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2022-05-03 Council Agenda Packet
CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA May 3, 2022 — 6.00 pm TJ Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Approval of April 19, 2022 City Council Minutes b. Approval of April 19, 2022 City Council Work Session Minutes C. Approval of April 25, 2022 City Council Work Session Minutes d. Acknowledge the March 22, 2022 Planning Commission Meeting Minutes e. Approve Resolution 2022-31 Approve Master Partnership Contract with the Minnesota Department of Transportation f. Approve Resolution 2022-32 Calling for a Public Hearing on Easement Vacation for Mendota Plaza Expansion Second Addition g. Award Contract for Tennis Court Resurfacing at Friendly Hills Park h. Approve Resolution 2022-33 Accept Bids and Award Contract for the 2022 Sanitary Sewer and Televising Contract i. Accept Police Officer Resignation and Authorize Police Officer Recruitment j. Approve New Massage Therapist Licenses for Derrick Lundberg and Mary Sage at Green Lotus Yoga and Healing Center k. Extend Approved Wetland Delineation for Mendota Heights Apartments I. Approve Board of Water and Soil Resources Lawns to Legumes Phase 2 Demonstration Neighborhood Project M. Approve Proposal and Contract with Metro Blooms for the Lawns to Legumes Demonstration Project n. Approve Resolution 2022-14 Authorizing Application to the Ballot Drop Box Grant Program o. Acknowledge March 2022 Fire Synopsis p. Approval of March 2022 Treasurer's Report q. Approval of Claims List 6. Citizen Comment Period (for items not on the agenda) *See guidelines below 7. Public Hearings -none 8. New and Unfinished Business a. Resolution 2022-34 Approving the Preliminary Plat of Lillie's Lakeview Addition —945 Wagon Wheel Trail (Sean Doyle-SD Companies, LLC—Applicant/Developer) b. Resolution 2022-35 Approving a Wetlands Permit for 791 Wentworth Avenue (LDK Builders —Applicant/Owners) c. Discuss Applying for a Local Partnership Program Grant for Dodd Road d. Consideration of the Ninth Amendment to Planned Unit Development Agreement for Mendota Plaza (the Developers Agreement) for New 79-Unit Apartments / Phase III —At Home Apartments 9. Community Announcements 10. Council Comments 11. 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 S 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." page 3 5a. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 19, 2022 Pursuant to due call and notice thereof,the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 6:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 6:00 p.m. Councilors Paper,Mazzitello, and Miller,were also present. Councilor Duggan was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Miller moved adoption of the agenda. Councilor Mazzitello seconded the motion. Further discussion: Councilor Paper requested to move item 8c. to be considered as item 8a. Councilor Paper moved to amend the motion, moving item 8c. to be considered as item 8a. Councilor Miller seconded the amendment to the motion. Ayes: 4 Nays: 0 Mayor Levine noted that item 8a. would then become 8b. and item 8b. would then become item 8c. She called the vote on the amended motion to adopt the agenda. Ayes: 4 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 item j. for a separate discussion. a. Approval of April 5, 2022 City Council Minutes b. Approval of April 14, 2022 Council Work Session Minutes c. Acknowledge the March 8, 2022 Parks and Recreation Commission Meeting Minutes page 4 d. Authorize Purchase Order for Dugouts and Fence Work at Civic Center, Victoria Highlands, Valley, and Hagstrom King Parks e. Approve 2022 Workers Comp Renewal f. Approve Purchase Order for Tree Removal g. Approve Resolution 2022-27 Proclaiming Arbor Day h. Approve Resolution 2022-29 Approve Plans and Authorize an Advertisement for Bids for the Centre Pointe Street Improvements i. Approve an Agreement with Northern Lighter Pyrotechnics and Mendakota Country Club for Independence Day Fireworks k. Approve Resolution 2022-30 Approving the Standard Allowance Election for American Rescue Plan Act Funds 1. Approve 2021 Audit Items m. Approve February 2022 Treasurer's Report n. Approve the March 2022 Building Activity Report o. Approval of Claims List Councilor Miller seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS J)APPROVE CITY OF MENDOTA HEIGHTS VOLUNTEER POLICY AND PROGRAM Mayor Levine commented that this item was tabled at the last meeting in order to have the City Attorney review the policy. She asked staff to provide an overview. Assistant City Administrator Kelly Torkelson provided an overview of the proposed volunteer program and policy. She stated that the policy was reviewed by the City Attorney, with minor adjustments made. Councilor Mazzitello moved to approve VOLUNTEER POLICY AND PROGRAM. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARING No items scheduled. April 19,2022 Mendota Heights City Council Page 2 of 10 page 5 NEW AND UNFINISHED BUSINESS A) CONSIDERATION OF A PERMANENT PITCHING MOUND AT VICTORIA HIGHLANDS Parks and Recreation Manager Meredith Lawrence provided background information on the consideration of a pitching mound at Victoria Highlands. The Mendota Heights Athletic Association (MHAA) has requested a permanent pitching mound be installed. Councilor Miller asked the roles and responsibilities that MHAA would have if the permanent mound is chosen. Manager Lawrence stated that staff would ask that MHAA be responsible for watering, covering, tamping, and raking the mound. She noted that equipment cannot be brought onto the fields. Councilor Miller asked the amount of water the mound would require. Manager Lawrence stated that the consultant has stated that a mound is similar to a green on a golf course. She noted that there are many different factors that impact the amount of water that is needed. Councilor Miller asked if there would be indicators that the mound needs water. Manager Lawrence stated that mounds are not playable when they have too much water on them. She stated if a mound is too dry, it becomes brittle. She noted complaints have been received about a brittle mound at Hagstrom King. Councilor Mazzitello asked who would own and be responsible for a portable mound. Manager Lawrence stated that staff would recommend the City purchase the mound, so that it would become City property and MHAA could provide a donation for the portion of the cost. She stated that the City has followed this practice with other requests. Mayor Levine invited members of the public to provide input. Adam Crepeau, 1016 Douglas Road and current MHAA Baseball Commissioner, stated that Victoria Highlands has been used exclusively for 12U baseball and MHAA intends to continue to use the field for that purpose. He commented that the daily maintenance of Civic Center and Hagstrom King parks have been done in a similar fashion which is completed by the coaches and parents. He commented that they have looked to specialize fields in Mendota Heights for certain age use. He stated that permanent mounds are safer and more reliable. He asked the Council to follow the recommendation from the Parks and Recreation Commission. Nick Sattler, 1041 Marie Avenue, asked the Council to support a permanent pitching mound. He stated that his son will be playing at Victoria Highlands this year. The portable mounds at Harmon Park in West St. Paul are used by children under 12. He stated that a solid surface is important for safety. Portable pitching mounds get dirt on them and the surface then becomes slippery. He stated that his son stated that he would like a real mound because it does not slip, cannot be moved, and does not wobble. He stated that it takes less than a water bottle of water to ensure the mound is smooth again after the game. He commented that everyone associated with MHAA will be properly trained to maintain the mound. He commented that the fields represent the City and MHAA takes pride in them. He recognized the work of public works but noted that the parents do work beyond that. Henry Crepeau, 1016 Douglas Road, commented that he will be playing at the field next year and asked that a permanent mound be provided. He stated that a permanent mound provides consistency. April 19,2022 Mendota Heights City Council Page 3 of 10 page 6 Mike Larson, 2238 High Point Court, commented that this is a reasonable request. He stated that his son has played on this field, used a temporary mound, and noted that it is better to have a permanent mound. He commented that when they play at fields in other cities,they take note of the conditions of those fields. He stated that a permanent mound is safer and provides a better experience. He stated that smaller step off mounds are wobbly and teeter. He believed that it is worth the effort and expense to have a permanent mound. He noted that younger teams could play in front of the mound. He stated that older groups would not use the field because the fencing is too short. He stated that MHAA is used to maintaining the mound after practice or a game before it is covered and noted that a five-gallon bucket would be enough water. He believed it is of value for Mendota Heights to have quality fields with permanent mounds. Manager Lawrence commented that the data from the school fields were not used as they wanted to provide a comparison with only municipalities. She commented that Civic Center does have water as there is an irrigation system. Councilor Miller stated that when this was brought to the Council in November, he wanted to ensure there was equitable use. He stated that since then, he has learned that softball does not need that field. He noted that given the space constraints of the field,it sounds like this is used for a certain group of baseball players and he trusts the people that play to say what is appropriate or safe. He believed that a clay mound satisfies the need and brings equity across the fields for baseball users of different ages. He believed that splitting the cost with MHAA also makes that purchase more manageable. He stated that he is appreciative that the cost can be split as that creates partnership and ownership in maintenance. He stated that he also likes that the maintenance would fall to MHAA, the users of the field, rather than public works. Councilor Paper stated that he has used the mound at Hagstrom King and at Civic Center. He stated that it is not just the parents and coaches that maintain the mounds and fields, but the kids that use the fields. He stated that there is an implied sense of pride and ownership from teams in taking care of the fields after use. He referenced the concern about the water source and material, which are reasonable, but noted that when the mound is properly maintained, it does not cause difficulty using the example of Hagstrom King. He stated that this will be a good addition. Councilor Mazzitello stated that he has no objection to a permanent mound, as it seems to be a needed improvement and bridges a gap from Hagstrom King to Civic Center. He stated that in the larger sense he was unsure this is the best way for the City to do business in planning for improvements. He referenced an upcoming meeting with the Parks and Recreation Commission to continue strategic and long-range planning for the parks system. He challenged user groups and associations to identify their needs for the future and bring those to the City so that those items can be planned for. He referenced the neighborhood comments received and asked if there were any comments in opposition to the pitching mound. Manager Lawrence replied that two residents were opposed to the project. She noted that one was opposed to limiting use of the field, and the other was concerned with traffic and usage of the park. Councilor Mazzitello noted that Victoria Highlands has been used for a number of years for this purpose of baseball. Mayor Levine thanked the Parks and Recreation Commission for its work. She recommended that the Special Parks Fund be used for the City portion of the cost. April 19,2022 Mendota Heights City Council Page 4 of 10 page 7 City Attorney Elliot Knetsch commented that the same use of the facility would be provided, and the use would not be expanded or changed. He stated that an argument could be made either way for using Special Parks Funds and it would be feasible to look to use the fund. Manager Lawrence noted that if that fund could not be used, there would be available funds in the park maintenance budget because of some fencing work that is being delayed. She asked that the Council authorize staff to work with a contractor for the project with the City paying the full portion of the project and to be reimbursed by MHAA with a donation of 50 percent of the project cost. Councilors Miller and Paper agreed with that language. Councilor Miller moved to approve A PERMANENT CLAY MOUND AT VICTORIA HIGHLANDS WITH A COST SPLIT OF 50150 BETWEEN THE CITY AND MHAA AND MHAA PROVIDING ONGOING MAINTENANCE AS DESCRIBED. Councilor Paper seconded the motion. Councilor Mazzitello stated that there was a statement made related to maintenance of the mound and asked if the Council agreed that the association would be responsible for the maintenance of the mound. Councilor Miller confirmed that was included in his motion. Ayes: 4 Nays: 0 B) RESOLUTION 2022-26 APPOINTMENTS TO THE NATURAL RESOURCES COMMISSION City Administrator Cheryl Jacobson explained that the Council is asked to make appointments to the newly formed Natural Resources Commission. Councilor Paper commented that this will be an impactful Commission. He commented on the diversity of careers, hobbies, and interests of the applicants. He looks forward to seeing what the Commission will accomplish. Councilor Mazzitello stated that in any type of team you want to have a wide range of experience and expertise and noted that these seven candidates have a wide array of natural resources experience. He commented that this is a very talented group. He looks forward to working with them. Councilor Miller commented that the Council approves this on the cusp of the 50th anniversary of Earth Day. He commented on the importance of thinking globally and acting locally in order to have an impact. He stated that the idea of this group working with the updated Natural Resources Plan gives him hope. Mayor Levine commented that all 20 applicants had qualifications to serve. She stated that staff developed a comprehensive spreadsheet that identified different elements and the Council was able to use that grid to make the best composition for the group with a broad array of experience. She recognized Natural Resources Coordinator Krista Spreiter for her assistance in this process as well. April 19,2022 Mendota Heights City Council Page 5 of 10 page 8 Councilor Mazzitello moved to adopt RESOLUTION 2022-26 APPOINTING RESIDENTS TO THE NATURAL RESOURCES COMMISSION. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Mayor Levine invited the newly appointed member of the Commission to introduce themselves. The members who were present came forward and introduced themselves. C)RESOLUTION 2022-28 ACCEPT BIDS AND AWARD CONTRACT FOR THE WENTWORTH WARMING HOUSE Public Works Director Ryan Ruzek stated the Council was being asked to approve Resolution 2022-28, accepting bids and awarding a contract for the Wentworth Warming House or an alternate Resolution 2022-28, rejecting bids for the project. Councilor Mazzitello asked if there is grant funding tied to this. Director Ruzek replied that the grant funding was tied to playground replacement, construction of a year-round park shelter building, as well as a repaving of the parking lot and trails. Councilor Mazzitello asked if the cost included in the bids include the parking lot repaving. Director Ruzek replied that bids do not include the parking lot and trail repaving, or the utilities. He stated that the bids only include the building. He noted that the in-house work was also not included, such as gas and electric disconnection and demolition of the existing building. Councilor Miller commented that the bids were high and asked for the cost breakdown,noting the original estimate for the project was about $250,000 with a budget of $350,000. He stated that these bids are $200,000 more than those figures. Director Ruzek replied that the City hired an architect to put together the design package to be bid. He noted that the estimate used the regular rate of builders. He noted there are federal funds tied to the project which requires the builder to use specified rates that are higher. He stated that COVID has also increased lumber prices and related supply chain issues. Councilor Miller asked if bidders are bidding this in a manner to bid themselves out of consideration or whether this is the going rate. Director Ruzek replied that bidder 92 only bid on the construction of the building. He noted that the City's intention was for the bidder to include costs for all three parts. Therefore he recommended that bid be rejected. He stated that the bidder 93 has been trying to get the low bid thrown out as they are very interested in the project. He noted that a bid bond was not submitted with the low bid, but that was not a requirement and therefore the City is accepting the low bid as a responsible bid. Councilor Miller commented that given the high bids, could the size of the building be scaled back to reduce costs. Director Ruzek was unsure that would result in better costs. He stated that the project includes three restrooms, one accessible from the outside and two from the inside. He stated that the actual useable space of the warming house that would be used by skaters and for classroom space is only 20 by 22 feet. He stated that reducing that size would really limit is usability. April 19,2022 Mendota Heights City Council Page 6 of 10 page 9 Councilor Paper commented that this might be the biggest disappointment in his 11 years of City service. To see the construction costs at these high numbers is disgusting as this is a simple building. He stated that regardless of the federal and state funding, he believes that this project should wait. The estimated cost of$250,000 was a lot and now the bid is showing $660,000 without any pavement. He stated that if the grant is lost,it is lost,and he did not believe that was a reason enough to move forward. He commented that even though this would be a year-round facility,there is not enough value for this cost. He stated that he wants to see this project completed, but the cost is too high for what would be received. Councilor Mazzitello stated that he programed this project as Public Works Director 11 years ago into the capital improvement plan and it got bumped each year. He stated that this is the most needed parks project in the city, in his opinion. He stated that these bids are two times the estimated cost. He asked what would be the ramifications of returning the grant money that is not used. Director Ruzek replied that based off COVID issues he did not believe the City could be held negatively for not being able to complete the project. He stated that the City already requested and received a 10-month extension to September 2022. Councilor Mazzitello commented that the City has a design for the facility, and suggested rejecting the bids and rebidding the project in January 2023, when contractor schedules are not full, and materials are available. Mayor Levine commented that while she agrees with the sentiment, she cannot approve a million-dollar enhanced warming house. She stated that initially this was a $40,000 building that has been enhanced. She stated that because of the grant,they suffered from mission creep. She stated that perhaps the mission of the park needs to be reevaluated as the warming house will need to be replaced. She believed perhaps a plan B would need to be developed, although she was unsure what that would look like. Councilor Miller moved to adopt RESOLUTION 2022-28 REJECTING BIDS FOR THE WENTWORTH WARMING HOUSE PROJECT. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 D) MEMORANDUM OF UNDERSTANDING WITH INDEPENDENT SCHOOL DISTRICT 197 FOR SIBLEY PARK City Administrator Cheryl Jacobson stated the Council was being asked to consider a Memorandum of Understanding with Independent School District(ISD) 197 as part of the Sibley Park land transfer. Mayor Levine asked for input on the discussion of the School Board at their meeting the previous night. Administrator Jacobson replied that she has not received an update but noted that prior to the meeting,the Superintendent felt that the Board was in favor and the item would be on a future consent agenda. Mayor Levine asked the City Attorney to provide an update on the transfer process. City Attorney Elliott Knetsch replied that the City owes $20,000 each year until the existing agreement expires. He noted that the City would no longer pay that amount of money and would covey that land to the School District. If approved, staff would prepare a purchase agreement which would transfer the title of the property. He commented that the process should not take long if both parties are in agreement. April 19,2022 Mendota Heights City Council Page 7 of 10 page 10 Councilor Paper asked if the prioritization would still be reflective of what is stated on page 89. Administrator Jacobson stated that she was told by the School District that if this purchase is approved, the priority would continue as defined in the agreement. She acknowledged that the agreement was written in 1989 or 1990 and there are some groups identified that are not entirely clear and provided examples. Councilor Mazzitello moved to approve MEMORANDUM OF UNDERSTANDING WITH ISD 197 FOR THE TRANSFER OF THE SIBLEY PARK PROPERTY. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 E) SUPPORT NO MOW MAY 2022 Natural Resources Coordinator Krista Spreiter stated the Council was being asked to support "No Mow May" in Mendota Heights. Councilor Paper asked if this is exclusive to residents and whether the parks department would continue maintenance. Coordinator Spreiter confirmed that the parks department would continue normal maintenance activities. She was unsure, with the cooler spring weather conditions, whether the parks would be mowed in May. She noted that the parks are supporting pollinators in other methods such as pollinator friendly plantings and no mow areas. Councilor Mazzitello asked if there was a reduction in mowing early in the season to allow non field areas to grow longer and blooms to grow in support of pollinators. Public Works Director Ryan Ruzek replied that the fields and high traffic areas will be mowed as usual. He noted that 10 to 12 areas were identified as part of a no mow initiative. If the areas become too high, staff may complete high mowing to prevent problems later in the season. He stated that no mow grass and native plantings will continue to be incorporated into park areas as the Council as identified $10,000 in the budget each year to support that initiative. Mayor Levine recognized that the City is joining many other cities in this initiative and she encouraged residents to participate. Councilor Mazzitello asked if the City would need to formally suspend the related section of City Code requiring mowing or whether that would be implied in the motion. Mayor Levine confirmed that is included in the action. Councilor Miller moved to SUPPORT NO MOW MAY IN THE CITY OF MENDOTA HEIGHTS. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 April 19,2022 Mendota Heights City Council Page 8 of 10 page 11 F)REVIEW FIRST QUARTER CITY COUNCIL STRATEGIC PRIORITIES AND CITY FINANCIAL REPORT City Administrator Cheryl Jacobson provided the Council with updates on the strategic priorities for the first quarter. Finance Director Kristen Schabacker reviewed the financial progress report for the first quarter. Mayor Levine asked if this is the first time the budget to actual report has been included, noting that it is nice to see and track the budget progress. Director Schabacker noted that it was included the previous year in updates. Councilor Mazzitello referenced the section "enhance City governance and services" and noticed that establishing a farmers market was marked complete. He stated that he understands that the Saint Paul Grower Association declined to expand and asked if the City has other options. Administrator Jacobson replied that she has been working on this with Mayor Levine to review a few possibilities. She stated that there are private businesses that will come to a city to facilitate a farmers market. She stated that one group is looking at an area layout and could possibly be a makers market that would feature produce, and also other Minnesota made items. She stated that if a farmers market is desired, that would take considerable staff support to coordinate. She stated that if the City would like to sponsor that, it could be discussed as a budget item for 2023. Councilor Mazzitello commented that he would support a public private partnership where a local business or group would host and take on the scheduling of the market. Administrator Jacobson agreed. Mayor Levine noted that the item should not be marked as complete but rather ongoing. She stated that a farmers market seems to take at least one year of planning. She asked that the item be updated as ongoing rather than completed. She asked if the Citizens Academy is different than the CERT program. City Administrator Cheryl Jacobson commented that she believed that was an idea from Mayor Levine. Mayor Levine commented that the intent was for it to be marketed to students so that should be further discussed. She noted that the Council had a tabletop training exercise related to emergency management operations prior to tonight's meeting. She stated that establishing a Natural Resources Commission and a volunteer program can be marked as completed. She recognized the progress that has been made in addition to the daily operations of the City. City Administrator Cheryl Jacobson complimented staff on the amount of work they are doing as this is just one set of items to do. She agreed that there is a lot of other work being completed that is not included in the list but is still a priority. COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced the upcoming community events. April 19,2022 Mendota Heights City Council Page 9 of 10 page 12 COUNCIL COMMENTS Councilor Miller stated that he had the opportunity to attend the Fireman's Annual Retirement Dinner where two members were recognized that collectively provided 82 years of service to the community. He commented that level of service and commitment is not frequently seen in the world today. Councilor Paper commented that Earth Day is coming up and encouraged residents to get outside. Councilor Mazzitello commented that there were a lot of items on the agenda pertaining to parks and natural resources, which is new for the City. He commented that because the City is almost fully built out, the focus will turn to amenities for the residents. He was disappointed about the high bids for the Wentworth warming house and acknowledged that project is still needed. He encouraged drivers to be aware of pedestrians and encouraged pedestrians to wear reflective garments. Mayor Levine stated that she noticed the street sweepers are out and asked residents to keep vehicles off the street while the sweeping is occurring. She thanked and congratulated the new members of the Natural Resources Commission. She stated that staff recently participated in a mentorship program at Two Rivers High School and thanked those members that participated. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 8:06 p.m. Stephanie Levine Mayor ATTEST: Lord Smith City Clerk April 19,2022 Mendota Heights City Council Page 10 of 10 page 13 5b. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Council Work Session Held Tuesday, April 19, 2022 Pursuant to due call and notice thereof, a work session of the Mendota Heights City Council was held 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 Mazzitello and Paper were also present. Councilors Duggan and Miller were absent. Staff in attendance included City Administrator Cheryl Jacobson, Chief of Police Kelly McCarthy, Assistant City Administrator Kelly Torkelson, Community Development Director Tim Benetti, Finance Director Kristen Schabacker, and City Clerk Lorri Smith. INCIDENT RESPONSE TRAINING EXERCISE Police Chief McCarthy reviewed with the City Councilors an incident response training exercise. ADJOURN Mayor Levine adjourned the meeting at 5:20 pm. Stephanie Levine, Mayor ATTEST: Lorri Smith, City Clerk page 14 CITY OF MENDOTA HEIGHTS 5c. DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Joint City Council—Parks Recreation Commission Work Session Held April 25, 2022 Pursuant to due call and notice thereof, a work session of the City Council and the Parks and Recreation Commission,City of Mendota Heights,Minnesota was held at Mendota Heights City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 6:00 p.m. Council members Mazzitello and Paper were present. Councilors Duggan and Miller were absent. Parks and Recreation Commission members present included Commissioners Klepperich, Blanks, Cotter, Meyer, Sherer and Muller. Staff in attendance included Cheryl Jacobson, City Administrator, Kristen Schabacker, Finance Director, Ryan Ruzek, Public Works Director, Meredith Lawrence, Parks and Recreation Manager. Public in attendance included resident John Maczko. PARKS AND RECREATION BUDGET DISCUSSION Parks and Recreation Manager Meredith Lawrence stated that the purpose of the meeting was to follow up on prior strategic planning meetings and the identification of park projects through the capital improvement program. Manager Lawrence provided a review of the fiscal year 2023 budget timeline and discussed the types of budget needs that exist in the parks system including ongoing annual maintenance, scheduled improvements, repairs and replacements, and park enhancements. Finance Director Kristen Schabacker and Councilor Mazzitello provided an explanation and clarification of franchise fees as a potential parks project funding source. Manager Lawrence provided a summary of the city's financial investment in parks and stated that from 2009 to 2019 the city's Special Parks Fund was the primary source of funding. It was noted that the use of special parks funds was limited based on statutory definitions. Commissioner Meyer asked how the city may get back to using special parks funds for a majority of projects. Manager Lawrence reviewed the parks capital improvement plan for fiscal year 2022 and noted projects which have been approved and funding committed and those that have yet to be approved. The Council and Commission asked for a summary of the Wentworth warming house project. Public Works Director Ryan Ruzek stated that the bids were rejected due to bids being significantly over budget. The group speculated that higher than expected costs could be attributed to timing of the year page 15 that the project was bid, the war and COVID-19 supply chain issues. Councilor Mazzitello suggested the project be rebid in January of 2023. Commissioner Klepperich asked about remote light activation for pickleball and timer costs. Commissioner Muller noted that the lights are bright. Commissioner Sherer noted that the footprint of the lights is small. Manager Lawrence stated the timer would be added to the project list and considered in the budget process. Councilor Paper asked about the playground replacement at Valley Park and whether the replacement was based on need or is time based. Those in attendance discussed the process for replacing city park equipment. Audience member John Maczko spoke about his experience with asset management systems for condition rating to determine replacement. Manager Lawrence reviewed the remaining years capital improvement plans noting that proposed for fiscal year 2023 there is approximately $987,000 in needed parks projects and an additional $50,000 in desired improvements. Finance Director Kristen Schabacker provided an overview of the Par 3 bond payments and the final payment of approximately $175,000 which is included in the fiscal year 2022 budget. Director Schabacker also noted that the Special Parks Fund has a balance of approximately $503,000. Mayor Levine stated that the city's annual budget, which is levied, includes parks funding. She noted that given the needs identified in the capital improvement plan, that an annual stream of approximately $300,000 is identified. Manager Lawrence directed the group to consider ideas for fiscal year 2023 budget inclusion. The city's skatepark was discussed as a priority. Manager Lawrence noted that the commission will be conducting public engagement and suggested that the purpose of the engagement is to seek input on recreational programming across all ages and not to generate a facility wish list since one already exists. Mayor Levine highlighted the need for spaces where residents can gather and spend time in the city's parks. She noted that needs may be shade trees, or picnic tables. ADJOURN Mayor Levine adjourned the meeting at 8:25 pm. Stephanie Levine, Mayor ATTEST: Lorri Smith, City Clerk April 25, 2022 Mendota Heights Council Workshop Page 2 page 16 APPROVED:04/26/2022 5d. 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 ofAzenda 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 next to the building." And on page two, the last line, it should state, "...equipment ffffd 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 Hearin-s 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. page 17 APPROVED:04/26/2022 Dan Myhra, Myra Design Group, commented that they would switch out the Japanese lilac tree with the service berry trees, as 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. page 18 APPROVED:04/26/2022 Peter Molinaro, applicant, stated that the pool company is reputable and would be used to shut down 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 page 19 APPROVED:04/26/2022 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 933-261 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. 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. page 20 APPROVED:04/26/2022 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. page 21 APPROVED:04/26/2022 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 page 22 APPROVED:04/26/2022 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. Staff Announcements/Updates Public Works Director Ryan Ruzek gave the following verbal review: • The Council approved the conditional use permit for the wireless facility noting that the applicant provided a fence plan meeting the recommendations of the Commission. Adjournment COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO ADJOURN THE MEETING AT 7:38 P.M. AYES: 6 NAYS: 0 page 23 5e. 1101 Victoria Curve I Mendota Heights,MN 55118 651.452.1850 phone I 651.452.8940 fax www.mendota-heights.cnm OF MENDOTA HEIGHTS Request for City Council Action DATE: May 3, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2022-31 Approve Master Partnership Contract with the Minnesota Department of Transportation INTRODUCTION The Council is asked to approve a Master Partnership Contract with the Minnesota State Department of Transportation (MnDOT). BACKGROUND The City of Mendota Heights has a number of transportation facilities traversing the City that are the property of the Minnesota State Department of Transportation (MnDOT). The City has our own street network and utility lines that cross these state facilities at multiple locations. From time to time it becomes necessary to execute work orders on these facilities in a cooperative arrangement between the City and MnDOT. The attached Master Partnership Contract would allow for the City and MnDOT to execute work orders on each other's behalf without having to execute separate agreements for each individual work order. DISCUSSION This agreement is a renewal of the existing Master Partnership Contract with MnDOT. The City has fostered an excellent working relationship between the two agencies. This Master Partnership Contract continues that relationship and allows for work to be executed as efficiently as possible. BUDGET IMPACT Only work orders issued to MnDOT would be paid for by the City of Mendota Heights. Any work orders issued would be within established budgetary limits. RECOMMENDATION Staff is recommending approval of the proposed Master Partnership Contract between MnDOT and the City of Mendota Heights. ACTION REQUIRED If Council wished to act on the staff recommendation,pass a motion adopting Resolution 2022- 31, RESOLUTION APPROVING A MASTER PARTNERSHIP CONTRACT WITH THE MINNESOTA STATE DEPARTMENT OF TRANSPORTATION. This action requires a simple majority vote. page 24 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-31 RESOLUTION APPROVING A MASTER PARTNERSHIP CONTRACT WITH THE MINNESOTA STATE DEPARTMENT OF TRANSPORTATION WHEREAS, The Minnesota Department of Transportation (MnDOT)wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and WHEREAS, MnDOT and local governments are authorized by Minnesota Statutes sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and WHEREAS, the parties wish to able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write"work orders" against a master contract would provide the greatest speed and flexibility in responding to identified needs. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Mendota Heights: 1. Enters into a Master Partnership Contract with the Minnesota Department of Transportation, a copy of which was before the Council; and 2. That the City of Mendota Heights Public Works Director and/or City Administrator are authorized to execute such contract and any amendments thereto; and 3. That the Public Works Director and/or City Administrator are authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or from MnDOT, and that the Public Works Director and/or City Administrator may execute such work order contracts on behalf of the City of Mendota Heights without further approval by this Council. Adopted by the City Council of the City of Mendota Heights this 3rd day of May 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS By: Stephanie Levine, Mayor ATTEST: Lord Smith, City Clerk page 25 MDEPARTMENT OF TRANSPORTATION MnDOT Contract Number: 1050179 STATE OF MINNESOTA MASTER PARTNERSHIP CONTRACT This master contract is between the State of Minnesota, acting through its Commissioner of Transportation in this contract referred to as the "State" and the Mendota Heights City, acting through its City Council, in this contract referred to as the "Other Party." Recitals 1. The parties are authorized to enter into this contract pursuant to Minnesota Statutes, §§15.061,471.59 and 174.02. 2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 3. Each party to this contract is a "road authority' as defined by Minn. Stat. §160.02, subd. 25. 4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance. 5. Minn. Stat. §174.02, subd. 6, authorizes the Commissioner of Transportation to enter into contracts with other governmental entities for research and experimentation;for sharing facilities, equipment, staff, data, or other means of providing transportation-related services; or for other cooperative programs that promote efficiencies in providing governmental services, or that further development of innovation in transportation for the benefit of the citizens of Minnesota. 6. Each party wishes to occasionally purchase services from the other party, which the parties agree will enhance the efficiency of delivering governmental services at all levels. This Master Partnership Contract(MPC) provides a framework for the efficient handling of such requests. This MPC contains terms generally governing the relationship between the parties. When specific services are requested, the parties will (unless otherwise specified) enter into a "Work Order" contracts. 7. After the execution of this MPC, the parties may(but are not required to) enter into "Work Order" contracts. These Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific work. 8. The parties are entering into this MPC to establish terms that will govern all of the Work Orders subsequently issued under the authority of this Contract. Contract 1. Term of Master Partnership Contract; Use of Work Order Contracts; Survival of Terms 1.1. Effective Date: This contract will be effective on July 1st, 2022, or upon the date last signed by all State officials as required under Minn. Stat. § 16C.05, subd. 2, whichever occurs last. The Other Party must not begin work under this Contract until ALL required signatures have been obtained and the Other Party has been notified in writing to begin such work by the State's Authorized Representative. 1.2. Expiration Date. This Contract will expire on June 30, 2027. 1.3. Exhibits. Exhibit A is attached and incorporated into this agreement. 1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the Other Party)for each particular engagement, except for Technical Services provided by the State to the Other Party as specified in Article 2. The work order contract must specify the detailed scope of work and deliverables for that project.A party must not begin work under a work order until the work order is fully Master Partnership Contract Template 1 Updated 02/09/2022 page 26 MnDOT Contract Number: 1050179 executed. The terms of this MPC will apply to all work orders contracts issued, unless specifically varied in the work order. The Other Party understands that this MPC is not a guarantee of any payments or work order assignments, and that payments will only be issued for work actually performed under fully-executed work orders. 1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property; 17. Publicity; 18. Governing Law,Jurisdiction, and Venue; and 22. Data Disclosure. All terms of this MPC will survive with respect to any work order contract issued prior to the expiration date of the MPC. 1.6. Sample Work Order.A sample work order contract is available upon request from the State. 1.7. Definition of"Providing Party" and "Requesting Party". For the purpose of assigning certain duties and obligations in the MPC to work order contracts, the following definitions will apply throughout the MPC. "Requesting Party" is defined as the party requesting the other party to perform work under a work order contract. "Providing Party' is defined as the party performing the scope of work under a work order contract. 2. Technical Services 2.1. Technical Services include repetitive low-cost services routinely performed by the State for the Other Party. If requested and authorized by the Other Party,these services may be performed by the State for the Other Party without the execution of a work order, as these services are provided in accordance with standardized practices and processes and do not require a detailed scope of work. Exhibit A—Table of Technical Services is attached. 2.1.1. Every other service not falling under the services listed in Exhibit A will require a work order contract (If you have questions regarding whether a service is covered under 2.1.1, please contact Contract Management). 2.2. The Other Party may request the State to perform Technical Services in an informal manner, such as by the use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A request may be made via telephone, but will not be considered accepted unless acknowledged in writing by the State. 2.3. The State will promptly inform the Other Party if the State will be unable to perform the requested Technical Services. Otherwise,the State will perform the Technical Services in accordance with the State's normal processes and practices, including scheduling practices taking into account the availability of State staff and equipment. 2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State will charge the Other Party the State's then-current rate for performing the Technical Services. The then-current rate may include the State's normal and customary additives.The State will invoice the Other Party upon completion of the services, or at regular intervals not more than once monthly as agreed upon by the parties.The invoice will provide a summary of the Technical Services provided by the State during the invoice period. 3. Services Requiring a Work Order Contract 3.1. Work Order Contracts: A party may request the other party to perform any of the following services under individual work order contracts. 3.2. Professional and Technical Services.A party may provide professional and technical services upon the request of the other party. As defined by Minn. Stat. §16C.08, subd. 1, professional/technical services "means services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or recommendation; and result in the production of a report or completion of a task." Professional and technical services do not include providing supplies or materials except as incidental to performing such services. Professional and technical services include(by way of example and without limitation) cultural resources, engineering services, surveying, foundation recommendations and reports, environmental documentation, right-of-way assistance (such as performing appraisals or providing 2 page 27 MnDOT Contract Number: 1050179 relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final construction plans, graphic presentations, public relations, and facilitating open houses.A party will normally provide such services with its own personnel; however, a party's professional/technical services may also include hiring and managing outside consultants to perform work provided that a party itself provides active project management for the use of such outside consultants. 3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party. Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to snow removal, ditch spraying, roadside mowing, bituminous mill and overlay(only small projects), seal coat, bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. 3.4. Construction Administration. A party may administer roadway construction projects upon the request of the other party. Roadway construction includes (by way of example and without limitation) the construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway, lighting and signal systems, pavement mill and overlays, seal coating,guardrail installation, and channelization. These services may be performed by the Providing Party's own forces, or the Providing Party may administer outside contracts for such work. Construction administration may include letting and awarding construction contracts for such work(including state projects to be completed in conjunction with local projects).All contract administration services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work. 3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man-made disaster, natural disaster or other act of God. Emergency services includes all those services as the parties mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations. These services include, without limitation, planning, engineering, construction, maintenance, and removal and disposal services related to things such as road closures, traffic control, debris removal,flood protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. If it is not feasible to have an executed work order prior to performance of the work,the parties will promptly confer to determine whether work may be commenced without a fully-executed work order in place. If work commences without a fully-executed work order, the parties will follow up with execution of a work order as soon as feasible. 3.6. When a need is identified, the State and the Other Party will discuss the proposed work and the resources needed to perform the work. If a party desires to perform such work,the parties will negotiate the specific and detailed work tasks and cost.The State will then prepare a work order contract. Generally, a work order contract will be limited to one specific project/engagement, although "on call" work orders may be prepared for certain types of services, especially for "Technical Services" items as identified section 2.1.. The work order will also identify specific deliverables required, and timeframes for completing work. A work order must be fully executed by the parties prior to work being commenced.The Other Party will not be paid for work performed prior to execution of a work order contract and authorization by the State. 4. Responsibilities of the Providing Party 4.1. Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work order contracts. 4.1.1. Each work order will identify an Authorized Representative for each party. Each party's authorized representative is responsible for administering the work order, and has the authority to make any decisions regarding the work, and to give and receive any notices required or permitted under this MPC or the work order. 4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer(Project Engineer), to be in responsible charge of the project(s)and to supervise and direct the work to be performed under each work order contract. For services not requiring an engineer, the Providing Party will 3 page 28 MnDOT Contract Number: 1050179 furnish and assign another responsible employee to be in charge of the project.The services of the Providing Party under a work order contract may not be otherwise assigned, sublet, or transferred unless approved in writing by the Requesting Party's authorized representative. This written consent will in no way relieve the Providing Party from its primary responsibility for the work. 4.1.3. If the Other Party is the Providing Party, the Project Engineer may request in writing specific engineering and/or technical services from the State, pursuant to Minn. Stat. Section 161.39. The work order Contract will require the Other Party to deposit payment in advance. The costs and expenses will include the current State additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work order contract is fully executed are considered unauthorized and undertaken at the risk of non- payment. 4.1.5. In connection with the performance of this contract and any work orders issued, the Providing Agency will comply with all applicable Federal and State laws and regulations. When the Providing Party is authorized or permitted to award contracts in connection with any work order,the Providing Party will require and cause its contractors and subcontractors to comply with all Federal and State laws and regulations. 4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to all work orders for Roadway Maintenance. 4.2.1. Unless otherwise provided for by contract or work order, the Providing Party must obtain all permits and sanctions that may be required for the proper and lawful performance of the work. 4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals, policies and operations. 4.2.3. The Providing Party must use State-approved materials, including (by way of example and without limitation), sign posts, sign sheeting, and de-icing and anti-icing chemicals. 4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will apply to all work order contracts for construction administration. 4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance with state law. 4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the contract amount. The Providing Party will take all necessary action to make claims against such bonds in the event of any default by the contractor. 4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the Minnesota Department of Transportation Standard Specifications for Construction. 4.3.4. For work performed on State right-of-way, contractor(s) must be required to indemnify and hold the State harmless against any loss incurred with respect to the performance of the contracted work, and must be required to provide evidence of insurance coverage commensurate with project risk. 4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law. 4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations, including but not limited to applicable human rights/anti-discrimination laws and laws concerning the participation of Disadvantaged Business Enterprises in federally-assisted contracts. 4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing rights of way, easement, and construction permits for its portion of the improvements. Each party will, upon the other's request,furnish copies of right of way certificates, easements, and construction permits. 4 page 29 MnDOT Contract Number: 1050179 4.3.8. The Providing Party may approve minor changes to the Requesting Party's portion of the project work if such changes do not increase the Requesting Party's cost obligation under the applicable work order contract. 4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the Requesting Party's written approval, and the execution of a proper amendment to the applicable work order contract when necessary. The Other Party will tender the processing and defense of any such claims to the State upon the State's request. 4.3.10. The Other Party must coordinate all trunk highway work affecting any utilities with the State's Utilities Office. 4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party. 4.3.12. If the Other Party is the Providing Party, and there is work performed on the trunk highway right-of- way,the following will apply: a. The Other Party will have a permit to perform the work on the trunk highway. The State may revoke this permit if the work is not being performed in a safe, proper and skillful manner, or if the contractor is violating the terms of any law, regulation, or permit applicable to the work. The State will have no liability to the Other Party, or its contractor, if work is suspended or stopped due to any such condition or concern. b. The Other Party will require its contractor to conduct all traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices. c. The Other Party will require its contractor to comply with the terms of all permits issued for the project including, but not limited to, National Pollutant Discharge Elimination System (NPDES) and other environmental permits. d. All improvements constructed on the State's right-of-way will become the property of the State. 5. Responsibilities of the Requesting Party 5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in its possession relating to the project that may be of use to the Providing Party in performing the work. 5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be promptly returned upon the Requesting Party's request or upon the expiration or termination of this contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other applicable law). 5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the Requesting Party before proceeding with the part of the project affected. The Providing Party will investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a method for furnishing corrected data. Delay in furnishing data will not be considered justification for an adjustment in compensation. 5.4. The State will provide to the Other Party copies of any Trunk Highway fund clauses to be included in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway Construction, that are different from those required for State Aid construction. 5.5. The Requesting Party will perform final reviews and inspections of its portion of the project work. If the work is found to have been completed in accordance with the work order contract, the Requesting Party will promptly release any remaining funds due the Providing Party for the Project(s). 5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party. 6. Time 6.1. In the performance of project work under a work order contract,time is of the essence. 7. Consideration and Payment 5 page 30 MnDOT Contract Number: 1050179 7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The State's normal and customary additives will apply to work performed by the State, unless otherwise specified in the work order. The State's normal and customary additives will not apply if the parties agree to a "lump sum" or "unit rate" payment. 7.2. State's Maximum Obligation. The total compensation to be paid by the State to the Other Party under all work order contracts issued pursuant to this MPC will not exceed $500,000.00. 7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing Party's services, and unless otherwise specifically set forth in an applicable work order contract,the Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the Providing Party in performing any work order contract. In those cases where the State agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than provided in the current"MnDOT Travel Regulations" a copy of which is on file with and available from the MnDOT District Office. The Other Party will not be reimbursed for travel and subsistence expenses incurred outside of Minnesota unless it has received the State's prior written approval for such travel. 7.4. Payment 7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work order, and will make prompt payment in accordance with Minnesota law. 7.4.2. Payment by the Other Party. a. The Other Party will make payment to the order of the Commissioner of Transportation. b. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE "MNDOT CONTRACT NUMBER" SHOWN ON THE FACE PAGE OF THIS CONTRACT AND THE "INVOICE NUMBER" ON THE INVOICE RECEIVED FROM MNDOT. c. Remit payment to the address below: MnDOT Attn: Cash Accounting RE: MnDOT Contract Number 1050179W[XX] and Invoice Number: 00000[#####] (see note above) Mail Stop 215 395 John Ireland Blvd St. Paul, MN 55155 7.4.3. Payment by the State. a. Generally. The State will promptly pay the Other Party after the Other Party presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted as specified in the applicable work order, but no more frequently than monthly. b. Retainage for Professional and Technical Services. For work orders for professional and technical services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90 percent of the amount due under any work order contract may be paid until the final product of the work order contract has been reviewed by the State's authorized representative. The balance due will be paid when the State's authorized representative determines that the Other Party has satisfactorily fulfilled all the terms of the work order contract. 8. Conditions of Payment 8.1. All work performed by the Providing Party under a work order contract must be performed to the Requesting Party's satisfaction, as determined at the sole and reasonable discretion of the Requesting Party's Authorized Representative and in accordance with all applicable federal and state laws, rules, and 6 page 31 MnDOT Contract Number: 1050179 regulations. The Providing Party will not receive payment for work found by the Requesting Party to be unsatisfactory or performed in violation of federal or state law. 9. State's Authorized Representative and Project Manager 9.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the responsibility to monitor the State's performance. 9.2. The State's Project Manager will be identified in each work order contract. 10. Other Party's Authorized Representative and Project Manager 10.1. The Other Party's Authorized Representative for administering this master contract is the Other Party's Engineer, and the Engineer has the responsibility to monitor the Other Party's performance. The Other Party's Authorized Representative is also authorized to execute work order contracts on behalf of the Other Party without approval of each proposed work order contract by its governing body. 10.2. The Other Party's Project Manager will be identified in each work order contract. 11. Assignment,Amendments, Waiver, and Contract Complete 11.1. Assignment. Neither party may assign or transfer any rights or obligations under this MPC or any work order contract without the prior consent of the other and a fully executed Assignment Contract, executed and approved by the same parties who executed and approved this MPC, or their successors in office. 11.2. Amendments.Any amendment to this master contract or any work order contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that failure does not waive the provision or the party's right to subsequently enforce it. 11.4. Contract Complete. This master contract and any work order contract contain all negotiations and contracts between the State and the Other Party. No other understanding regarding this master contract or any work order contract issued hereunder,whether written or oral may be used to bind either party. 12. Liability 12.1. Each party will be responsible for its own acts and omissions to the extent provided by law. The Other Party's liability is governed by Minn. Stat. chapter 466 and other applicable law. The State's liability is governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any legal remedies a party may have for the other party's failure to fulfill its obligations under this master contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A Providing Party under any work order is acting only as a "Contractor" to the Requesting Party, as the term "Contractor" is defined in Minn. Stat. §11513.03 (subd. 10), and is entitled to the protections afforded to a "Contractor" by the Minnesota Environmental Response and Liability Act. The parties specifically intend that Minn. Stat. §471.59 subd. 1a will apply to any work undertaken under this MPC and any work order issued hereunder. 13. State Audits 13.1. Under Minn. Stat. § 16C.05, subd. 5, the party's books, records, documents, and accounting procedures and practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or Legislative Auditor, as appropriate,for a minimum of six years from the end of this MPC. 14. Government Data Practices and Intellectual Property 14.1. Government Data Practices. The Other Party and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this MPC and any work order contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Other Party under this MPC and any work order contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Other Party or the State. 14.2. Intellectual Property Rights 7 page 32 MnDOT Contract Number: 1050179 14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents,trade secrets, trademarks, and service marks in the Works and Documents created and paid for under work order contracts. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials,tapes, and disks conceived, reduced to practice, created or originated by the Providing Party, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this master contract or any work order contract. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials,tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or contractors, in the performance of a work order contract. The Documents will be the exclusive property of the Requesting Party and all such Documents must be immediately returned to the Requesting Party by the Providing Party upon completion or cancellation of the work order contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire."The Providing Party Government assigns all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The Providing Party must, at the request of the Requesting Party, execute all papers and perform all other acts necessary to transfer or record the Requesting Party's ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an irrevocable and royalty-free license to use such intellectual property for its own non-commercial purposes, including dissemination to political subdivisions of the state of Minnesota and to transportation-related agencies such as the American Association of State Highway and Transportation Officials. 14.2.2. Obligations with Respect to Intellectual Property. a. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Providing Party, including its employees and subcontractors, in the performance of the work order contract,the Providing Party will immediately give the Requesting Party's Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. b. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain any interest in and to the Works and Documents. 15. Affirmative Action 15.1. The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to Minn. Stat. §363A.36. Pursuant to that Statute, the Other Party is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition,when the Other Party lets a contract for the performance of work under a work order issued pursuant to this MPC, it must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof: 15.2. Covered Contracts and Contractors. If the Contract exceeds$100,000 and the Contractor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600.A Contractor covered by Minn. Stat. § 363A.36 because it employed more than 40 full-time employees in another state and does not have a certificate of compliance, must certify that it is in compliance with federal affirmative action requirements. 8 page 33 MnDOT Contract Number: 1050179 15.3. Minn. Stat. § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan for the employment of minority persons,women, and qualified disabled individuals approved by the Minnesota Commissioner of Human Rights ("Commissioner") as indicated by a certificate of compliance. The law addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. 15.4. Minn. R. Parts 5000.3400-5000.3600. 15.4.1. General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a contractor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non- compliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and 5000.3552-5000.3559. 15.4.2. Disabled Workers. The Contractor must comply with the following affirmative action requirements for disabled workers: a. The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified.The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. b. The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. c. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. Section 363A.36, and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. d. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. e. The Contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minn. Stat. Section 363A.36, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. 15.4.3. Consequences. The consequences for the Contractor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part of this contract by the Commissioner or the State. 15.4.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for noncompliance. 16. Workers' Compensation 9 page 34 MnDOT Contract Number: 1050179 16.1. Each party will be responsible for its own employees for any workers compensation claims. This MPC, and any work order contracts issued hereunder, are not intended to constitute an interchange of government employees under Minn. Stat. §15.53. To the extent that this MPC, or any work order issued hereunder, is determined to be subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict between the contract and the statute. 17. Publicity 17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the Requesting Party must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Other Party individually or jointly with others, or any subcontractors,with respect to the program, publications, or services provided resulting from a work order contract. 17.2. Data Practices Act. Section 17.1 is not intended to override the Other Party's responsibilities under the Minnesota Government Data Practices Act. 18. Governing Law,Jurisdiction, and Venue 18.1. Minnesota law,without regard to its choice-of-law provisions, governs this master contract and all work order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 19. Prompt Payment; Payment to Subcontractors 19.1. The parties must make prompt payment of their obligations in accordance with applicable law. As required by Minn. Stat. § 16A.1245,when the Other Party lets a contract for work pursuant to any work order, the Other Party must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days of the prime contractor's receipt of payment from the Other Party for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 20. Minn. Stat. § 181.59. 20.1. The Other Party will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor agrees: (1)That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2)That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3)That a violation of this section is a misdemeanor; and (4)That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 21. Termination; Suspension 21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the Other Party. Upon termination, the Other Party and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.2. Termination by the Other Party for Convenience. The Other Party may cancel this MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the State. Upon termination, 10 page 35 MnDOT Contract Number: 1050179 the Other Party and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this MPC and any work order contract 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 or suspension must be by written or fax notice to the Other Party. The State is not obligated to pay for any services that are provided after notice and effective date of termination or suspension. However,the Other Party will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the master contract or work order is terminated because of the decision of the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the Other Party notice of the lack of funding within a reasonable time of the State's receiving that notice. 22. Data Disclosure 22.1. Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Other Party consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Other Party to file state tax returns and pay delinquent state tax liabilities, if any. 23. Defense of Claims and Lawsuits 23.1. If any lawsuit or claim is filed by a third party (including but not limited to the Other Party's contractors and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this MPC, the Other Party will, at the discretion of and upon the request of the State, tender the defense of such claims to the State or allow the State to participate in the defense of such claims. The Other Party will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the work.The Other Party will not purport to represent the State in any litigation, settlement, or alternative dispute resolution process.The State will not be responsible for any judgment entered against the Other Party, and will not be bound by the terms of any settlement entered into by the Other Party except with the written approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law. 24. Additional Provisions 24.1. NONE [THE BALANCE OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK] 11 page 36 MnDOT Contract Number: 1050179 OTHER PARTY COMMISSIONER OF TRANSPORTATION The Other Party certifies that the appropriate person(s) have executed the contract on behalf of the Other Party By: as required by applicable articles, bylaws, resolutions or ordinances. 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BACKGROUND The city of Mendota Heights received a petition for vacating drainage and utility easements on Lot 1, Block 1, Mendota Plaza Expansion Second Addition. A copy plat is attached which shows the easement areas that were dedicated. DISCUSSION The City of Mendota Heights recently approved Phase II of the Reserve in the Mendota Plaza PUD. This new development requires modifications to the drainage and utility easements. The Lot 1, Block 1 parcel proposed for development has reconfigured utility layouts which do not align with the previously dedicated utility easements. A petition was received to vacate the existing drainage and utility easements for an underground storm water treatment device, a sanitary sewer service line, and a water service line. New easements will be granted to the city for the underground storm water treatment device and for a sanitary sewer lift station. The lift station and storm water treatment device are privately owned and maintained by the property owner but the city will retain an easement as a legal means to access these utilities in case of emergency. The service line easements for the sanitary sewer and water are no longer required as they are only serving a single occupant and are not shared based on the former PUD. Notices will be sent to all properties within the Mendota Plaza plat and all properties within 350 feet of the property. BUDGET IMPACT The Mendota Heights fee schedule includes a required $250 application fee to cover mailing, recording fees and staff time. page 43 RECOMMENDATION Staff recommends that Council approve the resolution calling for a public hearing. ACTION REQUIRED Staff recommends that the City Council pass a motion adopting Resolution No. 2022-32, "RESOLUTION CALLING FOR A PUBLIC HEARING ON AN EASEMENT VACATION COMMENCED BY PETITION". This action requires a simple majority vote. page 44 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO.2022-32 RESOLUTION CALLING FOR A PUBLIC HEARING ON AN EASEMENT VACATION COMMENCED BY PETITION WHEREAS, the City Council,pursuant to Minnesota Statute §412.851, desires to vacate platted drainage and utility easements on Lot 1, Block 1, Mendota Plaza Expansion Second Addition, Dakota County, Minnesota; and NOW THEREFORE, BE IT RESOLVED,the Mendota Heights City Council will consider the vacation of easements and a public hearing shall be held on such proposed vacation on the 7th day of June, 2022, before the City Council in the Mendota Heights City Hall located at 1101 Victoria Curve at 6:00 p.m. The City Clerk is hereby directed to give published,posted, and mailed notice of such hearing as required by law. Adopted by the City Council of the City of Mendota Heights this seventeenth day of May, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS BY ATTEST Stephanie Levine,Mayor BY Lorri Smith, City Clerk U N 04 O p 00 N v u> w A w r - n o L ¢ a 3 W X J �yJ ea� oz O N 0 - - O4 f0)O p O �f W10 - z 10 W \ Z O \ i Z c) Iz Wwaco Q \ wl J I Z O c� w w ;> co - W W 'n Z �c p Q Z c V U OU Q l U) NO Z W O_ TU) + Z a -¢ F` w Z)X j W c� Q o Cc<N O c) Z r—i W O u>d c c a> � bj Q oOr > \ aZ= > 0 0:28 c p U y Q>2 O �COp O Z c op: O J 0 U O c p 1 O¢ v a I M u wL Z i u, Z� � 0z o x@ xm E • Ok'� azs z o a O w^ I e W _ _ _ rmwvexa m�e vinmv n avie+o��asva-- 3.86,f LOOS 'e2/.400 I N ',1 Q I ad \es la~O -g H X '' �2 �a O W I I I C / fi C I may_ —�—� I — A r .T � N I� � g 3 F / 1eO�A \\ / gti I �9•',"F�SY r' li.'s I ��y "i_ l.;"�Ad \ / O .- � j �E,i•.re.sawx q.�oy.E I' •,��' $�I ��`'�'�z� \ � �_ Z N0LU I a a \\ X --------------- fl cogl Ivy P "b , I page 47 5g. 1101 Victoria Curve I Mendota Heights,MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-helghts.com mCITY OF MENDaTA HEIGHTS Request for City Council Action DATE: May 3, 2022 TO: Mayor, City Council, and City Administrator FROM: Meredith Lawrence, Parks and Recreation Manager SUBJECT: Award Contract for Tennis Court Resurfacing at Friendly Hills Park INTRODUCTION The City Council is asked to approve a contract to resurface the two tennis courts at Friendly Hills Park. BACKGROUND The tennis court surface at Friendly Hills Park is quickly deteriorating and resurfacing work is necessary in order to prevent a full reconstruction in the next year. This project has been included in the city's Capital Improvement Plan and the FY2022 budget included $25,000 for the project. The scope of the project includes: cleaning the surface and removing debris;patching low areas of depth; cleaning cracks and control joints of loose material; filling 1" of cracks and control joints using an acrylic patch;priming problem areas to enhance bonding of the new surface application; applying two coats of black sand fortified acrylic filler coat; applying two coats of texture acrylic to the entire court surface; and painting of primer and two sets of 2" white lines in accordance to USTA layout specifications. The courts will have a dark green play area and light green out of bounds area—the same as the current court colors. Staff contacted five tennis court contractors to obtain quotes and received quotes from three contractors which are as follows: • C&H Sport Surface, Inc.=$12,995 • ATE Recreation=$17,575 • Surface Pro=$19,800 Staff is unaware of the City utilizing C&H Sport Surface for past projects, so references were requested and positive feedback was received from nearby cities. The project is estimated to be completed by late July. page 48 BUDGET IMPACT Included in the FY2022 budget was $25,000 for the tennis court resurfacing at Friendly Hills Park utilizing Fund Balance. ACTION RECOMMENDED Staff recommends the approval of a contract with C&H Sport Surface, Inc. for the resurfacing of the Friendly Hills Park tennis courts for $12,995. ACTION REQUESTED If the City Council concurs, it should,by motion, approve a contract with C&H Sport Surface, Inc. to resurface the tennis courts at Friendly Hills Park for $12,995. page 49 5h. 1101 Victoria Curve I Mendota Heights, 651.452.1850 phone I 651.452.8940 fax www.mendota-heights.cnm OF MENDOTA HEIGHTS Request for City Council Action DATE: May 3, 2022 TO: Mayor, City Council, and City Administrator FROM: Bobby Crane, Sr. Engineering Technician SUBJECT: Resolution 2022-33 Accept Bids and Award Contract for the 2022 Sanitary Sewer Cleaning and Televising Project INTRODUCTION The Council is asked to accept bids and award a contract for the 2022 Sanitary Sewer Cleaning and Televising Project. BACKGROUND The City of Mendota Heights maintains a total 74 miles of sanitary sewer pipe, including 6.5 miles of the Sanitary Interceptor Line. The City's sanitary sewer system is aging. Many of the sanitary sewer pipes are 60 years old and will soon be in need of repair. Cleaning the sanitary sewer system on a regular cycle helps extend the life of the pipes. Televising of the sanitary sewer system shows where immediate repairs are needed. Lining pipes in need of repair with cured-in-place-pipe (CIPP) extends the life of the City's sanitary sewer system. Over the past decade, from 2012 to 2016 (5 yr. cycle) and again from 2017 to 2021, the City has cleaned and televised approximately 67.5 miles of residential and commercial sanitary sewer pipes two times. During this inspection, City staff identified approximately 4.4 miles of sanitary sewer pipe in need of repair. Over the past decade, CIPP projects have rehabilitated approximately 6.5% of the City's sanitary sewer system. The portion of the Sanitary Interceptor Line (see attached map) in this proposed project was last cleaned and televised in 2009. DISCUSSION Currently, one full-time and one seasonal employee clean approximately 10 miles of pipe per year. The proposed project focuses solely on the City's Sanitary Interceptor Line that collects sanitary wastewater from smaller neighborhood sanitary sewer systems and directs it to the Metropolitan Council for wastewater treatment. This proposed project would clean and televise 2.6 miles, approximately 40%, of the Sanitary Interceptor Line. BUDGET IMPACT Five proposals (see attached resolution)were received and opened on Wednesday, April 13, 2022, for the Sanitary Sewer Televising and Cleaning Project. Pipe Services Corporation submitted the lower bid of$36,685.90. Their bid was substantially lower than the Engineer's Estimate of$86,210.75. The Engineer's Estimate was inflated by approximately 20% due to the prior year's high bid prices for large diameter pipe and the current economic inflation. page 50 The Sanitary Sewer Fund has an annual budget amount of$62,000 allocated to the cleaning and televising of the sanitary sewer system. RECOMMENDATION Staff recommends that the Council accept the bids and award the contract to Pipe Services Corporation for their bid in the amount of$36,685.90. ACTION REQUIRED If City Council wishes to implement the staff recommendation, they should pass a motion adopting A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2022 SANITARY SEWER CLEANING AND TELEVISING. This action requires a simple majority vote. page 51 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-33 A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2022 SANITARY SEWER CLEANING AND TELEVISING PROJECT WHEREAS,pursuant to an advertisement for bids for the proposed cleaning and televising of sanitary sewers to serve the area referred to as 2022 Sanitary Sewer Televising and Cleaning Project(City Project No. 202203), bids were received, opened and tabulated according to law and the following bids were received complying with said advertisement: NAME OF BIDDER AMOUNT OF BID Pipe Services Corp. $36,685.90 Hydro-Klean, LLC $42,012.50 Pipe Detectives $47,359.59 American Environmental $99,793.00 National Power Rodding Corp. $436,504.00 and WHEREAS, the Public Works Director recommends that the low bid submitted by Pipe Services Corp. of Shakopee, Minnesota, be accepted. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council as follows: 1. That the bids for the above project are hereby received and accepted. 2. That the bid of Pipe Services Corp. of Shakopee, Minnesota, submitted for the cleaning and televising of the above described project be and the same is hereby accepted. 3. That the contract be awarded to Pipe Services Corp. of Shakopee, Minnesota, and that the Mayor and Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary to consummate the awarding of said bids. Adopted by the City Council of the City of Mendota Heights this third day of May, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST Stephanie Levine,Mayor Lorri Smith, City Clerk Ln \ \\\( \\\ \\ \ \ \ � U J �� � \ 9. -1.\ \ " \ 2.\ \ 6 ` � ] \ \\� \ \\\ \\ S. \ } k % \ \ \ \ \ \ \ \ \ \ � j r \( 0 § ) \\\ \\\ \\ \ \ o 2 , 2 / _ - - - - - - - - _ - b2 _ - - - - - - - - mo : 2 : 2 § ) ) \ ) 9 k v as aaoa � �N =w W 3 W Wz mOo Sin z G w n2J �0 F LL y �- 2 Q y m 7 Q o a F� /�— yY z 2 ' Ja ID � zy r Qr wm oz f 3nH NIiE)NIX3l s I o� 4i CL 01 CD Z� 4hi ? 3 �, Z { m .� � N 06 IE �t I i f zi C � Z Z 3 ,Src =0w a L N � U W N G L T p z ' 93 nI* CD o � J page 54 5i. 1101 Victoria Curve I Mendota Heights,MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-hei g hts.com mCITY OF MENDaTA HEIGHTS Request for City Council Action DATE: May 3, 2022 TO: Mayor, City Council and City Administrator FROM: Kelly Torkelson, Assistant City Administrator Kelly McCarthy, Chief of Police SUBJECT: Resignation of Beau Jacobson and Authorization for Posting Police Officer Position INTRODUCTION The City Council is asked to accept the notice of resignation from Beau Jacobson, Police Officer, and authorize staff to begin the recruitment process to fill the vacant position. BACKGROUND Police Officer Beau Jacobson submitted a letter of resignation stating that his last day of employment with the City will be May 9, 2022. With Officer Jacobson's resignation,the city will be looking to fill the vacant position for police officer. BUDGET IMPACT The vacant police officer position is a budgeted position. Given the competitive job market, staff is requesting that the hiring salary be posted at the year 1 through year 3 range of$68,448- $83,952 annually plus benefits. Actual hiring salary will be determined on the selected candidate's qualifications and experience. RECOMMENADATION Staff recommends that the City Council accept the resignation of Police Officer Beau Jacobson and authorize staff to begin the recruitment process to fill the police officer position with the hiring salary range as recommended by the staff. REQUESTD ACTION If the City Council concurs, it should, by motion, accept the resignation notice of Police Officer Beau Jacobson and authorize staff to begin the recruitment process to fill the police officer position with the hiring salary range as recommended by staff. page 55 1101 Victoria Curve I Mendota 5j. 651.452.1850 phone 1 651. vivowww.mendota-heights.com of CITY OF MENOOTA HEIGHTS Request for City Council Action DATE: May 3, 2022 TO: Mayor, City Council, and City Administrator FROM: Lord Smith, City Clerk SUBJECT: New Massage Therapist Licenses INTRODUCTION The Council is asked to approve two new massage therapist licenses. BACKGROUND Derrick Lundberg and Mary Sage have submitted applications for massage therapist licenses to work at Green Lotus Yoga and Healing Center, 750 Main Street. The applications are complete and all fees have been paid to the City. The police department has completed the background investigation on Derrick Lundberg and found no issues or concerns. The background investigation is still in process for Mary Sage. If approved, these massage therapist licenses would be valid through June 30, 2022. RECOMMENDATION City staff recommends the Council approve the massage therapist license for Derrick Lundberg, effective through June 30, 2022. We recommend that the massage therapist license for Mary Sage be approved contingent upon a successful background investigation, effective through June 30, 2022. page 56 5 k. 1101 Victoria Curve I Mendota Heights,MN 55118 651.452.1850 phone I 651.452.8940 fax www.mendota-heights.cnm OF MENDOTA HEIGHTS Request for City Council Action DATE: May 3, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director Krista Spreiter, Natural Resources Coordinator SUBJECT: Extend Approved Wetland Delineation for Mendota Heights Apartments INTRODUCTION City Council is asked to approve a request to extend a determination of wetland boundary decision for the Mendota Heights Apartments, to be located at Lot 1, Block 1 of Mendota Plaza, Second Addition. BACKGROUND The City Council of Mendota Heights is the Local Governmental Unit(LGU)that administers Chapter 8420 of the Minnesota Wetland Conservation Act(WCA). A Wetland Delineation and Determination Report for the Mendota Heights Apartments (formerly Mendota Plaza)was originally submitted in March of 2016 and approved by City Council on May 17, 2016. The wetland boundaries are located outside of the current property boundaries and follow a retaining wall that was constructed after the 2016 delineation was approved. DISCUSSION Under Chapter 8420 of the Wetland Conservation Act, LGU decisions are valid for 5 years. However, an applicant can request an extension of an approved wetland delineation for an additional 5 years. A request for extension was submitted by Kjolhaug Environmental Services, who performed the original delineation, as well as At Home Apartments (applicant). The request and application were noticed on April 26, 2022. No comments were received by the Technical Evaluation Panel. BUDGET IMPACT None, this process is a judicial requirement of the City. If council accepts the report and request for extension, a Notice of Decision will be sent to Technical Evaluation Panel members and their respective agencies (Dakota County SWCD, BWSR, LMRWMO, and the Army Corps of Engineers), as well as the applicant and any members of the public that requested notice. RECOMMENDATION Staff recommends that City Council approve and accept the request for extension of the Wetland Delineation Report and Determination as submitted by Kjolhaug Environmental Services, and direct staff to issue the Notice of Decision. page 57 ACTION REQUIRED If Council wishes to enact the staff recommendation, it should pass a motion accepting the Wetland Delineation Report and Determination Extension, and authorize staff to issue a Notice of Decision. This action requires a simple majority vote. page 58 iL K jOLHAUG ENVIRONMENTAL SERVICES COMPANY 1an*40'r Providing Sound,Balanced,Comprehensive Natural Resource Solutions Memorandum Date: April 6, 2022 To: Krista Spreiter, City of Mendota Heights Project Manager, U.S. Army Corps of Engineers (USACE) From: Melissa Barrett, Kjolhaug Environmental Services Company (KES) CC: Leanna Stefaniak, At Home Apartments Re: Request to Extend Approved Delineation, Mendota Reserve, Mendota Heights, MN KES#2016-039/2022-049 (formerly Mendota Plaza Expansion) (MVP-2016-01312) This memo requests that the 2016 approved wetland delineation for the Mendota Reserve site be extended for an additional 5 years. The Mendota Reserve site is located in Section 25, Township 28N, Range 23W, Mendota Heights, Dakota County, Minnesota. Generally, the site is located immediately south of MN State Highway 110, and east of MN State Highway 149/Dodd Road (Figure 1). The current site limits correspond to Dakota County PID 274840201010 (address unassigned; 2.05-ac). The site was originally delineated in March 2016 by Kjolhaug Environmental Services. Copies of the Mendota Plaza Expansion Wetland Delineation Report from April 2016 can be provided if requested. The TEP approved wetland boundaries included one (1)wetland as shown on Figure 2. 2016 work also included the delineation of the outer limits of tributary segments to the north and south of the wetland. Wetland boundaries are located outside of current property boundaries, below a retaining wall and a stormwater pond that that were both constructed after the 2016 delineation was approved. The City of Mendota Heights (WCA LGU) approved the wetland delineation on May 20, 2016 and the USACE issued delineation concurrence on August 26, 2016 (Attachment A). Updated NWI, soils, PWI, and NHD figures are attached as Figures 3 through 6. Compared to the previously submitted figures, there were no changes to the NWI, soils, PWI or NHD information. 26105 Wild Rose Lane, Shorewood, Minnesota 55331, Phone: 952-401-8757, Fax: 952-401-8798 page 59 2022 Site Observations Kjolhaug Environmental Services revisited the site on April 2, 2022. A summary of the 2022 observed wetland is provided in Table 1 below. Table 1. Wetland adjacent to the Mendota Reserve site. Wetland Wetland Type Hydrology Dominant Mappe Mapped ID and Circula Eggers indicators Size r 39 Cowardin and Reed Vegetation d NWI Soils 2020 Partially Reed canary Wetland 1 drained grass, open Quam (0.21-ac Type 1 PEMAxd excavated water (pre D21 D5 offsite) wet (intermittent PEMAd dominantly hydric) meadow Upland on the site was largely comprised of a flat, graded, dirt/gravel pad that was bordered on the southwest by a vertical metal retaining wall. A stormpond excavated within what was determined to be upland in 2016, is now present in the northwest part of the site (Attachment B). Requested Approval This memo includes a Joint Application Form for Activities Affecting Water Resources in Minnesota(Attachment C), which is submitted in request to extend the approved wetland delineation an additional 5 years from the City of Mendota Heights (WCA LGU) and U.S. Army Corps of Engineers (USACE). This submittal also requests an Approved Jurisdictional Determination (AJD)for Stormpond S 1. Thank you. 2 page 60 1419 170 1920 7€9 raz 10r .. o+ rto 1 94G 1'93"7 Maple Street 'tr 1941 nr 720 11963 �S co P rJ 797 772 3 drk St 1� 750 2y c qp r Lmt'1e+ --- ,^" - -- Market Street rtaR4ver fw�ly Rnr reenwaY - �endota•Lebincn 1W ;'rernYay y,r r 1 i rr r �h MN 149 ^� ® r Q 'xaj, Wb'alr3rPens ;2 r`t SO.ith F oza L)ri v .". Legend P`,r"",c'` 7 x p•, 2022 Site Boundary ac Dakota Parcels r 78S 774 = ©OpenStreetMap(and)contributors, CC-BY-SA Figure 1 - Site Location N 0 250 Mendota Reserve Site (KES 2022-049) Mendota Heights,Minnesota Feet r Note:Boundaries indicated KTT uu AA rr����-rr on this figure are approximate joL,11_ uG FNVIROiti MF.NTAI-SFRVJCFS COMPA1.-Y and do not constitute an official survey product. �V Source:ESRI Streets Basemap page 61 Stormpond S1 Retaining Wall (>6 ft ht) 0.07-ac Flat, graded, dirt/grL l pads, Wdam O ° — ��.:-• ':.s vim..... ,' ++ ' Wetland 1 = 0.21-ac offsite �..� PEMAxd r— r + k T t w_ Legend ; . ® Stormpond 2016 Wetland Boundary 2022 Site Boundary ' 2016 Project Boundary 2016 Tributary Boundary �,w " Dakota County Lidar Figure 2 - Existing Conditions (2020 Metro Photo) N 0 125 Mendota Reserve (KES 2022-049) I I Mendota Heights, Minnesota Feet r Note:Boundaries indicated T uA r��r on this figure are approximate KjoLHAuG FNVIRONMENTAI.SFRVJCF5 COMPA1.-Y and do not constitute an � official survey product. �I Source:NINGEO Spatial Commons page 62 PUBGx PEM1C • ,'u �l'We ., mm `' M K m 9 - n PSS1Ad ,7 a :7 �p d` ; iL A , PEM1Cx dl PEM1Ad PF01Ad Figure 3 - National Wetlands Inventory N 0 150 Mendota Reserve Site (KES 2022-049) Mendota Heights,Minnesota Feet r Note:Boundaries indicated u A r��r on this figure are approximate KjoLHAuG FNVIRONMENTAI.SFRVICFS COMPA1.-Y and do not constitute an official survey product. �� Source:NINGEO Spatial Commons,USFWS page 63 lop 1029 155E 857B s 155C � a y 250 49B t, 49B 344 539 _155C zp d Po. P 857A J 1029 Legend 2022 Site Boundary Hydric/Predominantly Non-Hydric Prdominantly Non-Hydric/Non-Hydric 155C R Figure 4 - Soil Survey N 0 250 Mendota Reserve Site (KES 2022-049) Feet Mendota Heights, Minnesota r Note:Boundaries indicated �('/� u� /r on this figure are approximate l_ joL 1AuG ENVIRONMENTAI.SERVJCFS COMPAit`Y and do not constitute an � official survey product. %wr Source:NINGEO Spatial Commons,USDA,NRCS a e 64 x 1 " OPA Poo �1 0 r. ° Ow. 'r � n ¢ I S 4 , rf Y r r *1 , r ^41k , 1 � Legend Unnamed(19-103 P) 2022 Site Boundary - - - - Public Ditch/Altered Natural Watercourse Public Watercourse Public Waters Figure 5 - DNR Public Waters Inventory N 0 500 Mendota Reserve Site (KES 2022-049) Feet Mendota Heights, Minnesota r Note:Boundaries indicated �('/� u� /r on this figure are approximate l- joL 1AuG ENVIRONMENTAI-SERVJCFS COMPAN-Y and do not constitute an official survey product. Source:N M INGEO Spatial Commons, N DNR page 65 A. e .1� ik a N y r 1roiu All m F i " .q f /A rw n�'' � � •, r1� Legend 2022 Site Boundary o Hydro Junction �cl� - Canal/Ditch Connector v Figure 6 - National Hydrography Dataset N 0 250 Mendota Reserve Site (KES 2022-049) Feet Mendota Heights,Minnesota r Note:Boundaries indicated KT u A r��r on this figure are approximate joLHAuG FNVIRONMENTAI.SFRVJCFS COMPA1.-Y and do not constitute an official survey product. �ti./ Source:1VINGE0 Spatial Commons,USGS page 66 Request to Extend Approved Delineation Mendota Reserve, Mendota Heights, MN Attachment A page 67 Minnesota Wetland Conservation Act Notice of Decision Local Government Unit(LGU) Address Mendota Heights 1101 Victoria Curve Mendota Heights,MN 55118 r 1. PROJECT INFORMATION Applicant Name Project Name Date of Application Ben Carlson, Kjolhaug Mendota Plaza Expansion Application Number Pastor Properties 4/18/2016 ❑ Attach site locator map. Ty e of Decision: ® Wetland Boundary or Type ❑No-Loss ❑ Exemption ❑ Sequencing ❑ Replacement Plan ❑ Banking Plan Technical Evaluation Panel Findings and Recommendation if any): ® Approve ❑ Approve with conditions ❑ Deny Summary (or attach): LGU (Mendota Heights) &Dakota County SWCD visited the site. No conclusive evidence to contradict applicant report. No additional comments received. 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: 5/17/2016 ® Approved ❑ Approved with conditions (include below) ❑ Denied LGU Findings and Conclusions (attach additional sheets as necessary): BWSR Forms 7-1-10 Page 1 of 3 page 68 No additional comments For Replacement Plans using credits from the State Wetland Bank: Bank Account 4 Bank Service Area Co Linty Credits Approved for Withdrawal(sq. ft. or nearest .01 acre) Replacement Plan. Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: ❑Financial Assurance:For project-specific replacement that is not in-advance,a financial assurance specified by the LGU must be submitted to the LOU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). ❑Deed.Recording:For project-specific replacement,evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's office in which the replacement wetland is located. ❑ Credit Withdrawal:For replacement consisting of wetland barrlc credits,confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: Signing and hailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LOU under the Wetland Conservation Act as specified above. If additional details on the decision exist,they have been provided to the landowner and are available from the LGU upon request. Name Title Ryan Ruzek Assitant City Engineer Signature Date Phone Number and E-mail 5/20/2016 651-452-1850 ryanr@mendota-heights.corn TIUS DECISION ONLY APPLIES TO THE MTNNESOTA WETLAND CONSERVATION ACT. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. BWSR Forms 7-1-10 Page 2 of3 page 69 Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal (30 days)has expired. If this decision is reversed or revised under appeal,the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905,any appeal of this decision can only be commenced by mailing a petition for appeal,including applicable fee,within thirty(30)calendar days of the date of the mailing of this Notice to the following as indicated: Check one: ❑ Appeal of an LGU staff decision. Send ® Appeal of LGU governing body decision. petition and$50 fee(if applicable)to: Send petition and$500 filing fee to: Ryan Ruzek Executive Director City of Mendota Heights Minnesota Board of Water and Soil Resources 1101 Victoria Curve 520 Lafayette Road North Mendota Heights,MN 55118 St. Paul, MN 55155 4. LIST OF ADDRESSEES ® SWCD TEP member: Brian Watson ® BWSR TEP member: Dennis Rodacker ❑ LGU TEP member(if different than LGU Contact): ® DNR TEP member: Leslie Parris ❑ DNR Regional Office(if different than DNR TEP member) ® WD or WMO(if applicable): Brian Watson-Dakota County for SWCD for LMRWMO ® Applicant and Landowner(if different) ❑ Members of the public who requested notice: ® Corps of Engineers Project Manager ❑ BWSR Wetland Bank Coordinator(wetland bank plan decisions only) 5. MAILING INFORMATION ➢For a list of BWSR TEP representatives: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA areas.pdf );,For a list of DNR TEP representatives: www.bwsr.state.mn.us/wetlands/wea/DNR TEP contacts.pdf ➢De artment of Natural Resources Regional Offices: NW Region: NE Region: Central Region: Southern Region: Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess. Reg.Env.Assess.Ecol. Div.Ecol.Resources Div.Ecol.Resources Ecol. Div.Ecol.Resources 2115 Birchmont Beach Rd. 1201 E.Hwy.2 Div.Ecol.Resources 261 Hwy, 15 South NE Grand Rapids,MN 1200 Warner Road New Ulm,MN 56073 Bemidji,MN 56601 55744 St.Paul,MN 55106 For a map of DNR Administrative Regions, see: http://files.dnr.state.mn.us/aboutdiu•/dnr re ions.pdf ➢For a list of Corps of Project Managers: www.mvi2.usace.army.mil/re ug latory/default.asp?pageid=687 or send to: US Army Corps of Engineers St. Paul District,ATTN: OP-R 180 Fifth St. East, Suite 700 St. Paul, MN 55101-1678 BWSR Forms 7-1-10 Page 3 of 3 page 70 ➢For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul,MN 55155 6. ATTACHMENTS In addition to the site locator map, list any other attachments: ® Mendota Plaza Expansion—Delineation Report ❑ C ❑ BWSR Forms 7-1-10 Page 4 of 3 page 71 DEPARTMENT OF THE ARMY ST.PAUL DISTRICT,CORPS OF ENGINEERS I 180 FIFTH STREET EAST,SUITE 700 l ST.PAUL,MN 551 01-1 678 e REPLY To ATTENTION OF � �-— REGIJLATdRY BRANCH Regulatory File No. 2016-01312-PRH Pastor Properties c/o John Kohler 2227 University Avenue, West St. Paul, Minnesota 55114 Dear Mr. Kohler: This letter is in response to correspondence dated April 18, 2016, submitted on your behalf by Kjolhaug Environmental Services requesting Corps of Engineers (Corps) concurrence with the delineation of aquatic resources they completed for the Mendota Plaza Expansion project. The project site is located in Section 25, Township 28 North, Range 23 West, Scott County, Minnesota, as shown on the enclosed figure labeled MVP-2016-01312-PRH Page 1 of 2. We have reviewed the delineation report titled Mendota Plaza Expansion Wetland Delineation and determined that the limits of the aquatic resources have been accurately identified in accordance with current agency guidance including the Corps of Engineers Wetland Delineation Manual(1987 Manual) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region. This concurrence is only valid for the review area and boundaries shown on the enclosed figure labeled MVP-2016-01312-PRH Page 2 of 2. This concurrence may generally be relied upon for five years from the date of this letter. However, we reserve the right to review and revise our concurrence in response to changing site conditions, information that was not considered during our initial review, or off-site activities that could indirectly alter the extent of wetlands and other resources on-site, Our concurrence may be renewed at the end of this period provided you submit a written request and our staff are able to verify that the determination is still valid. The review area, identified by the red boundary on page 2 of the enclosure, contains no waters of the United States subject to Corps of Engineers jurisdiction. Therefore, you are not required to obtain Department of the Army authorization to discharge dredged or fill material within this area. The rationale for this determination is provided in the attached Approved Jurisdictional Determination form. This determination is only valid for the review area shown on the enclosed figure labeled MVP-2016-01312-PRH Page 2 of 2 If you object to this approved jurisdictional determination, you may request an administrative appeal under Corps regulations at 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination, you must submit a completed RFA form to the Mississippi Valley Division Office at the address shown on the form. In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR 331.5, and that it has been received by the Division Office within 60 days of the date of the attached NAP. It is not necessary to submit an RFA form to the division office if you do not object to the determination in this letter I Regulatory Branch (File No. 2016-01312-PRH) page 72 This approved jurisdictional determination may be relied upon for five years from the date of this letter. However, the Corps reserves the right to review and revise the boundary response onse to p changing site conditions, information that was not considered during our initial review, or off-site activities that could indirectly alter the extent of wetlands and other resources on-site. This determination may be renewed at the end of the five year period provided you submit a written request and our staff are able to verify that the limits established during the original determination are still accurate. Please note that the discharge of dredged or fill material into waters of the United States without a Department of the Army permit could subject you to enforcement action. Receipt of a permit from a state or local agency does not obviate the requirement for obtaining a Department of the Army permit. If you have any questions, please contact Paul Hauser in our St. Paul office at (651) 290-5357 or paul.r.hauser@usace.army.mil. In any correspondence or inquiries, please refer to the Regulatory file number shown above. Sincerely, (7 1 Kristen Hafer Chief, Southwest Section Enclosures cc: Ben Carlson (Agent) Jennie Skancke (DNR) Dennis Rodacker (BWSR) Ryan Ruzek (LGU) i Y Page 2 of 2 I page 73 MVP-2016-01312-PRH Page 1 of 2 3 �• I� � y �� 1�r r Ay KZ AO Cvrxcl>,,a�L'oVkA I �A+aen,la cae} . .>I ��^ � r lallal3en qxe CR45 [a.e i• E+A 6Ailp Y1e414y Ui ,.1 bid Ad •,� Sop. � i ��:.-..�'� � 3',,.. . • � ���,: h�yQR SLx4 ��� V � 5ouGik�a�4� � � 3� I 101a&n ...... lon(iota Heights 11f,l110 hwliflH4raayriWri it,,*50a. .. a Site Location Cnul7rry Club r.3.=a r.•,„ur Friendly Marsh Park J 1 , I r°.":��I':;f ll•+•l iruil � 1 � � � "�r'mne L.rre �Owe 5tane Hnri r,�,.: II 0-1 4ar+c r e> �+v OW3d1 Orly r. K & H&park a r, pparhelanc �°Z` . i3 H��Cp3R ie`$1\, 11w, 'b OpenStr tMap'[an'd.]caritrihutors,CC-BY-SA Figure 1 - Site Location N 0 1,250 Mendota Plaza Expansion (ICES 2016-039) L"7 II Feet Mendota Heights,Minnesota Nate:Boundaries indicated r r� on this figure are approxirnate 1 JOLs L�A G ENVIRDNMEI+t'I'AL SERVICES COMPANY and do not constitute an ter' official survey product, s — Source:RSRi Siree[sRasemap page 74 MVP-2016-01312-PRH Pa e 2 of 2 �. asv, - -= 830 i+ VVetland Boundary Project Boundary rya Transect o *, Tributary Boundary D Dakota County Lidar 0 Sample Point Figure 2 - Existing Conditions N 0 125 Mendota Plaza Expansion (KES 2016-039) I Feet Mendota Heights,Minnesota Mote;Boundarics indicated �(' I� /r on this figure are approximate J.LJQIT HAuG ENVIRQNMFNTAL SFRVTOES COMPANY and do not constitute an � ~ official survey product. Source:MuG6,ESHI Imaga-y Ba%emar page 75 APPROVED JURISDICTIONAL DETERMINATION FORM U.S.Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION(JD): AN 2 G B. ST PAUL,MN DISTRICT OFFICE,FILE NAME,AND NUMBER: 2416-01312-PRH C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:MN County/parish/borough:Dakota city:Mendota Heights i Center coordinates of site(lat/long in degree decimal format): Lat.44.$$2969°N,Long.-93.122296°W. Universal Transverse Mercator: Name of nearest waterbody: unnamed stream Name of watershed or Hydrologic Unit Code(I-IUC): 07010206 0 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ❑ Check if other sites(e.g.,offsite mitigation sites,disposal sites,etc...)arc associated with this action and are recorded on a different JD form. D. REVIEW PCRI<ORMED FOR SITE EVALUATION CHECK ALL T14AT APPLY): ® Office(Desk)Determination. Date: August 19, 2016 ❑ Field Determination. Datc(s): I SECTION H: SUMMARY OF FINDINGS A. RHA SECTION t0 DETERMINATION OF JURISDICTION. i There are no"navigable waters of the U.S."within Rivers and Harbors Act(REA)jurisdiction(as defincd by 33 CFR part 329)in the review area. 1 B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There are no"waters of the US."within Clean Water Act(CWA)jurisdiction(as defincd by 33 CFR part 328)in the review area. SECTION HI: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs. NIA B. CHARACTERISTICS OF TRIBUTARY(THAT IS NOT A TNW)AND ITS ADJACENT WETLANDS(IF ANY): NIA 4 C. SIGNIFICANT NEXUS DETERMINATION: NIA D. DETERMINATIONS OF JURISDICTIONAL FINDINGS.THE SUBJECT WATERS/WETLANDS ARE(CHECK ALL THAT APPLY): NIA i E. ISOLATED[INTERSTATE OR INTRA-STATE]WATERS,INCLUDING ISOLATED WETLANDS,THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE,INCLUDING ANY SUCH WATERS(CHECK ALL.THAT APPLY): N/A F. NON-JURISDICTIONAL WATERS,INCLUDING WETLANDS(CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area,these areas did not meet the criteria in the 1987 Corps of Engineers ❑ Other:(explain,if not covered above): SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD(check all that apply-checked items shall be included in case file and,where checked and requested,appropriately reference sources below): Maps,plans,plots or plat submitted by or on behalf of the applicant/consultant: Data sheets prepared/submitted by or on behalf of the applicant/consultant. ®Office concurs with data sheets/delineation report. ❑Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters'study: ❑ U.S.Geological Survey Hydrologic Atlas: ❑USGS NHD data. USGS 8 and 12 digit IIUC maps, ❑ U.S.Geological Survey map(s).Cite scale&quad name: USDA Natural Resources Conservation Service Soil Survey,Citation: Dakota County SSURGO page 76 National wetlands inventory map(s). Cite name: 201.5 USFWS NWl ❑ 5tatell.ocal wetland inventory map(s): ❑ PEMA/FIRM maps: ❑ 100-ye ar FloodpIain Filevation is: (National Geodcctic Vertical Datum of 1929) ® Photographs;®Aerial(Name&Date): 2013 MnGeo,ESRI Imagery or❑Other(Name&Date): ❑ Previous dctermination(s). Pile no.and date of response letter: ❑ Applicable/supporting case law; ❑ AppIicable/supporting scientific literature; ❑ Other information(please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: The applicant submitted sufficient information to demonstrate the review area as identified in the Wetland Delineation Survey and Natural Resources Inventory for the Mendota Plaza Expansion project area contains no aquatic resources. Therefore,the review area does not contain any waters of the U.S. I I i 2 I page 77 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND RE!QUEST FOR APPEAL Applicant:Pastor Properties File No.:2016-01312-PRM Date: Pole Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or better ofpermission) A PROFFERED PERMIT Standard Permit or Letter of permission B PERMIT'DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D 1'R1LIMINARY JURISDICTIONAL DETERMINATION E SECTION I-The following identifies your rights and options regarding an administrative appeal of the above decision, Additional information maybe found at htt ://usace.arm .mil/inet/functions/ew/cecwp/re or Corps regulations at 33 CFR Part 331, A: INITIAL PROFFERED PERMIT:' You may accept or abject to the permit. • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the permit be modified accordingly.You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may:(a) modify the permit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in Section B below. B: PROFFERED PERMIT:You may accept or appeal the permit • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization, if you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. ■ APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section It of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. i C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. i D: APPROVED J URISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information, • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRFLINWARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish,you may request an approved JD(which may be appealed),by contacting. the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. I I page 78 SECTION II-REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial. proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) I I I I I ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps memorandum for the record of the appeal conference or meeting,and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may rovide additional in Formation to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact the Division Engineer through: U.S.Army Corps of Engineers Mr,Thomas McCabe Attn.Paul Hauser Administrative Appeals Review Officer j 180 Fifth Street East,Suite 700 Mississippi Valley Division St.Paul,MN 55101 P.O.Box 80(1400 Walnut Street) Vicksburg,MS 39181-0080 601-634-5820 FAX:601-634-5816 RIGIIT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation,and will have the opportunity to participate in all site investigations, Date: Telephone number: Signature of appellant or agent. page 79 Request to Extend Approved Delineation Mendota Reserve, Mendota Heights, MN Attachment B page 80 'err• +.rep A \ 7 ry 4 r F t : l 2012 Metro Photo N 0 150 Mendota Reserve Site (KES 2022-049) Feet Mendota Heights, Minnesota r Note:Boundaries indicated KT u A r��r on this figure are approximate JOLJ 1_ UG FNVIRONMENTAI.SFRVICFS COMPA1.-Y and do not constitute an official survey product. �� Source:NINGEO Spatial Commons,USFWS page 81 b ; AT �w x, s';.. .jo r AMD- u r 2015 FSA Photo N 0 150 Mendota Reserve Site (KES 2022-049) Feet Mendota Heights,Minnesota r Note:Boundaries indicated KT u A r��r on this figure are approximate joLHAuG FNVIRONMENTAI.SFRVJCFS COMPA1.-Y and do not constitute an official survey product. �� Source:NINGEO Spatial Commons,USFWS page 82 tit SO i� n.il �iP r r m q 1 w � L f b s. a " h'q► �► + ' .. 'i► ` R 2016 Metro Photo N 0 150 Mendota Reserve Site (KES 2022-049) Feet Mendota Heights,Minnesota r Note:Boundaries indicated KT u A r��r on this figure are approximate joLHAuG FNVIRONMENTAI.SFRVICFS COMPA1.-Y and do not constitute an official survey product. �� Source:NINGEO Spatial Commons,USFWS page 83 u , �r j ~#, "212 WAIM ?gjy ,,� un a .rc a #. x NEW r 2019 FSA Photo N 0 150 Mendota Reserve Site (KES 2022-049) Feet Mendota Heights,Minnesota r Note:Boundaries indicated KT u A r��r on this figure are approximate joLHAuG FNVIRONMENTAI.SFRVICFS COMPA1.-Y and do not constitute an official survey product. �� Source:NINGEO Spatial Commons,USFWS page 84 U. Iwo f , wr .. . w�"mJp.w, •.ai t.... .v'➢!Z ine�.:,µ0 �i,� :....,. ..x., ... mm,. .. u 3 t " AP ^� m d dl �� 2021 FSA Photo N 0 150 Mendota Reserve Site (KES 2022-049) Feet Mendota Heights,Minnesota r Note:Boundaries indicated KT u A r��r on this figure are approximate joLHAuG FNVIRONMENTAI.SFRVICFS COMPA1.-Y and do not constitute an official survey product. �� Source:NINGEO Spatial Commons,USFWS page 85 Request to Extend Approved Delineation Mendota Reserve, Mendota Heights, MN Attachment C page 86 Project Name and/or Number: Mendota Reserve Site, Mendota Heights(KES#2022-049) PART ONE: Applicant Information If applicant is an entity(company,government entity, partnership, etc.), an authorized contact person must be identified. If the applicant is using an agent (consultant, lawyer, or other third party)and has authorized them to act on their behalf,the agent's contact information must also be provided. Applicant/Landowner Name: Leanna Stefaniak,At Home Apartments, L.L.C. Mailing Address: 1289 Grand Avenue,St. Paul, MN 55105 Phone: 651-294-3283 E-mail Address: Istefaniak@aha-mn.com Authorized Contact(do not complete if same as above): Mailing Address: Phone: E-mail Address: Agent Name: Melissa Barrett, Kjolhaug Environmental Services Mailing Address: 2500 Shadywood Road,Suite 130, Orono, MN 55331 Phone: 952-388-3752 E-mail Address: melissa@kjolhaugenv.com PART TWO: Site Location Information County: Dakota City/Township: Mendota Heights Parcel ID and/or Address: 274840201010 Legal Description(Section,Township, Range): Section 25,T28, R23 Lat/Long(decimal degrees): 44.88301,-93.1224 Attach a map showing the location of the site in relation to local streets, roads, highways. Approximate size of site(acres)or if a linear project, length(feet): 2.05-ac If you know that your proposal will require an individual Permit from the U.S.Army Corps of Engineers,you must provide the names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to your application or by using block 25 of the Application for Department of the Army permit which can be obtained at: http://www.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/engform 4345 2012oct.13df PART THREE: General Project/Site Information If this application is related to a delineation approval, exemption determination,jurisdictional determination, or other correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number. Describe the project that is being proposed,the project purpose and need, and schedule for implementation and completion.The project description must fully describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources (wetland, lake,tributary, etc.)and must also include plans and cross section or profile drawings showing the location, character, and dimensions of all proposed activities and aquatic resource impacts. Application is for re-approval of 2016 delineation along 2022 west site limits. Minnesota Interagency Water Resource Application Form—Revised May 2021 Page 3 of 12 page 87 Project Name and/or Number: Mendota Reserve Site,Mendota Heights(KES#2022-049) PART FOUR: Aquatic Resource Impact' Summary If your proposed project involves a direct or indirect impact to an aquatic resource (wetland, lake, tributary, etc.) identify each impact in the table below.Include all anticipated irnpauts,kidudirrg Lhuse expected to be temporary.ALLach an overhead view map, aerial photo, and/or drawing showing all of the aquatic resources in the project area and the location(s) of the proposed impacts. Label each aquatic resource on the map with a reference number or letter and identify the impacts in the following table. Aquatic Type of Impact Duration of Existing Plant County,Major Aquatic Resource Resource Type Community(fill,excavate, Impact Overall Size of Watershed#, Ili(as noted on {wetland, lake, Type(s)in drain,or Permanent(P) Size of Impact' Aquatic and Bank tributary etc.} overhead view) rem Impact Area remove or Temporary Resource 3 Service Area# vegetation} (T)t of Impact Areas 'If impacts are temporary;enter the duration of the impacts in days next to the"T". For example,a project with a temporary access fill that would be removed after 220 days would be entered"T(220)". 'Impacts less than 0.01 acre should be reported in square feet. Impacts 0.01 acre or greater should be reported as acres and rounded to the nearest 0.01 acre. Tributary impacts must be reported in linear feet of impact and an area of impact by indicating first the linear feet of impact along the flowline of the stream followed by the area impact in parentheses). For example,a project that impacts 50 feet of a stream that is 6 feet wide would be reported as 50 ft(300 square feet). 'This is generally only applicable if you are applying for a de minimis exemption under MN Rules 8420.0420 Subp.8,otherwise enter"N/A". 4LJse Wetland Plants and Plant Community Types of Minnesota and Wisconsin 31d Ed.as modified in MN Rules 8420.0405 Subp.2. 5Refer to Major Watershed and Bank Service Area maps in MN Rules 9420.0522 Subp.7. If any of the above identified impacts have already occurred,identify which impacts they are and the circumstances associated with each: PART FIVE: Applicant Signature ❑ Check here if you are requesting a pre-application consultation with the Corps and LGIJ based on the information you have provided. Regulatory entities will not initiate a formal application review if this box is checked. By signature below, I attest that the information in this application is complete and accurate. I further attest that I possess the authority to undertake the work described herein. Signa ure: Date: �- r I hereby authorize to act on my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this application. 'The term"impact"as used in this joint application form is a generic term used for disclosure purposes to identify activities that may require approval from one or more regulatory agencies. For purposes of this form it is not meant to indicate whether or not those activities may require mitigation/replacement. Minnesota Interagency Water Resource Application Farm—Revised May 2021 Page 4 of 12 page 88 Project Name and/or Number: Mendota Reserve Site, Mendota Heights(KES#2022-049) Attachment A Request for Delineation Review, Wetland Type Determination, or Jurisdictional Determination By submission of the enclosed wetland delineation report, I am requesting that the U.S.Army Corps of Engineers,St. Paul District (Corps)and/or the Wetland Conservation Act Local Government Unit (LGU) provide me with the following(check all that apply): ®Wetland Type Confirmation ® Delineation Concurrence. Concurrence with a delineation is a written notification from the Corps and a decision from the LGU concurring, not concurring, or commenting on the boundaries of the aquatic resources delineated on the property. Delineation concurrences are generally valid for five years unless site conditions change. Under this request alone,the Corps will not address the jurisdictional status of the aquatic resources on the property, only the boundaries of the resources within the review area (including wetlands,tributaries, lakes, etc.). ❑ Preliminary Jurisdictional Determination.A preliminary jurisdictional determination (PJD) is a non-binding written indication from the Corps that waters, including wetlands, identified on a parcel may be waters of the United States. For purposes of computation of impacts and compensatory mitigation requirements, a permit decision made on the basis of a PJD will treat all waters and wetlands in the review area as if they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be appealed. ®Approved Jurisdictional Determination.An approved jurisdictional determination (AJD) is an official Corps determination that jurisdictional waters of the United States are either present or absent on the property.AJDs can generally be relied upon by the affected party for five years.An AJD may be appealed through the Corps administrative appeal process. AJD requested for Stormpond S1. In order for the Corps and LGU to process your request,the wetland delineation must be prepared in accordance with the 1987 Corps of Engineers Wetland Delineation Manual, any approved Regional Supplements to the 1987 Manual, and the Guidelines for Submitting Wetland Delineations in Minnesota (2013). http://www.mvp.usace.army.mil/Missions/Regulatory/DelineationJDGuidance.aspx Minnesota Interagency Water Resource Application Form—Revised May 2021 Page 5 of 12 page 89 51. 1101 Victoria Curve I Mendota Heights,MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota•heights.com CITY OF MENDOTA HEIGHTS Request for City Council Action DATE: May 3, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director Krista Spreiter, Natural Resources Coordinator SUBJECT: Approve Board of Water and Soil Resources Lawns to Legumes Phase 2 Demonstration Neighborhood Program Agreement INTRODUCTION The City Council is asked to approve an agreement with the State of Minnesota Board of Water and Soil Resources for the Lawns to Legumes Demonstration Neighborhood project. BACKGROUND The Lawns to Legumes Demonstration Neighborhood Program, made possible through the Environment and Natural Resources Trust Fund, and administered by the MN Board of Water and Soil Resources (BWSR), was created with the mission of increasing populations of rusty patched bumble bees and other at-risk pollinators. The Demonstration Neighborhood Program achieves this through establishment of residential pollinator habitat within neighborhoods in important pollinator corridors. The City was awarded a grant from the MN Board of Water and Soil Resources for the full amount requested of$40,000. The grant award requires a 10% match, that may be provided using both in-kind and cash-match funds. Residents who choose and agree to participate will be required to contribute $125 per project towards landscape design fees. In-kind match will be provided by staff and resident volunteer time. Grant funds are provided to the City on a reimbursement basis. The grant period begins once BWSR has obtained all required signatures and has given notice to proceed. The grant period ends May 1, 2024, or until all obligations have been satisfactorily fulfilled, whichever occurs first. DISCUSSION There has been a list compiled of approximately 25 interested residents, the majority within the Copperfield neighborhood, as well as the School District, who will potentially participate. City page 90 Staff is currently confirming participation with these residents and compiling a list of participants. While this list of residents targets the Copperfield and surrounding neighborhoods due to the proximity to other pollinator corridors, the program is open to all residents until the maximum number of projects is reached. Solicitation and education on the grant program have been provided through Friday News and social media. Eligibility is based on a first-come, first- serve basis. The City is also looking to participate by installing a project in one of its parks. If Council chooses, the City may enter into an agreement with Metro Blooms to provide garden designs, resident consultations, plants and materials, and project oversight. Residents and participants will be required to plant their individual projects, with help and oversight by City staff and resident volunteers. The proposed project will provide up to 3,750 square feet of new habitat benefiting at-risk pollinators through installation of native pocket plantings,pollinator beneficial tree and shrub plantings, and raingardens. Projects will be visible from a street, sidewalk, or trail, and include yard signs to provide educational opportunities as well. BUDGET IMPACT The project would potentially require a maximum cash match of$2,100, which would be provided by the City's Native Plantings budget. RECOMMENDATION Staff recommends that the City Council approve the Lawns to Legumes Demonstration Neighborhood Program Grant agreement for the Mendota Heights Demonstration Neighborhood project and authorize the Mayor and City Clerk to execute such agreement. ACTION REQUIRED If the Council concurs, it should, by motion, approve the attached Lawns to Legumes Phase 2 Demonstration Neighborhood Program Grant Agreement to be executed by the Mayor and City Clerk. This action requires a simple majority vote. page 91 MBOARD OF WATER AND SOIL RESOURCES FY 2022 STATE OF MINNESOTA BOARD OF WATER and SOIL RESOURCES LAWNS TO LEGUMES PHASE 2 DEMONSTRATION NEIGHBORHOOD PROGRAM GRANT AGREEMENT 0000199154 •O 3000014579 This Grant Agreement is between the State of Minnesota, acting through its Board of Water and Soil Resources (Board) and Mendota Heights, City of, 1101 Victoria Curve Mendota Heights Minnesota 551184106 (Grantee). This gran t is for the following Gran t Programs: C22-1559 City of Mendota Heights Demonstration Neighborhood $40,000 Total Grant Awarded: $40,000 Recitals 1. The Laws of Minnesota, 2021, 1st Special Session,Chapter 6,Article 5,Section 2,Subd. 20(b), Laws of Minnesota,,2021, 1st Special Session,Chapter 6,Article 6,Section 2,Subd. 8(p),and the Laws of Minnesota, 2021, 1st Special Session,Chapter 6, Article 5,Section 2,Subd. 8(m) appropriated funds to the Board for the FY2022 Lawns to Legumes Phase 2 Demonstration Neighborhood Program. 2. The Board is authorized to enter into grant agreements with soil and water conservation districts pursuant to Minn. Stat. § 103C.401,Subd. 1 and 2. 3. The Board adopted Board Order#22-13 to authorize and allocate funds for the FY 2022 Lawns to Legumes Phase 2 Demonstration Neighborhood Program. 4. The Grantee has submitted a BWSR approved work plan which is incorporated into this Grant Agreement by reference. 5. The Grantee has agreed to appropriate and expend the required local match. 6. The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Agreement to the satisfaction of the Board. 7. As a condition of the grant,Grantee agrees to minimize administration costs. Authorized Representative The State's Authorized Representative is Dan Shaw,Senior Ecologist/Vegetation Specialist, BWSR,520 Lafayette Road North, Saint Paul, MN 55155, (612) 236-6291,or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services and performance provided under this Grant Agreement. The Grantee's Authorized Representative is: Krista Spreiter,Natural Resources Coordinator 1101 Victoria Curve Mendota Heights,MN 55118 651-255-1123 If the Grantee's Authorized Representative changes at any time during this Grant Agreement,the Grantee must immediately notify the Board. Grant Agreement 1. Terms of the Grant Agreement. 1.1. Effective date: The date the Board obtains all required signatures under Minn. Stat. § 1613.98,Subd. 5.TheBoard will notify the Grantee when this Grant Agreement has been executed. The Grantee must not begin work under this Grant Agreement until it is executed. 1.2. Expiration date: May 1,2024,or until all obligations have been satisfactorily fulfilled,whichever comes first. Page 1 of 5 page 92 1.3. Survival of Terms: The following clauses survive the expiration date or cancellation of this Grant Agreement: 8. Liability; 9. State Audits; 10. Government Data Practices; 13. Governing Law,Jurisdiction,and Venue; 15. Data Disclosure;and 19. Intellectual Property Rights. 2. Grantee's Duties. The Grantee will comply with required grants management policies and procedures set forth through Minn. Stat§ 1613.97, Subd.4(a)(1).The Grantee is responsible for the specific duties for the Program as follows: 2.1. Implementation: The Grantee will implement their work plan,which is incorporated into this Grant Agreement by reference. 2.2. Reporting: All data and information provided in a Grantee's report shall be considered public. 2.2.1. The Grantee is required to submit a progress report at the end of each quarter, regardless of whether or not reimbursement is being requested. 2.2.2. The Grantee will submit an annual progress report to the Board by February 1 of each year on the status of program implementation by the Grantee. Information provided must conform to the requirements and formats set by the Board.All individual grants over$500,000 will also require a reporting expenditure by June 30 of each year. 2.2.3. Final Progress Report:The Grantee will submit a final progress report to the Board by June 1, 2024 or within 30 days of completion of the project,whichever occurs sooner. Information provided must conform to the requirements and formats set by the Board. 2.3. Match: The Grantee will ensure any local match requirement will be provided as stated in Grantee's approved work plan. 3. Time. The Grantee must comply with all the time requirements described in this Grant Agreement. In the performance of this Grant Agreement,time is of the essence. 4. Terms of Payment. 4.1. Payments from this grant will be on a reimbursement basis. Requests for reimbursement may be submitted once each quarter(quarterly deadlines are March 31,June 30,September 30,and December 31).The Grantee is required to submit a progress report at the end of each quarter, regardless of whether or not reimbursement is being requested.These reports will be summarized and processed for payment on a form provided by the Board. 4.1.1. Paid invoices or receipts and documentation of in-kind must be uploaded into the Grant Attachments tab of eLINK. 4.2. Any grant funds remaining unspent after the end of the expiration date stated above must be returned to the Board within 30 days of that date. 4.3. The obligation of the State under this Grant Agreement will not exceed the amount listed above. 5. Contracting and Bidding Requirements. 5.1. Any services and/or materials that are expected to cost$100,000 or more must undergo a formal notice and bidding process. 5.2. Services and/or materials that are expected to cost between $25,000 and$99,999 must be competitively awarded based on a minimum of three(3)verbal quotes or bids. 5.3. Services and/or materials that are expected to cost between $10,000 and$24,999 must be competitively awarded based on a minimum of two(2)verbal quotes or bids or awarded to a targeted vendor. 5.4. The Grantee must take all necessary affirmative steps to assure that targeted vendors from businesses with active certifications through these entities are used when possible: 5.4.1. State Department of Administration's Certified Targeted Group, Economically Disadvantaged and Veteran- Owned Vendor List 5.4.2. Metropolitan Council Underutilized Business(MCUB) Program: Metropolitan Council Underutilized Business Program 5.4.3. Small Business Certification Program through Hennepin County, Ramsey County,and City of St. Paul:Central Certification Program 5.5. The Grantee must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection,award and administration of contracts. 5.6. The Grantee must maintain support documentation of the purchasing and/or bidding process utilized to contract services in their financial records, including support documentation justifying a single/sole source bid, if applicable. 5.7. Notwithstanding(5.1)- (5.4)above,the State may waive bidding process requirements when: 5.7.1. Vendors included in response to competitive grant request for proposal process were approved and Page 2 of 5 page 93 incorporated as an approved work plan for the grant. 5.7.2. It is determined there is only one legitimate or practical source for such materials or services and that Grantee has established a fair and reasonable price. 5.8. For projects that include construction work of$25,000 or more, prevailing wage rules apply per Minn. Stat. §§ 177.41 through 177.44. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. 5.9. The Grantee must not contract with vendors who are suspended or debarred in MN: http://www.mmd.admin.state.mn.us/debarredreport.asp 6. Conditions of Payment. 6.1. All services provided by the Grantee under this Grant Agreement must be performed to the Boards's satisfaction, as set forth in this Grant Agreement and in the BWSR approved work plan for this program. Compliance will be determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal,State,and local laws, policies,ordinances, rules, Lawns to Legumes Phase 2 Demonstration Neighborhood Grant Program Policy,and regulations.The Grantee will not receive payment for work found by the Board to be unsatisfactory or performed in violation of federal,State,or local law. 6.2. Minnesota Statutes§ 103C.401 (2018)establishes BWSR's obligation to assure program compliance. If the noncompliance is severe,or if work under the Grant Agreement is found by BWSR to be unsatisfactory or performed in violation of federal,State, or local law; BWSR has the authority to require the repayment of grant funds or withhold payment on grants from other programs. 7. Assignment,Amendments,and Waiver. 7.1. Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without the prior consent of the Board and a fully executed Assignment Agreement,executed and approved by the same parties who executed and approved this Grant Agreement,or their successors in office. 7.2. Amendments. Any amendments to this Grant Agreement must be in writing and will not be effective until it has been approved and executed by the same parties who approved and executed the original Grant Agreement,or their successors in office.Amendments must be executed prior to the expiration of the original Grant Agreement or any amendments thereto. 7.3. Waiver. If the Board fails to enforce any provision of this Grant Agreement,that failure does not waive the provision or its right to enforce it. 8. Liability. The Grantee must indemnify,save,and hold the State, its agents,and employees harmless from any claims or causes of action, including attorney's fees incurred by the State,arising from the performance of this Grant Agreement by the Grantee or the Grantee's agents or employees.This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this Grant Agreement. 9. State Audits. Under Minn. Stat. § 1613.98,Subd. 8,the Grantee's books, records,documents,and accounting procedures and practices of the Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the Board and/or the State Auditor or Legislative Auditor, as appropriate,for a minimum of six years from the end of this Grant Agreement, receipt and approval of all final reports,or the required period of time to satisfy all State and program retention requirements, whichever is later. 9.1. The books, records,documents,accounting procedures and practices of the Grantee and its designated local units of government and contractors relevant to this grant, may be examined at any time by the Board or Board's designee and are subject to verification.The Grantee or delegated local unit of government will maintain records relating to the receipt and expenditure of grant funds. 10. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13,as it applies to all data provided by the State under this Grant Agreement,and as it applies to all data created,collected, received,stored, used, maintained,or disseminated by the Grantee under this Grant Agreement.The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. Page 3 of 5 page 94 11. Workers'Compensation. The Grantee certifies that it is in compliance with Minn. Stat. § 176.181,Subd. 2, pertaining to workers'compensation insurance coverage. The Grantee's employees and agents will not be considered State employees.Any claims that may arise under the Minnesota Workers'Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12. Publicity and Endorsement. 12.1. Publicity.Any publicity regarding the subject matter of this Grant Agreement must identify the Board as the sponsoring agency. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports,signs,and similar public notices prepared by or for the Grantee individually or jointly with others,or any subcontractors,with respect to the program, publications,or services provided resulting from this Grant Agreement. 12.2. Endorsement.The Grantee must not claim that the State endorses its products or services. 13. Governing Law,Jurisdiction,and Venue. Minnesota law,without regard to its choice-of-law provisions,governs this Grant Agreement.Venue for all legal proceedings out of this Grant Agreement,or its breach, must be in the appropriate State or federal court with competent jurisdiction in Ramsey County, Minnesota. 14. Termination. 14.1. The Board may cancel this Grant Agreement at any time,with or without cause, upon 30 days'written notice to the Grantee. Upon termination,the Grantee will be entitled to payment,determined on a pro rata basis,for services satisfactorily performed. 14.2. The Board may immediately terminate this Grant Agreement if the Board finds that there has been a failure to comply with the provisions of this Grant Agreement,that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled.The Board may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 15. Data Disclosure. Under Minn. Stat. §270C.65, Subd.3,and other applicable law,the Grantee consents to disclosure of its social security number, federal employer tax identification number,and/or Minnesota tax identification number,already provided to the State,to federal and State tax agencies and State personnel involved in the payment of State obligations.These identification numbers may be used in the enforcement of federal and State tax laws which could result in action requiring the Grantee to file State tax returns and pay delinquent State tax liabilities, if any. 16. Prevailing Wage. It is the responsibility of the Grantee or contractor to pay prevailing wage for projects that include construction work of$25,000 or more, prevailing wage rules apply per Minn. Stat. §§ 177.41 through 177.44.All laborers and mechanics employed by grant recipients and subcontractors funded in whole or in part with these State funds shall be paid wages at a rate not less than those prevailing on projects of a character similar in the locality. Bid requests must state the project is subject to prevailing wage. 17. Municipal Contracting Law. Per Minn. Stat. §471.345,grantees that are municipalities as defined in Subd. 1 of this statute must follow the Uniform Municipal Contracting Law. Supporting documentation of the bidding process utilized to contract services must be included in the Grantee's financial records, including support documentation justifying a single/sole source bid, if applicable. 18. Constitutional Compliance. It is the responsibility of the Grantee to comply with requirements of the Minnesota Constitution regarding the use of Environment and Natural Resource Trust Fund. 19. Intellectual Property Rights. The State owns all rights,title,and interest in all of the intellectual property rights, including copyrights, patents,trade secrets, trademarks,and service marks in the Works and Documents created and paid for under this grant. Works means all inventions, improvements,discoveries, (whether or not patentable),databases,computer programs, reports, notes,studies, photographs, negatives,designs,drawings,specifications, materials,tapes,and disks conceived, reduced to practice,created or originated by the Grantee, its employees,agents,and subcontractors,either individually or jointly with others in the performance of this grant. Work includes"Documents." Documents are the originals of any databases,computer programs, reports, notes,studies, Page 4 of 5 page 95 photographs, negatives,designs,drawings,specifications, materials,tapes,disks,or other materials,whether in tangible or electronic forms, prepared by the Grantee, its employees, agents or subcontractors, in the performance of this grant.The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this grant at the State's request.To the extent possible,those Works eligible for copyright protection under the United State Copyright Act will be deemed to be"works made for hire."The Grantee assigns all right,title,and interest it may have in the Works and the Documents to the State. The Grantee must,at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State's ownership interest in the Works and Documents. IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby. Approved: Mendota Heights,City of Board of Water and Soil Resources By: By: (print) (signature) Title• Title: Date: Date: Page 5 of 5 page 96 5m. 1101 Victoria Curve I Mendota Heights,MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendata•heights.com it CITY OF MENDOTA HEIGHTS Request for City Council Action DATE: May 3, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director Krista Spreiter, Natural Resources Coordinator SUBJECT: Approve Proposal and Contract with Metro Blooms for Professional Services INTRODUCTION The City Council is asked to approve a proposal and contract with Metro Blooms for the Lawns to Legumes Demonstration Neighborhood project. BACKGROUND The City was awarded a grant from the MN Board of Water and Soil Resources (BWSR) in the amount of$40,000 to implement the Mendota Heights Lawns to Legumes Demonstration Neighborhood Project. The proposed project will provide up to 3,750 square feet of new habitat benefiting at-risk pollinators through installation of native pocket plantings,pollinator beneficial tree and shrub plantings, and raingardens within residential yards, school property, and city park property. If the Council chooses, the City may enter into an agreement with Metro Blooms to provide garden designs, resident consultations,plants and materials, and project oversight. Residents and participants will be required to plant their individual projects, with help and oversight by City Staff and resident volunteers. Residents who choose and agree to participate will be required to contribute $125 per project towards landscape design fees. DISCUSSION A list of approximately 25 interested residents has been compiled; the majority are within the Copperfield neighborhood, as well as the School District, who will potentially participate in the Mendota Heights Demonstration Neighborhood Project. City Staff is confirming participation with these residents and compiling a list of participants. While this list of residents targets the Copperfield and surrounding neighborhoods due to the proximity to other pollinator corridors, the program is open to all residents until the maximum number of projects is reached. Solicitation and education on the grant program have been provided through Friday News and social media. Eligibility is based on a first-come, first-serve basis. page 97 Projects will be visible from a street, sidewalk, or trail, and include yard signs to provide educational opportunities as well. The proposal may be adjusted based on number of completed projects, which has been confirmed with Metro Blooms. The grant received from BWSR in the amount of$40,000 requires a 10% match, using either cash match, in-kind, or a combination there of. Any additional costs over the grant amount received could be covered by resident design fees, city funds, or a combination. BUDGET IMPACT The proposed estimate for these services is $42,100.00, or $1,684.00 per project. The project could potentially require a maximum cash match of$2,100, which would be provided by the City's Native Plantings budget. RECOMMENDATION Staff recommends that the City Council approve the proposal and contract with Metro Blooms for the Lawns to Legumes Demonstration Neighborhood project and authorize Staff to execute the contract. ACTION REQUIRED If the Council concurs, it should, by motion, approve the proposal and contract with Metro Blooms for the Lawns to Legumes Demonstration Neighborhood project and authorize Staff to execute the contract. This action requires a simple majority vote. page 98 1101 Victoria Curve I Mendota 5n. 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com �Mj F O It CITY CITY OFMENDOTA HEIGHTS Request for City Council Action DATE: May 3, 2022 TO: Mayor, City Council, and City Administrator FROM: Lord Smith, City Clerk SUBJECT: Resolution 2022-14 Authorizing Application to the Drop Box Grant Program INTRODUCTION The Council is asked to authorize the attached application for the Drop Box Grant program. BACKGROUND In 2021, the Minnesota Legislature appropriated $2 million for grants to local governments to establish a 24-hour ballot drop box location. The State of Minnesota Office of the Secretary of State is currently soliciting grant applications from cities for the establishment of Ballot Drop Boxes. Grants to local governments are available for up to $15,000 per drop box, and will cover the cost of purchasing the drop box, installation of the drop box, video monitoring equipment and the installation of video monitoring equipment. The Ballot Drop Box Grant program does not require local governments to match any amount of the funding, and will reimburse to the City the actual costs up to $15,000. RECOMMENDATION Staff recommends the City Council approve Resolution 2022-14 Authorizing the Application for the Drop Box Grant Program and Accepting Funds from the Program. page 99 CITY OF MENDOTA HEIGHTS Dakota County, Minnesota Resolution 2022 - 14 AUTHORIZING THE CITY OF MENDOTA HEIGHTS TO MAKE APPLICATION TO AND ACCEPT FUNDS FROM THE DROP BOX GRANT PROGRAM WHEREAS,the State of Minnesota Office of the Secretary of State is currently soliciting grant applications from cities for the establishment of Ballot Drop Boxes; and WHEREAS, in 2021, the Minnesota Legislature appropriated $2 million for grants to local governments to establish a 24 hour ballot drop box; and WHEREAS,grants to local governments are available for up to $15,000 per drop box, and will cover the cost of purchasing the drop box, installation of the drop box, video monitoring equipment and the installation of video monitoring equipment; and WHEREAS,the Ballot Drop Box Grant program does not require local governments to match any amount of the funding, and will reimburse to the City the actual costs up to $15,000. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota Heights, Minnesota, that the City Council approves the attached application for the Drop Box Grant program. BE IT FURTHER RESOLVED that the City of Mendota Heights agrees to accept funding for the election ballot drop box if approved by the Minnesota Secretary of State DATED this 3rd day of May, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST: Stephanie Levine, Mayor Lorri Smith, City Clerk page100 2022 Application for Drop Box Grant Program for Minnesota Counties and Municipalities In accordance with the requirements of Laws 2021,First Special Session,Chapter 12,Article 1,Section 6 Minnesota Secretary of State Steve Simon Contents A.Overview/General Information B.Contact Information C.Application Amount Worksheet D. Certification Section A. Overview - General Information The State of Minnesota Office of the Secretary of State(OSS) is currently soliciting grant proposals from cities,townships,and counties for the establishment of Ballot Drop Boxes pursuant to Laws 2021,First Special Session,Chapter 12,Article 1,Section 6 During its 2021 1st Special Session,the Minnesota Legislature,via Chapter 12,Article 1,Section 6,appropriated $2 million to the Office of the Minnesota Secretary of State for grants to local units of government to implement the provisions of Minnesota Statutes, section 20313.082. Minnesota Statutes,section 20313.082,specifies the minimum security requirements and standards to establish a 24 hour ballot drop box. Grants are available for up to$15,000 per drop box,and cover the cost of purchasing the drop box, installation of the drop box, installation of video monitoring,and associated out-of-pocket costs with video monitoring such as license contracts,contracts for data storage,or other costs associated with data storage. The Ballot Drop Box Grant Program does not require counties to match any amount of funding to be eligible to receive a grant award amount,but instead provides for reimbursement of actual costs for up to$15,000 per drop box. Political subdivisions will be responsible for selecting a contractor,vendor,and/or staff to establish the drop box and ensure compliance with Minnesota Statutes,section 2036.082. The political subdivision will report the expenditures for the establishment of the drop box to the OSS in order to receive reimbursements up to the amount awarded. Political subdivisions will also be required to fully cooperate in any and all state audits of the grant funds. Applications to the Drop Box Grant Program will be accepted until the funds are exhausted or retuned to the State General Fund.Currently,the OSS is required to return any unused funds by July 1,2023. Priority will be given to those applications received by May 16,2022,and applications will be considered on a rolling basis until the grant funds are exhausted. If on May 16,2022,the amount of applications exceed the amount of funds available,the OSS will prioritize one box per county,city,township,or tribal jurisdiction covered by the application.Funds are expected to be used for the purposes described above. In order to apply for these funds,jurisdictions must answer all questions fully and completely on this application. Click on the applicable tabs below to provide the required information to complete this application. All applications must include a resolution from the county board of commissioners or municipal governing body approving the application for these funds. page 101 Section B. Contact Information Jurisdiction: (Political Subdivision) City of Mendota Heights Name of Individual Submitting Application: Cheryl Jacobson Title of Individual Submitting Application: City Administrator Mailing Address of Individual Submitting Application: (Street/P.O. Box) 1101 Victoria Curve City Mendota Heights State M N Zip Code 55118 E-Mail Address of Individual Submitting Application: ciacobs (@mendotahe htsmn. ov Phone: 651-255-1153 FAX: 651-452-8940 Federal Tax ID#of Jurisdiction: 41-6008695 N O N O Q O O O O O O O O O O O O tn N l0 M O to N W 71 S Y O C 7 O E a c 0 la V Q Q a c 0 41 iy 00 m iy J 71 ++ J 7 CO E m X Q J O O O° + + a co O] Q O O V a °- o E c a o ° 0 c M Q- X 0 O WtoQ � O v a 00 s CW7 J X N 00 0_ O_CL 0) O Q F O] c O v O + c) N O a .3 0 m '_ 0 v - e4 O O m — " e4 2 N 0 co -a m O. ° 0 m am �+ +� _J o N z m + + p0) u S m O to h0 uLU o . c O x 0p oo °- E E yoo om` ww QUzNr 0 O_ °O °o vO o ° o 0_ u oa Q OO i i w V V W O O £ E 0 v Ou v v a v v a v v Q C C W W J Cm E E E -M E E +m F C O Z W W F W W F O W 6 ~ c c-I N M � Lf1 l0 I� W Cl c-I c-I page103 Section D.Certification I certify that the Drop Box Grant funds will be used only to cover the costs of purchasing the drop box,installation of the drop box, installation of video monitoring,and associated out-of-pocket costs with video monitoring such as license contracts,contracts for data storage,or other costs associated with data storage for the purposes of establishing a drop box under section 2036.082. 1 further certify that all information provided in this application is true and accurate. Name of Jurisdiction: ICity of Mendota Heights Printed Name of Individual Submitting the Application: I Cheryl Jacobson Title of Applicant ICity Administrator Signature: Date: Please check one: For County application,see attached county board resolution approving the application for these funds. X For municipality or school district application,see attached resolution from the city council,town board or school district board approving the application for these funds; and see attached letter from the county auditor(s)agreeing to assist the municipality/school district in use of the equipment. Prior to signing,please print off this Certification page,sign it,scan it and E-mail it with the completed Excel version of the application to elections.dept@state.mn.us. There is no requirement to physically mail in a hard-copy of this application. If you have any questions, please e-mail Bill Ekblad at bill.ekblad@state.mn.us,or call the Elections Division at(651)215-1440. Deadline: Priority will be given to those applications received by May 16,2022,and applications will be considered on a rolling basis until the grant funds are exhausted. page104 50. 1101 Victoria Curve I Mendota F 651,452.1850 phone 1 651.452a�4o rax www.mendota-hei g hts.com CITY OF MENDOTA HEIGHTS Request for City Council Action MEETING DATE: May 3, 2022 TO: Mayor, City Council, and City Administrator FROM: Scott Goldenstein, Assistant Fire Chief SUBJECT: March 2022 Fire Synopsis Fire Calls: 28 In March the Fire Department was paged for service a total of 28 times. Mendota Heights 18 calls Lilydale 6 calls Mendota 0 call(s) Sunfish Lake 3 calls Other 1 call(s) Total: 28 calls Tvpes of calls: Fires: 3 The Fire Department responded to a vehicle fire at Holiday gas after it had been involved in a police chase and collision. The department also responded to two cooking fires, one was contained within a residential oven, and the other was contained in a commercial industrial oven. Medical/Extrication: 5 Five times in March the Fire Department was paged for calls that were medical in nature. Hazardous Situations: 3 Under the category of hazardous situations, the MHFD responded to two calls for powerline issues and one call for a smell of gas in the area. Service Call: 2 The MHFD responded to one unidentified chemical smell in a residence and to an apartment with an unidentified smell and haze in their unit. False Alarms/System Malfunctions: 10 Nearly a third of the departments call outs in March were due to either alarm malfunctions (4) or unintentional alarm trips. Good intent Calls 2 Two calls were coded as good intent with no actual hazard or problem found upon arrival. page105 Dispatched and Cancelled En route: 2 There were only two calls that were cancelled en route before our arrival. Mutual/Auto-Aid Other: 1 The MHFD did respond to South St Paul for a mutual aid request for a structure fire in March. March Trainings March 9 18:30 Mandatory 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 both 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 of firefighters and others. March 10 07:00 Mandatory 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 both 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 of firefighters and others. March 16 18:30 Mandatory 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. March 21 07:00 Elective Public Education& Communication This drill covered community outreach messages, as well as best practices when dealing with differing age groups. There was both classroom and multiple stations for this drill. March 22 18:30 Elective Public Education & Communication This drill covered community outreach messages, as well as best practices when dealing with differing age groups. There was both classroom and multiple stations for this drill. March 28 18:00 EMS A (Option 1 of 3) This drill was an EMS refresher for firefighters. All firefighters must maintain a minimum certification of EMR(Emergency Medial Responder) and this training is part of that ongoing education. It was the first of three offerings. March 29 07:00 EMS A (Option 2 of 3) This drill was an EMS refresher for firefighters. All firefighters must maintain a minimum certification of EMR(Emergency Medial Responder) and this training is part of that ongoing education. It was the second of three offerings. MENDOTA HEIGHTS FIRE DEPARTMENT MARCH 2O22 MONTHLY REPORT page 106 Number of Calls 28 Total Calls for Year 79 FIRE ALARMS DISPATCHED: NUMBER STRUCTURE CONTENTS MISC. TOTALS TO DATE ACTUAL FIRES Structure-MH Commercial $0 Structure-MH Residential $605,400 Structure-Contract Areas $0 Cooking Fire-confined 2 $0 Vehicle-MH $100 Vehicle-Contract Areas 1 $0 Grass/Brush/No Value MH Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES Other Fire OVERPRESSURE RUPTURE $0 $0 $0 Excessive heat,scorch burns MEDICAL FIRE LOSS TOTALS Emergency Medical/Assist 5 Vehicle accident w/injuries Extrication ALL FIRES,ALL AREAS (MONTH) $0 Medical, other HAZARDOUS SITUATION Mendota Heights Only Structure/Contents $0 Spills/Leaks 1 Carbon Monoxide Incident Mendota Heights Only Miscellaneous $100 Power line down 2 Arcing,shorting Mendota Heights Total Loss to Date $605,500 Hazardous, Other SERVICE CALL Smoke or odor removal 1 Contract Areas Loss to Date $0 Assist Police or other agency 1 Service Call, other GOOD INTENT LOCATION OF FIRE ALARMS Good Intent Dispatched &Cancelled 2 Current To Date Last Year Smoke Scare Mendota Heights 18 59 52 HazMat release investigation Lilydale 6 7 5 Good Intent, Other 2 Mendota 0 1 1 FALSE ALARMS Sunfish Lake 3 5 2 False Alarm Other 1 7 9 Malfunction 4 Unintentional 6 Total: 28 79 69 False Alarm, other MUTUAL AID 1 FIRE MARSHAL'S TIME FOR MONTH Total Calls 28 Inspections 37 Investigations 0 WORK PERFORMED Hours To Date Last Year Re-Inspection 0 Fire Calls 336 1081.5 1085 Meetings 41.5 258.5 84 Meetings 0 Training 290 568.5 1196.25 Special Activity 41.5 133 106.5 Administration 21 Fire Marshal 61 148.5 148 Plan Review/Training 3 TOTALS 770 2190 2619.75 TOTAL: 61 page107 CITY OF MENDOTA HEIGHTS 5p. TREASURER'S REPORT MARCH 2O22 BALANCE COLLATERAL Deerwood Bank Checking Account .03% $364,823.22 Collateral - Bonds $3,240,000.00 Gov't. Guar. $200,000.00 Investments Cost PV Saving Cert 7/27/2020 @ 1.50% Cherokee $14,064.33 $14,064.33 FHLMC 0.32% 11/24/23 $225,000.00 $218,398.50 Federal Farm Credit Bank Bond 0.31% 11/30/23 $490,000.00 $474,770.80 FHLB 1.35% 2/11/25 $490,000.00 $473,050.90 FHLB 0.30% 10/14/25 $500,000.00 $471,435.00 FHLB 0.50% 2/25/26 $340,000.00 $318,430.40 FHLB 0.50% 3/16/26 $505,000.00 $476,745.25 FHLB 0.65% 6/30/26 $300,000.00 $282,153.00 FHLB .50% 8/26/26 $250,000.00 $235,657.50 Comenity Bank 2.25% 07/18/22 $200,000.00 $200,788.00 Capital One Bank 2.05% 8/15/22 $245,000.00 $246,286.25 Capital One 2.05% 8/15/22 $245,000.00 $246,286.25 Bank Hapoalim BM NY 0.20% 11/17/22 $200,000.00 $199,106.00 Eaglemark Savings Bank .20%4/28/23 $245,000.00 $241,959.55 BMW Bank America 0.40% 9/26/23 $245,000.00 $240,293.55 Webbank 0.55% 11/29/23 $110,000.00 $107,668.00 Bank United .45%4/15/24 $245,000.00 $236,723.90 UBS Bank USA 0.35% 6/24/24 $245,000.00 $235,006.45 Texas Exchange Bank 0.50% 7/9/24 $247,000.00 $237,470.74 Toyota Financial Savings Bank .55% 8/5/24 $245,000.00 $235,383.75 Webbank 1.00% 12/30/24 $135,000.00 $129,844.35 JP Morgan 1.10% 1/31/25 $245,000.00 $235,785.55 Morgan Stanley Private Bank 0.40% 3/20/25 $245,000.00 $231,664.65 Sallie Mae Bank 1.00% 7/8/26 $144,000.00 $134,657.28 Goldman Sachs Bank 1.05% 9/22/26 $160,000.00 $149,406.40 State Bank of India 1.10% 9/28/26 $245,000.00 $229,231.80 Fidelity Institutional Government Portfolio (Piper) $9,175,899.31 $9,175,899.31 Gov't. Securities Fund 28% Sold 6/4 $433,187.00 MMkt Fd (WF) $269,073.13 TOTAL FUNDS AVAILABLE 3/31/2022 $17,003,046.99 Funds Available 1/1/2022 $21,400,714.92 Rates Money Market March Bank 0.03% 5 Yr. Tr. 2.42% 10 Yr. Tr. 2.32% page108 TD Ameritrade Account Equipment Certificate Bond Proceeds Cash $7,171.73 Bulloch County GA School District 5/1/22 $100,310.34 Dallas Texas Waterworks & Sewer System 10/1/2022 $39,894.42 Mine Hill Township NJ School District 9/15/2022 $177,714.92 Penncrest School District 10/1/2022 $200,206.98 Pennsylvania St 6/1/2022 $200,980.30 Valley Cottage NY Fire District 6/1/22 $150,233.63 Wisconsin St 5/1/22 $50,155.94 Total for TD Ameritrade Account $926,668.26 page109 5q. 1101 Victoria Curve I Mendota Heights,MN 55118 651.452.1850 phone 1651.452.8940 fax www.mendota-heig hts.com - CITY OF MENDOTA HEIGHTS Request for City Council Action MEETING DATE: May 3, 2022 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director� I✓ SUBJECT: Claims List Summary BACKGROUND Significant Claims Met Council Environmental Srvcs—Sewer& SAC Charges $ 147,214.80 SPRWS— 1Q Cell Tower Rent Split $ 17,566.04 Ehlers &Associates—Sewer Rate Study&Arbitrage Work $ 5,312.50 HKGI—Bike Ped Plan $ 4,759.95 Northern Escrow Ivy Falls East Street Project $ 44,263.54 RES Great Lakes—Natural Resources Management Plan $ 5,617.50 US Bank—Monthly Purchases $ 10,519.34 Manual Checks Total $ 167,861.94 System Checks Total $ 117,393.65 Total for the list of claims for the May 3,2022 city council meeting $ 285,255.59 RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the list of claims for May 3, 2022. page110 CITY OF MENDOTA HEIGHTS 04/28/22 1:15 PM Page 1 Claims List MANUAL CHECKS 04/21/22 MAN Account Comments DEPT Descr Amount Search Name I C M A RETIREMENT 457 G 01-2073 4/15/22 PAYROLL $150.00 G 01-2072 4/15/22 PAYROLL $2,690.00 Search Name I C M A RETIREMENT 457 $2,840.00 Search Name METRO COUNCIL ENVIRONMENT SVC R 15-3615 1ST QTR SAC -$248.50 G 15-1170 1ST QTR SAC -$2,485.00 G 15-2035 1ST QTR SAC $5,000.00 R 15-3320 1ST QTR SAC $22,335.00 E 15-4449-060-60 MAY SEWER SERVICE Utility Enterprise $122,613.30 Search Name METRO COUNCIL ENVIRONMENT SVC $147,214.80 Search Name NATIONWIDE RETIREMENT SOLUTION G 01-2072 4/15/22 PAYROLL $50.00 Search Name NATIONWIDE RETIREMENT SOLUTION $50.00 Search Name SPRWS R 01-3615 JAN-MARCH 2O22 CELL TOWER $1,699.29 R 01-3615 JAN-MARCH 2O22 CELL TOWER $4,722.48 R 01-3615 JAN-MARCH 2O22 CELL TOWER $4,722.49 R 01-3615 JAN-MARCH 2O22 CELL TOWER $2,418.84 R 01-3615 JAN-MARCH 2O22 CELL TOWER $1,699.29 R 01-3615 JAN-MARCH 2O22 CELL TOWER $2,303.65 Search Name SPRWS $17,566.04 Search Name XCEL ENERGY E 45-4212-046-45 UTILTIES Golf Course $85.78 E 45-4211-047-45 UTILTIES Golf Course $5.41 E 01-4211-320-70 UTILTIES Parks&Recreation $35.10 E 01-4211-320-70 UTILTIES Parks&Recreation $15.70 E 01-4211-320-70 UTILTIES Parks&Recreation $13.68 E 01-4211-320-70 UTILTIES Parks&Recreation $56.70 E 45-4211-046-45 UTILTIES Golf Course -$21.27 Search Name XCEL ENERGY $191.10 $167,861.94 page111 CITY OF MENDOTA HEIGHTS 04/28/22 1:12 PM Page 1 Claims List SYSTEM CHECKS 05/03/22 PAY Account Comments DEPT Descr Amount Search Name ALLEGRA PRINT&IMAGING E 01-4300-020-20 BUSINESS CARDS- PD Police $85.94 Search Name ALLEGRA PRINT&IMAGING $85.94 Search Name ALLSTREAM E 15-4210-060-60 4/15/22-5/14/22 TELEPHONE S Utility Enterprise $336.92 E 01-4210-070-70 4/15/22-5/14/22 TELEPHONE S Parks&Recreation $49.12 E 01-4210-020-20 4/15/22-5/14/22 TELEPHONE S Police $204.95 E 01-4210-050-50 4/15/22-5/14/22 TELEPHONE S Road&Bridges $49.12 Search Name ALLSTREAM $640.11 Search Name ARAMARK(AMERIPRIDE SERVICES) E 01-4200-610-70 MAT SERVICE-PW Parks&Recreation $11.87 E 08-4335-000-00 MAT SERVICE-CITY HALL Spec Fds $333.94 E 15-4200-610-60 MAT SERVICE-PW Utility Enterprise $11.88 E 01-4410-050-50 UNIFORM- PW Road&Bridges $9.67 E 01-4200-610-70 MAT SERVICE-PW Parks&Recreation $10.00 E 01-4200-610-50 MAT SERVICE- PW Road&Bridges $10.00 E 01-4200-610-50 MAT SERVICE-PW Road&Bridges $11.87 E 01-4410-050-50 UNIFORM-PW Road&Bridges $9.67 E 15-4200-610-60 MAT SERVICE-PW Utility Enterprise $10.00 Search Name ARAMARK(AMERIPRIDE SERVICES) $418.90 Search Name B S N SPORTS E 01-4330-215-70 VOLLEYBALL NET- PARKS Parks&Recreation $124.08 Search Name B S N SPORTS $124.08 Search Name BGMN, INC. E 15-4320-060-60 FUEL ADDITIVE Utility Enterprise $107.74 E 01-4320-110-10 FUEL ADDITIVE Administration $107.73 E 01-4320-020-20 FUEL ADDITIVE Police $107.73 E 01-4320-030-30 FUEL ADDITIVE Fire $107.73 E 01-4320-050-50 FUEL ADDITIVE Road&Bridges $107.73 E 01-4320-070-70 FUEL ADDITIVE Parks&Recreation $107.73 Search Name BGMN, INC. $646.39 Search Name CENTRAL IRRIGATION SUPPLY E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $17.92 E 01-4330-490-70 EQUIP REPAIR-PARKS Parks&Recreation $17.92 E 15-4330-490-60 EQUIP REPAIR-UTILITY Utility Enterprise $17.92 Search Name CENTRAL IRRIGATION SUPPLY $53.76 Search Name 0 SPRAY, INC. E 01-4335-310-70 BLDG MAINT-PW Parks&Recreation $84.67 E 01-4335-310-50 BLDG MAINT-PW Road&Bridges $84.67 E 15-4335-310-60 BLDG MAINT-PW Utility Enterprise $84.66 Search Name 0 SPRAY,INC. $254.00 Search Name CONCENTRA HEALTH SERVICES, INC E 01-4220-110-10 ADMINISTRATIVE FEES Administration $64.00 Search Name CONCENTRA HEALTH SERVICES,INC $64.00 Search Name CREATIVE PRODUCT SOURCING,INC E 01-4305-020-20 DARE SUPPLIES-PD Police $1,724.22 page112 CITY OF MENDOTA HEIGHTS 04/28/22 1:12 PM Page 2 Claims List SYSTEM CHECKS 05/03/22 PAY Account Comments DEPT Descr Amount Search Name CREATIVE PRODUCT SOURCING,INC $1,724.22 Search Name DAKOTA COUNTY FINANCIAL SERVIC E 01-4275-020-20 FEB 2022 RADIO SUBSCRIBER Police $863.21 E 01-4200-610-50 MAR 2022 RADIO SUBSCRIBER Road&Bridges $163.31 E 01-4200-610-15 MAR 2022 RADIO SUBSCRIBER Engineering Enterprise $69.99 E 01-4275-030-30 MAR 2022 RADIO SUBSCRIBER Fire $746.56 E 01-4211-420-50 1ST QTR 2022 UTILITIES Road&Bridges $370.66 E 15-4200-610-60 FEB 2022 RADIO SUBSCRIBER Utility Enterprise $23.33 E 01-4200-610-70 MAR 2022 RADIO SUBSCRIBER Parks&Recreation $93.32 E 15-4200-610-60 MAR 2022 RADIO SUBSCRIBER Utility Enterprise $23.33 E 01-4275-030-30 FEB 2022 RADIO SUBSCRIBER Fire $746.56 E 01-4275-020-20 MAR 2022 RADIO SUBSCRIBER Police $863.21 E 01-4200-610-15 FEB 2022 RADIO SUBSCRIBER Engineering Enterprise $69.99 E 01-4200-610-70 FEB 2022 RADIO SUBSCRIBER Parks&Recreation $93.32 E 01-4200-610-50 FEB 2022 RADIO SUBSCRIBER Road&Bridges $163.31 Search Name DAKOTA COUNTY FINANCIAL SERVIC $4,290.10 Search Name DELTA DENTAL G 01-2071 MAY 2022 DENTAL PREMIUM $348.90 E 01-4131-020-20 MAY 2022 DENTAL PREMIUM Police $1,000.40 E 01-4131-050-50 MAY 2022 DENTAL PREMIUM Road&Bridges $393.50 E 01-4131-070-70 MAY 2022 DENTAL PREMIUM Parks&Recreation $294.70 E 01-4131-105-15 MAY 2022 DENTAL PREMIUM Engineering Enterprise $133.80 E 08-4131-000-00 MAY 2022 DENTAL PREMIUM Spec Fds $44.60 E 15-4131-060-60 MAY 2022 DENTAL PREMIUM Utility Enterprise $232.60 G 01-2074 MAY 2022 DENTAL PREMIUM $903.30 E 01-4131-110-10 MAY 2022 DENTAL PREMIUM Administration $420.60 E 01-4131-020-20 MAY 2022 DENTAL PREMIUM Police $133.80 Search Name DELTA DENTAL $3,906.20 Search Name EHLERS&ASSOCIATES INC E 14-4490-000-00 ARBITRAGE REPORT 2013A ISS Spec Fds $3,000.00 E 15-4220-060-60 SEWER RATE STUDY Utility Enterprise $2,312.50 Search Name EHLERS&ASSOCIATES INC $5,312.50 Search Name EXCEL TURF&ORNAMENTAL E 45-4334-045-45 COURSE MAINTENANCE CHEMI Golf Course $1,669.92 Search Name EXCEL TURF&ORNAMENTAL $1,669.92 Search Name EYE MED E 01-4131-110-10 MAY 2022 PREMIUM Administration $34.59 E 01-4131-020-20 MAY 2022 PREMIUM Police $60.75 G 01-2071 MAY 2022 PREMIUM $20.22 E 01-4131-050-50 MAY 2022 PREMIUM Road&Bridges $20.22 E 15-4131-060-60 MAY 2022 PREMIUM Utility Enterprise $15.09 E 01-4131-070-70 MAY 2022 PREMIUM Parks&Recreation $5.13 E 01-4131-105-15 MAY 2022 PREMIUM Engineering Enterprise $5.13 Search Name EYE MED $161.13 Search Name FLEET SERVICES E 01-4200-610-20 MARCH 2O22 SQUAD LEASES- Police $4,382.14 Search Name FLEET SERVICES $4,382.14 page113 CITY OF MENDOTA HEIGHTS 04/28/22 1:12 PM Page 3 Claims List SYSTEM CHECKS 05/03/22 PAY Account Comments DEPT Descr Amount Search Name FLEETPRIDE E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $411.55 E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $74.86 E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $17.56 Search Name FLEETPRIDE $503.97 Search Name FURTHER(SELECT ACCOUNT) E 08-4131-000-00 APRIL 2022 PARTICIPANT FEE Spec Fds $2.25 E 01-4131-105-15 APRIL 2022 PARTICIPANT FEE Engineering Enterprise $6.75 E 01-4131-070-70 APRIL 2022 PARTICIPANT FEE Parks&Recreation $9.00 E 01-4131-050-50 APRIL 2022 PARTICIPANT FEE Road&Bridges $4.50 E 01-4131-020-20 APRIL 2022 PARTICIPANT FEE Police $41.95 E 01-4131-110-10 APRIL 2022 PARTICIPANT FEE Administration $19.45 Search Name FURTHER(SELECT ACCOUNT) $83.90 Search Name GERTENS GREENHOUSE E 01-4305-070-70 OPERATING SUPPLIES-PARKS Parks&Recreation $4,245.75 Search Name GERTENS GREENHOUSE $4,245.75 Search Name GRAFIX SHOPPE E 01-4330-440-20 EQUIP REPAIR-PD Police $190.00 Search Name GRAFIX SHOPPE $190.00 Search Name GRAINGER E 45-4335-045-45 BLDG MAINT-PAR 3 Golf Course $24.76 E 01-4330-490-30 EQUIP REPAIR-FIRE Fire $509.49 Search Name GRAINGER $534.25 Search Name GREEN2 SOLAR LEASING, LLC E 01-4213-070-70 MAY 2022 SOLAR PANEL LEASE Parks&Recreation $120.67 E 08-4213-000-00 MAY 2022 SOLAR PANEL LEASE Spec Fds $362.28 E 01-4213-050-50 MAY 2022 SOLAR PANEL LEASE Road&Bridges $120.67 E 01-4213-030-30 MAY 2022 SOLAR PANEL LEASE Fire $181.01 E 15-4213-060-60 MAY 2022 SOLAR PANEL LEASE Utility Enterprise $60.34 E 01-4213-050-50 MAY 2022 SOLAR PANEL LEASE Road&Bridges $60.33 E 01-4213-070-70 MAY 2022 SOLAR PANEL LEASE Parks&Recreation $60.33 E 45-4213-045-45 MAY 2022 SOLAR PANEL LEASE Golf Course $166.66 E 01-4213-030-30 MAY 2022 SOLAR PANEL LEASE Fire $149.96 E 15-4213-060-60 MAY 2022 SOLAR PANEL LEASE Utility Enterprise $120.66 Search Name GREEN2 SOLAR LEASING, LLC $1,402.91 Search Name HELPING HANDS HOME SERVICES E 01-4335-315-30 4/4/22 BLDG MAINT- FIRE Fire $160.00 Search Name HELPING HANDS HOME SERVICES $160.00 Search Name HKGI E 10-4220-000-00 BIKE PED PLAN Spec Fds $4,759.95 Search Name HKGI $4,759.95 Search Name HOME DEPOT CREDIT SERVICES E 01-4305-050-50 OPERATING SUPPLIES- PARKS Road&Bridges $60.96 E 29-4330-000-00 EQUIP REPAIR-STORM WATE Spec Fds $100.29 E 01-4305-070-70 OPERATING SUPPLIES-PARKS Parks&Recreation $49.21 E 08-4335-000-00 BLDG MAINT-CITY HALL Spec Fds $7.91 page114 CITY OF MENDOTA HEIGHTS 04/28/22 1:12 PM Page 4 Claims List SYSTEM CHECKS 05/03/22 PAY Account Comments DEPT Descr Amount E 15-4305-060-60 OPERATING SUPPLIES-UTILIT Utility Enterprise $439.00 E 08-4335-000-00 BLDG MAINT-CITY HALL Spec Fds $109.00 E 08-4335-000-00 BLDG MAINT-CITY HALL Spec Fds $20.34 E 01-4330-215-70 PARK MAINTENANCE Parks&Recreation $60.61 E 45-4330-490-45 EQUIP REPAIR- PAR 3 Golf Course $56.75 E 08-4335-000-00 BLDG MAINT-CITY HALL Spec Fds $25.57 Search Name HOME DEPOT CREDIT SERVICES $929.64 Search Name INNOVATIVE OFFICE SOLUTIONS E 01-4300-030-30 OFFICE SUPPLIES- FIRE Fire $11.22 E 01-4300-110-10 OFFICE SUPPLIES-ADMIN Administration $15.72 E 01-4490-109-09 SUPPLIES-CITY COUNCIL City Council $12.74 E 01-4300-020-20 OFFICE SUPPLIES- PD Police $64.35 E 01-4300-020-20 OFFICE SUPPLIES-PD Police $71.44 E 01-4300-640-12 SUPPLIES-ELECTIONS Elections $95.10 E 01-4300-110-10 OFFICE SUPPLIES-ADMIN Administration $80.44 E 01-4300-640-12 SUPPLIES-ELECTIONS Elections $221.95 Search Name INNOVATIVE OFFICE SOLUTIONS $572.96 Search Name KAT KEYS E 08-4335-000-00 KEYS-CITY HALL Spec Fds $30.32 Search Name KAT KEYS $30.32 Search Name KENNEDY&GRAVEN E 01-4220-120-10 MARCH 2O22 LEGAL SERVICES Administration $1,075.00 Search Name KENNEDY&GRAVEN $1,075.00 Search Name L E L S G 01-2075 MAY 2022 UNION DUES $910.00 Search Name L E L S $910.00 Search Name LIBERTY TIRE RECYCLING SVCS E 15-4280-310-60 TIRE DISPOSAL-UTILITY Utility Enterprise $62.29 E 01-4280-310-50 TIRE DISPOSAL-STREET Road&Bridges $62.28 E 01-4280-310-70 TIRE DISPOSAL-PARKS Parks&Recreation $62.28 Search Name LIBERTY TIRE RECYCLING SVCS $186.85 Search Name LOCAL UNION NO. 70 G 01-2075 MAY 2022 UNION DUES $75.26 Search Name LOCAL UNION NO. 70 $75.26 Search Name LUBE-TECH E 15-4335-310-60 BLDG MAINT-PW Utility Enterprise $31.12 E 01-4335-310-50 BLDG MAINT-PW Road&Bridges $31.11 E 01-4335-310-70 BLDG MAINT-PW Parks&Recreation $31.11 Search Name LUBE-TECH $93.34 Search Name MACQUEEN EMERGENCY E 01-4305-030-30 OPERATING SUPPLIES-FIRE Fire $403.16 E 01-4305-030-30 OPERATING SUPPLIES-FIRE Fire $263.43 Search Name MACQUEEN EMERGENCY $666.59 Search Name MAPET E 01-4404-020-20 2022 MN PROPERTY&EVIDEN Police $35.00 Search Name MAPET $35.00 page115 CITY OF MENDOTA HEIGHTS 04/28/22 1:12 PM Page 5 Claims List SYSTEM CHECKS 05/03/22 PAY Account Comments DEPT Descr Amount Search Name MENARDS E 15-4305-060-60 OPERATING SUPPLIES-UTILIT Utility Enterprise $119.95 E 08-4335-000-00 BLDG MAINT-CITY HALL Spec Fds $12.99 E 08-4335-000-00 BLDG MAINT-CITY HALL Spec Fds $11.96 E 01-4330-490-70 EQUIP REPAIR-PARKS Parks&Recreation $4.49 G 45-2035 FUEL/OIL-PAR 3 -$3.39 E 08-4335-000-00 BLDG MAINT-CITY HALL Spec Fds $24.68 E 45-4320-045-45 FUEL/OIL-PAR 3 Golf Course $52.68 E 15-4305-060-60 OPERATING SUPPLIES-UTILIT Utility Enterprise $39.98 E 01-4336-050-50 SNOW REMOVAL DAMAGE REP Road&Bridges $42.38 Search Name MENARDS $305.72 Search Name MENDOTA HEIGHTS,CITY OF E 45-4427-045-45 2022 1ST QTR SEWER-PAR 3 Golf Course $395.40 Search Name MENDOTA HEIGHTS,CITY OF $395.40 Search Name METRO SALES E 01-4220-110-10 MARCH 2O22 COPIER/PRINTER Administration $1,184.42 E 01-4330-490-70 MARCH 2O22 COPIER/PRINTER Parks&Recreation $15.76 E 01-4330-490-50 MARCH 2O22 COPIER/PRINTER Road&Bridges $15.76 E 15-4330-490-60 MARCH 2O22 COPIER/PRINTER Utility Enterprise $15.75 E 01-4300-030-30 MARCH 2O22 COPIER/PRINTER Fire $134.11 E 01-4200-610-20 MARCH 2O22 COPIER/PRINTER Police $239.98 Search Name METRO SALES $1,605.78 Search Name MIDWEST MACHINERY CO(FRONTIER AG) E 01-4330-490-70 EQUIP REPAIR-PARKS Parks&Recreation $239.46 E 01-4330-490-70 EQUIP REPAIR-PARKS Parks&Recreation $746.04 Search Name MIDWEST MACHINERY CO(FRONTIER AG) $985.50 Search Name MNPEA G 01-2075 MAY 2022 UNION DUES $117.00 Search Name MNPEA $117.00 Search Name NIEBUR TRACTOR&EQUIPMENT INC E 01-4330-490-70 EQUIP REPAIR-PARKS Parks&Recreation $824.64 Search Name NIEBUR TRACTOR&EQUIPMENT INC $824.64 Search Name NORTHERN ESCROW INC E 95-4220-802-00 IVY FALLS EAST IMPROVEMEN Spec Fds $44,263.54 Search Name NORTHERN ESCROW INC $44,263.54 Search Name OLSEN CHAIN&CABLE E 01-4305-070-70 OPERATING SUPPLIES-PARKS Parks&Recreation $7.93 E 15-4305-060-60 OPERATING SUPPLIES-UTILIT Utility Enterprise $29.23 E 01-4305-050-50 OPERATING SUPPLIES-STREE Road&Bridges $29.22 E 01-4305-070-70 OPERATING SUPPLIES-PARKS Parks&Recreation $29.22 E 15-4305-060-60 OPERATING SUPPLIES-UTILIT Utility Enterprise $7.94 E 01-4305-050-50 OPERATING SUPPLIES-STREE Road&Bridges $7.93 Search Name OLSEN CHAIN&CABLE $111.47 Search Name PRESTIGE SAFETY LLC E 01-4223-020-20 RESPIRATOR FIT TESTING- PD Police $448.00 Search Name PRESTIGE SAFETY LLC $448.00 page116 CITY OF MENDOTA HEIGHTS 04/28/22 1:12 PM Page 6 Claims List SYSTEM CHECKS 05/03/22 PAY Account Comments DEPT Descr Amount Search Name RENT N SAVE E 01-4200-610-70 RENTALS-PARKS Parks&Recreation $945.00 Search Name RENT N SAVE $945.00 Search Name RES GREAT LAKES, LLC E 01-4220-070-70 NATURAL RESOURCES MGMT P Parks&Recreation $5,617.50 Search Name RES GREAT LAKES, LLC $5,617.50 Search Name ROYAL TIRE INC E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $1,008.76 Search Name ROYAL TIRE INC $1,008.76 Search Name SAVATREE E 01-4500-050-50 TREE SERVICES-STREET Road&Bridges $1,350.00 E 01-4500-050-50 TREE SERVICES-STREET Road&Bridges $1,053.00 Search Name SAVATREE $2,403.00 Search Name SCHLOMKA SERVICES, LLC E 15-4330-490-60 EQUIP REPAIR-UTILITY Utility Enterprise $1,060.24 Search Name SCHLOMKA SERVICES, LLC $1,060.24 Search Name SCOTT NELSON COACHING INC E 01-4403-030-30 TRAINING-FIRE Fire $1,000.00 Search Name SCOTT NELSON COACHING INC $1,000.00 Search Name STANDARD INSURANCE E 01-4131-020-20 MAY 2022 PREMIUM-LIFE/DIS Police $909.70 E 01-4131-050-50 MAY 2022 PREMIUM-LIFE/DIS Road&Bridges $279.09 E 01-4131-070-70 MAY 2022 PREMIUM-LIFE/DIS Parks&Recreation $239.44 E 08-4131-000-00 MAY 2022 PREMIUM-LIFE/DIS Spec Fds $121.54 E 01-4131-110-10 MAY 2022 PREMIUM-LIFE/DIS Administration $328.91 G 01-2074 MAY 2022 PREMIUM-LIFE/DIS $1.82 G 01-2071 MAY 2022 PREMIUM-LIFE/DIS $1,871.77 E 01-4131-105-15 MAY 2022 PREMIUM-LIFE/DIS Engineering Enterprise $185.98 E 15-4131-060-60 MAY 2022 PREMIUM-LIFE/DIS Utility Enterprise $151.24 Search Name STANDARD INSURANCE $4,089.49 Search Name STEPP MFG E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $17.54 Search Name STEPP MFG $17.54 Search Name STONEBROOKE ENGINEERING E 01-4330-490-70 EQUIP REPAIR-PARKS Parks&Recreation $89.00 E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $89.00 Search Name STONEBROOKE ENGINEERING $178.00 Search Name SUN LIFE(ASSURANT BENEFITS) E 01-4132-031-30 MAY 2022 PREMIUM Fire $169.60 Search Name SUN LIFE(ASSURANT BENEFITS) $169.60 Search Name TIGER RIES MUSIC E 01-4435-200-70 5/18/22 PERFORMANCE CONCE Parks&Recreation $500.00 Search Name TIGER RIES MUSIC $500.00 Search Name TIME SAVER OFF SITE SEC. SVC. page117 CITY OF MENDOTA HEIGHTS 04/28/22 1:12 PM Page 7 Claims List SYSTEM CHECKS 05/03/22 PAY Account Comments DEPT Descr Amount E 01-4220-110-10 4/5/22 CITY COUNCIL MINUTE Administration $237.50 E 01-4220-070-70 4/12/22 PARK&REC COMMISS Parks&Recreation $286.50 Search Name TIME SAVER OFF SITE SEC. SVC. $524.00 Search Name U. S. BANK E 45-4310-211-45 GOLF TEES-PAR 3 Golf Course $124.67 E 01-4402-030-30 ZOOM APRIL 2022-FIRE Fire $16.06 E 01-4403-030-30 TRAINING SUPPLIES-FIRE Fire $16.16 E 01-4403-030-30 TRAINING SUPPLIES-FIRE Fire $54.00 G 01-1145 CLOTHING-PD $322.50 E 01-4305-030-30 CMC CLUTCH-FIRE Fire $1,390.48 E 01-4330-440-20 EQUIP REPAIR-PD Police $41.99 G 45-2035 FIRST AID SUPPLIES-PAR 3 -$2.84 E 45-4305-045-45 FIRST AID SUPPLIES-PAR 3 Golf Course $44.10 E 01-4435-200-70 SUPPLIES PICKLEBALL LESSON Parks&Recreation $82.48 E 01-4400-110-10 2022 MCMA ANNUAL CONFERE Administration $425.00 E 01-4410-020-20 CLOTHING-PD Police $159.00 E 01-4435-200-70 FIELD TRIP-REC Parks&Recreation $131.71 E 01-4301-114-14 SUPPLIES-IT Info Tech $7.99 E 01-4410-020-20 DUTY BAG-PD Police $64.95 E 01-4435-200-70 SOFTBALL SUPPLIES-REC Parks&Recreation $599.54 E 29-4220-000-00 RAIN GARDENS-STORM WATE Spec Fds $201.97 E 01-4400-070-70 FLEET TRAINING SEMINAR-P Parks&Recreation $58.33 E 01-4300-030-30 OFFICE SUPPLIES- FIRE Fire $21.98 E 15-4400-060-60 FLEET TRAINING SEMINAR-P Utility Enterprise $58.34 E 01-4400-020-20 TRAINING FBI NATIONAL ACAD Police $250.00 E 01-4400-050-50 FLEET TRAINING SEMINAR-P Road&Bridges $58.33 E 01-4400-020-20 MCPA EfI CONFERENCE-PD Police $550.00 E 01-4330-440-20 SEATBELT LOCKS- PD Police $1,196.10 E 01-4410-020-20 UNIFORM-PD Police $160.00 E 01-4400-020-20 BCA TRAINING- HOGAN Police $250.00 E 01-4305-020-20 OPERATING SUPPLIES-PD Police $2.86 E 01-4305-020-20 OPERATING SUPPLIES-PD Police $11.07 E 01-4400-020-20 BCA TRAINING-RABERGE Police $375.00 E 01-4305-024-20 OPERATING SUPPLIES-PD Police $170.10 E 01-4223-020-20 MARCH 2O22 TRANSUNION-P Police $92.00 E 15-4305-060-60 FIRST AID KIT SUPPLIES-UTI Utility Enterprise $109.85 E 01-4305-020-20 OPERATING SUPPLIES- PD Police $36.25 E 01-4410-105-15 BOOTS-ENGINEERING Engineering Enterprise $120.64 E 01-4305-050-50 FIRST AID KIT SUPPLIES-STR Road&Bridges $89.01 E 15-4305-060-60 FIRST AID KIT SUPPLIES-UTI Utility Enterprise $89.02 E 01-4305-070-70 FIRST AID KIT SUPPLIES-PAR Parks&Recreation $27.33 E 01-4305-050-50 FIRST AID KIT SUPPLIES-STR Road&Bridges $27.33 E 15-4305-060-60 FIRST AID KIT SUPPLIES-UTI Utility Enterprise $27.34 E 01-4410-105-15 BOOTS-ENGINEERING Engineering Enterprise $159.95 E 01-4305-050-50 FIRST AID KIT SUPPLIES-STR Road&Bridges $109.85 E 15-4335-310-60 BLDG SUPPLIES-PW Utility Enterprise $7.20 E 01-4300-020-20 OFFICE SUPPLIES-PD Police $39.98 E 01-4300-040-40 OFFICE SUPPLIES-CODE Code Enforcement/Inspe $15.98 E 01-4300-105-15 OFFICE SUPPLIES- ENGINEERI Engineering Enterprise $22.98 E 01-4335-310-70 BLDG SUPPLIES-PW Parks&Recreation $2.66 E 01-4335-310-50 BLDG SUPPLIES-PW Road&Bridges $2.66 E 15-4335-310-60 BLDG SUPPLIES-PW Utility Enterprise $2.66 page 118 CITY OF MENDOTA HEIGHTS 04/28/22 1:12 PM Page 8 Claims List SYSTEM CHECKS 05/03/22 PAY Account Comments DEPT Descr Amount E 01-4220-110-10 VOLGISTICS SERVICE 3/15/22- Administration $324.00 E 01-4305-070-70 FIRST AID KIT SUPPLIES-PAR Parks&Recreation $109.85 E 01-4305-020-20 OPERATING SUPPLIES-PD Police $27.29 E 01-4301-105-15 ARCGIS ONLINE SERVICE 4/5/2 Engineering Enterprise $100.00 E 01-4404-110-10 ICMA MEMBERSHIP Administration $1,180.00 G 45-2035 OPERATING SUPPLIES-PAR 3 -$1.30 E 45-4305-045-45 OPERATING SUPPLIES-PAR 3 Golf Course $20.27 E 01-4400-110-10 ICMA TRAINING-JACOBSON Administration $249.00 E 01-4305-070-70 FIRST AID KIT SUPPLIES-PAR Parks&Recreation $89.01 E 01-4305-020-20 OPERATING SUPPLIES-PD Police $48.50 E 01-4335-310-50 BLDG SUPPLIES-PW Road&Bridges $7.19 E 08-4280-000-00 WASTE DISPOSAL-CITY HALL Spec Fds $7.67 E 01-4490-070-70 NAMEPLATE-PARKS Parks&Recreation $49.71 E 01-4490-070-70 NAMEPLATE- PARKS COMM. Parks&Recreation $25.21 E 01-4490-110-10 NAMEPLATE-ADMIN Administration $25.22 G 45-2035 GOLF CART LOCK-PAR 3 -$1.58 E 45-4305-045-45 GOLF CART LOCK- PAR 3 Golf Course $24.57 G 45-2035 GOLF CART SECURITY TAGS- -$13.61 E 45-4305-045-45 GOLF CART SECURITY TAGS- Golf Course $211.61 E 01-4335-310-70 BLDG SUPPLIES-PW Parks&Recreation $7.19 E 15-4400-060-60 MN WASTEWATER&COLLECTI Utility Enterprise $204.98 Search Name U. S. BANK $10,519.34 Search Name ZIEGLER INC E 01-4335-310-70 BLDG MAINT-PW Parks&Recreation $38.35 E 01-4335-310-50 BLDG MAINT-PW Road&Bridges $38.35 E 15-4335-310-60 BLDG MAINT-PW Utility Enterprise $38.35 Search Name ZIEGLER INC $115.05 $117,393.65 page119 8a. 1101 Victoria Curve I Mendota Heights,MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-helghts.com mCITY OF MENDaTA HEIGHTS Request of City Council Action DATE: May 3,2022 TO: Mayor Levine and City Council; City Administrator Jacobson FROM: Tim Benetti, Community Development Director SUBJECT: Resolution No. 2022-34 Approving the Preliminary Plat of LILLIE'S LAKEVIEW ADDITION [Planning Case No. 2022-07] INTRODUCTION City Council is asked to consider adopting a resolution approving the preliminary plat of a new subdivision titled Lillie's Lakeview Addition. The Applicant (Developer) is Sean Doyle with SD Companies, LLC. The subject property is located at 945 Wagon Wheel Trail. BACKGROUND The subject property is an un-platted parcel of land consisting of 6.05 acres total, of which 3.05 acres is considered "water acres" or part of adjacent Rogers Lake. The property is currently owned by Helyne Pince,and Mr. Doyle has a purchase and entitlement agreement with the Pince family. The plat proposes two new single-family residential parcels,with Lot I consisting of 3.28 acres and Lot 2 at 2.06 acres. The plat is dedicating a 33-36-ft.wide strip of land to the south for additional Wagon Wheel Trail right-of-way (ROW); and also a 30-ft. wide strip of land along the west edge, which completes the 60-foot right-of-way for a future Rogers Avenue. There are no plans by the Applicant or the City to install or fully improve this Rogers Avenue at this time. Access to both lots will be over and across this undeveloped Rogers Avenue ROW by means of a license agreement, similar to what has been previously granted to the two properties to the west of 953 and 963 Wagon Wheel Trail. A private shared driveway and maintenance agreement will also be provided. At the April 26, 2022 Planning Commission meeting, a planning report was presented on this plat; and a public hearing was conducted. There were comments from the public, but no objections to the proposed plat. A copy of the 04/26/2022 report,along with all related attachments and meeting minutes are appended to this memo. Please take note that City Council is only giving consideration to the revised preliminary plat identified as "LILLIE'S LAKEVIEW- OPTION B"in this council packet. The April 26 Planning Commission Report included an original plat with similar double lot layout,which showed the required lot frontage(on a public roadway)was being met along the expanded Rogers Avenue ROW to the west. However,upon distributing and posting the Planning Commission packet to the commission and public, a councilmember contacted city staff and expressed some reservations on whether the north lot met the required frontage standard on the un-improved Rogers Avenue ROW, and felt the frontage should be made on the improved Wagon Wheel Trail to the south. page120 Staff consulted with the City Attorney on this issue, who opined that the parcels to be created (on the original plat-Option 1),along with the dedication of the additional ROW for Rogers Avenue,would satisfy the city development standard in Title 11 — Subdivision Regulations. While appreciative of this opinion, the Applicant instead chose to revise this plat and re-submit an alternative Option B plat map for consideration to the Planning Commission. This revised plat now illustrates the north Lot 1 with a 100- foot wide "flag-shaped" lot boundary strip extending southward and onto Wagon Wheel Trail, while the reconfigured Lot 2 will have over 300+feet of lot frontage along the same road. AUTHORITY The City Council is using its quasi-judicial authority when considering certain action on a land use or zoning decision,including this subdivision request,and has limited discretion. A determination regarding whether or not the request meets the applicable code standards is required. The resolution confirms this determination. RECOMMENDATION This revised plat of Lillie's Lakeview - Option B was officially presented to the Planning Commission at the April 26,2022 meeting and made part of the public hearing process. This plat was deemed an acceptable and allowable replacement to the first plat included in the original April 26 Planning Commission report. The overall analysis and findings made in the April 26 Planning Report were not changed,nor affected by this revised Option B plat. At the April 26 meeting, the Planning Commission recommended favorably (5-0 vote) to approve the Preliminary Plat(Option- B) of Lillie's Lakeview Addition,with findings-of-fact to support said approval and certain conditions memorialized in the draft resolution. ACTION REQUIRED City Council may affirm the recommendation from the Planning Commission by adopting RESOLUTION NO. 2022-34 APPROVING THE PRELIMINARY PLAT OF LILLIE'S LAKEVIEW ADDITION AND FOR THE PROPERTY LOCATED AT 945 WAGON WHEEL TRAIL. This matter requires a simple majority vote. page 121 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-34 RESOLUTION APPROVING A PRELIMINARY PLAT (SUBDIVISION) OF LILLIE'S LAKEVIEW ADDITION LOCATED AT 945 WAGON WHEEL TRAIL (PLANNING CASE NO. 2022-07) WHEREAS, Sean Doyle with SD Companies, LLC (the"Applicant"and/or"Developer") submitted under Planning Application Case No. 2022-07, a request of a new subdivision plat to be titled Lillie's Lakeview Addition, for the property located at 945 Wagon Wheel Trail (the "Subject Property"), and legally described in attached Exhibit A; and WHEREAS, the subject property is guided LR-Low Density Residential in the 2040 Comprehensive Plan and is situated in the R-1 One Family Residential district; and WHEREAS, the requested preliminary plat of Lillie's Lakeview Addition would create two (2) new single family lots on the subject property, and which plat also provides for the dedication of additional right-of-way needs for the adjacent Wagon Wheel Trail roadway system to the south, and Rogers Avenue roadway to the west, and new drainage and utility easements throughout the plat, all described and illustrated on the attached preliminary plat maps labeled Exhibit B; and WHEREAS, Title 11-1-1 of the City Code (Subdivision Regulations) allows the subdivision of properties, provided the resulting lots are compliant with the requirements of the applicable zoning district; and WHEREAS, on April 26, 2022, the Mendota Heights Planning Commission received and accepted a revised preliminary plat labeled"Lillie's Lakeview—Option B"for consideration, held a public hearing on this matter, and whereupon closing the hearing and follow-up discussion on this item, recommended unanimously (5-0 vote) to approve the subdivision request, 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 preliminary plat subdivision of Lillie's Lakeview Addition as proposed under Planning Case No. 2022-07, and for the property located at 945 Wagon Wheel Trail, can be approved based on the following findings of fact: A. The proposed plat meets the purpose and intent of the Subdivision Code. B. The proposed plat request meets the purpose and intent of the City Code and is consistent with and supported by a number of goals and policy statements in the 2040 Comprehensive Plan. page122 C. The proposed lots will meet the minimum standards required under the R-1 One Family Residential District. D. A wetlands permit for future construction on each lot will require and ensure compliance with applicable land disturbance and drainage standards to ensure there are no negative impacts to the surrounding water body and natural environment. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the preliminary subdivision plat of Lillie's Lakeview Addition,as proposed under Planning Case No. 2022-07, is hereby approved with the following conditions: 1. A wetlands permit must be submitted for review and obtained prior to any proposed/new single-family development is allowed on each new lot. The concept building pads presented under the preliminary plat map do not represent or provide any pre-approval of a new single-family building layout on each lot. Final layouts and setbacks must meet R-1 Zone standards and shall be approved under separate Wetlands Permit application for each lot. No clearing of the Subject Property shall be conducted until a wetlands permit has been submitted and approved on each lot 2. The two new properties created under this plat must have their access granted under a new (or revised) License Agreement with the city, and if necessary, the two adjacent properties to the west; and also a revised Shared Driveway Agreement between all residential properties utilizing this undeveloped ROW for their own driveways and access. 3. Prior to any new development work on the site, all existing structures on the subject property will be removed with an approved demolition permit issued by the City's Building Official. 4. Full erosion and sedimentation measures will be put in place prior to and during any new construction work activities, including the demolition of the old/existing structures, any tree removals, or installation work needed for of any private utilities or services to the new lots. 5. A building permit, including all new grading and drainage work, must be approved by City Staff prior to the commencement of any new construction work on any single-family residential dwelling on each new lot. 6. A complete and detailed grading plan,utility plan and landscaping plan that adheres to the city's Pollinator Friendly Policy and Native Plantings List must be submitted with each new Wetlands Permit for each lot. The subsequent building permits on each lot shall comply with any conditions of approval related to each wetlands permit review and approval. Mendota Heights Res. 2022-34 Page 2 of 6 page123 7. All new construction and grading activities throughout this development site and on each new buildable lot 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. 8. An additional park dedication fee of$4,000.00 must be paid before the final plat is released by the city for recording with Dakota County. 9. All work on this development site will only be allowed between the hours of 7:00 AM to 8:00 PM Monday through Friday and 9:00 AM to 5:00 PM on the weekends. 10. All disturbed areas in and around the project site shall be restored and have an established and permanent ground cover immediately after the project is completed. 11. Best efforts will be made by the contractor(s) to "come clean, leave clean" during the course of any construction on the Subject Property. Adopted by the City Council of the City of Mendota Heights this 3rd day of May, 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 Mendota Heights Res. 2022-34 Page 3 of 6 page124 EXHIBIT A PI D# 27-03500-03-010 PROPERTY ADDRESS: 945 Wagon Wheel Trail, Mendota Heights, MN 55120 Legal Description: (Certificate of Title. No. 173862) That part of the North half of the Northeast quarter (N 1/2 of NE 1/4) of Section Thirty-five (35), Township Twenty-eight (28), Range Twenty-three (23) described as follows, to wit: Commencing at the Northwest corner of the Northeast quarter (NE 1/4) of said Section Thirty-five (35), Township Twenty-eight (28), Range Twenty-three (23), running thence East on the north line of said Section, three hundred seventy-five (375) feet, thence South at right angles Eight hundred fifteen (815) feet more or less to the center of Prospect Avenue, thence Northwesterly along the center line of Prospect Avenue to the west line of the Northeast quarter (NE 114) of said Section Thirty-five (35), thence North along the west line five hundred twenty-five (525) feet, more or less, to the place of beginning, containing six (6) acres, more or less. [Torrens Property] Mendota Heights Res. 2022-34 Page 4 of 6 page125 EXHIBIT B VVVLIVIVV VVVa LILLIE' V VVVVIVT�1 TI �i V V VIV V 99 V 99 h °ca°F RONMcnce.ne" ,.. _ c�Er Roy MON�MEr„.,oRrHEa 111EI o ra-sHP 21 a°NCEEi „.,. sEcnoH 35 rosHP za w eE n�rHI uo E - _NaaT,E T ounaiE �`, —,@ 599'S]'35'E ,� 375.00 \ -- _._.._.._.._ .,.., _ �— -- _ --------------- a,e �s.00 "gym r..R.x.x«.,E�onm vbx��a afl.ro.m�e I � ,emn o. T� � I eg .J?I ® � \. v; „ a, �( � i m BLOCK 1 ' ;• SCALP,iK FPF't w g �$IP[•w / $ e °SCALP.-la INCH=30 PEPT � p 1mearn> 1x1s.�aso.n.cl a.wRes RE v ,sb oRo �� a as lER-r.rE 01 I IESSITI DIR ��EEr KNo� R�wAr I 1L E G E N D orEo \ p„ TE - _ \\` �E ,s LE I E w T lrvE of inE Natin Easr aunRiE E isEcnoH 3s T..Ely T` "i.2o r �- .RnNriE zz E - i 11..,sE. El_1 i_.rE xrEncE \ \� enss of eEnR nos:onxorn wu coowo NniEs Hno as(11H nozusn T 945 WAGON WHEEL TRAIL MENDOTA HEIGHTS, MN e irn x°,exa xagms uw sea 6wo H or„a u' z�>•� _\ — ,� ._. LA G' f. La\'D iC/.IZ'}ZZYG. L\"('. 1200—TRE POI.NTF.C!'P.I'F. SI ITF,47.5 ` awrAuur sir°°r-oi_wav_ $ xa SALA'Z k'A('L.M(.Fh1'-1A 15 110 PFO.IF l,',iI 1i1 1211 page126 EXHIBIT B Pl�; � -.' LIMINAR 1 PLAT OPTION 99H99 A— PONr of oo NENOENENT CSE.,'ESrHE °TH E r.,c E o M »r f E 1 z SI >Ez ",� 589'SY35E 3]5.00 cnoN.ts a 2e ° - .- zzss.as s1 J5 w 3°...c i . ---------- _ _ __zz.00————------- 34s°o _xomu uxc orsrcncN as use eEixc TH uaTx ur.F.1 uwFI momox \—axmxuxr nirn ecv M a,z. IF umw za. z-ass xcvo za _ i-- \ ARES.lAAS <s°a HIS 3za AIIIS - I 3 s i I P o r I � ------ essEe<E 211 111 z,s o0 W F — > a i I II I w � i III I P BLOCK 1 V z I� - - �I -- im eo, e so.Fr.11<.oe F_Fe_ 74 C� w I I SCALE 0.FEET / G wl , _ J o / llEIT scaEE E wcH so FEET I ° 7m;np H e as AS Pee STATEo�MinNEnNR Rs III - � I I e\ I I I I T, E G E N E � m� 2 °E.°TEs EaKIT,NFINTE sETT°N-N—IT F1111,—E«1°TE1 q l o K sqe R —I o�+oTrs cR�eAe A s s M°N°NENT TET�o� PE°RLs sAs. s �,�� <. ,x v _,. °Ee°TE=K°N M°NINENT F°�No=zF T,PE AN.�E AS N°TE° �P� A I`' sre — —x-- —i--- BEARINGS aTHE�N� 15��35 E u.a�°°K,. �LE=A°°ITI°N I TlEl—= HAS AN ABEA a o�� �x�,xxuT.o xx�ss °` xo 945 WAGON WHEEL TRAIL, MENDOTA HEIGHTS, MN e� x as A HA ybo°k N—FLIT LAKE &L4ND SURVEYING.INC. a,s cr n.�xuE P°N0'0 /too CENTRE POINTE CERVF,.Sr7ITF..375 -T P9 L'L,MINNFSOTA 55120 PHONE:651-I96-62!l Mendota Heights Res. 2022-34 Page 6 of 6 PRELIMINARY PLAT: page127 LILLIE ' V LAKEVIE VV „�eeo ,e e,mezi�a (3s(nalo sN`�o�T °�re�9�°�rNe(.Da�9e T � 1�,ee 9 9 9 9 ""I"IF Ile e o11 s, ,mE 1/0) �i� e(15) 1(2dC,R �N�si� e�3Nsi�Te — 11(NE 11") aye a«11) 101�e IOZ oT 9 9. ,(1)Ones.mo,e o,less. FONT T ION � GA 'ECT NINENT NORT„EAST COINED CAST RON 'NNE 2---- ,s 5 TOWN LL P 28 RANGE 23 NOR'B au ARTER cDRNER OF SECT ON Ts HE`.NORTnEnsT ouARTER ,� '' x - $ 589'S7'35"E 375.00 AT'. SENA IF NDRTB WEST OPEN ER DF as N1117 15 CIe _ � oR R ENE DF=«oN Ts ' Txxlx R R=rd"ifixl °, ,i, oR �MODR EEEAATDN.a,zE `eTa, � l UP si i 1 IIICex A O,�FA T ION 4AT ET OR,.0 RER a 3 r<.a,e o1 BEN lid-,,�1e � I � �,, M��R a 2022 T,9,NOD 2x I xT x,„ , SE 0 DOING V", a u� �� w 3 N h.x w m ,G N eases r' �. -- E. ----+ _ EP w _a -- ---- i ►t ^. ., , o o, o � o ; -� L BLOCK 1 �I o� ,�,,, i s•uw ,ten � II II x m o P 'kP zNCixc .,, o oznx, s ureic / 1 c �5 C O Ilo SCALE, IN FEET, �'� / c N Tmn n.ore zoa IIIE1 xMONTE: I INCH=30 FEET c m a P r' .„ EDT ueEn oeoRE anw. ,e sn.n.ore new Es �' dsTs u. III . —uaRrr v zoa, - w w r, A—, R Js4� 1x areG As aFR STATE OF IAN'e'z2 INARv wcB war °a MI ESOTA DID � w is, L E G E 1N D DENOTED 12 INOT COMMON 111E SET W�TB R°g �A WA�,ER'TAMPED Res,DADA OR As NOTED -- IRON MONUMENT vvE L RES AS Es Ex ES E sT Nc SPOT ERE VAT ON \ EXISTING GRADE CINTGOP DENO ES UNDERGROUND GAS LHE —s—DE-Es AANlTAII 1e 1 oa seeNCE V -SE71FENAE I \ DaN,bF,wo R,1s DF INF.TNUs DENOTES WOOD FENCE o DENOTES Gur 41"MORNBDLE V °L SO DENOTES STORM M O DENOTES STORM SEWER MANpoHEo E LN Os DENOTES sAN TARv scwER ® DENOTES WATER MAN MANBaEE® WEST ENE of THE NORTREAST"ARTER R DENITEs WATER VALVE -__ECTON 3s TOWNSH1 28 9Al2. % x yr rs•DENATEl WATER WELL RANGE 2J �.t s IT a DENOTNNN ES GAS METER N vn s urvEEss eSE WIGLII � 0. Y GIIS \ ��� R'�ya%\ p,RFRwis[s,owN IN irvo aueuc ❑DENOTES FIRE HYDRANT FEAT. ENOTES CONCRETE SURFACE ��: BASIS OF BEARINGS:DAKOTA COUNTY COORDINATES NAD-83(1986 ADJUSTMENT m Aw 945 WAGON WHEEL TRAIL, MENDOTA HEIGHTS, MN \ rpa'iy1 Dx�e IF c eR 705,0,d0,U1 SHIP Si�ISO r DID TT TT °25p� 'UOSE US-saciu®a'ucN vo.u. xe LAKE &LAND SURVEYING, INC. I�—TErnE E) Al OEI ie 1200 CENTRE POZNTE'CURVE', SUITE 376 Nlcau — — srnxuWux slim ,O o x , s SAINT PAUL,MINNESOTA 55120 ox pamrexao-�e o'6 xxm,, a PHONE: 651-776-6211 PRELIMINARY PLAT: page128 LILLIE ' V LAKEVIE VV o1ceI„�eeo ,e e,mezirzn ��I35ErveIo�°se`�on,"°°�re�9e°°rze�.Ra�4e T���,e,ee 9 9 9 9 «3��anm�rvn.1 I ,mE 1i4) �i� e(a) 1C2O,I ����si� e si�,n — 11(NE 1)`o na�e a°<5zs"� o,less. , ,O,ee mare o. 4 4. o�,o rz :`isirzares.mo,e o,less. POINT OE I NUENN N M N NEN CAST IRO CAST IRON MONUMENT NOE CORANAENER-- RANGE E N I--- ONUM RTHAST A xsa SE I Nc THE NDRTH WE ST CORNER OF THE NORTHEAST QUARTER `,� 589S7'35"E 375.00 SEcnaN 3.T IP z. - - 2255 as�Ne557 35"w -- - 30.00 ,20.00------— --- 225.aa -- - - ---A 145 00 \ usn eeiNa Tne NareTn urve aF uwcs womoN \—reownre.nien wn*ere(anxA mrv�Dure czzvnuarv:azzz RP �ATF1,s3.DO 222 ".s5 NO.zs. -- AREA.142,874 SO FT OR 3.28 ACRES �. FE - I 3 I I 1-54 E 245.00 a u, I 211 PC OOa Ed ---------------------------- Ed a u) o BLOCK 1 AREA.av,P SO.FT.OR 2CA ACRES G Q) I I I / I SCALE IN FEET V ART OSCALED I oINCH=30 FEET -- / oaD ER(oHWE EE[v�TION,4aGi2.2 N c HIGHEST HIGH WA / AS PER STATE OF NINNEIITA INR DFAE �2s-a. uaaatzoe, —_ z.� IT V I _ T, IC,C °s C) lo oG��ti L E G E N D IIANIII�reIA—INISSCALE 0 DENOTEC DAHOTA ODNT4 SECTION MONUMENT EDUND.TYPE s NOTED \ 'Po z� A .nus o DENOTES,4 NCH A 5/8 NCH REEAR A MONUMENT SET AND CAPPED RES 16454. v • DENOTES IRON MONUMENT FOUND,SIZE,TIDE AND RES AS NOTED �q s2� O —s FT A�qD ass°Ge 10 IT TO BASIS OF ISUMED THE NORTH LINE OF LOT,,BLOCK,,LILLIE'S ADDITION mnFRwls[s,owN ON p�AT. NAS AN ASSUMED BEARING OF S89'57'35"E \ -� 6 irvo aueuc wnvs urv,css 945 WAGON WHEEL TRAIL, MENDOTA HEIGHTS, MN S SHI n1 once eR� 'e�gs4 neren H,,911,Ory 55118 FEND 'P �enuc pi<�saciu®a'uc� vo K. ne LAKE &LAND SURVEYING, INC. so I INN OIN As PRomFCT nucNUF "PP N0 3° ieHRELM 1200 CENTRE POZNTE CURVE, SUITE 375 sr nxuW uxzim SAINT PAUL,MINNESOTA 55120 PNON es ewxuruAui.me num w a PHONE: 651-776-6211 page129 1101 Victoria Curve I Mendota Heights,MN 55118 651.452.1850 phone I 651.452.8940 fax www.mendota-hei ghts.com mCITY OF MENDOTA HEIGHTS Planning Staff Report - Amended DATE: April 26, 2022 TO: Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Planning Case 2022-07 Preliminary Plat of Lillie's Lakeview Addition APPLICANT: SD Companies, LLC(Sean Doyle) PROPERTY ADDRESS: 945 Wagon Wheel Trail ZONING/GUIDED: R-1 One Family Residential/LR-Low Density Residential ACTION DEADLINE: July 25, 2022 INTRODUCTION The applicant is seeking approval of a new subdivision of the property located at 945 Wagon Wheel Trail. The proposed plat is intended to create two (2) new lots for single-family residential development. The property is currently owned by Helyne Pince, and SD Companies has the subject property under contract to purchase, subject to an accepted entitlement application. This item is being presented under a fully noticed public hearing process, with notices published in the Pioneer Press newspaper; notice letters mailed to all owners within 350-feet of the affected parcels, with notices posted on the city's website and city hall bulletin board. There were no written comments or objections to this subdivision request. BACKGROUND The subject property is generally located at the northwest corner where Wagon Wheel Trail meets ;; up with Rogers Lake-North. The overall property is an un-platted parcel of land consisting of 6.05 Vx: acres total, of which almost one-half or 3.05 acres are considered "water acres" of Rogers Lake (see GIS image right). . The property currently contains a 2,184-sq.ft.,two- =° story single family dwelling, built in 1973, along with a few small sheds north of the home. These d structures are planned to be removed. The property is currently accessed by a long partially paved and shared driveway coming from Wagon Wheel Trail. " This shared driveway is located within parts of a half-section street ROW and the subject property, which serves not only this property, but also two separate properties to the west. `�- page130 The Applicant intends to subdivide the subject property into two new lots,with Lot 1 at 93,289-sf. or 2.14 acres; and Lot 2 at 139,304-sf. or 3.20 acres. The unplatted and legally described areas of this property extend out into Rogers Lake;out to the centerline of Wagon Wheel Trail to the south;and up to the 30-foot wide half-section of right of way known as Rogers Avenue (labeled "PRIVATE RD" on the GIS map); and up to the boundary line of Mendakota Golf/Xcel Energy right-of-way/easement strip to the north. The plat is proposing to dedicate additional public right-of-way for Rogers Avenue to the west and Wagon Wheel Trail to the south. Access to both lots will be granted from the "expanded" Rogers Avenue right- of-way area,which will be detailed and explained later in this report. ANALYSIS Comprehensive Plan The subject parcel is guided LR-Low Density Residential in the 2040 Comprehensive Plan. The 2040 Plan includes the following general description for said uses in this land use category: LR—Low Density Residential(2.0-2.9 DU/Acre) This land use is the most prevalent land use category in the city and generally allows development of single-family principal and accessory uses. This designation corresponds to the R-1 zoning district, which requires a minimum lot size of 15,000 square feet and minimum lot width of 100 feet. As noted previously,the overall unplatted lands of this subdivision total 6.05 acres. The plat is intending to dedicate approximately 15,250 sf. of right of way, leaving a net(total) acres of 5.70 acres. The Comp Plan provides that new single-family residential developments must not exceed a maximum density of 2.9 units per acre. In this case,the calculations is 0.35 units/acre (calc. 2 units/5.7 ac. = 0.35),which is well under this limit called for under this LR land use category. By calculating the lot area minus the road ROW and wetlands,the net area of each lot becomes 53,375-sf. for Lot 1 and 47,510-sf.for Lot 2,or 100,885-s£,or 2.32 net(dry)acres. This net acres calculates to approx. 0.86 units/acre (2 units/2.32 ac. =0.86). Plat Standards Under Title 11, Subdivision Regulations, the intent and purpose of this section is to "safeguard the best interests of the city, and to assist the subdivider in harmonizing[their] interests with those of the city at large, this title is adopted in order that adherence to same will bring results beneficial to both parties. It is the purpose of this title to make certain regulations and requirements.for the platting of land within the city pursuant to the authority contained in Minnesota statutes, which regulations the city council deems necessary for the health, safety and general welfare of this community." Upon first review of this proposed two lot subdivision, it appeared this parcel could have been considered under City Code Sect. 11-1-5: Exceptions,which provides an option to landowners the ability to request a minor subdivision or"Lot Split" review— instead of a full preliminary and final plat submittal. City staff however, recognized an opportunity to acquire ROW segments from both Wagon Wheel Trail to the south and Rogers Avenue to the west; and upon conferring with our city attorney, it was recommended that due to the un-platted nature of this land,the Applicant should submit a full Preliminary/Final Plat application instead,which he has agreed to in this planning case. City Subdivision Code Section 11-3-2 allows the subdivision of parcels,provided that the resulting lots are compliant with the requirements of the applicable zoning district,and meets the following standards: A. Lot Area,Width and Depth:The minimum lot area,width and depth shall not be less than that established by the zoning ordinance in effect at the time of adoption of the final plat. Planning Case 2022-07(Lillie's Lakeview Addn.) Page 2 page 131 B. Corner Lots: Corner lots for residential use shall have additional width to permit appropriate building setback from both streets as required in the zoning ordinance. C. Side Lot Lines:Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines. D. Lot Frontage: Every lot must have the minimum frontage as required in the zoning ordinance on a city approved street other than an alley. E. Building Setback:Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required by the Mendota Heights zoning ordinance. On those lots which are intended for business use,the setback shall be at least that required by the zoning ordinance. For the R-1 One Family Residential Districts, all new lots must have a minimum of 15,000-sf. of lot area. In this case,both lots easily meet and exceed this minimum size standards. All new R-1 lots must also provide a minimum 100-feet of frontage along a public street. Per Title 11, Subdivision Regulations; Sect. 11-1-4, a STREET is defined as: "A public right of way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare,parkway, road, avenue, or boulevard, in accordance with the metropolitan councilfunctional classification of transportation facilities. " In most new subdivision application requests,if there are opportunities to provide specific areas of land for streets (both existing and future), or even trails,parks,utility easements and other spaces within a plat,the city may request Developers provide or dedicate certain lands for specific public purposes. The properties located to the west of this proposed plat are situated in an existing subdivision known as Caroline's Lake View Addition of 1927 (see partial plat image-below). CAROLINE'S LAh7: 'V1 L- r 0 7NWAMS IR Mf SCALE 1'-200° N.r,e.xrick Sc.3SC ? 8 -9 10 H 1Z 13 IA !S P.R0SP£C7 AR. Lfe ,� r ae tae° pr" siv 4 ?5 Z4 23 22 ZI 20 19 18 1T 16 1 �� rr xa� zw zoo' / 10 Prospect Avenue shown on this plat image is where Wagon Wheel Trail exists today;and along the easterly edge of Lot 15,there is a 30-ft. wide/500-ft.long right-of-way strip dedicated as a half-road section. It was likely the intent of the county or township (at that time-and later became the City)to include an additional 30-foot strip on the other side if or when those properties were platted,which in turn would have provided a full 60-foot wide ROW section for future"Rogers Avenue"extension to the north. While this half-section of ROW exists today, it has remained undeveloped or unimproved probably since 1927. Under this plat consideration,the City is requesting the Applicant to dedicate the other 30-foot wide strip along the west Planning Case 2022-07(Lillie's Lakeview Addn.) Page 3 page132 edge of the property for Rogers Avenue. The city will not require the Developer to improve or pave this roadway section at this time. The two properties to the west of the plat— 953 and 963 Wagon Wheel Trail have access over and across the section of Rogers Avenue ROW by means of a License Agreement approved by the City in 2013. This agreement was created due to the city approving a new separate lot split from the larger 963 WWT parcel, and creating the 953 WWT parcel to the south. This license agreement also provided a Shared Driveway Maintenance Agreement between all the properties using this right of way. The City will condition the Developer/Applicant to add these two new properties to this License Agreement, and revise/update the Shared Driveway Agreement between all residential properties utilizing this undeveloped ROW for their own driveways and access. The Applicant has provided a general plan for the plat, which illustrates the two proposed dwelling pad sites for each new parcel. These pads are for illustrative purposes only,and do not represent the final layout or location of the future residential dwellings. These pads are required to be shown on any new preliminary plat in order to visually demonstrate that each new lot can fit or accommodate a reasonable sized residential structure inside the lot(s), and ensure all minimum setbacks are or will be met. The plat includes a "setback delineation" boundary for any new dwelling structure on each lot, which includes a minimum front-yard setback of 30-feet (from new easterly ROW line of Rogers Avenue); 15- foot side-yard setbacks; and a 75-foot rear yard setback— as measured from the ordinary high water line (OHWL) on Rogers Lake. This added setback is part of the Minn. Dept. of Natural Resources (DNR) identification of Rogers Lake as a Recreational Development water body; with various structure setbacks noted in the table—below: Public Water Structures Unsewered Structures Sewered Sewage Treatment Classification System Lakes Natural Environment 150 150 150 Recreational 100 75 75 Development Rivers Urban 150 150 150 Wetland Impacts Per Title 12-Zoning, Chapter 2 Wetlands Systems, Sect. 12-2-3, any development or construction work on lands within 100-feet of normal high water markers of wetlands and water resources (as delineated on the official city wetlands systems map) shall be subject to a Wetlands Permit application review process. Since this plat and new lots abut Rogers Lake, it is likely that new construction will take place within 100- feet of the OHWL of Rogers Lake. Since these lots are proposed be developed with custom-built dwellings, the exact location or footprint of each new home is not known at this time, but will be demonstrated later when the developer submits a separate Wetlands Permit application on each lot. As stated previously,the proposed building pad layouts shown on the Preliminary Plat is not official or the final determination of the new home layout. The future wetlands permit review will provide a more accurate depiction, description and illustration for any new development on each lot. The initial (or preliminary) dwelling layout,grades,landscaping and other improvements will be approved under the separate Wetlands Permit, and later reviewed and approved by city staff at time of building permit review. Trees & Vegetation The Applicant provided a very detailed survey and plan that illustrates a large number of significant trees scattered throughout the subject property. Most of these trees appear to be identified as deciduous species Planning Case 2022-07(Lillie's Lakeview Addn.) Page 4 page133 consisting of ash,maples, cherry, cottonwood, and oaks ranging in various sizes between 6—24-inches in diameter,along with a few 6— 12-ft. high pine or coniferous trees. The Applicant/Developer intends to preserve and protect a number of these trees during the removal of the old structures, and save as many as possible during the course of constructing the new homes on each lot. However, the large number of ash trees identified on this site (Existing Conditions/Survey) may lead to a number of these trees to be removed as part of the EAB management program. Even so,the Developer has stated they will make every effort to save and protect any significant tree(s)throughout the site; and have agreed to provide individualized and custom designed (architectural) landscape plans on each new home site that will comply with the city's Pollinator Friendly Policy, with new trees and vegetation to comply with the related Native Plantings List. Utility& Easement Plans The preliminary plat shows new (and separate) water and sanitary service lines will be connected into the systems underneath Wagon Wheel, and extended north inside the Rogers Ave ROW, and serve the north lot (Lot 1) of this subdivision. It is assumed the proposed home on Lot 2 will be utilizing the existing services provided to the 945 WWT dwelling in the future. The exact location and layout of these service lines will have to be reviewed by the City's Public Works Director, since these lines are intended to be placed inside the expanded Rogers Avenue ROW. All new lots will have perimeter drainage and utility easements provided. These easements will be provided or officially dedicated under the recorded final plat map. Dakota County Review The submitted preliminary plat map identified Wagon Wheel Trail as [Dakota] County Road No 16. Typically, any plat that abuts or accesses on to a state or county roadway system is sent to the respective governmental unit for review and comments. After city staff sent this on to Dakota County for their review, DC representatives responded immediately that this segment of Wagon Wheel Trail is no longer a county roadway system; and therefore not subject to county plat commission review. The identification and notation of"County Road No. 16"on the final plat map will be revised and adjusted accordingly. Comprehensive Plan Statements The following goals and policies statements from the city's 2040 Comprehensive Plan may be used, considered or lend support to the approval of this land use request: LAND USE GOAL 1: The Future Land Use Plan will provide the foundation for all land use decisions in Mendota Heights. Policies 1. Development and redevelopment of housing,businesses,transportation systems,parks and community facilities shall be done in accordance with this Plan. 2. The city will strive to create a balanced land use pattern that provides appropriate designations that meet projected growth and market demand. LAND USE GOAL 2: Preserve,protect, and enrich the mature, fully developed residential neighborhoods and character of the community. Policies 1. Subdivision and zoning standards will require high quality site and building design in all new developments. 2. The city will emphasize quality design, innovative solutions, and general focus on aesthetics throughout the community, including within existing developments and buildings. Planning Case 2022-07(Lillie's Lakeview Addn.) Page 5 page134 HOUSING GOAL 1: Preserve and improve existing neighborhoods and housing units. Policies 2. Explore options for flexibility in Zoning Code standards and encourage reinvestment in existing houses. HOUSING GOAL 2: Meet future needs with a variety of housing products. Policies 1. Encourage life-cycle housing opportunities in Mendota Heights of various forms and tenures that allow residents to remain in the community throughout their lives. This includes: I. Maintenance of existing entry level housing. ii. Construction of move-up single-family development that supports life-cycle housing. iii. Construction of various types of senior housing, including senior ownership units, senior rental units,memory care and assisted living units. iv. Support the development of a mix of affordable housing opportunities for all income levels, age groups, and special housing needs. 2. Encourage environmentally sustainable housing development and construction practices. 3. Provide for housing development that maintains the attractiveness and distinct neighborhood characteristics in the community. REQUESTED ACTION Following the public hearing and discussion,the Planning Commission may consider the following actions: 1. Recommend approval of the Preliminary/Final Plat of Lillie's Lakeview Addition, based on the attached findings of fact and conditions of approval as noted herein; or 2. Recommend denial of the Preliminary/Final Plat of Lillie's Lakeview Addition, based on specific and revised findings-of-fact as determined by the Planning Commission; or 3. Table the plat application, and request additional information from the Applicant and/or city staff. RECOMMENDATION It is recommended the Planning Commission give favorable consideration to Alternative No. 1,the approval of the Preliminary/Final Plat of Lillie's Lakeview Addition,based on the findings-of-fact that support such approval,along with the following conditions: 1. A wetlands permit must be submitted for review and obtained prior to any proposed/new single- family development is allowed on each new lot. The concept building pads presented under the preliminary plat map do not represent or provide any pre-approval of a new single-family building layout on each lot. Final layouts and setbacks must meet R-1 Zone standards and shall be approved under separate Wetlands Permit application for each lot. 2. The two new properties created under this plat must have their access granted under a new (or revised)License Agreement with the city,and if necessary,the two adjacent properties to the west; and also a revised Shared Driveway Agreement between all residential properties utilizing this undeveloped ROW for their own driveways and access. 3. Prior to any new development work on the site, all existing structures on the subject property will be removed with an approved demolition permit issued by the City's Building Official. Planning Case 2022-07(Lillie's Lakeview Addn.) Page 6 page135 4. Full erosion and sedimentation measures will be put in place prior to and during any new construction work activities, including the demolition of the old/existing structures, any tree removals, or installation work needed for of any private utilities or services to the new lots. 5. A building permit, including all new grading and drainage work, must be approved by City Staff prior to the commencement of any new construction work on any single-family residential dwelling on each new lot. 6. A complete and detailed grading plan, utility plan and landscaping plan that adheres to the city's Pollinator Friendly Policy and Native Plantings List must be submitted with each new Wetlands Permit for each lot. The subsequent building permits on each lot shall comply with any conditions of approval related to each wetlands permit review and approval. 7. All new construction and grading activities throughout this development site and on each new buildable lot 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. 8. An additional park dedication fee of$4,000.00 must be paid before the final plat is released by the city for recording with Dakota County. 9. All work on this development site will only be allowed between the hours of 7:00 AM to 8:00 PM Monday through Friday and 9:00 AM to 5:00 PM on the weekends. 10. All disturbed areas in and around the project site shall be restored and have an established and permanent ground cover immediately after the project is completed. 11. Best efforts will be made by the contractor(s)to"come clean,leave clean"during the course of any construction on the Subject Property. Attachments 1. Site/Location Map 2. Letter of Intent 3. Certificate of Survey—945 Wagon Wheel Trail 4. Preliminary Plat of Lillie's Lakeview Addition 5. Final Plat Map of Lillie's Lakeview Addition 6. License Agreement for 963 Wagon Wheel Tail(for reference only) Planning Case 2022-07(Lillie's Lakeview Addn.) Page 7 page136 FINDINGS OF FACT FOR APPROVAL Subdivision Plat of Lillie's Lakeview Addition 945 Wagon Wheel Trail The following Findings of Fact are made in support of approval of the proposed requests: 1. The proposed plat meets the purpose and intent of the Subdivision Code. 2. The proposed plat request meets the purpose and intent of the City Code and is consistent with and supported by a number of goals and policy statements in the 2040 Comprehensive Plan. 3. The proposed lots will meet the minimum standards required under the R-1 One Family Residential District. 4. A wetlands permit for future construction on each lot will require and ensure compliance with applicable land disturbance and drainage standards to ensure there are no negative impacts to the surrounding water body and natural environment. Planning Case 2022-07(Lillie's Lakeview Addn.) Page 8 "�'^'�• ���'� ..: m�ti.. �LP;���w fop, (� �. r ,tjrV- re 4 ,urc T- • w+ r r'r'+,+r° '1'fl .lr .. ���9.' . ";�v thf.�lr -�s si'• r 'm, }*t� _ 14 ,r,�.�' f LOOKING TOWARDS CURRENT HOME } ,a,, "'^��fin• "Y. w f -f a a Az, };i' i 58ry a }' a. Fk' y'"""a `� jr�•�j'�s��. �hV.t y+�2'�II '��I, ;� WWy. , r i r 1 C .T i a S r • i rA &"S` {R pf r i t �� -'' • r r � ',�4.5` ,. l 6c", .. f� rye �Y� �c����,.f. �} +r '��'rt��iY7� ��J:c�g��,t - ,y - r%•• 0 ...,uer r F r- ,. .. ... .. T.M.MoTo' 1 page139 945 WAGON WHEEL TRAIL City of (Location Map) Mendota 0 400 Heights 4/20/2022 SCALE IN FEET F7 —-------------- .j i JL IF e This.imagery is op ighted `nd 1ic sed�by Nearm.ap_US Lnc,wh c ins o�ridedrb) ►' ter 3f li d-r a�tlic , e, DakoaG i 'll w-d p[ d c� Offl'i C'p Add-OO f r G i im g,, s-r i b d, 64 sut5n, x ft'r p r- 1f j date;'p id-d know edg a rn ill b- u -d it i norms c urse• b s s d a,b- r- d d ribu -d page140 945 WAGON WHEEL TRAIL City of (Aerial-Details Map) Mendota o goo M Heights 4/20/2022 SCALE IN FEET 345 72 603 704 co ..r "_ 802 w oLn ��—�� v ' Cl) 01co 1002231 m w .0 N «� 0� ,.. N r cfi N +] V . 0 � J. r v; 2239 1 r 91 91 a N r3 03 1 7 72s �Q 1 y4 21 2� 1 Cl) c�... �� 11 18 12 w i A 1��, 7L,� QA 2247 96Age 0 "w �Q 9 �V rn co LO I A 69 " T may:ry is-opyxightud and licensed by Nearmap US Inc,which retains p ip of tnc!ma�,_ry' It is be g-provi�ded�by.Daklo�a County under the g tyat license. Una=_rthat Ili ensc—Dakota-C unty-is-allnd ed cc� @ the"Of ine Copy Add-On for Government',on which this NI rn g r i mch resolution,six months after the capture id d �k w�ldge' h'�a`t the imagery will be use their Jrtrr — ur b. _ d be resold o2distributed^farthe -� page 141 S D CUSTOM HOMES March 28, 2022 Tim Benetti City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: 945 Wagon Wheel Trail Re Plat Tim: We are requesting a lot split/re plat relating to the property at 945 Wagon Wheel Trail. Please consider the following: Intent: We are requesting that 945 Wagon Wheel Trail be split into two parcels since it meets the criteria set forth by the City of Mendota Heights municipal code. The existing home currently located on the property will be torn down and after the split our intention is to build 2 new single family homes on the 2 new parcels. With the re plat, we intend to deed the city 30' of the westerly property to fulfil a full 60' controlled by the city for future use if needed. The plan is to use the existing private driveway to access both newly formed parcels. By deeding the additional 30' of the west lot line, this creates a roadway for frontage to be on the private drive and not Wagon Wheel. We currently have a fully executed Purchase Agreement on the above property for the new parcel that would be created on the east side of the existing home with the contingency the property could be divided into 2 parcels. Construction of the new home would take place upon approval of all city permit applications and issuance of a building permit by the City of Mendota Heights. Our Request: Permission to divide the property into two parcels, creating 2 new single-family home sites on the north and south parcel. Sincerely, Sean Doyle Chief Manager SD Companies, LLC, d.b.a. SD Custom Homes CERTIFICATE OF SURVEY page 142 1,1111111—1Ge�„�e e o ,e a 1) „N iEs(Aelo�°se`�EeDE°° °e�g IN,J2 alVR e°°�ze(. D�;,,e,ee` ,NE,JA, u;. E3 „ e°(NEs)`o " - e°p3s,:ale a<az5 111, ,o „loreAT 2 ."�sEPare,.mo,e„,less. RAND AE RAN GA 'ET NDMENT NGRT„EAST�NER CAST RON MON NE 2---- ,s 5 TOWNSH P 28 RANGE 23 LIST H au ARTER CDRNER of_IN ON Ts HEwNoRTHEAIT.DARTER ,V '' ` „„ ° - $ 589'S7'35"E 375.00 Ls0 BErvc DHE rvoRDHwesD coRNER DE 11 ry _A „.,�, ., 22ss aes73sw A„ ,,,,,�° NAR.„LNG AT 21e,AN Ts N�2„a 2Az2 D,21 NG.2 5 -meA COL cc -------------------- Cl- 0 S'9 w wr s .„ . RNE O GRD EC°w wGTEoH EEL8722 AS PER STATE GEM NR , s w L E G E 1N D "2°S Cg 0 SACHE ST INCH COMMON SPIKE SET AITR Oy °oe wENO7E sRON MR RLs,eaaa oR As NaDED. ' As SITE.TTE A"S 'ENT EaurvD \ SCALE IN FEET TYPE &RLs As N OT E D '° '° Es Ex SDNG GRAD ELEVATIONDENOTES EXISTING GRADE`IN To" N SCALE: 1]NCH= 30 FEET GATEI OR SERVICE oR 1EIVIRE @Syd1 DErvaDEs wooDMEENcc FEry A`"wy \"a\ ODENOTES cur ANM AAN \ -^ DENOTES DELEco HOLE r4 ® SEE' \ A, DENOTES SANRDARV SEWERAMANNEOLE \Tyr @@ 4 \ ® DENOTES WATER MAN MANHOLE DENCTESR VAL ® DENOTES WATER WELL SECT'STION Js DOWNSH P 2a R"THEASTANGE 23 \2\ BASINDENOICS CATCH DENOTES GAS METER Y ORES DENOTE,FRE H DODEDILID ae�2ss2 ssAENADES EIRE HYDRANT ❑DENOTES CONCRETE SURFACE BASIS OF BEARINGS:DANOTA COUNTY COORDINATES NAD-83(1—ADJUSTMENT L T A"TALREA LEGSLOT I A A6D RIGN1--11.711 0 FD.OR 248 Aq R90.FT OR 17A AAPl1 945A WAGON R WHEEL TRAIL,QMENDOTA HEIGHTS, MN D„G„ c eRC�'e4 r Ayr m 7l> pi<�saciu®a'uc� vP.,Yo °e LAXE &LAND SURVEYING, INC. L_�rn� ie 1200 CENTRE POZNTE CURVE, SUITE 375 ��NINau —RN eT . ° �, o E SAINT PAUL.MINNESOTA 55120 ox p�iaxuo-ivApn.cox6 „°m w ° PHONE:651-776-6211 PRELIMINARY PLAT: page143 VIVVIV9 V LAKEVIE VV o11e1„�eeo ,e e,mezi�a „ 13slnalo°s1,1"Ir F,l1°(WO)Ra.P.T «3��aem�oed o�Tollow=.To�,. e`iTsi�` �(Idi),°R 7410 iui. e�3.si.T. - e°ME e°F35i: „ ,0 U1 .T 4 4. :`ilia A DF IDM � ORT„E T NER CAST RON MONUMEN---- ,s CAST SLOT ON 35 TOWNSHP 28 RANGE 23 NORTn au ARTER NDITi EE EoaNE or '1Tnca1T o1ARTER ,� '' *.,„�" $ 589'S7'35"E 375.00 Asa aE rvc THE T .a r .1511 DC-7 15 Al Ad _ 345,00 \ UI N THE aF sFc,aN Ts STEP reD N.re,"vr w„.Fre r00W�M00re E.Tv„.ON.c.zT ism,".."""H."—wo"1,Tm All mm."c.n. "m.,a. IV Irnm e c. • 0 BE 11 s o' e x m xw,x.om§0ox.io m.Fex .. - � - s a s 3 ...ay.oT e.p n.w,m... y�i. ,�,,, s" \ T,.ss NO.ss. 09"r x.. R s N Eeyx a w"x uAaTx a 002s HE a' h' w� �n E� 'is ,� "� ®, �to. � so�,� �.r°��*� •� ���.� � � I s " w 6 w. `li'/ 7 refer to LILLIE S LAKEVIEW OPTION-B PLAT MAP d , BLOCK 1 0 MwA �• a WI " UP -1s ORDINARY HGSARUIPT(oREwiEET114TIWN"S _ o / NAAS PER STATE OF M NNESOTA DNR AX L E G E 1N D °-� ��a" I DENOTES 12 INCH COMMON SPIRE SET WITH _ •T `' WASHER=TAMPED Res,R4D4 DR As DTED \°g A `\�� SCALE IN FEET oTEs IRON Mary uMErvEpurvD TsEx'TRCSAsoT IT D ST RUIR N DENOTES EXISTING \ ' b GRADE LINT" DENOTES UNDERGROUND GAS IHE s��` SCALE: 1]NCH= 30 FEET —sDEN —DENOTES SANITAR YSEWER OR SERNCE — �A� �-A 1ANIA1 All u,�. RF Ia.TRus DENOTES WDOD FENCE NI ILE DENOTES Ar N HMgNHDEE DENOTE=TE�EGOM OO DENOTES STORM SEWER MANN �+, 6 k Os DENOTES S NTA"SEWER \ Po M �E Ns°s •, \ ® DENaTEA WATER MAN MANH WEST ENE DF THE NORTHEAST oUARTER \ I FT a DENITEs wATER vuvE ---ECTON 11 TOWN HI 2a RANGE 11 - ® DENOTES WATER WELL , BASINDEN07ES CATCH DENOTES cAs METER �� 4N�F�BSJ SALE uNW� I LECT" v wRFs \ J�549� w y )/�4 w\ DENDTEs H u uT \ fEENS FEET xs AEINI I FIE' NET LOT LINII ENS DE RANT �� mHFRwuc s,OwN �No P00uo DENOTES ETE SURFACE � BASIS OF BEAR :DANOTA COUNTY COORDINATES NAD-83(1986 ADJUSTMENT \WM\ x `av� v � LOT;;AAL A 203 T0B SO.FT,OR 8.05 ACRES FT OR S.T ACRES \ M'T A E ROAO RIGHT OF WAY-24 T4 SO 945o WAA WHEEL TRAIL,DQMENDOTA DHEIGHTS, MN c eR��'e4 a ury ss,e r oFFav 0, lF454 ....... nuc pi<�saciu®a'uc� All PLAN LAKE &LAND SURVEYING, INC. L_TEMT ie 1200 CENTRE POZNTE CURVE, SUITE 375 _�Nlaau - - d nxuW ux ssimAP ,E, o T SAINT PAUL.MINNESOTA 55120 cxreapeiaxuo-ruAuai.Cox6 ""m v " PHONE: 651-776-6211 PRELIMINARY PLAT: page144 VIVVIV9 V LAKEVIE VV o11e1„ e�eeo , e1me1i2a 13sENelo°se1�,1"Ir i,l1°HWD Ra�Pe E3��°iem�eed o�Foxow=.TO�1. e`iTsi` �1�r'zai�a, vPE e�3�si�Te e° E�`o - e°(11) re P P. 0.10 P :`Esi a 11)o,less 0,less. DINT OF COM MEN 2EMENT CAST IRON MONUMENT--- CAST IRO ONUMENT NORTHEAST CORFORCENER SHA ---- Al'.DEN G THE NORTHwE ST CORNER DE EAST QUARTER '-,V 589S7'35"E 375.00 3 T 2215 as�rvee17 35''w 30.00 .._ 120.OF 22s.FIE --- - -- ---B NOOTH 3aa0D �\ 111A AD �nE Nomn LINE A LILLIEI roornON I � I �—HN�N.P,���wP.EH rOR�,�MNNH EEENP.�ON e,zT II � II ANPRCN EL zOPC A Ps NOD C - AREA.93,289 20.FT OR 214 ACRES - 3 o A eP21E A 0.D0 —L------- ----------- ———— ------ --- --------- ---- —---—— — ----- > I I Q In refer to "LILLIE'S LAKEVIEW OPTION-B" PLAT MAP II AREA 11E.1 0 ET 01 32D ACRES - i c:) LI-E TK SEATER TN'ORDV wnHEELEVAIOS ASPERSTATEROFo MINNESOTA FUR 11TE11 EASE m A DP 2o2 Re- - 0. � qz2 i Hv S 9 � E s \ SCALE IN FEET o .o zo sa\ I \ ss'o G9C v� SCALE: 1]NCH= 30 FEET s 0 9s t L E G E N D A" \ ��y 4S, A D N DENOTES DAKDTA COUNTN SEC DMENT FOUND,TYPE AS NOTED T 0,� �E o RE a NpLE .RNs O DENOTES 14 NCH X 5/8 NCH AR - MOrvuMENT SET AND CAPPED ,Onea. .� 4„ • DENOTES IIPON MONUMENT SIZE,TYPE AND RLs As NOTED q"F� spy `\ T. III-. *10 FF. -- AT Tq 6 BASIS OF BEARING E NORTH LINE OF L07 1,BLOCK 1,LILLIE'S ADDITION mHEVIKE MH HAS AN ASSUME ARINO OF S89'S FACE \ -� \ irvo aueuc wnvs urvlFss \ � J 945 W N WHEEL TRAIL, MENDOTA HEIGHTS, MN \ Ra'I91 S Dove e 9, CHIP 1111111 ciu®a'uc� voae NARI LAKE &LAND SURVEYING, INC. \ so xNOwN As PROD ICT nvENUE N0 IF ieCREL 1200 CENTRE POINTE CURVE, SUITE 375 r nxuL°uxzim ,E1 o T SAINT PAUL,MINNESOTA 55120 PNON es ewxuruAui.me num w a PHONE: 651-776-6211 WETLANDS MAP City of 945 Wagon Wheel Trail 0 140 Mendota 4/20/2022 Heights SCALE IN FEET J%, ". 2225 2231 LU - f i • 10a' ®361'I WAGON WJEELTRL 2247 w R F,r d 1 ® ; 27 4 ® 32�- A -� T n y-ryi p g -d d dbyN- pUSI ,w i or ip f h g- I i b g p id-d b D k un ,r f : lie d-rah D k yi II r- d11 page146 ¥ ¥ _ OCZ696V m_ m_ _ 020a96V _ mr_ ,aza a 6 _. ,aza § \ \ < CL \ ƒ / © ` ( §Of 0 m2 ® E § ] / CL \ \ z ( \ 0 z § /\ _ _ �$ q} \ m \ A a k k ( oo Ln ) { � _\ ! _ E ) ) B \ / � i ® _ \ ) � ) � ? § \ § \ \ ( § ` § _ _§ � ! = 22 / z Q z ,zaa \ § ,zaa f a_ OCZ696t7 m_ m_ _ OM696t7 _ / % % page147 Soil Map—Dakota County,Minnesota 945 WAGON WHEEL TRAIL (surrouding) Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 129 Cylinder loam,0 to 2 percent 3.9 17.3% slopes 208 Kato silty clay loam 0.4 2.0% 255 Mayer silt loam 4.8 21.4% 344 Quam silt loam 4.7 21.0% 411 B Waukegan silt loam, 1 to 6 0.3 1.4% percent slopes 415B Kanaranzi loam,2 to 6 percent 0.2 0.8% slopes 415C Kanaranzi loam,6 to 12 0.0 0.0% percent slopes W Water 8.1 36.1% Totals for Area of Interest 22.6 100.0% aso� Natural Resources Web Soil Survey 4/4/2022 Conservation Service National Cooperative Soil Survey Page 3 of 3 ' pago148 , LICENSE AGREEMENT This License Agreement(the "L|[ENSE") b made this �G ayofNovember, 2O13, between THE CITY OF MENDOTA HEIGHTS, a Minnesota municipal corporation (the "CITY") and Gregory& Mary K. Queh| (the "UCENSEE"). RECITALS ' WHEREAS, LICENSEE owns real property in the CITY located at9G3 Wagon Wheel Trail (L|CEN3EE'S PROPERTY) . 00 described in Exhibit A; and WHEREAS, LICENSEE'S PROPERTY is contiguous toan unimproved right of way owned bythe CITY (the "LICENSED PREK8|5E3); and WHEREAS, LICENSEE intends to build a single family home on the lot, which would be positioned to access the right of way|f improved ata future date; and WHEREAS, LICENSEE owns real property in the CITY located at9G3 Wagon Wheel Trail (U[ENSEE'SPROPEKTY); and WHEREAS,the CITY desires to allow LICENSEE to utilize the unimproved right of way for a private drive until such time as the right nf way isimproved. LICENSE NOW,THEREFORE, in consideration of the terms and conditions contained herein, and $10.00 and other good and valuable consideration, receipt of-which is hereby acknowledged,the parties hereto agree as follows: l. Grant of License. The CITY does hereby grant LICENSEE a non-exclusive revocable license to maintain a driveway within the unimproved right of way east of the 953 and 963 Wagon Wheel Trail. Such license shall extend to LICENSEE only. l No Interest Created. LICENSEE certifies, represents and acknowledges that it has no title inortm the LICENSED PREMISES, norto any portion thereof, and has not, does not and will not claim any such title nor any easement over said land nf the CITY. LICENSEE acknowledges that bnot acquiring any easement by necessity or otherwise over the LICENSED PREMISES. 3. Improvements, Licensee shall not make any additions or improvements inorto the LICENSED PREMISES without the[|TYs prior written consent. 4. Indemnification..LICENSEE shall hold the CITY harmless from and indemnify and defend the CITY against any claim or liability arising in any manner from LICENSEE's use of the LICENSED PREMISES, or relating to the death or bodily injury to any person or damage to any personal property present on or located in or upon the LICENSED PREMISES, including the person and persona| pnopertyofUCENSEEorU[ENSE2senhp|oyees, inviteesandgueats. LICENSEE agrees to pay all sums of money in respect of any labor,service, materials,supplies or equipment furnished or alleged to have been furnished to LICENSEE in or about the LICENSED PREMISES, ��������0����Q�� L� �License -pA, I m���~' --� ]kN �AyO1d pago149 ` and not furnished on order of the CITY. LICENSEE may contest any lien for such services, materials,supplies ontheconditionthatU[ENSEEfiot provides to the CITY cash, bond, or other security against such lie which the CITY reasonably determines to be sufficient. S. Assignment or Sublicensing. LICENSEE shall not sublicense any portion of the LICENSED PREMISES or transfer or assign this LICENSE without obtaining the prior written consent of the CITY,which consent the CITY may grant or deny at the[|TY's sole discretion. The C|TYsconsent to any sublicensing or assignment of this LICENSE shall not be a waiver of the CITY's right under this Section asto any sub|icenaingmrassignment, L|CENSEE's assignment of this LICENSE or sublicensing of the LICENSED PREMISES shall not relieve LICENSEE from any of LICENSEE's obligations under this LICENSE. 6. Notices. All communications, notices and demands of any kind that either party may be required or desires to give to or serve on the other party shall be made in writing and personally delivered or certified U.S. mail, return receipt requested to the following addresses: To the City: City ofMendota Heights I1O1 Victoria Curve Mendota Heights, MNS511Q Attention:City Administrator With a copy to: EokberO& Lammers,Attorneys otLovv 18O9 Northwestern Avenue Stillwater, IVIN 55082 Attention:Tom Lehman, Mendota Heights City Attorney To Licensee: Greg& Mary K. [lueh| 963 Wagon Wheel Trail Mendota Heights, IVIN55l3O 7. No Reliance on CITY's Neither the CITY nor any agent or representative ofthe CITY has made any warranty or other representation with respect to the LICENSED PREMISES. 8. Termination and Surrender. The CITY reserves the right to terminate this LICENSE at will and upon termination of this LICENSE by the CITY LICENSEE shall peaceably surrender the LICENSED PREMISES. 9. a. Choice of Law. The laws of the State of Minnesota shall govern the validity, performance and enforcement of this LICENSE. License 963 Wagon Wheel Trail- -pg. 2 pago150 , b. Counterparts. This LICENSE may be executed |n one or more counterparts, each of which, when taken together.will be deemed tobeanoriginal. c Amendment or Modifications. This LICENSEE may not be changed or modified orally, but only upon written agreement signed by the party against whom enforcement of any waiver, change, modification or discharge bsought. d. SevelabK0y. If any term or provision in this LICENSE is deemed tobe invalid or unenforceable,the remainder of the LICENSE shall remain ineffect and beenforceable to the fullest extent permitted bylaw. e. Time is of the Essences. Time |sof the essence)n the performance of all obligations under this LICENSE. IN WITNESS WHEREOF,the CITY and LICENSEE have caused these presents to be executed in form and manner sufficient to bind them at law, as of the day and year first above written. CITY: LICENSEE: CITY OF [NENDOTAHEIGHTS, A Minnesota municipal corporation Gre8oryOuah| Its: 6any-�/QueN ' - License 983 Wagon Wheel Trail— -pg. 3 / page 151 SHARED DRIVEWAY MAINTENANCE AGREEMENT THIS SHARED DRIVEWAY MAINTENANCE AGREEMENT is made as of the day of November, 2013, by and between Gregory J. Quehl and Mary K. Quehl, husband and wife, of 963 Wagon Wheel Trail, Mendota Heights, 55120, Dakota County, MN and Courtney Pince and Helyne W. Pffice, husband and wife of 945 Wagon Wheel Trail, Mendota Heights, 55120, Dakota County, MN. RECITALS A. Gregory J. Quehl and Mary K. Quehl, as joint tenants are the owners of the premises at 963 Wagon Wheel Trail, Mendota Heights, MN 55120, as described in attached Exhibit A. B. Courtney Pince and Helyne W. Pince, as joint tenants are the owners of the premises at 945 Wagon Wheel Trail, Mendota Heights, N/fN 55120, as described in attached Exhibit B. C. Said parties share a driveway over a public right-of-way platted but not currently in, Rogers Avenue as platted in Caroline's Lakeview. D. The parties desire to settle all questions relating to the use and maintenance of the driveway and all differences between them relating to said driveway. For the reasons set forth above, and in consideration of the mutual covenants and promises set forth in this agreement, the parties agree as follows: SECTION ONE The southerly 35 feet of Rogers Avenue lying north of the South line of Lot 15, Caroline's Lakeview extended shall be a shared driveway providing access to both properties described above, and the parties shall have the right to use it jointly. Beyond the Southerly 35 feet the driveway will split into two approximate 30' wide driveways, one for each respective owner, and shall be the sole responsibility of each homeowner to maintain. SECTION TWO If it becomes necessary or desirable to repair or rebuild the southerly 35 feet of driveway, the repairing or rebuilding expense shall be borne equally by the parties, or by their heirs and assigns who shall at the time of the repair or rebuilding be using it, in proportion to the extent of their use. Any repairing or rebuilding of the driveway shall be on the same location, and of the same size, as the original driveway or part of the original driveway, and of the same or similar material of the same quality as that used in the original driveway or part of the original driveway. SECTION THREE The benefits and obligations of the covenants in this agreement shall run with the land described above so long as the driveway or any extension of the driveway continues to exist, and shall bind the respective parties to this agreement, their heirs, legal representatives, and assigns. SECTION FOUR This agreement between the above parties does not bind the City of Mendota Heights in any way, including the City's right to improve the right of way to City street standards and assess those costs to the above parties, or to abandon or vacate the right of way in the future. Note: The City does not currently have any plans to improve or vacate the right of way. In addition the above property owners hold the City harmless for any liability related to the private improvements. i page 152 ! This instrument was drafted by: Gregory .1. Quehl 963 Wagon Wheel Trail Mendota Heights, MN 55120 EXHIBIT A Lot 14, EXCEPT THAT PART TAKEN FOR Highway 35E by MNDOT Map 18-41 and Lot 15, except the south 200 feet of the east 100 feet thereof, Caroline's Lakeview, Dakota County, Mirmesota. i I EXHIBIT B i That part of the North half of the Northeast quarter (N 1/2 of NE 1/4) of Section Thirty-five (35), Township Twenty-eight (28), Range Twenty-three (23) described as follows, to wit: Commencing at the Northwest corner of the Northeast quarter (NE 1/4) of said Section Thirty-five (35), Township Twenty-eight (28), Range Twenty-three(23), running thence East on the north line of said Section, three hundred seventy-five (375) feet, thence South at right angles Eight hundred fifteen (815) feet more or less to the center of Prospect Avenue, thence Northwesterly along the center line of Prospect Avenue to the west line of the Northeast quarter (NE 1/4) of said Section Thirty-five(35), thence North along the west line five hundred twenty-five (525) feet, more or less, to the place of begirn-ing, Dakota County, Mirmesota. i I i page 153 IN WITNESS WHEREOF, the parties have caused this Shared Driveway Maintenance Agreement to be executed as of the day and year first above written. f 'of G gory J. Q4,611-1 VCouifiley Pince M(12 del,1__*1 HelyneR. Pince STATE OF MINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this day of November, 2013, by Gregory J. Quehl and Mary K. Quehl, husband and wife. PAMELA J. DEEB Notary Public-Minnesota Notary Public My Commission Expires Jan 31,2017 STATE OF MINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this c;-�5day of November, 2013, by Courtney Pince and Helyne W. Pince, husband and wife. PAMELA- J. (IEEE Notary Public-Minnesota Notary Public y commission Expires Jan 31,2017 page154 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES April 26,2022 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, April 26, 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 Sally Lorberbaum, Cindy Johnson,Brian Petschel, and Andrew Katz. Those absent:Patrick Corbett and Michael Toth. Approval ofAzenda The agenda was approved as submitted. Approval of March 22, 2022 Minutes Commissioner Lorberbaum noted on page two,the first sentence,it should state, "...Japanese lilac tree to the service berry tree recommended by Commissioner Johnson." COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER PETSCHEL TO APPROVE THE MINUTES OF MARCH 22, 2022 WITH THE NOTED CHANGE. AYES: 5 NAYS: 0 Hearin-s A) PLANNING CASE 2022-07 SD COMPANIES, LLC/SEAN DOYLE AND HELYNE PINCE, 945 WAGON WHEEL TRAIL — PRELIMINARY/FINAL PLAT OF LILLIE'S LAKEVIEW ADDITION Community Development Director Tim Benetti explained that the applicant is seeking approval of a new subdivision of the property located at 945 Wagon Wheel Trail. The proposed plat is intended to create two new lots for single-family residential development. The property is currently owned by Helyne Pince, and SD Companies has the subject property under contract to purchase, subject to be accepted entitlement application. 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 April 26, 2022 Mendota Heights Planning Commission Meeting Page 1 of 12 page155 website). He provided additional details on Option B submitted by the applicant. Staff recommended approval of this application based on the findings and with conditions. Chair Field read a letter submitted by the applicant explaining his absence at the meeting and asking the Commission to consider Option B. Commissioner Johnson referenced the platting procedures within City Code which requires a soil and erosion control plan as well as landscaping plan for sediment control. She asked if those documents have been provided. Community Development Director Tim Benetti replied that the soils map/report was included in the packet. He stated that each lot will have its own separate wetland permit in the future and therefore those documents would come at that time as no work will be done other than the lot split and removal of the existing home. Commissioner Johnson stated that she was appreciative of the detailed listing of the trees and asked if that has been marked to delineated removals. Community Development Director Tim Benetti replied that would occur when the homes are platted, and tree removal is known. Commissioner Johnson asked for details on drainage and flood control. Community Development Director Tim Benetti replied that would also be addressed under the wetland permits. Commissioner Lorberbaum asked and received clarification on elements within Option B. She asked if there would be a road. Community Development Director Tim Benetti replied that it would not be a paved or developed curb and gutter road but will be a platted roadway of 60 feet wide. He stated that in the future if it is decided to punch a road into Mendakota Country Club, the City would have that right. Commissioner Lorberbaum asked how the fire department would access the second lot and whether they could turn around. Community Development Director Tim Benetti replied that he has not checked with the fire department. Commissioner Lorberbaum commented that she has concern with that. She commented that the City will not be maintaining or plowing the access to the second lot. Community Development Director Tim Benetti replied that there would be a shared driveway agreement and therefore it is similar to a driveway in that the homeowners would maintain it. April 26, 2022 Mendota Heights Planning Commission Meeting Page 2 of 12 page156 Chair Field stated that under the proposed arrangement would a different unrelated resident be able to park their vehicle on that shared driveway and walk over to the lake. Community Development Director Tim Benetti replied that as a public right-of-way he would believe that could be done. Chair Field noted that it is a public easement and therefore could qualify as a road. Commissioner Lorberbaum stated that this is a preliminary plat approval and not a final plat request. She asked for more information on the process. Community Development Director Tim Benetti replied that the Planning Commission recommends the preliminary plat which then goes to the City Council. He stated that the final plat goes to the City Council as long as it is consistent with the preliminary plat. He stated that sometimes both the preliminary and final are presented to the Commission as the developer has submitted them together, otherwise the Commission does not review a final plat. Commissioner Petschel asked if the northern lot would be on Rogers Avenue, or whether this would not become Rogers Avenue unless the City decided to extend and connect. Community Development Director Tim Benetti replied that he does not believe that Rogers Avenue has been officially included on mapping even though part of the road was dedicated under a previous plat. He stated that the half section of road right-of-way is public at 30 feet. He stated that once the other 30 feet is dedicated, it would become a full road right-of-way of 60 feet. Commissioner Petschel commented that until the City exercises the right, the road would not be official and would not have width or facilities to accommodate parking. He stated that the road would not exist because the City has not chosen to put it in. Community Development Director Tim Benetti replied that the City chose to keep the right-of- way section and request the remainder be dedicated and provide access through license agreement at this time. Chair Field stated that if the applicant decides to only have one home on the property at the northern lot line, which would have access of a driveway of the same length proposed. Commissioner Lorberbaum commented that the proposed length would be 556, therefore if this were made a road it would exceed the maximum length for a cul-de-sac of 500 feet. Public Works Director Ryan Ruzek explained that calculation would only apply if the cul-de-sac were put at the very end, which is not typically where the cul-de-sac is placed. He stated that the cul-de-sac only needs to go to where driveways exist, therefore it would be lesser than 500 feet. Chair Field opened the public hearing. April 26, 2022 Mendota Heights Planning Commission Meeting Page 3 of 12 page157 Greg Quehl, 963 Wagon Wheel, commented that if the fire engine could not reach this proposed length, he would ask what would happen if there were a fire at his home. He stated that he has a road that provides access for a fire truck,but they would not have room to turn around,they would simply backup. He stated that a fire truck can access the homes that already exist and therefore wondered what the issue would be with a third or fourth home. Commissioner Lorberbaum commented that staff can gain an opinion from the fire department before this moves forward to the City Council. Mr. Quehl stated that he and the Jacobs put together a question-and-answer type thing as to what would be asked of the proposal. He noted that many are public works or utility related. He stated that they did not have an objection to the proposal and asked the difference between options A and B. Community Development Director Tim Benetti identified the difference between options A and B in terms of the proposed lot lines. Mr. Quehl asked if ownership of the right-of-way would be addressed. Community Development Director Tim Benetti provided clarification on current property ownership and what is being asked by the City in terms of right-of-way dedication. Mr. Quehl noted a utility easement owned by Xcel and asked if that has been addressed. It was confirmed that there would be no changes to that easement. He asked if the lots could be setback further from the roadway and spaced further apart. Chair Field commented that those home sites are just shown in example. He noted that the applicant would return in the future with home proposals and the action before the Commission tonight is only related to the lot split. Mr. Quehl asked for details on the sewer connections. Chair Field stated that the applicant has represented that there would be separate sewer service for each lot but was unsure where those would be placed. Mr. Quehl commented on the apron at Rogers Avenue and Wagon Wheel and the difficulty on turning right out when leaving Rogers Avenue. He asked if that apron could be extended. He asked when the determination would be made as to whether Rogers would be public or private. Chair Field believed it would become public upon approval of the plat. Public Works Director Ryan Ruzek replied that he would view that as a shared driveway and therefore there would be regulations against public parking. He stated that the City has and would continue to issue a license to the homeowners to have a private driveway on a public easement/right-of-way. He commented that a random person would not have the right to park on this shared driveway. April 26, 2022 Mendota Heights Planning Commission Meeting Page 4 of 12 page158 Larry Jacobs,953 Wagon Wheel Trail,reinforced the comments of the previous speaker. He stated that the greatest concern they would have is related to turning the private drive into public access. He stated that if there is increased public traffic on the private drive there would be safety concerns because of the difficulty getting onto Wagon Wheel. He stated that he would not want to encourage public parking on the private driveway. He stated that he would also have concerns when the development of the homes comes forward,such as whether the private driveway would be widened and whether the mail would be relocated. Jane Haws,940 Wagon Wheel, expressed concerns with allowing public parking. She commented that people park on her driveway to access fishing in the area the City does not want fishing. She stated that if parking were allowed on Rogers that would increase issues with safety and traffic. Chair Field stated that he apologizes for asking that question about parking and noted that has been clarified by Public Works Director Ryan Ruzek that parking would not be allowed. Commissioner Katz suggested that the resident place private driveway signs to prevent public parking. Seeing no one else coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER JOHNSON, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 Commissioner Johnson referenced the staff recommendation and condition one which mentions the wetlands permits. She noted that there has been clearing activity in the past prior to a wetland permit being requested and therefore asked if additional language should be added prohibiting clearing prior to obtaining the permit. She asked if the applicant is aware of the prohibition of heavy clearing within the shore impact zone. Community Development Director Tim Benetti confirmed that language could be added. Commissioner Katz understood the recommendation of the City Attorney relating to the lots meeting the requirements. He stated that it was his understanding as a member of the Commission that the City was not allowing flag lots Community Development Director Tim Benetti stated that the definition of a flag lot is frontage of less than 100 feet and advised that these lots would each have the necessary frontage. He stated that the City Attorney has stated that Option A could have also been approved because the frontage would have been provided along the right-of-way, whether the road were developed or not. He stated that in order to avoid any conflicts, the developer chose Option B. April 26, 2022 Mendota Heights Planning Commission Meeting Page 5 of 12 page159 Commissioner Johnson stated that while the lot would be odd shaped, access would not be gained through the pole part therefore it would not be classified as a flag lot. Chair Field noted that the access is off platted right-of-way and therefore eliminates the consideration of a flag lot. He noted that if the intent of the City is to be spacious and gracious, this would seem to be a good fit for development. Commissioner Lorberbaum asked for clarification on whether this would be considered a private drive rather than a minor street. Public Works Director Ryan Ruzek replied that this is a private driveway per the license agreement. He stated that the license also defines the rights of the City should it desire to constrict a roadway. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER JOHNSON, TO RECOMMEND APPROVAL OF THE PRELIMINARY/FINAL PLAT OF LILLIE'S LAKEVIEW ADDITION, BASED ON THE FINDINGS OF FACT AND CONDITIONS OF APPROVAL NOTED IN THE STAFF REPORT AND WITH THE FOLLOWING CONDITIONS: I. A WETLANDS PERMIT MUST BE SUBMITTED FOR REVIEW AND OBTAINED PRIOR TO ANY PROPOSED/NEW SINGLE-FAMILY DEVELOPMENT IS ALLOWED ON EACH NEW LOT. THE CONCEPT BUILDING PADS PRESENTED UNDER THE PRELIMINARY PLAT MAP DO NOT REPRESENT OR PROVIDE AND PREAPPROVAL OF A NEW SINGLE-FAMILY BUILDING LAYOUT ON EACH LOT. FINAL LAYOUTS AND SETBACKS MUST MEET R-I ZONE STANDARDS AND SHALL BE APPROVED UNDER SEPARATE WETLANDS PERMIT APPLICATION FOR EACH LOT. 2. THE TWO NEW PROPERTIES CREATED UNDER THIS PLAT MUST HAVE THEIR ACCESS GRANTED UNDER A NEW(OR REVISED)LICENSE AGREEMENT WITH THE CITY, AND IF NECESSARY, THE TWO ADJACENT PROPERTIES TO THE WEST; AND ALSO, A REVISED SHARED DRIVEWAY AGREEMENT BETWEEN ALL RESIDENTIAL PROPERTIES UTILIZING THIS UNDEVELOPED ROW FOR THEIR OWN DRIVEWAYS AND ACCESS. 3. PRIOR TO ANY NEW DEVELOPMENT WORK ON THE SITE, ALL EXISTING STRUCTURES ON THE SUBJECT PROPERTY WILL BE REMOVED WITH AN APPROVED DEMOLITION PERMIT ISSUED BY THE CITY'S BUILDING OFFICIAL. 4. FULL EROSION AND SEDIMENTATION MEASURES WILL BE PUT IN PLACE PRIOR TO AND DURING ANY NEW CONSTRUCTION WORK ACTIVITIES, INCLUDING THE DEMOLITION OF THE OLD/EXISTING STRUCTURES, ANY TREE REMOVALS, OR INSTALLATION WORK NEEDED FOR ANY PRIVATE UTILITIES OR SERVICES TO THE NEW LOTS. 5. A BUILDING PERMIT, INCLUDING ALL NEW GRADING AND DRAINAGE WORK, MUST BE APPROVED BY CITY STAFF PRIOR TO THE COMMENCEMENT OF ANY NEW CONSTRUCTION WORK ON ANY SINGLE- FAMILY RESIDENTIAL DWELLING ON EACH NEW LOT. April 26, 2022 Mendota Heights Planning Commission Meeting Page 6 of 12 page160 6. A COMPLETE AND DETAILED GRADING PLAN, UTILITY PLAN AND LANDSCAPING PLAN THAT ADHERES TO THE CITY'S POLLINATOR FRIENDLY POLICY AND NATIVE PLANTINGS LIST MUST BE SUBMITTED WITH EACH NEW WETLANDS PERMIT FOR EACH LOT. THE SUBSEQUENT BUILDING PERMITS ON EACH LOT SHALL COMPLY WITH ANY CONDITIONS OF APPROVAL RELATED TO EACH WETLANDS PERMIT REVIEW AND APPROVAL. 7. ALL NEW CONSTRUCTION AND GRADING ACTIVITIES THROUGHOUT THIS DEVELOPMENT SITE AND ON EACH NEW BUILDABLE LOT 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. 8. AN ADDITIONAL PARK DEDICATION FEE OF $4,000 MUST BE PAID BEFORE THE FINAL PLAT IS RELEASED BY THE CITY FOR RECORDING WITH DAKOTA COUNTY. 9. ALL WORK ON THIS DEVELOPMENT SITE WILL ONLY BE ALLOWED BETWEEN THE HOURS OF 7 A.M. TO 8 P.M. MONDAY THROUGH FRIDAY AND 9 A.M. TO 5 P.M. ON THE WEEKENDS. 10. ALL DISTURBED AREAS IN AND AROUND THE PROJECT SITE SHALL BE RESTORED AND HAVE AN ESTABLISHED AND PERMANENT GROUND COVER IMMEDIATELY AFTER THE PROJECT IS COMPLETED. 11. BEST EFFORTS WILL BE MADE TO THE CONTRACTOR(S) TO "COME CLEAN, LEAVE CLEAN" DURING THE COURSE OF ANY CONSTRUCTION ON THE SUBJECT PROPERTY. FURTHER DISCUSSION: COMMISSIONER JOHNSON REQUESTED TO AMEND THE FIRST CONDITION TO EMPHASIZE THAT NO CLEARING SHALL BE CONDUCTED PRIOR TO APPROVAL OF THE WETLANDS PERMIT AND THAT HEAVY CLEARING IS PROHIBITED IN THE SHORE IMPACT ZONE. COMMISSIONER PETSCHEL COMMENTED THAT THE STATE STATUTES DO NOT PROHIBIT THAT ACTIVITY. HE STATED THAT THERE WOULD BE A FOLLOW UP WETLAND PERMIT AND WANTS TO BE CLEAR THAT THERE ARE NO RULINGS ON THE VEGETATION THAT MAY OR MAY OR NOT BE REMOVED IN SUBSEQUENT PERMITS. COMMISSIONER JOHNSON AGREED. COMMISSIONER PETSCHEL AGREED TO INCLUDE THE LANGUAGE. AYES: 5 NAYS: 0 Chair Field advised the City Council would consider this application at its May 3, 2022 meeting. April 26, 2022 Mendota Heights Planning Commission Meeting Page 7 of 12 page 161 8b. 1101 Victoria Curve I Mendota Heights,MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com CITY OF MENDDTA HEIGHTS Request for City Council Action DATE: May 3, 2022 TO: Mayor Levine and City Council; City Administrator Jacobson FROM: Tim Benetti, Community Development Director SUBJECT: Resolution No. 2022-35 Approving a Wetlands Permit for 791 Wentworth Avenue [Planning Case No. 2022-08] INTRODUCTION The City Council is asked to consider adopting a resolution approving a Wetlands Permit for 791 Wentworth Avenue. The property owner is LDK Builders. 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. LDK is seeking approval to construct a new single- family dwelling, retaining wall and small bio-filtration basin on the subject property. At the April 26,2022 Planning Commission meeting, a planning report was presented; and 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 04/26/2022 planning report and planning commission meeting minutes are appended to this memo. AUTHORITY The City is using its quasi-judicial authority when considering action on certain land use or zoning decisions, such as this wetlands permit, and has broad discretion. A determination regarding whether or not the request meets the applicable code standards is required. The resolution confirms this determination. RECOMMENDATION The Planning Commission recommended unanimously(5-0 vote)to approve the Wetlands Permit for 791 Wentworth Avenue, with findings-of-fact to support said approval and certain conditions, as memorialized in the draft resolution. ACTION REQUIRED City Council may affirm the recommendation from the Planning Commission by adopting RESOLUTION NO. 2022-35, APPROVING A WETLANDS PERMIT TO LDK BUILDERS AND FOR THE PROPERTY LOCATED AT 791 WENTWORTH AVENUE. This adoption action requires a simple majority vote. page162 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-35 RESOLUTION APPROVING A WETLANDS PERMIT FOR 791 WENTWORTH AVENUE (PLANNING CASE NO. 2022-08) WHEREAS, LDK Builders (the "Applicant" and "Owner") is requesting a Wetlands Permit as presented under Planning Case No. 2022-08, and for the property located at 791 Wentworth Avenue (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 of this wetlands permit in order to construct a new single-family dwelling, retaining wall and stormwater basin on the subject property; and WHEREAS, on April 26, 2022 the Mendota Heights Planning Commission held a public hearing on this matter, and whereupon closing the hearing and discussion, voted unanimously (5- 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. 2022-08, and for the property located at 791 Wentworth Avenue, and to LDK Builders, is approved based on 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. Applicant will provide additional and suitable wetland protective vegetation material to serve as an effective natural buffering along the adjacent creek, which will help reduce any impacts caused by stormwater run-off from the yard areas, and help reduce any soil and contaminant runoff. page163 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 home and wall project 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 as presented under Planning Case No. 2022-08, and for the property located at 791 Wentworth Avenue, and to LDK Builders, is hereby approved with the following conditions: 1. All disturbed areas located adjacent to the creek channel and areas in and around the bottom level of the new retaining wall, shall be seeded with MnDOT Seed Mix List 933-261. 2. Prior to the release of any escrow payment or issuance of any certificate of occupancy (C.O.) on the new dwelling, all disturbed areas must be shown or demonstrated that the new vegetative buffer seed mixture was successfully planted, and plant growth has been established, taking place or is holding. 3. No additional grading or other land disturbance shall occur within twenty-five feet (25') from the edge of the adjacent creek, except for the installation of erosion control measures (if needed) or for the plantings of any new seed mixtures or landscaping materials, and only with city approvals. 4. All new landscaping must comply with the Native and Pollinator Friendly Plantings List of the city, and a recommendation the Applicants work with the city's Natural Resources Coordinator on any future landscape and plantings plan for the new home. 5. Any grading and/or construction activity related to the development of this lot 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. 6. Full erosion/sedimentation measures shall be installed prior to commencement of work and maintained throughout the duration of the construction project. Erosion barriers shall be placed and maintained along the edge of the creek channel and development site throughout the duration of the project, and remain in place until all disturbed areas have been restored. 7. The new dwelling and retaining wall and any related construction work shall comply with all other and applicable standards and conditions under Title 12, Chapter 2 Wetlands Systems of City Code. Mendota Heights Res. 2022-35 Page 2 of 4 page164 8. A building permit must be approved prior to the commencement of any construction work on the new residential dwelling or retaining wall. 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. 9. Best efforts will be made by the contractor(s) to "come clean, leave clean" during the course of construction on the Subject Property, and ensure new ground mulch is free of invasive species. Adopted by the City Council of the City of Mendota Heights this 3rd day of May, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie Levine, Mayor ATTEST: Lorri Smith, City Clerk Mendota Heights Res. 2022-35 Page 3 of 4 page165 EXHIBIT-A Address: 791 Wentworth Avenue, Mendota Heights, MN 55118 PID No. 27-73651-01-040 Legal Description: Lot 4, Block 1, SWEENEY 2nd ADDITION, Dakota County, Minnesota. [Abstract Property] Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 5511 Mendota Heights Res. 2022-35 Page 4 of 4 page166 1101 Victoria Curve I Mendota Heights,MN 55118 651.452.1850 phone I 651.452.8940 fax www.mendota-hei ghts.com mCITY OF MENDOTA HEIGHTS PLANNING STAFF REPORT DATE: April 26, 2022 TO: Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Planning Case 2022-08 WETLANDS PERMIT APPLICANT: LDK Builders PROPERTY ADDRESS: 791 Wentworth Avenue ZONING/GUIDED: R-1 One Family Residential/LR Low Density Residential ACTION DEADLINE: May 27, 2022 INTRODUCTION The applicants are seeking a Wetlands Permit to allow the construction of a new single-family dwelling, along with a new retaining wall structure located next to a small creek channel. 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. The city received one letter of objection from a neighboring owner(appended to this report).No other comments or objections were received. BACKGROUND/PROJECT DESCRIPTION The subject property is generally located at the northeast corner of Wentworth Avenue and Wachtler Avenue. The vacant lot is 30,861 sq. ft. (0.71 acres) in size, and is awaiting development of new single- family dwelling. This lot is one of four new lots created under the Sweeney 2nd Addition plat of 2021. This creek channel is - *- identified on the City's Official Wetlands Map-1977 � (see map image right) which runs from Wentworth Park to the east, through the - neighboring properties and ; down along the west side of Ave. t, where it 791 WenKvorth Ave. empties into a culvert running underneath Wachtler Avenue, whereby it emerges , tiw and continues southwesterly 4 m` Wentwart over to Valley Park and ties into the larger Interstate v" Valley Creek system. C J page 167 The applicants are looking to construct a new 5,700 sq. ft., two story walkout home on the new Lot 4 of this plat(see front home elevation image below). n ao �� 00R ® o. 8®H �LII Due to the grades that gradually slope downward from the main areas of the lot and down towards the creek channel,and in in order to safely shore up the west side of the home along this channel area,the Developer intends to install a fieldstone boulder type retaining wall system. This wall will vary in height from a low of 2 feet and up to 10-feet in height near the center. A new storm water basin or water bio-filtration system is also being considered for approval under this permit. 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: • Provide for protection,preservation, maintenance, and use wetlands and water resource-related areas; • Maintain the natural drainage system; • Minimize disturbance which may resultfrom alteration by earthwork, loss ofvegetation, loss ofwildlife and aquatic organisms as a result of the disturbance of the natural environment or from excessive sedimentation; • Provide for protection ofpotable fresh water supplies; and • Ensure safety from floods. 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: • 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. • 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. • 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. • 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. Planning Case 2022-08(791 Wentworth—LDK Bldrs.) Page 2 of 8 page168 The Wetlands Ordinance 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. The construction of the new home, grading work in and around the home, and installation of the retaining wall and stormwater basin requires this permit before any work commences. As part of the Sweeney 2nd plat approvals granted in 2021, the city authorized the removal of the old Sweeney residence, tree removals, and some preliminary grading work needed on all four new lots, in preparation of the expected four new homes to be built on each lot. A separate land disturbance permit for the entire plat development included an allowance for minor grading work on Lot 4 in order to create some matching grades with the adjacent lots. Per Resolution No. 2021-55, approving the Sweeney 2nd Addition, two conditions were provided that specifically impact the development of this lot: 4. A complete and detailed landscaping plan must be submitted with a new building permit on each lotfor review and approval by city staff. As per the city's Pollinator Friendly Policy, the developer will ensure all new trees and landscaping complies with the city's Native Plantings List. 7. A wetlands permit must be obtained prior to any proposed site development activities (including the new storm water basin)or any new home permit is approved on Lot 4 of this plat. The new home easily meets all required setbacks for this lot. The drainage from the front yard areas are intended to drain southward towards the drainage ditch located along the north side of Wentworth Avenue (or Dakota County Road 48). The back yard areas behind the new home is being directed northward and away from the creek channel,and more towards a new on-site bio-filtration basin situated on the back edge of the lot(see Grading Plan image below). SIOFILTRATION BA51N 2 S'CPEP SOT M%.0 UNDERDRAIN 0 OUT=952 0 0.5%WI OLEANOUT KM too (SEE DETAIL) EOF-8Fi0 0 BERM-860.5 RIPFOA REINFORCE OVERFLON EL Va f i� RIPRAP REINFORCED OVERFLOW EL 8W B J The retaining wall is planned to be built immediately west of the new home and along the outer edge of the drainage and utility easement created under the Sweeney 2nd Addition plat (see survey/site plan image below). The wall is planned to be at placed at least 25-feet away from the edge of the creek channel, as shown or measured from the Survey/Site Plan. The proposed grades that tie into the wall will help direct runoff away from the creek channel as well. 4 tioxrx !; Z V F/ Planning Case 2022-08(791 Wentworth—LDK Bldrs.) Page 3 of 8 page169 The new landscaping plan for this site includes two(2)Autumn Blaze Maple trees to be planted in the front; blue-grass sod throughout most of the open yard spaces;and cocoa mulch and river rock to be placed within the plastic edged beds around the perimeter of the new home (note: no plantings or shrubs are identified or included in this plan). Since there is some minor land disturbance to be expected along the bottom edge of the retaining wall and slightly within the upper layer of the creek, the Developer intends to seed and any disturbed areas in and around the wall with MnDOT Seed Mixture. Although not called out specifically,city staff is conditioning the same MnDOT Seed Mix 433-261 that was called for with recent wetland permit considerations. City Goals and Policies 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. Policies: 9. Protect steep slopes, bluffs, and other sensitive areas from erosion and other threats, specifically throughout the development process. 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. Planning Case 2022-08(791 Wentworth—LDK Bldrs.) Page 4 of 8 page170 ALTERNATIVES 1. Approve the Wetlands Permit for 791 Wentworth Avenue based on certain findings-of-fact,along with specific conditions of approval; or 2. Deny the Wetlands Permit for 791 Wentworth Avenue 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 Staff recommends approval of the requested Wetlands Permit to LDK Builders and for the property located at 791 Wentworth Avenue,which would allow the construction of a new single-family residential dwelling and retaining wall,based on the attached findings-of-fact and subject to the following conditions: 1. All disturbed areas located adjacent to the creek channel and areas in and around the bottom level of the new retaining wall, shall be seeded with MnDOT Seed Mix List#33-261. 2. Prior to the release of any escrow payment or issuance of any certificate of occupancy (C.O.) on the new dwelling, all disturbed areas must be shown or demonstrated that the new vegetative buffer seed mixture was successfully planted, and plant growth has been established,taking place or is holding. 3. No additional grading or other land disturbance shall occur within twenty-five feet(25')from the edge of the adjacent creek, except for the installation of erosion control measures (if needed) or for the plantings of any new seed mixtures or landscaping materials, and only with city approvals. 4. All new landscaping must comply with the Native and Pollinator Friendly Plantings List of the city. 5. Any grading and/or construction activity related to the development of this lot 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. 6. Full erosion/sedimentation measures shall be installed prior to commencement of work and maintained throughout the duration of the construction project. Erosion barriers shall be placed and maintained along the edge of the creek channel and development site throughout the duration of the project, and remain in place until all disturbed areas have been restored. 7. The new dwelling and retaining wall and any related construction work shall comply with all other and applicable standards and conditions under Title 12, Chapter 2 Wetlands Systems of City Code. 8. A building permit must be approved prior to the commencement of any construction work on the new residential dwelling or retaining wall. 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. 9. Best efforts will be made by the contractor(s) to "come clean, leave clean" during the course of construction on the Subject Property, and ensure new ground mulch is free of invasive species. ATTACHMENTS 1) Letter of Intent 2) Survey/Site Plan 3) Retaining Wall Details/Plan 4) Landscape Plan 5) Overall Grading Plan 6) Soils Map 7) Email of Opposition Planning Case 2022-08(791 Wentworth—LDK Bldrs.) Page 5 of 8 page 171 FINDINGS-OF-FACT FOR APPROVAL Wetlands Permit for LDK Builders 791 Wentworth Avenue Planning Case No. 2022-08 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. Applicant will provide additional and suitable wetland protective vegetation material to serve as an effective natural buffering along the adjacent creek, which will help reduce any impacts caused by stormwater run-off from the yard areas,and help reduce any soil and contaminant runoff. 4. 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. 5. The home and wall project 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. Planning Case 2022-08(791 Wentworth—LDK Bldrs.) Page 6 of 8 a e 172 -+b A r i {j t d. Looking Southwesterly—towards Wentworth/Wachtler corner 1 4 � } ,H _ r k Looking Westerly—towards Wachtler Ave/Culvert page173 f ZY.,. .. .,..;�ri +ram. gar- _ Looking Northwesterly—towards creek channel I .s Looking Northerly—back area of Lot 4 Planning Case 2022-08(791 Wentworth—LDK Bldrs.) Page 8 of 8 WETLANDS MAP City of 791 Wentworth Ave. Mendota ° 60 Heights 4/20/2022 � SCALE IN FEET PARK P r,` J ` 9 .A 6 d •i, ° -..r N 0 # 1325 n r N . . 184 26 kO e ' M � 7 W� �. o . wy �y " rt + p .r 446 M. ; ... �. 103. JdEp WENTW@RTH" W A,.. t ray r = ,r. .w . •kry * .' +a... fi�ryr-- 31 00 �p , t I ® T ryi p 9 d d dbyN pUSI w i r r �. d- C Offl r thCa- D k y is 9 P w -dg 9 ill b u -d it 55T,Ell 3r b M1511 Ell ml apallp r jpAl MIRNOMYdja page175 LDK Builders, Inc. Pa Box 268 E St. Michael, MN 55376 BUILDERS, INC. MN License#BC001327 LD)K SINCE 1976 City of Mendota Heights Planning Department 1101 Victoria Curve Mendota Heights, MN 55118 March 22, 2022 RE; Letter of Intent for Wetland Permit at 791 Wentworth Avenue (Lot 4, Block 1 Sweeny Second Add'n) LDK Builders, Inc. will be constructing a new single-family dwelling on a vacant lot. Per the city, the project will require a Wetland Permit because of the proximity of the creek on the west side of the property. The proposed retaining wall will be built with boulders. The rain retention depressions will be built per the grading plan and city engineer's requirements. Landscaping will be installed per the approved landscape plan submitted. Final turf establishment in the natural areas will be done with approved seed mixtures. Sincerely, Greg K u LDK Builders, Inc. CERTIFICATE OF SURVEY FOR: LDK BUILDERS page 176 PROPERTY ADDRESS: #791 WENTWORTH AVENUE, MENDOTA HEIGHTS j e x 6 L 8�p2 I o 58 �°4 ']5"W....x.a59...._.I3896 M x 13 — _&9 15 52�y ci 858 B60 x 86r 6 `OIL 55 0 B60 rainage 858 3'g6e 1I1ty Ease I v 4>`O x 86. q a/52&�Z�y ��— 856 I 655 w .a a>7\ 858 I 'b . er I f I f Q L 863.1 1 W:' n y ao`ice\ w g2 966 s� o z QC xB1'5 'map NG�PI.PN)--866 i I I .O _♦ I w i ge�gr �� Z qp N b i,(SEE 'V j 0 K881.4 �,jO A- X4 _mom 13 g9� �'S6ss &62586a:.1 & x 07 I .�: D eS 95 0 I ;8831 A 1 0 GO F- N �O NORTH ` _ o �.: 0 30 ®ep� OP��Zx I85gA Ng6 5 95P,F ��: PORCH j DECK 5PK 18 / 9-1 Lam. — .8 . x 883.6 z xn 8l, t s052: eT2 26.00 a�q q _Twa 84. 74: gls.sao. qa ( IN FEET ) .� Otii n _-so.aoa�3o6 q L: I. 1 inch = 30 ft. NO AN ,r I /\°lb 0tb''� PROPOSED HOUSE,. 616 I I _ x g1 i I ...863 / 2.00 C�-10'POURED BSMT/ ....N I�j( ,29_. �/ m vn WALKOUT } zoo B 860 g 7 ... $g2 e a a2 M 21 28 5 a"lq 31 SD 18g3� a fP�. z891.. 13 A 1 5 g"15 5 �� V GARAGE �eWq'� PORCH N o µ 1100 S . a13 0 �\ SP: ---�3 — 2300 1DI00 a* \\\\ 882.9 9a]� 84. g8A1 P(�M1 9® 7 \ g135 \ \ h J� 891..9. \ H �v°` � I C. 63. ' \ S Q \ x 884.1 884,8 VA VA Aga g34 hro 59t9 889.3 a, RIMN78.59 ease PROPOSED ELEVATIONS —s6 a.s9 91g2 e : 4° — 26 f7 GARAGE FLOOR = 884.0 a�69 sj55 xes�71,% s$'' ea2sB9'jeae ED ACCESS`•,. e TOP OF FOUNDATION = 884.3 LOWEST FLOOR = 874.6 88 9, , sg0° 9g,, e$689°43 ea53X 6z eio xs x _x b LEGAL DESCRIPTION 8jefi RIM=887.59 Lot 4, Block 1, SWEENEY 2ND ADDITION MENDOTA HEIGHTS, e? a Nv=868.59 Dakota County, Minnesota. 2 0 83. g55 e�° aea9 nw9 7 NOTES LEGEND - BEARING'S SHOWN ARE ON ASSUMED DATUM. o�0000 DENOTES PROPOSED RETAINING WALL - CONTRACTOR TO VERIFY HOUSE DIMENSIONS, AND SEWER AND BASEMENT DEPTHS. (designed by others) - FINISHED GRADE 10 FEET FROM PROPOSED - DENOTES PROPOSED CONTOUR BUILDING SHALL BE 0.5 FEET LOWER THAN THE DENOTES EXISTING CONTOUR FINISHED GRADE AT THE BUILDING. ® DENOTES EXISTING CATCH BASIN - FINISHED GRADE ELEVATIONS ARE TO FINISHED oz DENOTES PROPOSED ELEVATION SURFACE WITH TURF ESTABLISHMENT. X1011.2 DENOTES EXISTING ELEVATION - PROPOSED GRADES AND PROPOSED IMPROVEMENTS DENOTES DIRECTION OF DRAINAGE TAKEN FROM GRADING AND DRAINAGE PLAN PREPARED BY ® DENOTES METAL OFFSET SPIKE CIVIL METHODS, DATED 2-22-22. 1 hereby certify that this plan, survey or report was prepared by JOB#21304 me or under my direct supervision and that I am a duly Licensed r763 RE LAND SURVEYING Land Surveyor under the laws of the State of Minnesota. Revised: 3-24-22 (services) Serving Twin Cities Metro r� P Revised: 3-1-22 (move hse/restk) area and beyond Revised: 11-5-21 (stake house) -236-6278 js.acrelandsurveyC4gmail.com JO UA P. SCHNEIDER Date: 10-7-21 Reg. No. 44655 w = i' " is 20 177 r 0 P"` a ■ �r • _ E d z E G LT > o d C5 > Co — n1 a at° �,`a wCL- °0 a V. (L Wcpn 4 I � � I a 4r xxg Tip� - ! �•� I � I I q I I � I I , \ i 1 I I '`E I , 1 p ge17 z 0 3 LU p W §E n CL F x ck� j� � B� _ < Hi- CA I J <p a:- d F A S I C 6 e^ ��•C a ,�c� 7 y n n y ro h � Q1y ti Ll. a el ,� q m U N N C '� IF N N FG m Q po PJ i' m CD LL a N�! ro Ii5 N - 17 E Q Q�� oao 3 `MM 33 3U U �sooa J (15 G 9 R N ■ O O O \ \ v p O \ \ j U v A I A o A mm \ I ° � m� ZZ II F m \ I \ \ I \ -00 ZY I I k 2 I N I I I I a I I II II � I W I 1 i � I I i � � I � I v II II I � I I 0o 0 W n o - � Z BEN o6 Q s a`Ea - E �z o 2 o e - a- ,� w m 2 O Z Q f7 0 F o3a3mo Eon aEs Z o Gww 0 r��a who a�oa`I Q Q w 2 w _- aEo�3a� m mEo a� o�E z U' o z _? o E -"- a bR m - �Em w - J E Eon z u o aE&€Ea w z z Lu W O m m __ o m m mesa m m, O • O H z wrom U Lu m _ u� _ k w a7< cif w o 0. w � a y w <u o w swz ds wo -------- "o, 3 gm o Z I � � O U '-o an w„ pro o s •�� / X'< i m w m � J F 1.® a — o o< mom oaz�i i aw w �wao z� < 0 w o i f :s s a000- 4 <cwJ /d0, a Y uww / cr z f� (JHV �]]IiHNVM) 8 ado�J �iNno3--`�< B 0 u v Z E C 3 0 LU m z m ry f o J o— m (� a w 0 page181 \ ( ¥ ¥ OM�aaa 029�a 029�a osg�a �a g2 ,zza ,zza § / \ \ � \ IL § \ ) \ ƒ � • �� ^ � ` � > r � \ \ /§ /U) \ ) / \ e e - $ CL m /] ( k \ CO \ z R \ / °� k @ q\ j $ ■ { � _ E ) ) B \ \ \ ] f ) S § \ \ ) ? § E § ) \ 20 § _ _§ � / = 22 . / zQ ) ) ,aza \ § ,aza f Oaaa 029�a OC9�a 029�a 029�a \ ( % % page182 Soil Map—Dakota County,Minnesota 700 Block-Wentworth Avenue Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 49B Antigo silt loam, 1 to 8 percent 1.1 4.0% slopes 129 Cylinder loam,0 to 2 percent 2.7 9.6% slopes 155C Chetek sandy loam,8 to 15 0.7 2.4% percent slopes 155E Chetek sandy loam, 15 to 25 0.9 3.3% percent slopes 208 Kato silty clay loam 3.5 12.6% 313 Spillville loam,0 to 2 percent 3.4 12.4% slopes,occasionally flooded 539 Klossner muck,0 to 1 percent 1.1 4.0% slopes 895B Kingsley-Mahtomedi-Spencer 2.0 7.2% complex,3 to 8 percent slopes 895C Kingsley-Mahtomedi-Spencer 8.1 29.2% complex,8 to 15 percent slopes 1027 Udorthents,wet 0.0 0.1% 1902B Jewett silt loam, 1 to 6 percent 4.2 15.2% slopes Totals for Area of Interest 27.8 100.0% aso� Natural Resources Web Soil Survey 4/4/2022 Conservation Service National Cooperative Soil Survey Page 3 of 3 page183 From: Emily Howard To: Tim Benetti Subject: Planning case no 2022-08 Date: Thursday,April 21, 2022 10:19:38 AM To Whom it May Concern, I am writing to express my opposition to the application from LDK Builders requesting a Wetlands Permit to construct a new single family home and retaining wall at 791 Wentworth Avenue. This land, which backs up to the creek, wetlands, road and pedestrian path, is not suitable for building. It would greatly disrupt the flow of the natural habitat, taking wetlands land away from the wildlife, and disrupt the water patterns, causing an extremely dangerous intersection by blocking the view of oncoming cars from pedestrians crossing the path. The homes being built on that lot of Wentworth Ave are already causing enough disruption with the addition of driveways being cut through the pedestrian path, adding another dwelling would not only destroy the pedestrian trail, but also the natural habitat that wildlife depends on. Please do not allow this permit to move forward. I greatly oppose the intent to build. Regards, Emily Howard Homeowner, 1564 Park Circle page184 B) PLANNING CASE 2022-08 LDK BUILDERS, 791 WENTWORTH AVENUE —WETLANDS PERMIT Community Development Director Tim Benetti explained that the applicants are seeking a Wetlands Permit to allow the construction of a new single-family dwelling, along with a new retaining wall structure located next to a small creek channel. Hearing notices were published and mailed to all properties within 350-ft. of the site; the City received one letter of objection from a neighboring property owner, no other 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. Greg Kuperus, LDK Builders, commented that he is present to answer any questions. Commissioner Johnson referenced the grading and drainage statement which states that it is anticipated that all trees will be removed within the grading limits indicated. She asked where those limits would be and where the sod would end in relation to the trail. Mr. Kuperus replied that the sod would be complete, to the trail and beyond. He stated that the backyard would be sodded halfway to the filtration basin and the remainder would be seeded. Commissioner Johnson referenced the berm with trees and asked if that would be removed. Mr. Kuperus replied that they do not intend to remove the berm or those trees. Commissioner Johnson asked if the land on the other side of the trail is County property. Mr. Kuperus stated that they will sod to provide the front yard appearance and to make it mowable. Commissioner Johnson asked what would slow down the water that is draining from the front yard. Public Works Director Ryan Ruzek stated that as part of the overall development of the four lots, the City reviewed the overall grading plan and storm water management plan. He stated that the overall development and this lot meets the drainage requirements of the City. He commented that the front yard of this lot does not go into a treatment basin but would provide a reduction from the existing conditions. He stated that the culvert was installed by a previous landowner and therefore is not a County or City facility. Commissioner Johnson commented that the City is working towards development and implementation to increase the tree canopy and asking developers to retain mature trees and install quality trees in replacement. She stated that there are two autumn blaze maples and liked the use April 26, 2022 Mendota Heights Planning Commission Meeting Page 8 of 12 page185 of the seed mix. She asked if the applicant would be willing to work with staff to increase the number of trees and high value ecosystem communities as nothing of that nature is shown on the plans. Mr. Kuperus replied that the landscaping plan is proposed and noted that there would be additional plantings around the house as this will be a high value home. He stated that he would want to know what would be required before he would agree. Commissioner Johnson asked if the applicant would be willing to work with City staff to add more trees and high value ecosystem trees and shrubs. Mr. Kuperus replied that he would work with City staff to ensure City requirements are met. Commissioner Lorberbaum asked for more information on fill that has been taken from or brought to the site. Mr. Kuperus stated that overall grading was already completed, and that dirt was moved through a separate grading permit. He stated that there would be excavation for the basement. Community Development Director Tim Benetti replied that the permit would approve the full build out of the lot for a single-family home. Chair Field opened the public hearing. Jim Carlson, property owner across the creek, asked for clarification on the lot layout as to Wachtler. Community Development Director Tim Benetti provided clarification on the orientation of the plans. Randy Pentel 815 Deer Trail Court, stated that he had questions related to drainage which appear to have already been addressed by staff. He stated that if the builder has excess dirt from the basement excavation, he could use that. Seeing no one else coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER KATZ, TO RECOMMEND APPROVAL OF THE REQUESTED WETLANDS PERMIT TO LDK BUILDERS AND FOR THE PROPERTY LOCATED AT 791 WENTWORTH AVENUE, April 26, 2022 Mendota Heights Planning Commission Meeting Page 9 of 12 page186 WHICH WOULD ALLOW THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENTIAL DWELLING AND RETAINING WALL, BASED ON THE FINDINGS OF FACT AND WITH THE FOLLOWING CONDITIONS: 1. ALL DISTURBED AREAS LOCATED ADJACENT TO THE CREEK CHANNEL AND AREAS IN AND AROUND THE BOTTOM LEVEL OF THE NEW RETAINING WALL, SHALL BE SEEDED WITH MNDOT SEED MIX LIST 933-261. 2. PRIOR TO THE RELEASE OF ANY ESCROW PAYMENT OR ISSUANCE OF ANY CERTIFICATE OF OCCUPANCY (C.O.) ON THE NEW DWELLING, ALL DISTURBED AREAS MUST BE SHOWN OR DEMONSTRATED THAT THE NEW VEGETATIVE BUFFER SEED MIXTURE WAS SUCCESSFULLY PLANTED, AND PLAT GROWTH HAS BEEN ESTABLISHED, TAKING PLACE, OR IS HOLDING. 3. NO ADDITIONAL GRADING OR OTHER LAND DISTURBANCE SHALL OCCUR WITHIN 25 FEET FROM THE EDGE OF THE ADJACENT CREEK, EXCEPT FOR THE INSTALLATION OF EROSION CONTROL MEASURES (IF NEEDED) OR FOR THE PLANTINGS OF ANY NEW SEED MIXTURES OR LANDSCAPING MATERIALS, AND ONLY WITH CITY APPROVALS. 4. ALL NEW LANDSCAPING MUST COMPLY WITH THE NATIVE AND POLLINATOR FRIENDLY PLANTINGS LIST OF THE CITY. 5. ANY GRADING AND/OR CONSTRUCTION ACTIVITY RELATED TO THE DEVELOPMENT OF THIS LOT 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. 6. FULL EROSION/SEDIMENTATION MEASURES SHALL BE INSTALLED PRIOR TO COMMENCEMENT OF WORK AND MAINTAINED THROUGHOUT THE DURATION OF THE CONSTRUCTION PROJECT. EROSION BARRIERS SHALL BE PLACED AND MAINTAINED ALONG THE EDGE OF THE CREEK CHANNEL AND DEVELOPMENT SITE THROUGHOUT THE DURATION OF THE PROJECT AND REMAIN IN PLACE UNTIL ALL DISTURBED AREAS HAVE BEEN RESTORED. 7. THE NEW DWELLING AND RETAINING WALL AND ANY RELATED CONSTRUCTION WORK SHALL COMPLY WITH ALL OTHER AND APPLICABLE STANDARDS AND CONDITIONS UNDER TITLE 12, CHAPTER 2 WETLANDS SYSTEMS OF CITY CODE. 8. A BUILDING PERMIT MUST BE APPROVED PRIOR TO COMMENCEMENT OF ANY CONSTRUCTION WORK ON THE NEW RESIDENTIAL DWELLING OR RETAINING WALL. CONSTRUCTION WORK SHALL OCCUR ONLY BETWEEN THE HOURS OF 7 A.M. AND 8 P.M. ON WEEKDAYS AND 9 A.M. TO 5 P.M. ON WEEKENDS. 9. BEST EFFORTS WILL BE MADE BY THE CONTRACTOR(S) TO "COME CLEAN, LEAVE CLEAN" DURING THE COURSE OF CONSTRUCTION ON THE SUBJECT PROPERTY, AND ENSURE NEW GROUND MULCH IS FREE OF INVASIVE SPECIES. April 26, 2022 Mendota Heights Planning Commission Meeting Page 10 of 12 page187 FURTHER DISCUSSION: COMMISSIONER JOHNSON REQUESTED TO AMEND THE MOTION TO INCLUDE ANOTHER CONDITION STATING THAT THE APPLICANT WITH WORK WITH THE NATURAL RESOURCES COORDINATOR TO INCREASE TREE CANOPY AND INSTALL HIGH ECOSYSTEM COMMUNITIES ON THE LOT. COMMISSIONER PETSCHEL STATED THAT HE WOULD NOT SUPPORT THAT. HE STATED THAT COULD BE RECOMMENDED BUT COULD NOT BE FORCED. CHAIR FIELD AGREED THAT SHOULD NOT BE INCLUDED ON THE RECORD AND SHOULD CONTINUE TO BE A RECOMMENDATION. COMMISSIONER LORBERBAUM STATED THAT THE APPLICANT HAS STATED THAT THEY WOULD BE OPEN TO WORKING WITH STAFF TO FIND OUT MORE INFORMATION BUT WOULD NOT AGREE TO DOING SOMETHING WITHOUT KNOWING WHAT THAT MAY BE. MR. KUPERUS COMMENTED THAT HE WOULD BE PLEASED TO WORK WITH STAFF TO ENSURE THE REQUIREMENTS ARE MET BUT WOULD NOT AGREE TO THINGS ABOVE AND BEYOND. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI STATED THAT WHEN SWEENY ADDITION PLAT 2ND WAS FILED THERE WAS A CONDITION FOR A DETAILED LANDSCAPING PLAN TO BE SUBMITTED WITH THE BUILDING PERMIT. HE STATED THAT ADDITIONAL DETAILS ARE PROVIDED AT THAT STAGE, BUT AT THIS STAGE IT IS ONLY REQUIRED THAT THE MINIMAL REQUIREMENTS BE MET. HE COMMENTED THAT HE IS CONFIDENT THAT LDK WILL BE PROVIDING ADDITIONAL PLANTINGS ON THE SITE AND THAT INFORMATION WILL BE PROVIDED AT A LATER DATE. HE STATED THAT A RECOMMENDATION COULD BE MADE THAT THE APPLICANT WILL WORK WITH THE NATURAL RESOURCES COORDINATOR ON ANY FUTURE PLANTINGS. COMMISSIONER PETSCHEL ASKED THE ORDINANCE THAT WOULD REQUIRE THE APPLICANT TO DO SO. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI REPLIED THAT IS NOT REQUIRED UNDER ORDINANCE. COMMISSIONER PETSCHEL NOTED THAT IS WHERE HIS CONCERN WOULD BE, THAT THE GROUP WOULD BE INVENTING REQUIREMENTS. HE STATED THAT THIS IS A RECORD THAT IS POTENTIALLY SOMETHING THAT COULD BE FOUGHT IN COURT,IF APPROVED BY THE COUNCIL,AND THINGS CANNOT BE PUT IN BECAUSE THAT IS HOW SOMEONE WOULD WANT IT TO BE. COMMISSIONER JOHNSON NOTED A DETAILED LANDSCAPING PLAN IS REQUIRED. COMMISSIONER PETSCHEL COMMENTED THAT WAS PROVIDED. April 26, 2022 Mendota Heights Planning Commission Meeting Page 11 of 12 page188 COMMISSIONER JOHNSON REFERENCED THE COMPREHENSIVE PLAN. COMMISSIONER PETSCHEL NOTED THAT IS NOT CODE. COMMISSIONER JOHNSON STATED HER AMENDMENT WAS FOR THE APPLICANT TO WORK WITH THE NATURAL RESOURCES COORDINATOR, NOT TO REQUIRE ANYTHING SPECIFIC BUT SOMETHING THAT WOULD BE AMENABLE TO BOTH PARTIES. CHAIR FIELD STATED THAT HE AGREES WITH COMMISSIONER PETSCHEL AND NOT COMMISSIONER JOHNSON. HE STATED THAT PUTTING A WILL OR SHALL WOULD EXCEED THE AUTHORITY OF THE CITY. IT WAS CONFIRMED THAT RECOMMEND COULD BE USED. HE STATED THAT EVERYONE APPEARS TO BE ON THE SAME PAGE, INCLUDING THE APPLICANT, BUT THE WORDS ARE NOT AGREED UPON. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI SUGGESTED THAT AN ADDITIONAL SENTENCE COULD BE ADDED TO CONDITION FOUR; "A RECOMMENDATION FOR THE APPLICANT TO WORK WITH HE NATURAL RESOURCES COORDINATOR ON ANY FUTURE PLANTINGS PLAN." COMMISSIONERS LORBERBAUM AND KATZ ACCEPTED THE LANGUAGE SUGGESTED BY STAFF. AYES: 5 NAYS: 0 Chair Field advised the City Council would consider this application at its May 3, 2022 meeting. NewlUnfinished Business Community Development Director Tim Benetti gave a verbal review on recent actions of the City Council relating to cases previously considered by the Commission. He expressed appreciation to Public Works Director Ryan Ruzek for filling in during his absence. He stated that there is a joint workshop between the Planning Commission and City Council scheduled for May 12tn Adiournment COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER LORBERBAUM, TO ADJOURN THE MEETING AT 8:22 P.M. AYES: 5 NAYS: 0 April 26, 2022 Mendota Heights Planning Commission Meeting Page 12 of 12 page189 8c. 1101 Victoria Curve I Mendota Heights,MN 55118 651.452.1850 phone I 651.452.8940 fax www.mendota-heights.cnm OF MENDOTA HEIGHTS Request for City Council Action DATE: May 3, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Discuss Applying for a Local Partnership Program Grant for Dodd Road INTRODUCTION The Council is asked to discuss applying for a Local Partnership Program (LPP) grant for Dodd Road improvements. BACKGROUND Upon completion of the Dodd Road improvements in 2018, the city and MnDOT have received a number of comments on certain design changes making some intersections less safe. The city worked with MnDOT on options to improve the perceived deficiencies. DISCUSSION The Mendota Heights Capital Improvement Plan identifies the reconstruction of the Friendly Hills neighborhood in 2024. A proposed element of this improvement would be in realign Decorah Lane to create a four intersection with Wagon Wheel Trail, including potential intersection controls. To further improve safety along Dodd Road, MnDOT recommended additional improvements which include turn lanes Keokuk Lane and closing the skewed intersection of Pagel Road. (See attached graphic). The LPP program has an application deadline of June 1, 2022 for funding in fiscal year of 2024. The LPP grant program has a maximum award amount of$710,000 which would reduce the local funds required for this improvement. To meet the application requirements, the city will need to issue a professional services contract to assist with developing geometric layouts, cost estimates, written narratives, and completing the application. BUDGET IMPACT At this time, staff proposes to only issue a professional services contract for the LPP application. The city will also need to contract with a professional consulting engineer to assist with putting together a complete plan set starting in 2023. It is anticipated that these costs will be held by the city until the actual project is completed in 2024. page190 RECOMMENDATION Staff is recommending that the Council authorize staff to solicit quotes for a professional consultant to assist Mendota Heights with submitting an LPP grant application. If Council concurs with the recommendation, quotes will be presented to the Council at the May 17, 2022 meeting. ACTION REQUIRED If Council wishes to act on the staff recommendation,pass a motion authorizing the Public Works Director to solicit quotes for a professional services contract to complete a LPP grant application. This action requires a simple majority vote. �e 191 cc ! �E+ .•d..: «� � ^`p- ,MF y ate„ . r , x _ x4F � r . m_ f l � + ' -ypT .: l m� u 01 k F a , + e , s a: — r iY s ! yv tr,. F 7 1F l�M d " + - e „ page192 8d. 1101 Victoria Curve I Mendota Heights,MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com CITY OF MENDDTA HEIGHTS Request for City Council Action DATE: May 3, 2022 TO: Mayor Levine and City Council, City Administrator Jacobson FROM: Tim Benetti, Community Development Director SUBJECT: Approval of the Ninth Amendment to Planned Unit Development Agreement for Mendota Plaza/Lot 7 -Phase III—At Home Apartments INTRODUCTION City Council is asked to give final consideration and approval of the Ninth Amendment to Planned Unit Development Agreement for Mendota Plaza. This amendment agreement is specifically for Lot 7 of Mendota Plaza, or Phase III, a new 79-unit market-rate apartment development. The developer is At Home Apartments of St. Paul, MN (also identified as "Mendota Lot 7, LLC"in the agreement). BACKGROUND The Phase III development is scheduled to be constructed on the vacant two-acre parcel located behind the main Mendota Plaza Mall building. This PUD Amendment and the related apartment development plans were approved by the City Council on February 15, 2022, which also adopted Resolution No. 2022-15. The Planned Unit Development Agreement(the"Developer's Agreement")approves and provides for specific revisions that are allowed on the subject property, and includes fully illustrated and detailed development plans, such as a site plan with building layout and setbacks; civil engineering plans (grading, utilities, stormwater management), building elevation plans, parking facilities, landscaping and lighting plans. 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 Lot 7, LLC. Howard Paster, owner of Mendota Plaza, will be signing the agreement as well and on behalf of Mendota Mall Associates—Outlots LLC. This agreement has been prepared by city staff and 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 Ninth Amendment to Planned Unit Development Agreement for Mendota Plaza/Lot 7-Phase III 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. page193 NINTH AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT FOR MENDOTA PLAZA THIS NINTH AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT ("Ninth Amendment") is made this day of May, 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 Lot 7, 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 Lot 7"). Mendota Lot 7 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") as amended by that certain Eighth Amendment to Planned Unit Development Agreement dated April 5, 2022, recorded April 13, 2022, as Doc. No. 3534664 ("Eighth 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, to 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 page194 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 Lot 7 via a Ground Lease, and Mendota Lot 7 plans on constructing an apartment building on the Subject Property (the "Phase III Apartment Improvements"); and WHEREAS, Mendota Mall received approval under the aforementioned Original Agreement an allowance to develop a 10,130 square foot building for child care/educational use on the Subject Property, which improvements were identified as "Future Child Care" under said Original Agreement documentation; and WHEREAS, the City adopted Resolution No. 2022-15, a resolution approving a conditional use permit to amend the 2009 Mendota Plaza Planned Unit Development — Final Development Plan, said resolution dated February 15, 2022, recorded April 1, 2022, as Doc. No. 3522480 ("Resolution No. 2022-15 �, attached hereto as EXHIBIT B, and which resolution officially approved the request from At Home Apartments to develop the Phase III Apartment Improvements which include a new 79-unit, market rate apartment building with parking facilities, etc. on the Subject Property, as presented under Planning Case No. 2021-13; and WHEREAS, the City recognizes and consents to the assignment by At Home Apartments of its right to develop the Phase III Apartment Improvements on the Subject Property pursuant to Resolution No. 2022-15 to Developer, which is comprised of the same principals; and WHEREAS, the Mendota Mall, Spaulding-Cashill, Mendota Lot 7, and the City desire to enter into this Ninth 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 Ninth Amendment). 2. Revised Site Plan for Subject Property. In lieu of the original development depicted on the original Lot 7, Block 1 of Mendota Plaza Expansion Addition and illustrated on EXHIBIT A and EXHIBIT B-7 to the Original Agreement, are hereby amended to include the Revised Site Plan for the Subject Property, attached hereto this Ninth Amendment Agreement as EXHIBIT C. 3. Development Plans. The new 79-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 page195 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. Phase III Apartment Improvements Elevation Plans. The Site and Elevation Plans for the original 10,130 square foot "Future Child Care" as depicted in EXHIBIT A and B-7 of said Original 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, and following the execution of the Ground Lease by and between Spaulding-Cashill and Mendota Lot 7, Mendota Lot 7 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 Ninth Amendment Agreement with respect to the Subject Property. 6. Development of Subject Property in Accordance with the Plans. Mendota Lot 7 will develop the Subject Property in accordance with the Development Plans,previously approved by the City. Failure of Mendota Lot 7 to complete the Phase III Apartment Improvements in accordance with the Development Plans shall be an Event of Default by Mendota Lot 7 under this Ninth Amendment and the prior Agreements and Amendments. 7. Conditions and Project Specific Approvals to the Development of the Subject Pro e . The conditions memorialized in Resolution No. 2022-15 (EXHIBIT B) and those impacting the Phase III Apartment Improvements and the related Development Plans, are hereby incorporated into this Ninth Amendment, and shall be the sole responsibility of Mendota Lot 7 with no joint or several liability between said parties. 8. Landscape Letter of Credit. Prior to issuance of a building permit for the Phase III Phase III Apartment Improvements to be made to the Subject Property, Mendota Lot 7 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 Lot 7 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 Lot 7, return the letter of credit or bond to Mendota Lot 7 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. Commencement of Development. Mendota Lot 7 hereby agrees to start construction of these Phase III Apartment Improvements only until and after sixty-five percent (65%) or more of the separate apartment improvements commonly known as Phase II of The Reserve (the 58-unit apartment) as further described in the Eighth Amendment, has been page196 completed. For the sake of this Ninth Amendment Agreement, the this commencement threshold shall occur when the Phase 11 project has a completed foundation and lower parking area, ; the entire apartment structure has been framed, sheathed, building wrapped, windows installed; and roof installed. Whether the commencement threshold has occurred is determined by the City Administrator or designee in their sole discretion. Notice shall be provided to Mendota Lot 7 and Spaulding-Cashill of such a determination. 10. Completion of Development. Mendota Lot 7 hereby agrees to complete all development improvements approved on the Subject Property no later than two (2) years from when the commencement threshold has occurred. Mendota Lot 7 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 (2) year period. City Council shall have the final authority to grant the extension. Notice requesting an extension must be given by Mendota Lot 7 at least 90-days prior to the end of the two year period. 11. 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. 12. Park Dedication Fees. The park dedication fee for the Subject Property is $316,000.00, which is based on $4,000 per unit for 79-units. Mendota Lot 7 shall pay this park fee at time of building permit approval. Any modification to this park dedication fee amount,must be agreed to in writing by all Parties to this Amendment. 13. Event of Default. Notwithstanding anything to the contrary in this Ninth Amendment or the Agreements, an Event of Default by the Mendota Mall or Mendota Lot 7 shall not be considered to be an Event of Default against the non-defaulting party. Accordingly,by way of example,if Mendota Lot 7 defaults under any term and condition obligating Mendota Lot 7,the City shall have no claim against the Mendota Mall. 14. 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 Lot 7 that(a)the Agreements, as amended by this Ninth Amendment,is in full force and effect, (b)the Agreements, as amended by this Ninth 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 Lot 7 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. 15. Agreement to be Bound. Mendota Lot 7 and Spaulding-Cashill 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. page197 16. 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. 17. Authority. The individuals executing this Ninth Amendment hereby represent and warrant that they are empowered and duly authorized to so execute this Ninth Amendment on behalf of the parties they represent. 18. Counterparts. This Ninth 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. 19. Notice. Any notice under the Agreement to Mendota Lot 7 shall be sent to: Mendota Lot 7, LLC c/o At Home Apartments Attn: Leanna Stefaniak 1289 Grand Avenue St. Paul, Minnesota 55105 Email: lstefaniak(a�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: mcashillkaha-mn.com 20. 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. 2022-15 Exhibit C Revised Site Plan for the Subject Property Exhibit D Development Plans IN WITNESS WHEREOF, the City has caused this Ninth Amendment to be duly executed in its name and behalf, Mendota Mall has caused this Ninth Amendment to be duly page198 executed in its name and behalf, Spaulding-Cashill has caused this Ninth Amendment to be duly executed in its name and behalf, and Mendota Lot 7 has caused this Ninth 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: Lord 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 Lord Smith, the Mayor and City Clerk, respectively, of the City of Mendota Heights, a Minnesota statutory city, on behalf of such city. Notary Public (seal) [Signature Page of the City of Mendota Heights to the Ninth Amendment to the 2009 Mendota.Plaza Planned Unit Development Agreement, dated: 1 2022 ] page199 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 (seal) [Signature Page of the Mendota Mall Associates-Outlots,LLC to the Ninth Amendment to the 2009 Mendota Plaza Planned Unit Development Agreement, dated: 1 2022 ] page 200 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 (seal) 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 (seal) [Signature Page of the Spaulding-Cashill, L.L.P. to the Ninth Amendment to the 2009 Mendota Plaza Planned Unit Development Agreement, dated: 1 2022 ] page 201 MENDOTA LOT 7,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 Lot 7, LLC, a Minnesota limited liability company, on behalf of such limited liability company. Notary Public (seal) [Signature Page of the Mendota Lot 7, LLC to the Ninth Amendment to the 2009 Mendota Plaza Planned Unit Development Agreement, dated: 1 2022 ] page 202 EXHIBIT A LEGAL DESCRIPTION Lot 7, Block 1, Mendota Plaza Expansion, Dakota County Minnesota. Abstract Property PID No. 27-48401-01-070 DOCUMENT DRAFTED BY: City of Mendota Heights, MN 1101 Victoria Curve Mendota Heights, MN 55118 page 203 EXHIBIT B RESOLUTION NO. 2022-15 page 204 EXHIBIT C REVISED SITE PLAN FOR THE SUBJECT PROPERTY page 205 EXHIBIT D DEVELOPMENT PLANS page 206 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-15 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO AMEND THE 2009 MENDOTA PLAZA PLANNED UNIT DEVELOPMENT— FINAL DEVELOPMENT PLAN TO LOT 7, BLOCK 1, MENDOTA PLAZA EXPANSION ADDITION [PLANNING CASE NO. 2021-131 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, in order to develop a new 79-unit apartment building known as Phase III/Lot 7, as proposed under Planning Case 2021-13 (the "Project") and for the 2,04 acre vacant parcel generally located behind The Mendota Plaza Mall building,north of South Plaza Drive and east of South Plaza Way, legally described in Exhibit A; and WHEREAS the conditional use permit to amend the PUD as presented herein would authorize the construction of a 136,036 square foot apartment building with four stories,containing no more than 79-units; and WHEREAS the Mendota Heights Planning Commission took this matter up initially at their regular meeting of August 24,2021,whereby the commission heard comments and testimony under a public hearing on this matter, and continued this matter to the October 26, 2021 regular meeting, whereby the commission heard additional comments and testimony from the Developer and general public, and upon closing the hearing and follow-up discussion on this item, the Planning Commission recommended denial (by 6-1 vote) of the conditional use permit to amend the 2009 Mendota Plaza Planned Unit Development, with certain findings-of-fact supporting said recommendation of denial: and WHEREAS on November 3, 2021, the Mendota Heights City Council held a regular meeting to initially discuss action on determining Planning Case 2021-13, and after receiving additional comments and testimony from the Developer and general public, elected to table this matter to the November 16, 2021 meeting; and WHEREAS, at the November 16, 2021 City Council meeting, the Developer requested the City Council table the vote on their[original] Phase 111/89-unit apartment proposal to a meeting in January, 2022, whereby the Developer agreed to work with a council workgroup comprised of two councilmember (Councilors Duggan and Mazzitello)to work with the Developer and discuss certain modifications to the size and scope of the proposed Phase III apartment project; and Res. 2022-1 S Page I of 7 page 207 WHEREAS,on December 13,2021,the City hosted a public engagement meeting inviting the general public to attend and offer comments, concerns, suggestions or ideas to the Developer regarding their Phase III plan,which included(but not solely limited to)building size,walkability of the development site and throughout the Plaza area, additional green space of the site and throughout the Plaza area, and traffic flow in/out of and throughout the Plaza area; and WHEREAS, on December 16, 2021 the Developer and the Owner met with the council work group and city staff to discuss suggested revisions to the Phase III Project plans, which included: A. Provide for more green space by a)redistributing,reducing or eliminating(outdoor) parking; and b) moving the building to the east; B. Establish setbacks from adjacent curb lines (rather than the property line) of 15-25 feet, with the clarification that the setback did not need to be the same all the way around the building; C. Adjust building size by a) considering a 3-story building; b) reducing the number of units to a total closer to 60 units,and c)reducing the overall height of the building by removing the proposed fourth floor or"push"the building deeper in the ground; D. That suggestions and ideas for changes to the Mendota Plaza were being made separate from the At Home Apartments, LLC Phase III/Lot 7 application; and over the course of the public input process for the At Home Apartments housing proposals, residents and the City Council expressed a desire for: a) additional greenspace/community space within the [mall's] north parking area; b) additional native plantings, benches, walking paths and educational signage within the site, thus reducing hardscape; and c) improvements to traffic patterns and traffic flow; and E. The City has committed to studying, in partnership with MNDOT, Dakota County and residents, the larger resident complaint of traffic on Hwy. 62 and Hwy. 149/Dodd Road, A Traffic Solutions Committee will be established to review this issue. WHEREAS the Mendota Heights City Council wishes to adopt written findings-of=fact in support of the motion to approve Planning Case No. 2021-13, consistent with Minn. Stat. § 15.99; and NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit(CUP to amend the 2009 Mendota Plaza Planned Unit Development(PUD) —Final Development Plan as proposed under Planning Case No. 2021-13, is hereby approved with the following findings of fact: 1) 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; and this Project Res. 2022-15 Page 2 of 7 page 208 provides much needed multi-family housing stock, consistent with the stated goal of the Comprehensive Plan. The Project is designed to provide more affordable units with smaller square footage and high-end amenities, but it will be available to people of all generations. 2) 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 arrays on roof, low flow toilets and 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 added green space and landscaping to include pollinator friendly gardens and native trees. 3) 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 in the Mixed Use-PUD zoning district. 4) The Project falls within the density range of 21 —30 units/acre, which is consistent with the density for a MU-Mixed Use land category in the 2040 Comprehensive Plan. The City Council specifically accepts and adopts the density calculation as presented in the Planning Reports dated July 27, 2021, August 24, 2021, and October 26,2021,all of which were presented to the Planning Commission on those respective dates, and also the Council Memo Packet Report and information provided in the February 2, 2022 council packet, which included a density calculation provided in the presentation to the City Council at the February 2,2022 meeting, all of which are hereby fully incorporated into the approval of this Resolution. 5) The Project will be an effective and unified treatment of the existing development within the established PUD. 6) Financing for this proposed development is available and will be provided by 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 district area. 7) 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. 8) The design of the Project provides reasonable building and parking lot setbacks and a reasonable number of parking stalls. In particular,the Project provides 21 surface parking spaces and 125 underground (interior) spaces, for a total of 146 spaces. Res. 2022-1 S Page 3 of 7 page 209 This provides a ratio of 1.85 parking spaces/unit, which is consistent with other apartment uses in the Mixed Use district. 9) The approved parking ratio of 1.85 spaces per unit serves to encourage more open space on this site; and helps reduce impervious surfaces. 10) The building and parking setbacks, building architecture and design, building height and scale, unit sizes and numbers, parking numbers, greenspace, public and private park and/or outdoor space improvements,impervious surface coverage, and the overall density of this development as presented with the Phase III Mendota Heights Apartments Project Plans (dated 01/24/2022 and presented to the City Council on 02/02/2022), 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. 11) The Project is not excessive compared to the originally planned development for the site, which is located proximate to roads with substantial capability to accommodate traffic generated by the Project. 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 original proposed commercial childcare center development previously proposed in the 2009 PUD. This 79-unit apartment building is estimated to increase traffic by 428 vehicles on Dodd Road; yet this predicted increase in traffic is minimal and will not adversely affect public safety or the general welfare. 12) The Project adequately provides sidewalks to enhance walkability for future residents of the 79-unit apartment building to encourage residents to access nearby retail and commercial areas on foot. 13) 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. 14) The proposed apartment development use occurs in a residential "Focus Area" identified in the city's 2040 Comprehensive Plan,and therefore is 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. 15) 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 Res. 2022-15 Page 4 of 7 page 210 approving this Project. Furthermore, City Council has the authority to adjust the deadlines for development projects consistent with the City Code, 16) 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, as proposed under Planning Case 2021-13, is hereby approved with the following conditions: 1. The Applicant shall draft appropriate amendments to the existing 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, 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. 6. 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. A final landscape plan shall be submitted to the City and reviewed by the city's Natural Resources Coordinator and Community Development Director for approval; and 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. Res. 2022-15 .Page 5 of 7 page 211 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(V/2) times the value of such screening, landscaping, or other improvements, to be included as part of the Development Agreement. 9. The 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. The proposed water system shall be designed and constructed to Saint Paul Regional Water Service (SPRWS) standards. It. 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. 12. Building and grading permits shall be obtained from the City prior to commencement of any construction. 13. 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. 14. The building permit for the new 79-unit apartment building (Phase III/Lot 7) will not be issued or approved until completion of Phase 11----58-Unit Apartments by the Developer. Adopted by the City Council of the City of Mendota Heights this 15th day of February, 2022. CITY COUNCIL CITY OF AJENDOTA HEIGHTS Mayor StiKphanie Levine ATTEST Lorri Smith, City Clerk Res. 2022-15 Page 6 of 7 page 212 EXHIBIT A Legal Description PID No. 27-48401-01-070 Lot 7, Block 1, Mendota Plaza Expansion Addition, Dakota County, Minnesota. (Abstract Property) Drafted by: City of Mendota.Heights 1101 Victoria Curve Mendota Heights, MN 5 5 11 S Res. 2022-15 Page 7 of 7 page 213 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 2022-15 Approve a Conditional Use Permit for a Planned Unit Development - Phase III, Lot 7, At Home Apartments 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 1 st day of April, 2022. Lorri Smith, City Clerk (SEAL) 3: Receipt:#836812 3532480 page 214 Return to. $46.00 t I IIIIII II II IIIII II II IIIII IIIII IIIII IIII III SIMPLIFILE 5072 NORTH 300 w Recorded on:4/1/2022 9:52 AM By:AS,Deputy PROVO UT84604 Office of the County Recorder Dakota County,Minnesota Amy A.Koethe,County Recorder page 215 EXHIBIT C REVISED SITE PLAN FOR THE SUBJECT PROPERTY Z u z = o Z J a. 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