAGE IRRIGATIONCONTROL WIRE PATH.21.3. SNAKE WIRE AT BOTTOM OF TRENCH BENEATHMAINLINE.21.4. PROVIDE 18-INCH OF SLACK CONTROL WIRE ATALL CHANGES IN DIRECTION.21.5. PROVIDE 24-INCH OF SLACK CONTROL WIRE ATEACH REMOTE CONTROL VALVE COILED INSIDEVALVE BOX.21.6. ALL WIRE SPLICES SHALL BE WATERTIGHTCONNECTORS AND CONTAINED IN VALVE BOX.21.7. ALL WIRING BENEATH HARDSCAPES SHALL BECONTAINED IN SLEEVING, SEPARATE FROMPIPING. ELECTRICAL SLEEVES ARE TO BESIZED APPROPRIATELY FOR EASE OF WIREINSTALLATION AND REPAIR.21.8. ALL WIRING SHALL BE INDENTIFIED AT EACHEND TO PROVIDE INDICATION AS TO WHICHLOCATION THE WIRE IS CONNECTED.21.9. GROUNDING PER MANUFACTURER'SRECOMMENDATION OR LOCAL ELECTRICALCODE.22. SCHEDULE AND PROGRAM CONTROLLER ANDVALVES FOR APPROPRIATE LANDSCAPE WATERREQUIREMENTS.GENERAL LANDSCAPE NOTESIRRIGATION NOTES1. SOD SHALL BE HIGHLAND SOD, 30" X 100' ROLLSPREFERRED WHERE APPLICABLE, TO BE LAIDPARALLEL TO THE CONTOURS AND HAVESTAGGERED JOINTS. ON SLOPES STEEPER THAN3:1 OR DRAINAGE SWALES, THE SOD SHALL BESTAKED INTO THE GROUND. SCARIFY THEEXISTING GRADES WITH FIELD CULTIVATOR TO AMIN. DEPTH OF 12" PRIOR TO PLACING OFTOPSOIL AND FINISH GRADING FOR SOD.IMMEDIATELY PRIOR TO PLACING SOD,CONTRACTOR SHALL APPLY 10-6-4 FERTILIZER ATTHE RATE OF 10 POUNDS PER 1000 SQ. FT.2. PLANTING SOIL REQUIRED: MIXTURE TO INCLUDE45% TOPSOIL, 45% PEAT OR MANURE AND 10%SAND. ALL TREE, SHRUB AND PERENNIALPLANTINGS SHALL RECEIVE 8” DEPTH OFPLANTING SOIL MIXTURE. ALL SODDED AREAS TORECEIVE 4” DEPTH OF PLANTING SOIL MIXTURE. ALL SEEDED AREAS TO RECEIVE 2” DEPTH OFPLANTING SOIL MIXTURE.SODDING, SEEDING& TOPSOIL NOTESNOTE:1. KEEP MULCHAPPX. 2" OFFPLANT TRUNKOR STEM2. SEE PLANTSCHEDULEFOR EACHPLANT'SAPPROPRIATEO.C. SPACINGEDGE OFGROUNDCOVERAREA/WALK EDGEDISTANCE FROM EDGEIS 12 THE SPECIFIED O.C.SPACINGTRIANGULAR SPACE,AT SPECIFIED O.C.DISTANCE - EQUIDISTANTPLANT CENTERMULCHROOTBALLPLANTING SOILNATIVE SOILLAWNSURFACEUNDISTURBED/COMPACTEDSOILPLANTINGSOILLINE OF PLANTINGPIT WHEN PLANTEDINDIVIDUALLYUNDISTURBED ORCOMPACTED SOIL3" DEPTH MULCHPAVED SURFACE,IF APPLICABLE6" MIN.MIN.6"3' MIN. TO PAVEDSURFACESPLANTING SOIL3" DEPTH MULCHPAVED SURFACE,OR LAWNUNDISTURBED ORCOMPACTED SOILNOTE:-3" DP. SHREDDED HARDWOODMULCH SHALL BE USED IN ALLLANDSCAPE PLANTINGS AREASAND UNDER TREES ISOLATEDFROM PLANTING AREAS UNLESSIDENTIFIED OTHERWISE.3xROOTBALLCENTER TREE IN HOLE, UPRIGHTSINGLE STRAIGHT LEADERTREE TIE SECURED TO STAKE.SECURE TO TREE WITHANTI-CHAFFING MATERIAL.ALLOW FOR MOVEMENT OF TREE.WRAP TREE WITH TREEWRAPPING MATERIAL ASSPECIFIED TO 1ST BRANCHLAWN OR PLANTING BEDEDGE (SPADE EDGE IN ALLLAWN AREAS)6" MIN. DIA. EARTH SAUCER(2) TREE STAKES DRIVENA MIN. 2' BELOW GRADE(NW & SW)3" DEPTH MULCH; SEE PLANSAND NOTES FOR TYPE3" HEIGHT TAMPED WATER BASINAT EDGE OF EARTH SAUCERFINISHED GRADEREMOVE BURLAP, TWINE,ROPE AND WIRE FROMTOP HALF OF ROOTBALLPLANTING SOILMOUND MIN. 6"UNDISTURBED ORCOMPACTED SOILAFTER EXPOSING TREE ROOTFLAIR, PLANT SO ROOT FLAIRIS AT 2" ABOVE ADJACENTFINISH GRADETREE TIE SECURED TO STAKE. SECURETO TREE WITH ANTI-CHAFFING MATERIAL.ALLOW FOR MOVEMENT OF TREE.WRAP TREE WITH TREE WRAPPINGMATERIAL AS SPECIFIED TO 1ST BRANCH.TURNBUCKLE AT EACH GUY LINE TOADJUST TENSION INDEPENDENTLY.CENTER TREE IN HOLE, UPRIGHT.3" LAYER MULCH3/16" GALVANIZED STEEL BRAIDEDCABLE FLAGGED FOR VISIBILITY.3" HEIGHT TAMPED WATER BASINAT EDGE OF EARTH SAUCERFINISH GRADE(3) 2"X4"X24" LONG ANCHORSDRIVEN BELOW FINISH GRADEREMOVE BURLAP,TWINE, ROPE ANDWIRE FROM TOPHALF OF ROOT BALLPLANTING TOPSOILMOUND MINIMUM 6"UNDISTURBED OR COMPACTED SOILLAWN OR PLANTINGBED EDGE (SPADEEDGE IN ALL LAWNAREAS)6' MIN. DIA. EARTHSAUCERAFTER EXPOSINGTREE ROOT FLAIR,PLANT SO ROOT FLAIRIS 2" ABOVE ADJACENTFINISH GRADEPARCEL 2PLANTING DETAILSL1.4JANUARY 24, 2022 REVISIONS:SHEET TITLEPROJECT NO:ZZZFROODJHDUFKFRPDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 554138/6/2021 10:27:58 AM$5(1'(5,1*63+$6(,,, 7KH5HVHUYHAUGUST 6, 20210219.01LOT 1, BLOCK 1/$1'86($33/,&$7,21Mendota Heights, MNNo. Date Description12" = 1'-0"MAIN ENTRY RENDERING12" = 1'-0"NORTHEAST RENDERING REVISIONS:SHEET TITLEPROJECT NO:ZZZFROODJHDUFKFRPDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 554138/6/2021 10:27:58 AM$5(1'(5,1*63+$6(,,, 7KH5HVHUYHAUGUST 6, 20210219.01LOT 1, BLOCK 1/$1'86($33/,&$7,21Mendota Heights, MNNo. Date Description12" = 1'-0"NORTHWEST RENDERING12" = 1'-0"SOUTHWEST RENDERING REVISIONS:SHEET TITLEPROJECT NO:ZZZFROODJHDUFKFRPDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 554138/6/2021 10:27:58 AM$5(1'(5,1*63+$6(,,, 7KH5HVHUYHAUGUST 6, 20210219.01LOT 1, BLOCK 1/$1'86($33/,&$7,21Mendota Heights, MNNo. Date Description12" = 1'-0"SOUTH RENDERING12" = 1'-0"AERIAL RENDERING 67)/225 727233,1* 3$5.,1*/(9(/ 726/$%1')/225 7268%)/2255')/225 726+($7+,1*7+)/225 726+($7+,1*723$5$3(7 522) %($5,1* 67)/225 727233,1* 3$5.,1*/(9(/ 726/$%1')/225 7268%)/2255')/225 726+($7+,1*7+)/225 726+($7+,1*723$5$3(7 522) %($5,1* 67)/225 727233,1* 3$5.,1*/(9(/ 726/$%1')/225 7268%)/2255')/225 726+($7+,1*7+)/225 726+($7+,1*723$5$3(7 REVISIONS:SHEET TITLEPROJECT NO:ZZZFROODJHDUFKFRPDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 554138/6/2021 12:55:34 PM$%8,/',1*(/(9$7,2163+$6(,,, 7KH5HVHUYHAUGUST 6, 20210219.01LOT 1, BLOCK 1/$1'86($33/,&$7,21Mendota Heights, MNNo. Date Description3/32" = 1'-0"CENTER WING - SOUTH BUILDING ELEVATION3/32" = 1'-0"EAST WING - SOUTHWEST BUILDING ELEVATION3/32" = 1'-0"EAST WING - SOUTHEAST BUILDING ELEVATION %5,&. 6721(9(1((5 &(0(17%2$5'/$36,',1* :22'721(&(0(17%2$5'/$36,',1* 0(7$/3$1(/6,',1* 35(),1,6+('0(7$/)/$6+,1* 6721(9(1((5/,17(/6,///('*(&2856( &20326,7(:,1'2:6 %/$&. 35(),1,6+('*$5$*('225 %$/&21,(6$1'5$,/,1*6 &(0(17%2$5'75,0 3$&.$*('+9$&81,7 67)/225 727233,1* 3$5.,1*/(9(/ 726/$%1')/225 7268%)/2255')/225 726+($7+,1*7+)/225 726+($7+,1*723$5$3(7 522) %($5,1* 67)/225 727233,1* 3$5.,1*/(9(/ 726/$%1')/225 7268%)/2255')/225 726+($7+,1*7+)/225 726+($7+,1*723$5$3(7 522) %($5,1* 67)/225 727233,1* 3$5.,1*/(9(/ 726/$%1')/225 7268%)/2255')/225 726+($7+,1*7+)/225 726+($7+,1*723$5$3(7 522) %($5,1* REVISIONS:SHEET TITLEPROJECT NO:ZZZFROODJHDUFKFRPDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 554138/6/2021 12:55:36 PM$%8,/',1*(/(9$7,2163+$6(,,, 7KH5HVHUYHAUGUST 6, 20210219.01LOT 1, BLOCK 1/$1'86($33/,&$7,21Mendota Heights, MNNo. Date Description3/32" = 1'-0"EAST WING - NORTHEAST BUILDING ELEVATION3/32" = 1'-0"CENTER WING - EAST BUILDING ELEVATION3/32" = 1'-0"CENTER WING - NORTH BUILDING ELEVATION %5,&. 6721(9(1((5 &(0(17%2$5'/$36,',1* :22'721(&(0(17%2$5'/$36,',1* 0(7$/3$1(/6,',1* 35(),1,6+('0(7$/)/$6+,1* 6721(9(1((5/,17(/6,///('*(&2856( &20326,7(:,1'2:6 %/$&. 35(),1,6+('*$5$*('225 %$/&21,(6$1'5$,/,1*6 &(0(17%2$5'75,0 3$&.$*('+9$&81,7 67)/225 727233,1* 3$5.,1*/(9(/ 726/$%1')/225 7268%)/2255')/225 726+($7+,1*7+)/225 726+($7+,1*723$5$3(7 522) %($5,1* 67)/225 727233,1* 3$5.,1*/(9(/ 726/$%1')/225 7268%)/2255')/225 726+($7+,1*7+)/225 726+($7+,1*723$5$3(7 67)/225 727233,1* 3$5.,1*/(9(/ 726/$%1')/225 7268%)/2255')/225 726+($7+,1*7+)/225 726+($7+,1*723$5$3(7 REVISIONS:SHEET TITLEPROJECT NO:ZZZFROODJHDUFKFRPDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 554138/6/2021 12:55:39 PM$%8,/',1*(/(9$7,2163+$6(,,, 7KH5HVHUYHAUGUST 6, 20210219.01LOT 1, BLOCK 1/$1'86($33/,&$7,21Mendota Heights, MNNo. Date Description3/32" = 1'-0"WEST WING - NORTHWEST BUILDING ELEVATION3/32" = 1'-0"WEST WING - SOUTHWEST BUILDING ELEVATION3/32" = 1'-0"WEST WING - SOUTHEAST BUILDING ELEVATION %5,&. 6721(9(1((5 &(0(17%2$5'/$36,',1* :22'721(&(0(17%2$5'/$36,',1* 0(7$/3$1(/6,',1* 35(),1,6+('0(7$/)/$6+,1* 6721(9(1((5/,17(/6,///('*(&2856( &20326,7(:,1'2:6 %/$&. 35(),1,6+('*$5$*('225 %$/&21,(6$1'5$,/,1*6 &(0(17%2$5'75,0 3$&.$*('+9$&81,7 6)3$5.,1* &,5&8/$7,213$5.,1*75$6+ 6)&,5&8/$7,216)&,5&8/$7,216)&,5&8/$7,216)75$6+REVISIONS:SHEET TITLEPROJECT NO:ZZZFROODJHDUFKFRPDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 554138/6/2021 1:33:17 PM$3$5.,1*/(9(/3/$13+$6(,,, 7KH5HVHUYHAUGUST 6, 20210219.01LOT 1, BLOCK 1/$1'86($33/,&$7,21Mendota Heights, MNNo. Date Description1/16" = 1'-0"0_PARKING LEVEL AREA PLAN 6)&,5&8/$7,21 6)&20021$5($6)87,/,7<&,5&8/$7,21&20021$5($5(6,'(17,$/87,/,7<6)87,/,7<6)5(6,'(17,$/6)5(6,'(17,$/6)5(6,'(17,$/REVISIONS:SHEET TITLEPROJECT NO:ZZZFROODJHDUFKFRPDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 554138/6/2021 1:33:21 PM$),567)/2253/$13+$6(,,, 7KH5HVHUYHAUGUST 6, 20210219.01LOT 1, BLOCK 1/$1'86($33/,&$7,21Mendota Heights, MNNo. Date Description1/16" = 1'-0"1_FIRST FLOOR AREA PLAN 6)&,5&8/$7,21 6)5(6,'(17,$/6)5(6,'(17,$/6)87,/,7<&,5&8/$7,215(6,'(17,$/87,/,7<REVISIONS:SHEET TITLEPROJECT NO:ZZZFROODJHDUFKFRPDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 554138/6/2021 1:33:25 PM$6(&21')/2253/$13+$6(,,, 7KH5HVHUYHAUGUST 6, 20210219.01LOT 1, BLOCK 1/$1'86($33/,&$7,21Mendota Heights, MNNo. Date Description1/16" = 1'-0"2_SECOND FLOOR AREA PLAN 6)&,5&8/$7,21 6)5(6,'(17,$/ 6)5(6,'(17,$/6)87,/,7<&,5&8/$7,215(6,'(17,$/87,/,7<REVISIONS:SHEET TITLEPROJECT NO:ZZZFROODJHDUFKFRPDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 554138/6/2021 1:33:29 PM$7+,5')/2253/$13+$6(,,, 7KH5HVHUYHAUGUST 6, 20210219.01LOT 1, BLOCK 1/$1'86($33/,&$7,21Mendota Heights, MNNo. Date Description1/16" = 1'-0"3_THIRD FLOOR AREA PLAN 5() 6)$0(1,7<6)3$7,2 $0(1,7<&,5&8/$7,213$7,2 6)&,5&8/$7,216)&,5&8/$7,21REVISIONS:SHEET TITLEPROJECT NO:ZZZFROODJHDUFKFRPDATE:Collage | architectsArchitectsPete Keely651.472.0050708 15th Aveenue NEMinneapolis, MN 554138/6/2021 1:33:30 PM$)2857+)/2253/$13+$6(,,, 7KH5HVHUYHAUGUST 6, 20210219.01LOT 1, BLOCK 1/$1'86($33/,&$7,21Mendota Heights, MNNo. Date Description1/16" = 1'-0"4_FOURTH FLOOR AREA PLAN Request for City Council Action DATE: April 5, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, Public Works Director Kelly McCarthy, Chief of Police SUBJECT: Dodd Road/South Plaza Drive Pedestrian Improvements and Traffic Solutions Update INTRODUCTION The City Council is asked to approve the installation of temporary tube delineators on Dodd Road to provide additional pedestrian safety. BACKGROUND Mendota Heights installed a crosswalk on Dodd Road at South Plaza Drive around 1990. This crosswalk has had several improvements including RRFB beacons and lane modifications. The most recent lane modification design reduced the number of lanes at this crosswalk from three to two. This design change is an effective safety improvement if vehicles obey the traffic laws. Vehicles traveling south on Dodd Road have been utilizing the shoulder to pass left turning vehicles at the South Plaza Drive intersection versus waiting for the left turning vehicle to clear the drive lane. This illegal passing on the shoulder provides a safety hazard to pedestrians wanting to cross the roadway. Staff has discussed this concern with MnDOT. MnDOT is recommending the city apply for a State permit to install a temporary pilot project for consideration of a more permanent bump out. Staff is proposing the installation of 22 tube delineators to create a bump out area. This bump out area would ideally eliminate passing on the shoulders as well as create a shorter distance for pedestrians to cross the highway and provide better visibility of the pedestrian as they can move closer into the roadway. In November, the City Council directed staff to establish a traffic solutions committee to study traffic issues at Highway 62 and Dodd Road. An official Traffic Solutions Committee has not been convened, however, staff has had initial conversations with MnDOT and is working with Dakota County on its update to the Regional Roadway System Visioning Study (RRSVS) which is providing analysis of the Highway 62/Dodd Road intersection, as well other intersections including those on Delaware as initial steps. The Public Works Director and Police Chief have discussed the Committee, and are proposing that a letter be mailed to residents near the intersection, polling residents on their concerns. MnDOT assisted the city is developing questions for the letter. BUDGET Staff solicited a quote for the installation of the tube delineators. Safety Signs has provided the attached quote for the purchase and installation of the 22 delineators as well as removing the delineators in the fall and delivering to Public Works. The quote for this service is $4,400 which is proposed to be financed through the city infrastructure fund. RECOMENDATION Staff recommends that the Mendota Heights City Council approve the quote and authorize the Public Works Director to issue a Purchase Order to Safety Signs for the South Plaza Drive Pedestrian Improvement. ACTION REQUIRED If Council concurs with the staff recommendation, they should pass a motion to approve the quote and authorize the Public Works Director to issue a Purchase Order to Safety Signs for the South Plaza Drive Pedestrian Improvement. This requires a simple majority vote. DATE:3/2/2022 PROJECT: TH 149 (Dodd Rd) at South Plaza Dr Delineation LOCATION:Mendota Heights ITEM #DESCRIPTION SIZE QTY PRICE EXT F & I White FG300 Tube Delineator & Base 22 EA 155.00$ EA 3,410.00$ Remove & Deliver Tubes to PW 22 EA 45.00$ EA 990.00$ Delineators installed with Butyl Pads not Anchored TOTAL 4,400.00$ NAME DATE 19784 Kenrick Ave. • Lakeville, MN 55044 • Phone (952) 469-6700 • Fax (952) 469-6689 Offices located in Lakeville, Rogers, Blaine, Rochester, Mankato & Duluth Quote Only Valid For 25 Days. Thank You. Tony Cornell PERMANENT DELINEATOR QUOTATION SAFETY SIGNS IS A CERTIFIED DBE/WBE/TGB CONTRACTOR. No Bond No Retainage. All Items Tied Unless Arrangements Are Made To Split Items Off. The Above Prices Include Sales Tax. Please Sign Below To Acknowledge Approval. Mail or Fax Back So Material Or Supplies Needed Can Be Ordered So Installation Will Not Be Delayed Safety Signs LLC. An Equal Opportunity Employer tonycornell@safetysigns-mn.com 2069 796-820 2069 79080047922675912720064103DODD RDSOUT H P L A Z A D R T his im agery is copyrighted an d licen sed by Nearm ap US In c, which retain sown ership of the im agery. It is bein g provided by Dak ota Coun ty un der theterm s of that licen se. Un der that licen se, Dak ota Coun ty is allowed toprovide access to the “Offlin e Copy Add-On for Govern m en t”, on which thisim age services is based, at 6-in ch resolution , six m on ths after the capturedate, provided the user ack n owledges that the im agery will be used in theirn orm al course of busin ess an d m ust n ot be resold or distributed for the Pedestrian Safety StudyPylon Bump OutSouth Plaza Drive and Dodd Road Date: 3/1/2022 City ofMen dotaHeights040 SCALE IN FEET GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. In stall Pylon s for a T em porary bum p out study Request for City Council Action DATE: April 5, 2022 TO: Mayor, Council, and City Administrator FROM: Kelly Torkelson, Assistant City Administrator SUBJECT: Establishing the Mendota Heights Volunteer Program and Policy INTRODUCTION: Volunteering is a rich opportunity for both the City of Mendota Heights as well as the participating community members. Through volunteering with the City, community members gain an opportunity to serve the Mendota Heights community, to learn about municipal operations, services, staff and programs, and to build connections with neighbors. To better support the fulfillment of these goals, staff are proposing the adoption of a formal volunteer policy for the city along with a formalized volunteer program to facilitate volunteering in the community. BACKGROUND: Mendota Heights Volunteer Program Community volunteers are not new to Mendota Heights, however, what becomes possible through a formalized volunteer program is the streamlining of opportunities and staff resources to support community members who want to get involved. Staff reviewed common high level opportunities that community members have expressed interest participating in as volunteers. The list of these opportunities is listed here in the blue box. Within these initiatives, there are often different roles for volunteers, some are leaders whereas others just want to participate. Staff structured the Mendota Heights Volunteer Program in a way to provide support and opportunity to the full range of these participants. A critical component of the City’s volunteer program is that each volunteer opportunity has a defined service agreement that defines roles, expectations, scope, and requirements. An example Mendota Heights Volunteer Opportunities - Officer Reserve Program - CERT Program - Tree Planting - Event Worker - Invasive Species Removal - Landscaping - Park Clean Up service agreement is included in the council packet. Staff have reviewed each of these opportunities and identified which programs would require different levels of participation. Mostly, these opportunities can be summarized as: Level 1: (Most Accessible) Volunteers who participate as a group or under the supervision of someone who has been trained. Level 2: (Some Training Required) People who want to lead a group or to volunteer individually. Level 3: (Training and Commitment Required) People who want to have an ongoing volunteer commitment where they also lead others. In the case that a community member wants to propose their own volunteer initiative or project, the process would be very similar to signing up for an existing opportunity with the additional need to meet with staff and have the proposed initiative reviewed and approved through the appropriate channels. Volunteers will be able to sign up for the program as well as to review upcoming volunteer opportunities through the City’s website. The City will be utilizing the volunteer software Volgistics for the management of the volunteer program. This tool will allow staff to manage volunteer data and also to provide a resource for current volunteers to sign up for upcoming opportunities. The Volunteer Policy The purpose of the volunteer policy is to provide overall guidance and direction to staff and volunteers engaged in volunteer involvement and management efforts. It is critical to the successful utilization of volunteer interest and initiative that the all volunteer opportunities provide a beneficial experience to both the volunteers as well as to the City itself. To facilitate this, the volunteer policy outlines the process through which the city will perform proper due diligence in the development of volunteer opportunities for community members as well as how to work with community members proposing new initiatives to the City. In addition, the policy also provides guidance for the management of the program, and how to navigate incidents such as the need for termination of service, injury on duty, and how to include youth volunteers in the program. Articulating this within formal policy ensures consistency in administration and supports a streamlined process for staff to connect interested community members with opportunities to serve. BUDGET IMPACT The City will be utilizing the software Volgistics for the management of the volunteer program which has an annual cost of $342.00. Administration of the program will be done by the Assistant City Administrator and office support assistant staff as part of an existing position description. RECOMMENDATION Staff recommends the approval of the Mendota Heights Volunteer Policy and the establishment of a City of Mendota Heights Volunteer Program. REQUESTED ACTION If the Council concurs, it should, by motion, approve the Mendota Heights Volunteer Policy and the establishment of a City of Mendota Heights Volunteer Program. City of Mendota Heights, Minnesota VOLUNTEER POLICY CONTACT: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 651-452-1850 APPROVED: xxxxx, 2022 Contents 1. Overview ............................................................................................................................... 3 1.1 Purpose of Volunteer Policies .......................................................................................... 3 1.2 Scope of Volunteer Policies ............................................................................................. 3 1.3 Definition of ‘Volunteer’ .................................................................................................. 3 1.4 Types of Volunteers ......................................................................................................... 3 1.5 Special Case Volunteers ................................................................................................... 3 1.6 Service at the Discretion of the City ................................................................................ 3 1.7 Scope of Volunteer Involvement...................................................................................... 4 2. Volunteer Management Procedures .............................................................................. 4 2.1 Program Management ..................................................................................................... 4 2.2 Conflict of Interest .......................................................................................................... 4 2.3 Maintenance of Records ................................................................................................... 4 3. Volunteer Recruitment and Selection ........................................................................... 4 3.1 Recruitment ...................................................................................................................... 4 3.2 Recruitment of Junior Volunteers .................................................................................... 5 3.3 Criminal Records Check .................................................................................................. 5 3.4 Professional Services........................................................................................................ 5 4. VOLUNTEER SUPERVISION AND EVALUATION ....................................................... 5 4.1 Absenteeism ..................................................................................................................... 5 4.2 Corrective Action ............................................................................................................. 5 4.3 Resignation ...................................................................................................................... 5 5. VOLUNTEER SUPPORT AND RECOGNITION ............................................................. 5 5.1 Access to City Property and Materials ............................................................................. 5 5.2 Accidents or Injuries While Volunteering ....................................................................... 6 1. Overview 1.1 Purpose of Volunteer Policies The City of Mendota Heights is benefited through the engagement, participation, and contributions of community volunteers. The purpose of this policy is to provide overall guidance and direction to staff and volunteers engaged in volunteer involvement and management efforts. This policy is intended for internal management guidance only, and does not constitute, either implicitly or explicitly, a binding contractual or personnel agreement. The City reserves the exclusive right to change any portion of this policy at any time and to expect adherence to the changed policy. Areas not specifically covered by this policy shall be determined by the City Administrator. 1.2 Scope of Volunteer Policies Unless specifically stated, this policy applies to all non-elected volunteers in all programs and projects undertaken by or on behalf of the City, and to all City departments and sites of operation. 1.3 Definition of ‘Volunteer’ A “volunteer” is anyone who, without compensation or expectation of compensation beyond reimbursement, performs a task at the direction of and on behalf of the City. A “volunteer” must be officially accepted and enrolled by the Mendota Heights Volunteer Program prior to performance of the task. Volunteers are not considered “employees” of the City. 1.4 Types of Volunteers The City has two types of volunteers: Adult and Junior. Adult volunteers are those who are 18 years and older. Junior volunteers are under 18 years old. Youth under the age of 18 may volunteer either through their enrollment in a group or with a parent/guardian, providing the volunteer project is age appropriate. The sponsoring group or guardian must adequately provide all of the adult supervision necessary for all minors to perform the activity safely. The City shall not be responsible for providing adequate adult supervision for groups including minor volunteers. 1.5 Special Case Volunteers At times, the City will encounter emergency situations that will call to action “emergency volunteers.” Depending on the circumstances and the quick turn around to assist, emergency volunteers might not be registered volunteers and the City is not required to keep records on them. 1.6 Service at the Discretion of the City The City accepts the service of all volunteers with the understanding that such service is at the sole discretion of the City. Volunteers agree that the City may at any time, for whatever reason, decide to terminate the volunteer’s relationship with the City. The volunteer may at any time, for whatever reason, decide to sever the volunteer’s relationship with the City. Notice of such a decision should be communicated as soon as possible to the volunteer’s supervisor and/or Mendota Heights Volunteer Coordinator. 1.7 Scope of Volunteer Involvement Volunteers should not be utilized to displace any paid employees from their positions. 2. Volunteer Management Procedures 2.1 Program Management The Mendota Heights Volunteer Program will be managed by the Assistant City Administrator with the support of the Volunteer Coordinator. 2.2 Conflict of Interest A person, who has a conflict of interest with any activity or program of the City, whether personal or financial, can be accepted to serve as a volunteer with the City as long as said conflict of interest is disclosed and does not affect the ability to effectively perform in the position. 2.3 Maintenance of Records A system of records will be maintained on each volunteer with the City, including dates of service, positions held, and duties performed. Volunteers and appropriate staff are responsible for submitting all appropriate records and information. 2.4 Service Agreements All volunteer opportunities must have a service agreement that is mutually agreed upon by both the City and the volunteer. The service agreement will articulate the scope of the volunteer opportunity and the responsibilities of the volunteer and the city. In the case that the city does not already have a service agreement for a proposed project, members of the public may propose a project to staff to review and develop a new service agreement. Staff will work with the volunteer and escalate the request as necessary to provide appropriate review of the proposal up to an including consideration by the City Council. 3. Volunteer Recruitment and Selection 3.1 Recruitment Volunteers shall be recruited without regard to race, color, creed, religion, sex, national origin, marital status, familial status, age, disability, sexual orientation, gender identity, status with regard to public assistance, or membership or activity in a local commission. The sole qualification for volunteer recruitment shall be suitability to perform a task on behalf of the City. Volunteers may be recruited through either an interest in specific functions or through a general interest in volunteering which will later be matched with a specific function. 3.2 Recruitment of Junior Volunteers Volunteers, who have not reached the age of 18 prior to submitting an application, must affirm they have obtained parental/guardian permission when they complete the volunteer application. 3.3 Criminal Records Check As appropriate for the protection of clients, volunteers will be asked to submit to a background criminal check upon signing up as a Mendota Heights City volunteer. Volunteers who do not agree to the background check may be refused assignment, however, a criminal check with results does not preclude a person from volunteering. Human Resources will handle each background check on a case by case basis. The following criteria will be used by the Assistant City Administrator to determine if the applicant can volunteer: 1) Relationship of the offense to the volunteer position(s) 2) Amount of time since the offense 3) Upon conducting a follow up, is it evident the person has completed rehabilitation. 3.4 Professional Services Volunteers shall not perform professional services for which certification or licensing is required unless currently certified or licensed to do so. A copy of such certificate or license should be maintained by Human Resources. 4. VOLUNTEER SUPERVISION AND EVALUATION 4.1 Absenteeism Volunteers are expected to perform their duties on a regularly scheduled and timely basis. If expecting to be absent from a scheduled duty, volunteers should inform their staff supervisor as far in advance as possible so that alternative arrangements may be made. Continual absenteeism will result in a review of the volunteer’s work assignment or term of service. 4.2 Corrective Action In appropriate situations, corrective action may be taken. Examples of corrective action include the requirement of additional training, re-assignment of a volunteer to a new position, suspension of the volunteer, or dismissal from volunteer service. 4.3 Resignation Volunteers may resign from their volunteer service with the City at any time. It is requested that volunteers who intend to resign provide advance notice of their departure 5. VOLUNTEER SUPPORT AND RECOGNITION 5.1 Access to City Property and Materials As appropriate, volunteers shall have access to City property and materials necessary to fulfill their duties and shall receive training in the operation of any equipment. Property and materials shall be utilized only when directly required for City purposes. This policy includes access to and use of City-owned vehicles. 5.2 Accidents or Injuries While Volunteering In the event of a medical emergency, the volunteer should seek treatment immediately at the nearest and most appropriate medical center. If an accident or injury occurs while volunteering, it must be reported as soon as reasonably possible to the staff supervisor. If the volunteer- related injury requires medical treatment, the volunteer will be directed to seek medical attention at a provider of their choosing. The supervisor will complete a written report titled “First Report of Injury Form” with all the known details and circumstances related to the accident or injury, as well as the names and of all and any witnesses to the accident. The completed form must be immediately forwarded to the Human Resources Department for processing. Purpose: Assist with the organized operations of City of Mendota Heights events Service Length: Per shift at event Time Commitment: Shifts during each event will be 3-4 hours, depending on need. Qualifications/Desired Skills: - Outgoing personality - Ability to work independently or within a group - Willing to talk with people; able to enforce event rule and guidelines - Able to positively represent the City in a professional manner Service Duties: The City offers many recreation events for youth, families and adults. Volunteering at events may include: decorating the event site, handing out prizes, coordinating and supervising games/activities, and welcoming guests/participants and providing directions, set up/cleanup, and engaging in arts/crafts. Outcomes/Learning Opportunities: This is an opportunity to give back to the community while having a fun time at a City of Mendota Heights event. On-boarding: Every volunteer is complete volunteer agreement/application. Training Requirements: Volunteer will receive any role specific training day of event. Special Instructions (optional): Event responsibilities may change, so please be flexible. All volunteers are required to wear event and weather appropriate clothing. Hat, protective eyewear and sunblock is strongly recommended on days that require it.