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2022-11-01 City Council Agenda PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA November 1, 2022 6:00 pm Mendota Heights City Hall 1.Call to Order 2.Roll Call 3.Pledge of Allegiance 4.Adopt Agenda 5.Consent Agenda a.Approval of October 18, 2022 City Council Minutes b.Approval of October 18, 2022 City Council Work Session Minutes c.Acknowledge the September 13, 2022 Parks and Recreation Commission Meeting Minutes d.Acknowledge the August 23, 2022 Planning Commission Meeting Minutes e.Approve Summary of the City Administrator’s Annual Performance Evaluation f.Approval of Training Assistant Appointment with the Mendota Heights Fire Department g.Resolution 2022-81 Accepting Parks and Recreation Donation h.Approve 2022-2023 Insurance Renewal and Elect to Not Waive Statutory Limits i.Approve Purchase of Radar Feedback Speed Limit Signs j.Authorize Vacation of Private Watermain Agreement for Mendota Plaza Expansion k.Resolution 2022-83 Accepting Project and Approving Final Payment for the Ridge Place Sanitary Sewer and Streambank Repairs l.Resolution 2022-84 Approving the Re-execution of the Joint Powers Agreement Establishing a Watershed Management Organization for the Lower Mississippi River Watershed m.Approve Massage Therapist License n.Approval of September 2022 Treasurer’s Report o.Approval of Claims List 6.Citizen Comment Period (for items not on the agenda) *See guidelines below 7.Presentations a.City-Wide Bike and Pedestrian Master Plan 8.Public Hearing 9. New and Unfinished Business a. Resolution 2022-82 Approving a Conditional Use Permit for Commercial Recreation Use (Twin City Racquet & Squash Club) in the I-Industrial District - located at 1415 Mendota Heights Road 10. Community Announcements 11. Council Comments 12. Adjourn Guidelines for Public Comment Period: The Public Comment Period of the agenda provides an opportunity to address the Council on items which are not on the agenda. All are welcome to speak. Comments should be directed to the Council. Comments will be limited to 3 minutes per person; presentations which are longer will need to be scheduled with the City Clerk to appear on a future City Council agenda. Public comments may not be used to air personal attacks, to make political endorsements, or for political campaign purposes. Council members will not enter into a dialogue, nor will any decisions be made at that presentation. Questions from the Council will be for clarification only. If appropriate, the Mayor may assign staff for follow up to the issues raised or occasionally called on to respond. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 18, 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 Duggan, Paper, and Mazzitello were also present. Councilor Miller 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 Mazzitello moved adoption of the agenda. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Duggan moved approval of the consent calendar as presented. a.Approval of October 6, 2022 City Council Minutes b. Acknowledge September 14, 2022 Natural Resources Commission Meeting Minutes c.Acknowledge September 14, 2022 Natural Resources Commission Work Session Minutes d. Approve Purchase of Snow Plow Blade for Skid Steer e.Resolution 2022-77 Accepting AAA Traffic Safety Grant f.Acknowledge August 2022 Par 3 Financial Report g. Approval of September 2022 Building Activity Report h. Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS City Council | Tuesday, November 1, 2022 | Page 1 of 238 5a October 18, 2022 Mendota Heights City Council Page 2 of 7 Bernard Friel, 750 Mohican Lane, commented that the previous week he was made aware of adoption of a resolution that has been circulated over the past year by the League of Minnesota Cities related to proposed House Bill 3256. He explained that the Bill encourages density, reduces open space, mandates that duplexes and accessory dwelling units be allowed in single-family areas, and limits the ability of the City to implement design and other building requirements. He expressed concern that this could limit the typical requirements and functions of municipalities. He noted that many metro cities have adopted the resolution and hoped that the Council would refer this matter to the Planning Commission so that a recommendation could be made to the Council to oppose the bill. PRESENTATIONS A) RESOLUTION 2022-78 PROVIDING FOR THE ISSUANCE AND SALE OF $2,030,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2022A, PLEDGING FOR THE SECURITY THEREOF, SPECIAL ASSESSMENTS, AND LEVYING A TAX FOR THE PAYMENT THEREOF Finance Director Kristen Schabacker introduced the case and the representative from Ehlers and Associates. Keith Dahl, Ehlers and Associates, explained that at the September 20, 2022 City Council meeting, the Council authorized the public sale of $2,030,000 in General Obligation Improvement Bonds. The issue will be financing the Centre Pointe Street Improvement project. Standards and Poor’s affirmed the City’s AAA bond rating with a stable outlook. He presented the results of the bid opening noting that the bond amount was reduced to $1,880,000 in order to receive a lower interest rate. Mayor Levine commented that this is good news for taxpayers, and she remains proud of the City for having a long history of fiscally responsible behavior. Councilor Dugan asked if there is any better rating than AAA stable. Mr. Dahl replied that is the highest rating that can be obtained. Councilor Mazzitello moved to approve RESOLUTION 2022-79 PROVIDING FOR THE ISSUANCE AND SALE OF $1,880,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2022A, PLEDGING FOR THE SECURITY THEREOF, SPECIAL ASSESSMENTS, AND LEVYING A TAX FOR THE PAYMENT THEREOF. Councilor Duggan seconded the motion. Further discussion: Councilor Duggan referenced the work of staff on this matter. Ayes: 4 Nays: 0 PUBLIC HEARING A) RESOLUTION 2022-80 ADOPTING ASSESSMENTS FOR THE CENTRE POINTE STREET IMPROVEMENTS City Council | Tuesday, November 1, 2022 | Page 2 of 238 October 18, 2022 Mendota Heights City Council Page 3 of 7 Public Works Director Ryan Ruzek explained that the City contracted with TKDA on the project and introduced the representative present. Larry Poppler, TKDA, explained that the Council is asked to preside over an assessment hearing and adopt the assessment roll for the Centre Pointe Street Improvements. Councilor Duggan commented that typically the approximate charge to homeowners is estimated prior to the project and asked how close the estimate was to the actual assessment. Public Works Director Ryan Ruzek referenced the assessment calculation information included in the report and explained that the mill and overlay and reconstruction areas saw savings while the assessments within the reclamation areas increased slightly. He noted that the reclamation assessments were about $400 more while the reconstruction areas saw a savings of $800 and the mill and overlay assessments would have seen a savings of just over $200 but those were capped at $3,000. Councilor Duggan commented that residents then would most likely not be shocked when they receive the bill. Public Works Director Ryan Ruzek replied that notices were sent to homeowners in early October alerting them to this hearing tonight. He stated that the numbers within those notices were higher than what is projected for assessment at this time. Councilor Paper referenced the cost per foot/per unit and asked for clarification on the commercial and residential rates. Public Works Director Ryan Ruzek replied that those are assumptions that were used based off the average City lot and provided more details. Councilor Paper asked the threshold for entire curb replacement rather than piecing together replacements. Public Works Director Ryan Ruzek replied that prior to the project staff makes an estimate on what they believe would be needed for curb replacement. He stated that in areas where a lot of curb replacement is needed, they ask for quotes on both methods to determine what the better cost would be. Councilor Paper asked if the work has been completed on Carmen. Public Works Director Ryan Ruzek stated that the seeding or mulching should be complete, and staff is working with two homeowners on tree replacement. Councilor Paper commented that this work was done in one to two weeks and asked why that cannot be done on every project. Public Works Director Ryan Ruzek replied that was the timeline for Carmen Lane, but the entire project was completed in two to three months. City Council | Tuesday, November 1, 2022 | Page 3 of 238 October 18, 2022 Mendota Heights City Council Page 4 of 7 Mr. Poppler explained that Carmen Lane is the only way in and out for those residents therefore they wanted to complete that segment quickly. He noted that the entire Carmen Lane project was not completed in that time, but the actual street work was. Public Works Director Ryan Ruzek replied that the incorrect assessment roll was provided but that has been corrected within the packet and is also reflected online. Councilor Duggan moved to open the public hearing. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 4 There being no one coming forward to speak, Councilor Duggan moved to close the public hearing. Councilor Mazzitello seconded the motion. Councilor Mazzitello moved to adopt RESOLUTION 2022-80 ADOPTING AND CONFIRMING ASSESSMENTS FOR THE CENTRE POINTE STREET IMPROVEMENTS. Councilor Duggan seconded the motion. Further discussion: Mayor Levine commented that there is no one present for the public hearing and perhaps there is a better method to engage residents. Ayes: 4 Nays: 0 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2022-79 APPROVING PLANS AND AUTHORIZING AN ADVERTISEMENT FOR BID FOR THE ROGERS LAKE AND PARK PLACE POND IMPROVEMENTS Public Works Director Ryan Ruzek explained that the Council was being asked to approve plans and specifications and authorize an advertisement for bids for the Rogers Lake and Park Place Pond Improvements. Councilor Duggan asked if there were any steps staff would need to take with the contractors about the Blandings turtle. Public Works Director Ryan Ruzek did not believe that would be an issue as the pond freezes solid in the winter and therefore would not be suitable environment for a turtle to winter in. Councilor Mazzitello asked and received confirmation that this project would be funded through the stormwater utility fund. Councilor Paper asked if the ponds are pumped prior to doing the dirt work, or whether the water freezes and then is scraped. City Council | Tuesday, November 1, 2022 | Page 4 of 238 October 18, 2022 Mendota Heights City Council Page 5 of 7 Public Works Director Ryan Ruzek commented that the water would freeze and provided details on that process. Councilor Paper recognized that these are two different projects and asked how long each would be anticipated and whether one project would be completed after the other. Public Works Director Ryan Ruzek replied that this is being bid as one project and staff would anticipate moving from one pond to the next. He stated that the previous pond work has taken three to four days and therefore would anticipate three to four days per pond. Councilor Duggan moved to adopt RESOLUTION 2022-79 APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE ROGERS LAKE AND PARK PLACE POND IMPROVEMENTS. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 B) REVIEW OF THIRD QUARTER CITY COUNCIL STRATEGIC PRIORITIES AND SECOND QUARTER CITY FINANCIAL REPORT City Administrator Cheryl Jacobson provided an update on strategic priorities for the third quarter. Finance Director Kristen Schabacker reviewed the financial progress report for the second quarter. Councilor Duggan provided comments on the Par 3 bond payments and anticipated payoff of that. Finance Director Kristen Schabacker commented that the last payment will be made February 1, 2023, therefore an amount for those bonds was not included in the levy. Councilor Paper referenced the special park fund and asked for clarification on the amounts reflected. Finance Director Kristen Schabacker replied that the amounts reflected anticipated interest earnings for that fund. She stated that park dedication fees are not budgeted for as the City cannot anticipate what would be developed. Councilor Paper referenced an ongoing program to encourage partnership of programs to support local business and asked for more details. City Administrator Cheryl Jacobson explained that strategy was meant to provide outreach to businesses in response to COVID and its related shutdowns. She provided the example of takeout Tuesdays and explained that has taken a different direction now that those businesses are open. She stated that businesses were invited to participate in the upcoming Trick or Tee event in order to promote their businesses and make resident connections. Councilor Paper referenced the lodging tax which is parked and asked for an update. City Council | Tuesday, November 1, 2022 | Page 5 of 238 October 18, 2022 Mendota Heights City Council Page 6 of 7 City Administrator Cheryl Jacobson replied that the City has not yet pursued that conversation but noted that if directed by the Council staff could work on that more. She explained that a lodging tax would be used to promote the City. Councilor Paper asked if the lodging tax could be used to support the Police Department that responds to many calls for lodging. City Administrator Cheryl Jacobson replied that the use of those funds are statutorily defined and that is not an allowed use. Councilor Paper commented that he would like to pursue the lodging tax. He referenced the replacement of the Wentworth warming house and asked how much the City is able to use the special parks fund versus the general fund for that project. City Administrator Cheryl Jacobson provided details on how the special parks fund could be used and noted that anything above the size of the original structure could be funded from the special parks fund. Councilor Duggan referenced the protection of surface water quality and asked that staff remain alert about steps that may be taken with potential restrictions that may be imposed related to water usage. Mayor Levine appreciated the work of staff. COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming events and activities. City Clerk Christine Lusian provided details on the opportunity for early voting. COUNCIL COMMENTS Councilor Mazzitello commented that the Fire Department open house this past weekend was a great event, as was Dog Day held at the dog park. He stated that the Future Cities Program has kicked off its 15th year at Friendly Hills Middle School and provided details on the after-school program. He commented that there are three teams of students that will be competing the third weekend in January. He stated that those teams would like to come to City Hall in February to present their cities. Councilor Paper wished Councilor Miller good luck tonight in the section playoffs with his team. Councilor Duggan commented that the small village in his home of Ireland lost ten people as a result of a gas station explosion. He noted that is a huge loss in a community of 400. Mayor Levine commented that she had a great time at both Dog Day and the Fire Department open house. She commented that she is looking forward to the Trick or Tee event and encouraged residents to participate. ADJOURN City Council | Tuesday, November 1, 2022 | Page 6 of 238 October 18, 2022 Mendota Heights City Council Page 7 of 7 Councilor Duggan moved to adjourn. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 7:08 p.m. ____________________________________ Stephanie Levine Mayor ATTEST: _______________________________ Christine Lusian City Clerk City Council | Tuesday, November 1, 2022 | Page 7 of 238 This page intentionally left blank. City Council | Tuesday, November 1, 2022 | Page 8 of 238 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the City Council Work Session Tuesday, October 18, 2022 CALL TO ORDER Mayor Levine called the work session to order at 4:00 pm. Councilmembers Duggan, Mazzitello, and Paper were also present. Councilmember Miller was absent. Staff in attendance included City Administrator Cheryl Jacobson, Public Works Director Ryan Ruzek, Finance Director, Kristen Schabacker, Assistant City Administrator Kelly Torkelson, Parks and Recreation Manager Meredith Lawrence, and City Clerk Christine Lusian. FIELD AND FACILITY USE POLICY REVIEW Lawrence presented background and history of the field and facility use policy, including human resources, priority groups, hours of use, users by season, fees, observations, recommendations, and next steps. The largest user is MHAA with 77.11% of all permitted hours. MHAA is a priority three group. Users range from 58.7% residents in the fall and 59% residents in the spring and summer. Fees have not changed since 2019. Discussion included the December deadline date, event-day field maintenance and city-owned equipment usage by non-employees, and the collection and privacy of youth names and addresses and the purpose of that practice. PRC will review proposed fees in November and Council will review at the November 15 meeting. CLOSED SESSION CITY ADMINISTRATOR ANNUAL EVALUATION A motion was made by Mazzitello, seconded by Duggan, to adjourn to a closed session pursuant to Minnesota Statutes, Section 13D.05, Subdivision 3(a)(3) at 4:48 pm to conduct the City Administrator’s performance evaluation. Motion passed 4-0. Mayor Levine called to order a closed session at 4:50 pm. CALL BACK TO ORDER AND ADJOURNMENT The Council returned to open session and adjourned the meeting at 5:50 p.m. ____________________________________ Stephanie Levine, Mayor ATTEST: _______________________________ Christine Lusian, City Clerk City Council | Tuesday, November 1, 2022 | Page 9 of 238 5b This page intentionally left blank. City Council | Tuesday, November 1, 2022 | Page 10 of 238 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING SEPTEMBER 13, 2022 The September meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, September 13, 2022, at Mendota Heights City Hall, 1101 Victoria Curve. 1.Call to Order – Chair Bob Klepperich called the meeting to order at 6:30 p.m. 2. Roll Call – The following Commissioners were present: Chair Bob Klepperich, Commissioners: Jaffrey Blanks, Stephanie Meyer, and Michelle Muller; absent: Commissioner Patrick Cotter, Amy Smith, and Dan Sherer. Student Representative: Meg Murphy. Staff present: Parks and Recreation Manager Meredith Lawrence, Recreation Program Coordinator Matt Colwell, and Public Works Director Ryan Ruzek. 3.Pledge of Allegiance The Pledge of Allegiance was recited. 4.Approval of Agenda Motion Blanks/second Meyer to approve the agenda. AYES 4: NAYS 0 5.a Approval of Minutes from August 4, 2022 Park Tour Meeting Motion Blanks/second Muller to approve the minutes of the August 4, 2022 Parks and Recreation Commission Park Tour Meeting. Further discussion: Commissioner Meyer referenced the tour of Rogers Lake Park where two members of the public mentioned exploring the idea of having QR code signs to solicit feedback from park users. She asked that the statement be added to the minutes. AYES 4: NAYS 0 5.b Approval of Minutes from August 10, 2022 Regular Meeting Motion Blanks/second Muller to approve the minutes of the August 10, 2022 Parks and Recreation Commission Regular Meeting. AYES 4: NAYS 0 6.Citizen Comment Period (for items not on the agenda) None. 7.Acknowledgement of Reports Chair Klepperich read the titles of the three updates (Par 3, Recreation, and Park Improvement Updates) and polled the Commissioners for questions. 7.a Par 3 Update Parks and Recreation Manager Meredith Lawrence provided an update on recent course aeration and senior golf passes, which will be discussed at the November meeting. She stated that staff is still awaiting delivery of the three pieces of equipment that had been ordered. She advised of a recent award the course received for its rebranding efforts. She also provided a brief overview of the July financial report. City Council | Tuesday, November 1, 2022 | Page 11 of 238 5c Commissioner Blanks asked if there is an estimation on when the course would close. Ms. Lawrence replied that would be weather dependent. Chair Klepperich congratulated staff for another award. He asked the effect of the lack of moisture on the golf course. Ms. Lawrence stated that it has been an interesting two years with the drought, but the irrigation system has been running properly which has helped the efforts. Commissioner Muller asked if there are staffing changes from summer to fall. Ms. Lawrence stated that the maintenance crew remains the same and the clubhouse staff has remained constant as well. 7.b Recreation Update Recreation Program Coordinator Colwell provided a summary of the Parks Celebration weekend events. Commissioner Meyer commented that the Parks Celebration was well done and a lot of fun. She asked if staff has considered not holding the event the same weekend at the Dakota County fair and other municipal celebrations. Mr. Colwell replied that staff has discussed alternative dates, but the consensus has been to stay with this date as the event is for Mendota Heights residents. Parks and Recreation Manager Meredith Lawrence stated that West Saint Paul is changing their event to June, so staff has scheduled the 2023 event for the same weekend. Commissioner Meyer stated that she would like staff to consider not holding the event the weekend of the County fair. She asked if there is assistance needed for the Trick or Teeing event. Mr. Colwell replied that they have made a few tweaks to the event this year and there is a formal volunteer recruitment system, noting that Commission members are more than welcome to volunteer at the event. Commissioner Meyer stated that she would be happy to volunteer. Student Representative Murphy asked if teens could volunteer. Mr. Colwell confirmed that teens would be welcome to volunteer as well. 7.c Parks Improvement Update Parks and Recreation Manager Meredith Lawrence provided an update on park improvement projects. She stated that the City Council did review the requested capital improvements from the Parks Commission and highlighted the projects that were included in the preliminary 2023 budget. She stated that the City Council denied the Civic Center field project for this fall and instead included that project in the 2023 preliminary budget. She stated that the scope of the Wentworth warming house was reduced and included in the 2023 preliminary budget, and the City Council | Tuesday, November 1, 2022 | Page 12 of 238 temporary trailer has been approved for the 2022-2023 season. She also provided an overview of the special parks fund balance as well as pending projects. Commissioner Muller thanked staff for presenting the Civic Center field projects. She believed the project had been budgeted for in the amount of $5,000 but noted that the project did come in with a higher estimated cost. Ms. Lawrence did not believe any funds had been budgeted for that project for 2022. Public Works Director Ryan Ruzek replied that there is a line item for general park maintenance and supplies that could have allocated $5,000 but there was not a specific line item for that project. Commissioner Muller commented that it seemed that some dirt was brought to the site. Mr. Ruzek replied that some improvements were made to the field, but he has not heard from MHAA whether that was favorable. Commissioner Muller stated that she thought it was clear that Civic Center would not move forward due to the plans and potential reconstruction of City Hall and the Police Station. She stated that the dugouts were also approved so that seems confusing. Mr. Ruzek replied that any potential improvements to City Hall would be known before the end of the baseball season and therefore the field improvements could occur after the summer season. He stated that if there were conflicts between the projects, they would reconsider whether the Civic Center field project should occur. He noted that the dugout project would still move forward and if those needed to be relocated, that could be done. Motion Blanks/second Meyer to acknowledge the staff reports. AYES 4: NAYS 0 8. New Business 8.a Ivy Hills Park Tennis Backboard Request Parks and Recreation Manager Meredith Lawrence stated that on August 2nd staff was contacted by a resident who was interested in the process of installing a backboard at the tennis courts at Ivy Hills. She noted that another neighbor also made a similar request. She noted that the residents do live adjacent to the park. She stated that notices were mailed to households abutting the park boundary on August 15th soliciting input. She provided background information on tennis backboards, noting that there is one at Marie Park. She stated that since the Marie Park backboard was installed in 2015 there have only been two complaints. She noted that the noise generated would be similar to other park activities such as basketball or even less than pickleball. She estimated a cost of about $2,500 and believed the project could be eligible for funding through the special parks fund. She provided the two public comments that have been received in addition to the two requests from residents. Commissioner Blanks asked if any negative feedback has been received from residents. Ms. Lawrence stated that it did not appear the email comment was in favor of the request. City Council | Tuesday, November 1, 2022 | Page 13 of 238 Commissioner Muller stated that when reading the email, it appeared that the resident would prefer the funds to be spent in a different manner (maintenance) but explained that these funds would come from a different source. Commissioner Meyer asked where the backboard would be and where the sound would be directed. She stated that the resident that emailed asked if it could be placed near the basketball court but did not believe that would be an option. Ms. Lawrence stated that the backboard location would be up for discussion. She believed that placement near the parking lot would be a benefit. She stated that the backboard would need to be within the fence and stated that she would not recommend placing it between the courts as that could prevent use of both courts. She stated that she would recommend the parking lot side. Mr. Ruzek confirmed that the parking lot side would be the furthest from homes but was unsure if the sound is generated from the front or back. Commissioner Meyer stated that it would seem that the board could be moved. Ms. Lawrence confirmed that the backboard could be moved within the court if needed. Commissioner Blanks asked if there would be data available from the manufacturer about how far the sound travels. Ms. Lawrence replied that she did not see anything, but staff could try to get more information is that is desired. She noted that this would be a spring 2023 project, therefore there is not an urgency in the decision. Chair Klepperich commented that there is a home to the north on the hill, which would be the side furthest from the parking lot. He was unsure where the property owner opposed lives. Mr. Ruzek confirmed that the resident that emailed does live in that home to the north. Commissioner Meyer acknowledged that she might be opposed if she lived in that home but had no idea the noise level that is generated. Commissioner Muller commented that it was noted as similar to the noise from basketball and noted that her family has a basketball hoop in their driveway and do not receive complaints from neighbors. She stated that it is a reasonable noise in a residential and/or park area. Commissioner Meyer asked if there were other requests in addition to the original request from the resident. Ms. Lawrence confirmed that there was a request from a resident that brought this forward and identified the location of that home. She noted that another resident also made a similar request. Commissioner Muller stated that perhaps the decision is delayed until more members of the Commission are present. City Council | Tuesday, November 1, 2022 | Page 14 of 238 Motion Blanks/second Muller to table the request until more information is received related to the potential noise and until more Commission members are present for the discussion. Further discussion: Commissioner Meyer stated that she would go with Ms. Lawrence on a Friday to measure the noise levels from using the backboard. AYES 4: NAYS 0 8.b Demographics Presentation Chair Klepperich stated that this information was requested by the Commission and urged the Commission to think about how this information can be tied to the parks and recreation strategic plan. Parks and Recreation Manager Meredith Lawrence stated that when the request was made to staff there was not specific information requested so if there is additional data requested, staff could bring that back at a later date. She explained that knowing the demographics of the community will help to plan for the needs of the community and could help to target programing to those demographics as well. She reviewed the strengths and weaknesses that were identified through the planning process the Commission underwent last year. She reviewed the different demographics with the Commission. She also reviewed the goals for the future of Mendota Heights parks and recreation that were identified in the planning process. Chair Klepperich thanked staff for presenting that information, recognizing that it may take some time to digest all that data, and this could come back for additional discussion in the future. He commented that the bike and pedestrian plan staff is working on fits well with the demographic information. Commissioner Muller agreed noting that she often uses the trail system for her own recreation but also uses other recreation amenities in the community with her children. Commissioner Meyer stated that she had similar thoughts as parents use the parks with their children, therefore it is not just the youth using those facilities designed for children. She stated that she would be interested in the median ages for some of the other communities (Sunfish Lake, Mendota, and Lilydale) as that could provide partnership opportunities for seniors and active adults in the same way the City partners with other communities on youth programing. She agreed with attempting to plan ahead, acknowledging that it can be difficult to predict what will happen in 20 years, and noting that those projections did seem to fit the community. She stated that it could be helpful to overlap the demographics onto a map to identify any gaps in services that may exist for different user groups. Commissioner Muller commented that all of the data was specific to Mendota Heights, with the exception of the ISD information which includes students from other communities. Ms. Lawrence agreed that is a good point as even though the schools are located in Mendota Heights, there are students from other communities attending those schools. She stated that the athletic association has kids that participate from other communities and therefore those kids are using the City facilities. She noted that the City also benefits from the amenities founds in other communities, such as the splashpad at Harmon Park. She noted that the poverty level data was specific to Mendota Heights, which was a surprise to her. She stated that could tie into the free and reduced lunch data. City Council | Tuesday, November 1, 2022 | Page 15 of 238 Commissioner Muller noted that could also be seniors on a fixed income. Ms. Lawrence agreed and noted that would be an opportunity to look at the programing that could be provided for that demographic that may not have the means to go to Lifetime Fitness or drive to a senior center in another community. Commissioner Blanks appreciated this data as he believes it will help in the community engagement meetings. Commissioner Meyer asked if there is a way to find out more specific information on the poverty level data, such as household size. Ms. Lawrence provided more details on how the federal poverty level is calculated. She agreed that having more information could better understand where the need is, and even if that information could be demographically located to determine gaps that may exist in different areas of the community. Commissioner Meyer stated that perhaps there could be an opportunity offer free and reduced programing for seniors in addition to youth. Ms. Lawrence noted that perhaps offering programing in a park location would also benefit those that have a barrier to traveling to a location. Chair Klepperich acknowledged the plan of the City to do more long-range planning, noting that he gets a bit cautious about planning further than 15 years as it can become unpredictable after that. He thanked City staff for gathering this information and the Commission for its input. He noted that this can come back for further discussion in a few months. 9. Unfinished Business 9.a Community Engagement Outreach Update Parks and Recreation Manager Meredith Lawrence stated that a template was included in the packet to be used for engagement meetings. She stated that staff would like the Commission members to provide an update to the Commission following their engagement event and provide their notes to staff. She stated that staff would then compile that information to review with the Commission later this year to assist in creating a task list for 2023. Chair Klepperich commented that he conducted an engagement meeting at the dog park with Commissioner Meyer. He stated that all the comments made were positive, including a comment that the staff mowing the grass was friendly and respectful of the people and animals. The users also appreciated the tree trimming that was done to improve the security of vehicles for users of the park. Commissioner Meyer stated that one of the most helpful things for a metric to provide to staff would be to tally numbers, such as the number of people attending and the number of those that were Mendota Heights residents. She commented that 15 people attended and only four were Mendota Heights residents. She stated that all the comments were positive, and everyone loves the dog park. She stated that the park does get muddy at times because of the rolling terrain. She stated that a few comments were made in general about the parks as a whole that they appreciate the balance between amenities and affordable taxes. She stated that the only City Council | Tuesday, November 1, 2022 | Page 16 of 238 suggestion received was related to a regular maintenance schedule for the portable toilets and there is a preference for the larger size. Ms. Lawrence noted that all of the parks are required to have the handicap accessible portable toilet and they are cleaned once per week. Commissioner Meyer noted that a comment was made that sometimes the locks on those doors are not working and perhaps that could be mentioned to the cleaning crew. She stated that people also liked the separation between big and little dogs. Commissioner Muller commented that it is back to school season so she can begin to meet with the PTA organizations. Commissioner Blanks stated that the rotary meeting is scheduled for October 5 and the PTA meeting is scheduled for October 10. 9.b Park and Recreation Strategic Planning Update Parks and Recreation Manager Meredith Lawrence stated that she will be reaching out to the Commission to schedule a worksession for future planning. She noted that she will also be scheduling a joint meeting with the Natural Resources Commission and this Commission to discuss the link between natural resources and parks. She reported that the volunteer program is running and stated that they would love to have teen volunteers at events as well. 10. Staff Announcements Parks and Recreation Manager Meredith Lawrence shared the following announcements: • Opening of the Dakota County Big River shelter this Saturday from 3 to 6 p.m. • Two Rivers High School will be hosting a movie night Saturday • There will be a Makers Market on Saturday, September 24 • Engagement is still open for the bike ped plan • The City is now looking for warming house staff for the upcoming season • Other events can be found on the City’s website 11. Student Representative Update Student Representative Murphy stated that she would be interested in information on teen volunteer opportunities and will focus on that for the future. 12. Commission Comments and Park Updates Commissioner Blanks • Activity is slowing down at the parks, but they are still busy with people walking their dogs and riding bikes • Encouraged residents to spend time outside while the weather is still nice Commissioner Muller • Rogers Lake continues to be an active park • Kensington is typically a quite park but did notice three or four trees removed • A resident was happy with the lilacs that are coming in where brush was previously removed at Kensington City Council | Tuesday, November 1, 2022 | Page 17 of 238 Commissioner Meyer • The parks remain busy, and people are enjoying the lights for pickleball • Hopes to attend the Dakota County open house event this weekend • There is a small portion of trail that goes toward Victoria Highlands Park which has an awkward 90-degree angle that could be considered in the bike ped plan Chair Klepperich • Thanks Student Representative Murphy for her participation • Thanks to staff for their participation and the background information provided to the Commission • Acknowledged a donation from MHAA for the pitching mound at Victoria Highlands • Commented on the budget process and appreciation for the items from the Commission that were included in the preliminary budget • Asked that users of the trails be cautious of other users 13. Adjourn Motion Blanks/Second Muller to adjourn the meeting at 8:10 PM AYES 4: NAYS 0 Minutes drafted by: Amanda Staple TimeSaver Off Site Secretarial, Inc. City Council | Tuesday, November 1, 2022 | Page 18 of 238 PC APPROVED 10/25/2022 August 23, 2022 Mendota Heights Planning Commission Meeting Page 1 of 16 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES August 23, 2022 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, August 23, 2022 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Commissioners Patrick Corbett, Sally Lorberbaum, Cindy Johnson, Michael Toth, Brian Petschel, and Andrew Katz. Those absent: Chair Litton Field. Approval of Agenda The agenda was approved as submitted. Approval of July 26, 2022 Minutes COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER CORBETT, TO APPROVE THE MINUTES OF JULY 26, 2022. FURTHER DISCUSSION: ACTING CHAIR LORBERBAUM NOTED ON PAGE FIVE, ABOVE ITEM B, IT SHOULD STATE, “…ADVISED THE APPLICANT THAT THE CITY COUNCIL…” ON PAGE SEVEN, THE FIFTH PARAGRAPH, IT SHOULD STATE, “…ZIG ZAG ARCHITECTURE SHOWN IN THE PLAN WOULD…” ON PAGE SEVEN THE THIRD PARAGRAPH FROM THE BOTTOM, IT SHOULD STATE, “…COMMENTED THAT ASKED IF…” AYES: 5 NAYS: 0 ABSTAIN: 1 (KATZ) Public Presentations A)City Wide Bike and Pedestrian Master Plan – (Presented by HKGI) Public Works Director Ryan Ruzek stated that the City received a grant from Dakota County to develop a city-wide bike and pedestrian master plan. He introduced the consultant present tonight to review the draft plan. He noted that any input from the public could be provided to him or on the interactive mapping tool directly. Gabrielle Grinde, HKGI, stated that they have been working with staff on the development of this plan and are currently in the second phase of engagement. She reviewed the project process which identifying existing facilities, issues, and opportunities. She also reviewed the plan purpose and goals including importance and value of a connected bicycle and pedestrian system, plan strategy and organization. She displayed a map identifying the existing facilities and provided a high-level summary of the phase one input. She highlighted examples of the system components that will be included in the recommendations. She also displayed a map identifying the issues and opportunities. She stated that phase two engagement began and few weeks ago and reviewed the City Council | Tuesday, November 1, 2022 | Page 19 of 238 5d PC APPROVED 10/25/2022 August 23, 2022 Mendota Heights Planning Commission Meeting Page 2 of 16 activities that have occurred thus far, noting that the interactive map tool is available for engagement. She highlighted the next steps, noting that the draft plan will be presented to the Council at a workshop in September and then at a regular Council meeting in October. Acting Chair Lorberbaum recognized that the interactive mapping tool was included in the Friday News and asked how else this could be publicized to the residents. Public Works Director Ryan Ruzek stated that staff has reached out to many groups. He noted that staff has reached out to a local bicycle shop and an email was sent to their mailing list, ADA residents to gain that perspective, and because there was a lack of youth perspective in phase one, they are attempting to solicit more youth comments in phase two. He noted that they are also using social media. Commissioner Johnson stated that cross county athletic coaches utilize the roads for training and stated that she could provide feedback from that group. Commissioner Katz believed that there is a Mendota Heights bicycle club and suggested staff reach out to that group. Commissioner Johnson stated that they could also reach out to the Mendota Heights mom’s club. Ms. Grinde stated that the interactive tool would be great for providing comments and noted that additional comments could be provided to City staff. Hearings A) PLANNING CASE 2022-14 MICHAEL FRATTALLONE, 1010 SIBLEY MEMORIAL HWY - MRCCA PERMIT Community Development Director Tim Benetti explained that Michael Frattallone is seeking approval of a Mississippi River Corridor Critical Area (MRCCA) Permit in order to approve new land alterations and vegetation clearing on his personal property located at 1010 Sibley Memorial Highway. 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 (available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Commissioner Petschel referenced the soil map and asked if that reflects the state of the land before work was done by the property owner. He asked how the previous owner was allowed to get away with this as it appears the entire area was scraped clean rather than select removal of diseased trees. City Council | Tuesday, November 1, 2022 | Page 20 of 238 PC APPROVED 10/25/2022 August 23, 2022 Mendota Heights Planning Commission Meeting Page 3 of 16 Community Development Director Tim Benetti provided background information noting that the site had returned to a natural state. Commissioner Petschel commented that it would seem there would be room to close a loophole which allowed that previous property owner to receive his bond back. Community Development Director Tim Benetti replied that the previous property owner was allowed to do the clearing as a precursor for development. He provided additional details on the process with that previous property owner. He stated that Mr. Frattallone then purchased the property and removed some of the unwanted vegetation and has now presented a plan to fix the property. Commissioner Toth asked if there was any follow up between property owners to ensure the property was properly managed. Community Development Director Tim Benetti commented that staff met with the previous property owner a number of times and they believed that enough progress had been made as the intention was for development to occur, noting that development never occurred. Commissioner Johnson commented that the previous property owner was required to plant 13 native trees under the previous approval and stated that in an aerial view those trees were planted. She stated that if that area became overgrown, she could see how Mr. Frattallone could have thought some of those trees were dead or dying, because tamarack trees lose their needles when stressed. Community Development Director Tim Benetti stated that there should be a replacement plan for the trees that were removed. He stated that staff would like to see more of those replacements along the east side, of hillside area, or anywhere else on the property. He noted that they have recommended the same species but welcomed any other suggestions as well. He stated that they would like to have the property seeded and covered as soon as possible with the trees planted as well. Commissioner Johnson noted that all the trees recommended are native overstory trees. Acting Chair Lorberbaum referenced the three-year restoration plan and asked if staff checks on the property each year. Community Development Director Tim Benetti replied that there is no requirement for inspection, but staff would keep an eye on the property because of its history. He stated that the Natural Resources Coordinator or another staff member could regularly visit the site. He noted that they could take photos and continue to provide updates to the Commission if desired. Acting Chair Lorberbaum suggested that regular updates be provided. Community Development Director Tim Benetti commented that staff can provide regular visits to the property, even once per month during the growing season. City Council | Tuesday, November 1, 2022 | Page 21 of 238 PC APPROVED 10/25/2022 August 23, 2022 Mendota Heights Planning Commission Meeting Page 4 of 16 Commissioner Johnson commented that she believes that relates to the three-year maintenance and management plan. She believed that the trees needed to be planted before those three years. Community Development Director Tim Benetti suggested that the replacement of the trees be allowed to occur within the three-year period, while the restoration plan should be implemented immediately. Commissioner Corbett asked if there is still thistle remaining onsite and whether the plan accounts for that. Community Development Director Tim Benetti confirmed that there is still thistle as staff stopped them before they got to that area. He confirmed that staff would want that removed as it is invasive. Commissioner Toth referenced the narrative within the packet which mentions the stop work order. He stated that there have been a number of situations recently where a resident has begun work on their property without knowing the requirement of the MRCCA permit. He asked how the City can do a better job educating residents of the required process. Community Development Director Tim Benetti replied that there is information on the City website and included in the newsletters. He stated that he intended to send a direct mailing to all property owners in the MRCCA but that has not yet happened. He stated that this year has been a bit odd with a number of wetland violations and this was one of the MRCCA violations that they caught as well. He stated that Mr. Frattallone has been good to work with and he wants to fix this and do a good job. Acting Chair Lorberbaum asked the chances of the runoff going down the driveway and impacting the neighboring property as currently designed. Public Works Director Ryan Ruzek commented that there is not a change to the historical drainage patterns of the property. He noted that the property to the west has experienced drainage problems from this property for years. He stated that this plan will not make that issue better or worse. He stated that if a new home is constructed on the second lot, it would need to create stormwater treatment to offset the impervious surface. He noted that this project would not add impervious surface. He stated that there is a condition to replace the 14 trees and those trees could absorb some water. Commissioner Johnson asked if staff has the stormwater flow map for the property. Public Works Director Ryan Ruzek described the path drainage takes entering this property from the east and flowing to the west. Commissioner Johnson referenced the profile showing the sod and trees. She stated that to the right of the volleyball court the elevation goes up and asked if there is more grading that would be done as the profile sketch does not match the grading of the property. City Council | Tuesday, November 1, 2022 | Page 22 of 238 PC APPROVED 10/25/2022 August 23, 2022 Mendota Heights Planning Commission Meeting Page 5 of 16 Community Development Director Tim Benetti commented that staff stopped the grading halfway through. He stated that the applicant can provide more details. Commissioner Toth asked the type of soil on the property. Community Development Director Tim Benetti described the soil conditions. Commissioner Toth stated that type of soil naturally absorbs water. Community Development Director Tim Benetti confirmed that the area will act as a natural infiltration basin for the water that comes from the east. He stated that staff hopes that the water would pond or pool in the area of the sand volleyball court. Acting Chair Lorberbaum opened the public hearing. Nicole Frattallone, 1010 Sibley Memorial Highway, stated that they are trying to make the property look better. She commented that the weeds were so thick they were trying to improve that and were not aware a permit was needed but would like to move forward in the right way. Stephen Mastey, landscape architect representing the applicant, stated that they are excited to hear from neighbors and will then provide additional input. Alan Anderson, 1645 James Court, stated that his property backs up to the Frattallone property. He commented that there is a significant wooded area that was cleared away. He is thankful that Commissioner Johnson brought up the replacement of trees as there were a significant number of mature trees on the southern half of the property that were removed and do not appear to be a part of the discussion tonight. He recognized that the trees were not on his property, therefore he does not have control over that, but commented that there was wildlife habitat in that area. Acting Chair Lorberbaum asked if the trees on the southern half were removed by the previous owner or current owner. Mr. Anderson replied that the trees were removed by the current property owner. Pat Anderson, 1645 James Court, stated that she was a bit confused by the staff presentation as most of the work mentioned was in front of the house whereas there concern with what occurred in the back of the home. She stated that area was heavily wooded, but those trees are now gone as is the wildlife that used to be in that area. She stated that they were aware of the work the previous owner did as well as the replacement planting that resident did. Commissioner Johnson asked the type of trees that were removed. Mrs. Anderson was unsure but confirmed there were not evergreen trees. Mr. Mastey commented that there are a lot of boxelders that are diseased and dying. He provided a quick drainage plan he drew and explained that most of the stormwater comes from the east, City Council | Tuesday, November 1, 2022 | Page 23 of 238 PC APPROVED 10/25/2022 August 23, 2022 Mendota Heights Planning Commission Meeting Page 6 of 16 moving across the site from right to left. He stated that they are not planning to change the drainage plan and the only grading would be a few inches. He stated that the profile sketch was not perfect and meant to show the trees, recreational land, and sloping of the property which is high on the right and low on the left. He stated that the only grading would be the soil correction that they had planned. He stated that he was on the site five years ago and provided some photographs noting that the area was prepped to make way for a future home site, driveway, and associated improvements. He also provided a photograph of the site as it looks today, noting that they are not requesting to remove significant vegetation but to manage those areas and complete soil corrections. He stated that there is class five material, and the drainage moves across that area to the next property. He stated that they would be loosening that soil up to better drain and then add native plantings that would benefit pollinators and assist in water quality treatment. He provided a sketch of what the area would look like with the volleyball court and landscaping as proposed. Commissioner Toth noted a berm shown in the sketch displayed. Mr. Mastey provided additional details noting that they would keep the inherited grade of the property and would just be amending the soils. He provided additional details on the invasive species that exist on the site and the management that they would like to complete. He stated that with the plantings they are attempting to increase biodiversity, targeting pollinators. He explained why the buffer area around the property is important to their plan. He stated that their plan is to create a habitat for pollinators in that buffer area. He commented that the biggest issue they had is that there was a requirement to plant trees five or six years ago. He noted that since that time those trees may have become diseased and dying. He stated that these property owners inherited landscaping that appeared to be neglected and asked how they could be held accountable for something that was not in great condition when they decided to try to make it better. He stated that the time limits for the trees required by the previous property owner has passed, the property was neglected, and the new property owners are trying to make their property better that allows them to enjoy their property and incorporate biodiversity that is lacking. Commissioner Corbett asked if the applicant would address the concerns of the neighbor. Ms. Frattallone welcomed the neighbors to come over and discuss the trees they were concerned with. Acting Chair Lorberbaum asked if the property owner would be willing to replant trees on the southern portion of the site. Ms. Frattallone commented that there were some dead trees on the southern portion of the property that were leaning towards the home along with invasive. She confirmed that they would be willing to add trees on that portion of the property. Commissioner Johnson stated that when she visited the site, looking towards the north there were many cottonwood trees ranging in size and asked the plan for those trees. Mr. Mastey identified the small bushy trees that are invasive in that area. He stated that there are also Chinese elm and buckthorn in that area which are also invasive, and the cottonwoods are City Council | Tuesday, November 1, 2022 | Page 24 of 238 PC APPROVED 10/25/2022 August 23, 2022 Mendota Heights Planning Commission Meeting Page 7 of 16 mixed in. He stated that in order to manage the invasives, they would need to remove those trees and correct the soils. He did not believe the invasives could be managed without damaging the cottonwoods. Commissioner Johnson commented that cottonwoods are pollinator friendly and desired in the bluff area, therefore she would like to see some of the six-foot cottonwoods remain. Mr. Mastey stated that while it would be nice to keep those trees, they are growing on a parking lot surface and therefore it would be impossible to correct the soils to support the native landscaping without disturbing those trees. He stated that if a cottonwood were to come up after the site is stabilized, they could leave it. Commissioner Johnson commented that while a native planting is good, it does not provide the same biological and ecological benefit as trees. Mr. Mastey agreed but noted that there are trees existing on the site while it lacks the biodiversity that the plantings would provide. Seeing no one further coming forward wishing to speak, Acting Chair Lorberbaum asked for a motion to close the public hearing. COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 Commissioner Petschel stated that he agrees with the plans for the front, but it sounds like there was removal of an unknown amount of vegetation in the back without a permit and stated that may need to be addressed as a second issue. Community Development Director Tim Benetti stated that under the previous 2017 plan, the former staff member identified a lot of the areas around the home that would be approved for removal of dead/diseased/dying trees. He stated that Mr. Frattallone agreed that there was work in the back to remove dangerous trees. He stated that the homeowner stated that they are willing to replant in that area and he trusts that staff could work with the homeowner to replace those trees. Commissioner Petschel stated that he is upset by the work of the previous property owner as that work was allowed with the preface that a home would be built. Community Development Director Tim Benetti replied that he believed the previous property owner had an intention to build a second home or the lot split would not have moved forward. Commissioner Petschel stated that he feels that he was misled by the previous property owner and therefore does not want to fall into that same pit. He asked if the City would be allowed to place a lien on the property for future projects of that nature. City Council | Tuesday, November 1, 2022 | Page 25 of 238 PC APPROVED 10/25/2022 August 23, 2022 Mendota Heights Planning Commission Meeting Page 8 of 16 Commissioner Katz commented that this is beyond the scope of this case. Commissioner Corbett commented that the presentation mentioned that thankfully nothing in the bluff impact zone (BIZ) was touched but it appears that perhaps there was work in that area therefore it seems like this is an incomplete scope of the project. Commissioner Petschel commented that the property needs to be restored per the MRCCA rules. Commissioner Corbett stated that data needs to be established related to the trees on the southern portion of the property in the same manner the trees on the north are being discussed. Community Development Director Tim Benetti replied that there is nothing wrong with removing trees in the BIZ if they are considered invasive, or diseased, or dying. He believed that it is fair for the homeowner to offer the replacement trees. Commissioner Toth asked if the homeowner removed those trees or whether the contractor removed the trees. Community Development Director Tim Benetti replied that the contractor did the tree removal and staff spoke with the contractor to stop the work. Commissioner Johnson asked if this could be broken into two permits, requiring the homeowner to come in for an after the fact permit for the south side. Community Development Director Tim Benetti commented that staff would like to see the site buttoned up as soon as possible and would not want to delay that action. He stated that the Natural Resources Coordinator and Public Works Director can work with the applicant and Mr. Mastey on the tree replanting. Commissioner Petschel stated that if there was substantial removal in that area, it could be brought back as a separate violation. Commissioner Johnson stated that she would prefer to do an after the fact permit for the south side, which would allow this to continue to move forward. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER KATZ, TO RECOMMEND APPROVAL OF THE MRCCA PERMIT TO MICHAEL FRATTALLONE AND FOR THE PROPERTY LOCATED AT 1010 SIBLEY MEMORIAL HIGHWAY, WHICH WOULD ALLOW VEGETATION CLEARING AND RESTORATION, ALONG WITH SOME EXISTING AND FINISHED LAND DISTURBANCE AND GRADING ACTIVITY, AND PLACEMENT OF A NEW SAND VOLLEYBALL COURT ALL BASED ON THE FINDINGS OF FACT THAT THE PROPOSED PROJECT IS COMPLIANT WITH THE POLICIES AND STANDARDS OF THE MRCCA ORDINANCE AND CITY CODE, WITH THE FOLLOWING CONDITIONS: City Council | Tuesday, November 1, 2022 | Page 26 of 238 PC APPROVED 10/25/2022 August 23, 2022 Mendota Heights Planning Commission Meeting Page 9 of 16 1. THE NEW IMPROVEMENTS AND WORK DESCRIBED, ILLUSTRATED AND DETAILED ON THE “LANDSCAPE PLAN – FRATTALLONE RESIDENCE – 1010 SIBLEY MEMORIAL HIGHWAY” AND ANY OTHER PLANS RELATED TO THIS PROJECT SHALL BE THE ONLY WORK OR IMPROVEMENTS ALLOWED AND APPROVED UNDER THIS NEW MRCCA PERMIT. 2. ALL NEW NATIVE PLANTING WILL BE CONSISTENT WITH THE MNL SAVANNA MIX – SHORTGRASS SEED PLANTING LIST AS PROVIDED BY THE APPLICANT. 3. NO EXISTING TREES OR VEGETATION IS ALLOWED TO BE REMOVED UNLESS THEY ARE IDENTIFIED AS DISEASED, DYING OR DEAD, OR CONSIDERED INVASIVE OR NOXIOUS VEGETATION. ANY OTHER TREES OR VEGETATION REQUESTED TO BE REMOVED BY THE APPLICANT MUST BE REVIEWED AND APPROVED BY THE CITY’S NATURAL RESOURCES COORDINATOR. 4. FULL EROSION AND SEDIMENTATION MEASURES WILL BE PUT IN PLACE PRIOR TO AND DURING ANY NEW GRADING, PLANTING AND CONSTRUCTION WORK ACTIVITIES. 5. ALL GRADING AND CONSTRUCTION ACTIVITY WILL FOLLOW APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS AND CODES, AS WELL AS IN COMPLIANCE WITH THE CITY’S LAND DISTURBANCE GUIDANCE DOCUMENT. THE APPLICANTS MUST SUBMIT AND RECEIVE A SWPP PERMIT AND NPDES PERMIT (IF NECESSARY) PRIOR TO START OF ANY NEW CONSTRUCTION WORK. 6. ALL WORK ON SITE WILL ONLY BE PERFORMED BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. MONDAY THROUGH FRIDAY; 9:00 A.M. TO 5:00 P.M. WEEKENDS. 7. THE CITY WILL ISSUE A CERTIFICATE OF COMPLIANCE AFTER THE VEGETATION RESTORATION PLAN REQUIREMENTS HAVE BEEN COMPLETED TO THE SATISFACTION OF PUBLIC WORKS DIRECTOR. 8. THE LOSS OF TREES ON THE SOUTH SIDE OF THE PROPERTY BE EVALUATED FOR REPLANTING. 9. A THREE-YEAR MAINTENANCE PLAN SHALL BE REQUIRED. FURTHER DISCUSSION: COMMISSIONER PETSCHEL STATED THAT HE DOES NOT WANT TO PUNISH THE CURRENT PROPERTY OWNERS FOR THE ACTIONS OF THE PREVIOUS PROPERTY OWNER. HE STATED THAT THIS RESIDENT IS WILLING TO SPEND MONEY TO FIX AN EYESORE AND POTENTIAL WATER ISSUE. HE STATED THAT HE IS NOT THRILLED THAT THIS WILL MOSTLY BE LAWN. HE BELIEVED THAT THE CITY SHOULD LOOK FURTHER INTO HOW IT CAN BIND PEOPLE TO THE WORK THEY SAY THEY WILL DO. COMMISSIONER CORBETT STATED THAT THEY HAVE SPENT A LOT OF TIME DISCUSSING THIS AND APPLAUDS THE WORK OF THIS RESIDENT AS IT IS A STEP IN THE RIGHT DIRECTION BUT BELIEVES THE SAME ATTENTION SHOULD BE GIVEN TO THE SOUTH SIDE OF THE HOME. ACTING CHAIR LORBERBAUM STATED THAT IS INCLUDED IN THE MOTION. City Council | Tuesday, November 1, 2022 | Page 27 of 238 PC APPROVED 10/25/2022 August 23, 2022 Mendota Heights Planning Commission Meeting Page 10 of 16 COMMISSIONER CORBETT STATED THAT HE WOULD PREFER TO TABLE THIS IN ORDER TO PROVIDE THE DATA ON THE TREES THAT WERE REMOVED. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER JOHNSON, TO TABLE CASE #2022-14 UNTIL MORE INFORMATION IS PROVIDED ABOUT THE SOUTHERN SIDE OF THE PROPERTY. AYES: 3 (CORBETT, TOTH, JOHNSON NAYS: 3 COMMISSIONER PETSCHEL ASKED WHAT WOULD BE NEEDED TO MOVE FORWARD FOR THOSE THAT VOTED TO TABLE. COMMISSIONER JOHNSON STATED THAT SHE WOULD LIKE TO SEE THE 14 TREES IN THE PLAN THAT ARE NATIVE. SHE STATED THAT SHE WOULD LIKE TO SEE THE SOUTH SIDE HAVE A SEPARATE AFTER THE FACT PERMIT. COMMISSIONER PETSCHEL COMMENTED THAT WOULD BE AN ENFORCEMENT ACTION BECAUSE THERE WAS NOT A VEGETATION REMOVAL PERMIT. HE BELIEVED THAT WOULD BE HEAVY HANDED AS THE APPLICANT IS HERE. COMMISSIONER JOHNSON ASKED HOW ELSE THEY COULD ENSURE THE DATA IS PROVIDED AND THE ISSUE IS ADDRESSED IN THE SAME MANNER THIS IS BEING ADDRESSED. SHE NOTED THAT WOULD ALLOW THIS PORTION TO MOVE FORWARD. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI STATED THAT STAFF WILL WORK WITH THE APPLICANT TO ADDRESS THAT AREA AND BELIEVED THE CONDITIONS PROPOSED BY COMMISSIONER PETSCHEL IS FAIR. HE STATED THAT HE WOULD LIKE TO GET THIS BACK ON TRACK TO BUTTON UP THE SITE BEFORE WINTER SETS IN. HE BELIEVED THAT THE EVALUATION COULD BE DONE BY STAFF AND PRESENTED AT THE CITY COUNCIL MEETING. HE CONFIRMED THE ADDITION OF 14 TREES BEING ADDED TO THE SITE AS RECOMMENDED BY COMMISSIONER JOHNSON. COMMISSIONER PETSCHEL STATED THAT HE AGREES THAT STAFF COULD WORK WITH THE APPLICANT TO ADDRESS THE SOUTHERN PORTION OF THE SITE PRIOR TO PRESENTATION TO THE CITY COUNCIL. ACTING CHAIRPERSON LORBERBAUM CONFIRMED THAT SHE WOULD AGREE TO THAT. COMMISSIONER JOHNSON ASKED HOW THE INPUT WOULD BE GAINED FROM THE ANDERSONS ON WHAT OCCURRED. City Council | Tuesday, November 1, 2022 | Page 28 of 238 PC APPROVED 10/25/2022 August 23, 2022 Mendota Heights Planning Commission Meeting Page 11 of 16 COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI STATED THAT STAFF WOULD MEET WITH THE APPLICANT AND THEIR LANDSCAPING ARCHITECT IN ORDER TO EVALUATE THE SOUTH SIDE AND COME TO AN AGREEMENT WHICH WILL BE PRESENTED TO THE COUNCIL. HE STATED THAT HE WILL ALSO RECOMMEND THAT THE APPLICANT MEET WITH THE ANDERSONS TO SOLICIT INPUT. HE NOTED THAT THE ANDERSONS COULD REACH OUT TO HIM FOR MORE INFORMATION OR COULD ATTEND THE CITY COUNCIL MEETING AS WELL. COMMISSIONER TOTH STATED THAT AFTER STAFF VISITS THE PROPERTY, HE WOULD LIKE THAT INFORMATION TO BE SHARED WITH THE PLANNING COMMISSION. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI CONFIRMED THAT HE COULD SEND THAT INFORMATION TO THE COMMISSION MEMBERS. HE NOTED THAT WOULD ONLY BE INFORMATIVE AND THERE COULD NOT BE DISCUSSION AND THERE SHOULD NOT BE A REPLY TO ALL BY ANY MEMBERS OF THE COMMISSION. ACTING CHAIR LORBERBAUM REVIEWED THE ADDITIONAL CONDITIONS THAT HAVE BEEN ADDED TO THE MOTION. AYES: 5 NAYS: 1 (CORBETT) Acting Chair Lorberbaum advised that the City Council would consider this application at its September 6, 2022 meeting. B) PLANNING CASE 2022-19 XCEL ENERGY, 944 SIBLEY MEMORIAL HIGHWAY – MRCCA PERMIT AND VARIANCE Community Development Director Tim Benetti explained that Xcel Energy (Northern States Power Company) is seeking approval of a Mississippi River Corridor Critical Area (MRCCA) Permit and Variance, in order to replace and install a new ten-foot-high security fence on their natural gas transfer/distribution site, located at 944 Sibley Memorial Highway. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Acting Chair Lorberbaum opened the public hearing. City Council | Tuesday, November 1, 2022 | Page 29 of 238 PC APPROVED 10/25/2022 August 23, 2022 Mendota Heights Planning Commission Meeting Page 12 of 16 Brian Sullivan, Xcel Energy, stated that they are continuing to make improvements to their facilities and identified that a better fence should be provided at this location. He provided details on the proposed fence, noting that it would be difficult to crawl to the top. Commissioner Johnson stated that she visited the website of the fence manufacturer and noticed that there were clear pictures of the galvanized finish which can be very striking. She stated that it was her understanding that the fence is also available in black and believed that might be a better fit for the site given the adjacent uses. Mr. Sullivan stated that he was unsure. He stated that the initial response would be to stay with the galvanized finish because it holds up. Commissioner Johnson replied that it is her understanding that the product would be galvanized and then painted black before shipped. She commented that a ten-foot tall, galvanized fence could be visually intrusive. Mr. Sullivan stated that in his experience galvanized does not reflect. Commissioner Toth asked if Commissioner Johnson would request the fence to be black on all four sides, or only the side adjacent to the highway. Commissioner Johnson stated that the product is shown in black as an option. Commissioner Corbett stated that perhaps Xcel has qualified this product in other instances. He noted that perhaps the paint chips off or causes other issues. Commissioner Johnson asked if a preference could be made for black and if Xcel could not use black, the galvanized could move forward. Community Development Director Tim Benetti commented that from a zoning standpoint, he would not have the ability to dictate color but because this request is different from what is typically allowed, the Commission could provide that preference. Acting Chair Lorberbaum asked if foliage could be recommended in front of the fence to lessen the impact. Community Development Director Tim Benetti commented that the purpose and intent of the fence is to prevent people from climbing the fence but also allow visibility for safety and security and therefore covering the fence with foliage would defeat that purpose. Seeing no one further coming forward wishing to speak, Acting Chair Lorberbaum asked for a motion to close the public hearing. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. City Council | Tuesday, November 1, 2022 | Page 30 of 238 PC APPROVED 10/25/2022 August 23, 2022 Mendota Heights Planning Commission Meeting Page 13 of 16 AYES: 6 NAYS: 0 COMMISSIONER JOHNSON MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF THE PROPOSED MRCCA PERMIT REQUEST FROM XCEL ENERGY AND FOR THE PROPERTY LOCATED AT 944 SIBLEY MEMORIAL HIGHWAY, ALONG WITH THE VARIANCE TO INSTALL A NEW TEN FOOT SECURITY FENCE ON THE SUBJECT SITE WITH A COLOR PREFERENCE OF BLACK, BASED ON THE FINDINGS OF FACT SUPPORTING THIS VARIANCE APPLICATION REQUEST AND CONDITIONS NOTED HEREIN. AYES: 6 NAYS: 0 Acting Chair Lorberbaum advised that the City Council would consider this application at its September 6, 2022 meeting. C) PLANNING CASE 2022-20 DICK BJORKLUND, 2511 CONDON COURT – LOT SPLIT Community Development Director Tim Benetti explained that Dick Bjorklund is seeking approval to subdivide a parcel of property generally located near the southwest corner of Condon Court and Mendota Heights Road. The property is officially addressed as 2511 Condon Court. This proposed lot split is actually a division of the lot in order to create two separate parcels for a new twin home development, thus providing a legal dividing (or demising) line between both residential units. This lot split/subdivision request requires City review and approval before any plat or survey can be accepted and recorded by Dakota County. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Commissioner Johnson noted an update to condition two within the findings of fact. Acting Chair Lorberbaum opened the public hearing. Dick Bjorklund, applicant, stated that he began the project in 2015 and provided background information. He stated that he believes a twin home would look better on this lot because of the frontage and the additional space that would be available for greenspace and tree preservation. City Council | Tuesday, November 1, 2022 | Page 31 of 238 PC APPROVED 10/25/2022 August 23, 2022 Mendota Heights Planning Commission Meeting Page 14 of 16 Seeing no one further coming forward wishing to speak, Acting Chair Lorberbaum asked for a motion to close the public hearing. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER TOTH, TO RECOMMEND APPROVE OF THE LOT SPLIT AS SUBMITTED WITH THE FOLLOWING CONDITIONS: 1. APPROVAL OF THIS LOT SPLIT CONFIGURATION IS ONLY FOR THE BENEFIT OF ACCOMMODATING A NEW ATTACHED TWIN HOME DWELLING BETWEEN BOTH PARCELS. THE SPLITTING OF THIS R-2 ZONED LOT DOES NOT PROVIDE ANY ALLOWANCE TO DEVELOP A DETACHED SINGLE-FAMILY DWELLING AND/OR DETACHED TOWNHOME DWELLING ON EACH NEW PARCEL. 2. AS PART OF ANY NEW BUILDING PERMIT APPLICATION FOR THE NEW TWIN HOME DEVELOPMENT, THE APPLICANT AND/OR CONTRACTOR SHALL SUBMIT FULL GRADING AND UTILITY PLANS SUBJECT TO REVIEW AND APPROVAL BY CITY STAFF. 3. PARK DEDICATION FEE OF $4,000 (FOR ONE ADDED RESIDENTIAL UNIT) WILL BE PAID BEFORE THE SUBDIVISION IS ALLOWED TO BE RECORDED WITH DAKOTA COUNTY. 4. THE EXISTING OAK TREES ON THE SITE SHALL BE PRESERVED. AYES: 6 NAYS: 0 Acting Chair Lorberbaum advised that the City Council would consider this application at its September 6, 2022 meeting. D) PLANNING CASE 2022-21 JEFF SIMEK, 1753 SUTTON LANE – PRELIMINARY/FINAL PLAT AND CONDITIONAL USE PERMIT Community Development Director Tim Benetti explained that Jeff Simek is requesting consideration of a preliminary/final plat of three parcels to be titled “B Marie Addition”. As part of this platting, Mr. Simek is also requesting a conditional use permit to construct a new 26’ x 38’ detached garage. The property is located at 1753 Sutton Lane. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. City Council | Tuesday, November 1, 2022 | Page 32 of 238 PC APPROVED 10/25/2022 August 23, 2022 Mendota Heights Planning Commission Meeting Page 15 of 16 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. Acting Chair Lorberbaum asked if the structure would be called a garage or accessory structure. Community Development Director Tim Benetti replied that the terms are interchangeable. Commissioner Petschel asked if a dedication fee would be required for a plat. Community Development Director Tim Benetti replied that in this case, the lots were originally platted in the separate developments and therefore park dedication was already paid by each unit. He stated that this would not create a new lot and would simply be combination of lots. Commissioner Johnson asked if the drainage from the new garage would impact the adjacent home. Community Development Director Tim Benetti replied that there would be a ten-foot side yard setback and the adjacent property would not be impacted. Commissioner Johnson referenced the mention of native grasses and asked for a more detailed explanation. Acting Chair Lorberbaum opened the public hearing. Jeff Simek, applicant, stated that it was always his hope to build a second garage and believes that this setup fits well on the property. He stated that he has spoken with his neighbors to answer any questions. He provided details on the native grasses proposed and other landscaping elements. Commissioner Johnson commented that there are differences between decorative and native grasses and asked that the details be included prior to the City Council meeting. Public Works Director Ryan Ruzek provided details on his conversations with a neighboring property owner that did not oppose the project after finding out more details. Seeing no one further coming forward wishing to speak, Acting Chair Lorberbaum asked for a motion to close the public hearing. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER PETSCHEL TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 City Council | Tuesday, November 1, 2022 | Page 33 of 238 PC APPROVED 10/25/2022 August 23, 2022 Mendota Heights Planning Commission Meeting Page 16 of 16 COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF THE PRELIMINARY/FINAL PLAT OF “B MARIE ADDITION” ALONG WITH THE CONDITIONAL USE PERMIT TO ALLOW THE OVERSIZED GARAGE NOT TO EXCEED 988 SQUARE FEET IN AREA, AND FOR THE PROPERTY LOCATED AT 1753 SUTTON LANE, BASED ON THE FINDINGS OF FACT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE NEW DETACHED GARAGE MUST MATCH THE OVERALL ARCHITECTURE AND DESIGN OF THE EXISTING RESIDENTIAL DWELLING ON THE SUBJECT PROPERTY AND SHALL NOT EXCEED 988 SQUARE FEET IN SIZE (BUILDING AREA). 2. THE PROPOSED DETACHED GARAGE SHALL BE CONSTRUCTED IN COMPLIANCE WITH ALL APPLICABLE CITY CODE STANDARDS NOTED IN SECTION 12-1D-3 ACCESSORY STRUCTURES AND MINNESOTA BUILDING CODE STANDARDS. 3. THE APPLICANT MUST OBTAIN A BUILDING PERMIT PRIOR TO ANY EXCAVATION OR CONSTRUCTION OS SAID GARAGE. 4. ALL GRADING AND CONSTRUCTION ACTIVITIES AS PART OF THE PROPOSED DEVELOPMENT SHALL COMPLY WITH APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS AND CODES, AS WELL AS IN COMPLIANCE WITH THE CITY’S LAND DISTURBANCE GUIDANCE DOCUMENT. 5. THE NATIVE GRASS SPECIES SHALL BE SPECIFIED. AYES: 6 NAYS: 0 Acting Chair Lorberbaum advised that the City Council would consider this application at its September 6, 2022 meeting. New/Unfinished Business Community Development Director Tim Benetti provided an update on projects recently approved by the City Council that had recommendations from the Planning Commission. He also noted the workshop occurring the following night. Adjournment COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER TOTH, TO ADJOURN THE MEETING AT 9:34 P.M. AYES: 6 NAYS: 0 City Council | Tuesday, November 1, 2022 | Page 34 of 238 Request for City Council Action DATE: November 1, 2022 TO: Mayor and City Council FROM: Cheryl Jacobson, City Administrator SUBJECT: City Administrator Performance Evaluation Summary INTRODUCTION Under Minnesota Statutes 13D.05, subd. 3, the City Council may close a meeting to evaluate the performance of the City Administrator and shall summarize its conclusions regarding the evaluation at its next open meeting. BACKGROUND In accordance with the terms of the employment agreement with City Administrator Cheryl Jacobson, the City Council conducted a performance evaluation during a closed meeting held on October 18, 2022. The city council evaluated the City Administrator in the following areas and found that the City Administrator: 1) exceeds performance standards in the completion of essential job functions; 2) greatly exceeds or exceeds performance standards in management core competencies including strategic agility, community vision and purpose, analytical thinking and planning, decision making and impact on results; 3) greatly exceeds or exceeds performance standards in interpersonal core competencies including communication, handling conflict and difficult situations, organizational expertise, working with others and community; and 4) greatly exceeds or exceeds performance standards in the overall performance of the city administrator position. BUDGET IMPACT The City Administrator’s annual salary is a budgeted expense. Effective October 1, 2022 the City Administrator’s new annual rate of pay is $149,563, which is step 6 of pay grade 20 of the city’s compensation plan. ACTION REQUESTED If the City Council concurs, it should, by motion, approve the summary of conclusions of the City Administrator’s performance evaluation for the time period of October 1, 2021 to September 30, 2022. City Council | Tuesday, November 1, 2022 | Page 35 of 238 5e This page intentionally left blank. City Council | Tuesday, November 1, 2022 | Page 36 of 238 DATE: November 1, 2022 TO: Mayor, City Council, and City Administrator FROM: Dave Dreelan, Fire Chief Dale Stein, Fire Department Training Captain SUBJECT: Fire Department Training Assistant Appointment INTRODUCTION The City Council is asked to approve the appointment of Rebecca Johnson to the position of Training Assistant for the Mendota Heights Fire Department. BACKGROUND The Mendota Heights Fire Department Training Assistant works under the direction and supervision of the Training Captain. The position helps to plan, create, organize, evaluate and coordinate fire and emergency medical training for the Department. During an emergency the Training Assistant assumes the duties of a regularly appointed firefighter. The Department has completed the internal recruitment process to fill the position and recommends the appointment of Rebecca Johnson to the position. Rebecca is a valued member of the department and brings a wealth of administrative and educational experience to the position. BUDGET IMPACT The position of Training Assistant within the Fire Department is a budgeted position. The position has an annual stipend amount of $1,738 (2022 rate). ACTION RECOMMENDED Staff recommends that the City Council approve the appointment of Rebecca Johnson to the position of Training Assistant for the Fire Department. ACTION REQUIRED If City Council concurs, it should by motion, approve the appointment of Rebecca Johnson to the position of Training Assistant for the Fire Department. City Council | Tuesday, November 1, 2022 | Page 37 of 238 5f This page intentionally left blank. City Council | Tuesday, November 1, 2022 | Page 38 of 238 Request for City Council Action DATE: November 1, 2022 TO: Mayor, City Council and City Administrator FROM: Meredith Lawrence, Parks and Recreation Manager Matt Colwell, Recreation Program Coordinator SUBJECT: Resolution 2022-81 Accepting Recreation Event Donations INTRODUCTION The City Council is asked to formally accept donations received from Petco—West Saint Paul and Cub Foods—Inver Grove Heights. BACKGROUND By state law, all donations to the City must be accepted by the City Council by means of a resolution. The City hosted its first ever Mendota Heights Dog Day event on October 15. Petco—West Saint Paul graciously donated a gift basket, valued at $115 for the event. On October 22 the City hosted a Trick or Teeing event and Cub Foods—Inver Grove Heights donated thirty pumpkins valued at $210. The City is grateful for the generosity of these donations and a thank you note will be sent to both business owners. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve Resolution 2022-81. ACTION REQUIRED If the Council concurs, it should, by motion adopt RESOLUTION 2022-81, FORMALLY ACKNOWLEDGING THE RECEIPT OF RECREATION EVENT DONATIONS. City Council | Tuesday, November 1, 2022 | Page 39 of 238 5g CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-81 A RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF RECREATION EVENT DONATIONS WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 465.03 “Gifts to Municipalities”; and WHEREAS, the Minnesota State Statute requires a resolution to accept gifts to municipalities; and WHEREAS, the City has previously acknowledged gifts with a resolution; and WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter and wish to acknowledge the civic mindedness of citizens and officially recognize their donations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mendota Heights is accepting the following donations for the City’s Dog Day event on October 15 and Trick or Teeing event on October 22. DONOR DONATION VALUE Petco—West Saint Paul Gift Basket $115 Cub Foods—Inver Grove Heights Pumpkins (Quantity: 30) $210 Adopted by the City Council of the City of Mendota Heights this 1st day of November, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie Levine, Mayor ATTEST: Christine Lusian, City Clerk City Council | Tuesday, November 1, 2022 | Page 40 of 238 Request for City Council Action DATE: November 1, 2022 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: Insurance Renewal BACKGROUND Each year the League of Minnesota Cities Insurance Trust (LMCIT) requires the city to decide if we wish to purchase additional liability coverage and a waiver of monetary limits on claims. The base coverage is $1,500,000 which is the basic statutory limit. In the past, the city has not purchased additional coverage and elected not to waive the statutory tort limits. Our insurance coverage period runs November 1, 2022 to November 1, 2023. BUDGET IMPACT N/A RECOMMENDATION Staff recommends that the Mendota Heights City Council pass a motion to not purchase additional liability coverage and elect not to waive the statutory tort limits. City Council | Tuesday, November 1, 2022 | Page 41 of 238 5h This page intentionally left blank. City Council | Tuesday, November 1, 2022 | Page 42 of 238 Request for City Council Action DATE: November 1, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, Public Works Director SUBJECT: Purchase of Two Radar Speed Limit Feedback Signs INTRODUCTION The Council is asked to approve the purchase of two radar feedback speed limit signs. BACKGROUND The city has installed four radar feedback speed limit signs, two on Marie Avenue and two on 1st Avenue. The Council also recently approved the addition of a fifth sign which will be located on Marie Avenue near Two Rivers High School. The areas where the signs have been installed are major city roadways or high volume cut thru roads in residential districts. All existing signs are located on roadways where centerline striping exists. DISCUSSION Staff has been in discussion with residents on Emerson Avenue which is proposed for rehabilitation in 2024. This project was originally identified for rehabilitation in 2023 but is proposed to be delayed until 2024 due to Saint Paul Regional Water Service identifying a need to replace the watermain as part of the project. Emerson Avenue is a cut thru street for vehicles traversing between Wachtler Avenue to Dodd Road. The typical route is along Emerson Avenue and then either heading south to 1st Avenue or north along Sylvandale Avenue to Ivy Falls Avenue. The city awarded a contract to TKDA to develop a feasibility report for this project. Questionnaires have been mailed to the residents. Staff is proposing to add the radar feedback speed limit signs ahead of the project to assess their effectiveness in traffic calming along this route. The proposed project is also anticipated to add additional traffic calming elements such as bump outs and an on- street or off-street trail. BUDGET Staff received a quote from Traffic Logix for the purchase of these signs which match the existing city owned signs for uniformity. The signs are available on the Sourcewell contract. The signs are $3,185 each. Staff is recommending to purchase the signs from the Streets sign budget which is currently under spent for 2022. The total cost of the two signs is $6,370. The attached quote is for City Council | Tuesday, November 1, 2022 | Page 43 of 238 5i four signs. Staff will be ordering three signs if approved. Two signs being requested from this memo and the third was approved on October 18, 2022 at the Police Departments request. RECOMENDATION Staff recommends that the Mendota Heights City Council approve the purchase of two radar feedback speed limit signs. ACTION REQUIRED If Council concurs with the staff recommendation, they should pass a motion to approve the purchase of two radar feedback speed limit signs for $6,370.00. This action requires a simple majority vote. City Council | Tuesday, November 1, 2022 | Page 44 of 238 Traffic Logix Corporation 3 Harriett Lane Spring Valley, NY 10977 USA Tel: (866) 915-6449 Fax: (844) 405-6449 www.trafficlogix.com Page | 1 Quote Number QUO-24807-W7D2J3 Created Date 9/14/2022 Expiration Date 10/14/2022 Prepared by Jim Entwistle E x p i r a t i o n D a t e : 1 0 / 1 4 / 2 0 2 2 QUOTATION Special Notes Sourcewell pricing including freight: City of Mendota Heights ID#120096 Logix ITS 070821 LOGX Quote Line Items – All Prices shown are in $ US Dollar Product Product Code Quantity Sales Price Total Price Universal Bracket (Full Set) SP1BK2 4.00000 $211.00 $844.00 SP100 English White Large with Solar SP100EWL-SOL 4.00000 $2,974.00 $11,896.00 Totals Subtotal: $12,740.00 Freight: Included in price Sales Tax (if applicable): $0.00 Grand Total: $12,740.00 Terms: 1% - 10 days – Net 30 Payment: MC, VISA, AMEX. Credit card payments over $10K will include an additional 2% fee. Tax: IF TAX EXEMPT, Please Provide Tax Exempt Certificate with Order Freight: Freight quotation is valid for a period of 21 days after it is issued. Beyond that, freight quotations will require confirmation or adjustment. Changes/Returns: 30% for standard orders and 50% on custom orders. Delivery Requirements Please Indicate the availability of the following as this determines the freight costs: 1. Do You have a Loading Dock? - Yes/No Contact: John Boland Phone: (651) 255-1155 Email: jboland@mendotaheightsmn.gov Mendota Heights Police Department, MN Shipping Address: 1101 Victoria Curve Mendota Heights, Minnesota 55118 United States City Council | Tuesday, November 1, 2022 | Page 45 of 238 Traffic Logix Corporation 3 Harriett Lane Spring Valley, NY 10977 USA Tel: (866) 915-6449 Fax: (844) 405-6449 www.trafficlogix.com Page | 2 Quote Number QUO-24807-W7D2J3 Created Date 9/14/2022 Expiration Date 10/14/2022 Prepared by Jim Entwistle E x p i r a t i o n D a t e : 1 0 / 1 4 / 2 0 2 2 2. Do you have a Fork Lift and Pallet Jack to unload? - Yes/No 3. Can access be gained by a 53 foot truck for delivery? - Yes/No 4. Is the delivery address a Construction site? - Yes/No 5. Is the delivery address a Military site? - Yes/No 6. If shipping to Military site, is a U.S. Driver required? - Yes/No Quote Acceptance Information Signature _____________________________________ Name _____________________________________ Title _____________________________________ Date _____________________________________ Thank you for choosing Traffic Logix. Please sign and return to: Please complete to set up new account: https://trafficlogix.com/business-application-form/ jentwistle@trafficlogix.com Jim Entwistle Regional Sales Manager +12177411639 City Council | Tuesday, November 1, 2022 | Page 46 of 238 Request for City Council Action DATE: November 1, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Approving Vacation of Private Watermain Agreement for Mendota Plaza Expansion Second Addition INTRODUCTION The Council is asked to approve the vacation of a private watermain agreement between the Board of Water Commissioners of the City of Saint Paul and Mendota Mall Associates and Mendota Plaza Apartments. BACKGROUND The city of Mendota Heights approved vacating drainage and utility easements on Lot 1, Block 1, Mendota Plaza Expansion Second Addition at their June 7, 2022 meeting. New easements have been dedicated to encompass the revised utility layout on the property. DISCUSSION In addition to the Public Easement held by Mendota Heights for the drainage and utilities, Saint Paul Regional Water Service also held a Private Watermain Agreement. The Board of Water Commissioners for the City of Saint Paul approved to terminate the existing private watermain agreement and entered into a new private watermain agreement. Saint Paul Regional Water Services has sent the attached Private Watermain Agreement to the city of Mendota Heights for approval. The Agreement includes a signatory page to be signed by the Mayor and City Administrator for “Consent to Terminate”. BUDGET IMPACT Mendota Heights City Council is asked to process the Consent to Terminate page of the agreement. There are no costs to the City of Mendota Heights to process this agreement. RECOMMENDATION Staff recommends that Council approve the Mayor and City Administrator to execute the attached Consent to Terminate page of the Private Watermain Agreement. ACTION REQUIRED Staff recommends that the City Council pass a motion authorizing the Mayor and City Administrator to execute the Consent to Terminate the Private Watermain Agreement. This action requires a simple majority vote. 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City Council | Tuesday, November 1, 2022 | Page 92 of 238 Request for City Council Action DATE: November 1, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Final Payment and Acceptance of the Ridge Place Sanitary Sewer and Streambank Repairs INTRODUCTION The Council is asked to approve Resolution 2022-83, to accept the work and approve the final payment for the Ridge Place Sanitary Sewer and Streambank Repairs, Project 201612. BACKGROUND The City Council awarded the contract to Urban Companies at their September 23, 2021, City Council meeting for their low bid of $367,310.00. The contract work for project has been completed, inspected, and approved. The project is ready for final payment. This will start the one-year guarantee period. All required paperwork needed before the final payment can be issued has been submitted. BUDGET IMPACT The Ridge Place Sanitary Sewer and Streambanks repairs are financed by Sewer Utility Funds and Storm Sewer Utility Funds and funding from the American Rescue Plan. The final contract for the work was $407,743.25. City Council approved a change order at their February 2, 2022 meeting to approve additional tree removal and repair of a sanitary sewer connection ($12,923.25). The change order approval memo also identified an average of restoration costs estimated to equal $30,310.00, the final additional restoration costs totaled $27,510.00. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the attached resolution. ACTION REQUIRED If Council concurs with the staff recommendation, they should pass a motion adopting Resolution No. 2022-83, “ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR THE RIDGE PLACE SANITARY SEWER AND STREAMBANK REPAIRS” by simple majority vote. City Council | Tuesday, November 1, 2022 | Page 93 of 238 5k CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2022-83 ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR RIDGE PLACE SANITARY SEWER AND STREAMBANK REPAIRS WHEREAS, pursuant to a written contract with the City of Mendota Heights on September 23, 2021, with Urban Companies of St. Paul, MN, has satisfactorily completed the improvements for the Ridge Place Sanitary Sewer and Streambank Repairs, Project #201612, in accordance with such contract. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract in the amount of $29,507.16, taking the contractor’s receipt in full. Adopted by the City Council of the City of Mendota Heights this 1st day of November, 2022. ATTEST CITY COUNCIL CITY OF MENDOTA HEIGHTS BY____________________________ BY___________________________ Christine Lusian, City Clerk Stephanie Levine, Mayor City Council | Tuesday, November 1, 2022 | Page 94 of 238 Request for City Council Action DATE: November 1, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2022-84 Approving the Re-execution of the Joint Powers Agreement Establishing a Watershed Management Organization for the Lower Mississippi River Watershed INTRODUCTION The Council is asked to approve Resolution 2022-84, authorizing the proper city officials to execute a Joint Powers Agreement for the Lower Mississippi River Watershed Management Organization (LMRWMO). BACKGROUND The Lower Mississippi River Watershed Management Organization was established in 1985 and includes the cities of South Saint Paul, Inver Grove Heights, West Saint Paul, St. Paul, Sunfish Lake, Lilydale, and Mendota Heights. The LMRWMO has been instrumental to the city storm water management regulations, and implementing projects and programs within the city. The LMRWMO assists in improving water quality of the water resources within the city and provides a valuable forum for the member cities to evaluate and resolve drainage issues within the watershed. DISCUSSION The re-execution of the JPA is due to the expiration of the current JPA, which forms the organization and expires on December 31, 2022. The original JPA and amendments from the past 20+ years were digitized from copies and combined by the LMRWMO legal counsel to create this document. The LMRWMO then made some minor clarifying language changes and provided all member Cities the ability to comment on those and to make their own changes. There are not significant changes to the structure or operational duties of the LRMWMO proposed in this JPA from the previous/existing one. BUDGET IMPACT Member dues are calculated based off of a percentage of the total land value and total area the member city has within the watershed district area. Mendota Heights has the second largest land value and the second largest acreage within the district. The annual dues to the Lower Mississippi Watershed Management Organization from Mendota Heights is $23,178.34 for 2023. City Council | Tuesday, November 1, 2022 | Page 95 of 238 5l Inver Grove Heights has the highest annual dues at $55,746.14 and Lilydale has the lowest at $2,001.49. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve Resolution 2022-84 as attached. ACTION REQUIRED If Council concurs with the staff recommendation, they should pass a motion adopting Resolution No. 2022-84, “APPROVING THE RE-EXECUTION OF THE JOINT POWERS AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT ORGANIZATION FOR THE LOWER MISSISSIPPI RIVER WATERSHED” by simple majority vote. City Council | Tuesday, November 1, 2022 | Page 96 of 238 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2022-84 APPROVING THE RE-EXECUTION OF THE JOINT POWERS AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT ORGANIZATION FOR THE LOWER MISSISSIPPI RIVER WATERSHED WHEREAS, in 1985 the City of Mendota Heights entered into a joint powers agreement (JPA) with the Cities of South Saint Paul, Inver Grove Heights, West Saint Paul, St. Paul, Sunfish Lake and Lilydale establishing the Lower Mississippi River Watershed Management Organization; and WHEREAS, the Lower Mississippi River Watershed Management Organization implements projects and programs in partnership with its member Cities, including Mendota Heights, to improve the water quality of the water resources within its boundary and provides a valuable forum for the member cities to evaluate and resolve drainage issues within the watershed; and WHEREAS, a Revised and Restated JPA was entered into by the Cities in 2001, which expired on December 31, 2011: and WHEREAS, an amendment to the revised and Restated JPA was approved by the Cities in 2011 which extended the term thereof to January 1, 2013; and WHEREAS, a second amendment to the Revised and Restated JPA was approved by the Cities in 2011, which extended the term thereof to January 1, 2023; and WHEREAS, a third amendment to the Revised and Restated JPA was approved by the Cities in 2014, which added additional land area within Mendota Heights to the Lower Mississippi River Watershed Management Organization; and WHEREAS, the current JPA is set to expire on January 1, 2023 and requires re- execution; and WHEREAS, the Lower Mississippi River Watershed Management Organization has combined and digitized the original JPA and amendments, clarified language with minor edits, and propose no changes to the current structure of the organization; and WHEREAS, the City representatives and legal councils of the seven Cities have reviewed and approved the proposed JPA; and WHEREAS, the City has been presented with the re-execution of the Joint Powers Agreement Establishing a Watershed Management Organization for the Lower Mississippi River Watershed; and City Council | Tuesday, November 1, 2022 | Page 97 of 238 NOW THEREFORE, BE IT RESOLVED, that the Council of the City of Mendota Heights hereby approves the aforesaid re-execution of the JPA and authorizes the proper City officials to execute, on behalf of the City of Mendota Heights, the “Joint Powers Agreement Establishing the Lower Mississippi River Watershed Management Organization”. Adopted by the City Council of the City of Mendota Heights this 1st day of November, 2022. ATTEST CITY COUNCIL CITY OF MENDOTA HEIGHTS BY____________________________ BY___________________________ Christine Lusian, City Clerk Stephanie Levine, Mayor City Council | Tuesday, November 1, 2022 | Page 98 of 238 1 221536v7 JOINT POWERS AGREEMENT ESTABLISHING THE LOWER MISSISSIPPI RIVER WATERSHED MANAGEMENT ORGANIZATION THE PARTIES TO THIS AGREEMENT ("Agreement") are Members of the Lower Mississippi River Watershed Management Organization and have land that drain surface water into the Mississippi River. This Agreement combines and replaces the following documents in their entirety: (i) the original Joint Powers Agreement that established a Watershed Management Organization for the Lower Mississippi River which became effective in 1985; (ii) the Revised and Restated Joint Powers Agreement executed by Member Cities in 2003; (iii) the Amendment to the Revised and Restated Joint Powers Agreement which was executed in 2011; (iv) the Second Amendment to the Revised and Restated Joint Powers Agreement which was executed in 2013; and (iv) the Third Amendment to the Revised and Restated Joint Powers Agreement that was executed in 2014. This Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat. §§ 471.59 and 103B.201 - 103B.252. SECTION 1. NAME AND LEGAL BOUNDARY. The parties hereby establish the Lower Mississippi River Watershed Management Organization, hereinafter referred to as the "WMO." The "Revised Legal Boundary Map of the Lower Mississippi River Watershed Management Organization" is attached hereto as Exhibit “A”. SECTION 2. PURPOSE. The purpose of this Agreement is to provide an organization to regulate the natural water storage and retention of the Lower Mississippi watershed to: A. Protect, preserve, and use natural surface and ground water storage and retention systems; B. Minimize public capital expenditures needed to correct flooding and water quality problems; City Council | Tuesday, November 1, 2022 | Page 99 of 238 2 221536v7 C. Identify and plan for means to effectively protect and improve surface and ground water quality; D. Establish more uniform local policies and official controls for surface and ground water management; E. Prevent erosion of soil into surface water systems; F. Promote ground water recharge; G. Protect and enhance fish and wildlife habitat and water recreational facilities; H. Secure the other benefits associated with the proper management of surface and ground water; and I. Carry out all the duties and responsibilities in Minn. Stat. §§ 471.59 and 103B.201 - 103B.252. SECTION 3. DEFINITIONS. "Allowable Flow" means the rate and volume of flow, according to the design criteria set forth in this Agreement and the Watershed Management Plan, at which a Member community may discharge into the drainage system without financial obligation and at the rate and volume of surface water runoff from a tributary area under natural conditions, with a drainage system in place which has been designed and constructed according to the criteria stated herein, excluding diverted waters. Current topographic data that exists on the enactment date of this Agreement shall be used for the determination of the natural conditions and calculation of the allowable flow. "Board" means the Board of Managers of the WMO. "Council" means the governing body of a governmental unit which is a Member of this WMO. "Drainage Facilities" means any improvement constructed for the conveyance or storage of surface water. City Council | Tuesday, November 1, 2022 | Page 100 of 238 3 221536v7 "Drainage System" means the combination of drainage facilities required to safely control or convey runoff water from a major tributary drainage area(s) to a point of final discharge into a water body. "Excessive Flow" means that rate and volume of flow, calculated according to the design criteria in the Watershed Management Plan, from a Member which is in excess of the allowable flow of that Member. "Governmental Unit" means any city. "Lower Mississippi River Watershed" or "Watershed" means the area contained within the "Legal Boundary Map of the Lower Mississippi River Water Management Organization" attached hereto as Exhibit "A". "Manager" means the representative appointed to the Board by a Member. “Manager-Alternate or Alternate Manager” means a person appointed to the Board by a Member to serve as a representative in the absence of the Manager. "Member" means a governmental unit which enters into this Agreement. "Natural Conditions" means the characteristics of the land on the date of enactment without regard to any urban development including structures, parking lots, or other artificial improvements. "Rate of Flow" means the discharge of surface water runoff as a function of time which has been calculated according the design criteria identified in the Watershed Management Plan. The rate of flow shall apply to the design and construction of open channels and storm sewer conduits. City Council | Tuesday, November 1, 2022 | Page 101 of 238 4 221536v7 "Volume of Flow" means the total discharge of all surface water runoff which has been calculated according to the design criteria identified in the Watershed Management Plan. The volume of runoff flow shall apply to the design and construction of detention facilities. "Watershed Management Organization" or "WMO" means the organization created by this Agreement the full name of which is "Lower Mississippi River Watershed Management Organization." It shall be a public agency of its Members. "Watershed Management Plan" or "Watershed Plan" means the current adopted 10 year Comprehensive Watershed Management Plan including any subsequent amendments created by and approved by the Board of Managers meeting the requirements of Minn. Stat. § 103B.231. SECTION 4. MEMBERSHIP AND WEIGHTED VOTING. The Membership of the WMO shall consist of the following governmental units, with each entitled to the following number of eligible weighted votes: Member Votes City of Inver Grove Heights 3 votes City of Lilydale 1 vote City of Mendota Heights 2 votes City of Saint Paul 2 votes City of South Saint Paul 2 votes City of Sunfish Lake 1 vote City of West Saint Paul 2 votes No change in governmental boundaries, structure, organizational status, or character shall affect the eligibility of any governmental unit listed above to be represented on the WMO, so long as such governmental unit continues to exist as a separate political subdivision. A majority of all eligible votes shall be sufficient for all matters, unless otherwise provided for in this Agreement. A majority vote of all Members, with each Member having one vote, shall be required for Section 7. A Member may not cast a split vote. Any Member that fails to contribute City Council | Tuesday, November 1, 2022 | Page 102 of 238 5 221536v7 their share of the WMO annual administration fund or their allocation of a capital improvement cost, shall be declared ineligible for voting on all matters before the Board, until such contribution is made to the WMO. SECTION 5. ADVISORS. A. Technical Advisory Committee. The following governmental subdivisions or agencies shall be requested to appoint a non-voting advisory Member to the WMO: Member Cities, Dakota County, Ramsey County, and Dakota County Soil and Water Conservation District. The advisory Members shall not be required to contribute funds for the operation of the WMO, except as provided in Minn. Stat. § 103B.231, but may provide technical services. B. Citizen Advisory Committee. The WMO may establish a citizen advisory committee ("CAC") from the public at large to provide input on Watershed Management Plan revisions and other matters as deemed appropriate. The CAC shall be appointed by the WMO considering individuals nominated by each Member. The WMO will notify each Member of its intent to establish a CAC, will specify the purpose and duration of the CAC and, will request each Member to nominate candidates to be considered for appointment by the WMO. At the time of establishment of a CAC, the WMO will appoint a chair of the CAC, a board member liaison to the CAC, establish a time for submittal of any comments, and specify the support the WMO will provide to the CAC. C. Other Advisors. Each Member City may designate a non-voting staff advisory member to the WMO Board. The Dakota County Soil and Water Conservation District (SWCD) shall designate a non-voting staff advisory member to the WMO Board. City Council | Tuesday, November 1, 2022 | Page 103 of 238 6 221536v7 SECTION 6. BOARD OF MANAGERS. A. Appointment. The governing body of the WMO shall be its Board. Each Member shall be entitled to appoint one Manager and an Alternate Manager on the Board, consistent with the provisions of Minn. Stat. § 103B.227. The Alternate Manager shall have the right to vote in the absence of their Manager representative. Vacancies in the office of Manager or Alternate Manager shall be filled for the remainder of the term by the Member which appointed or had the right to appoint the Manager. Manager vacancies shall be filled within ninety (90) days after they occur. B. Eligibility or Qualification. The Council of each Member shall determine the eligibility or qualification of its representative on the WMO. C. Term. The Managers shall not have a fixed term, but shall serve at the pleasure of the Member appointing such Manager to the Board. D. Compensation. Managers shall serve without compensation from the WMO, but this shall not prevent a Member from providing compensation for its Manager. E. Organizational Meeting. At the first meeting of the Board each year, the Board shall elect from its Managers a chair, a vice chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. The Board shall adopt rules of order and procedures governing its meetings and affairs as it deems appropriate. The rules of order and procedures may be amended from time to time at either a regular or a special meeting of the Board provided that at least ten (10) days' prior notice of the proposed amendment has been furnished to each person to whom notice of the Board meetings is required to be sent. A majority vote of all eligible votes of the Members of the WMO shall be sufficient to adopt any proposed amendment to such rules of order and procedure. City Council | Tuesday, November 1, 2022 | Page 104 of 238 7 221536v7 F. Annual Meeting Requirement. The Board shall meet at least annually, at times and places selected by the Board. If the Board changes its regularly established meeting place or time, it shall place a notice of the change on a bulletin board at least three (3) days in advance in the building where it was scheduled to meet. G. Committees. The Board may establish committees as it deems appropriate. H. Action. Unless otherwise specified in this Agreement, action by the Board shall require a majority vote of the Managers present with a minimum of four (4) Managers representing a quorum to take action and conduct business. SECTION 7. POWERS AND DUTIES OF THE WMO. The WMO, acting by its Board: A. Shall prepare, adopt, and implement a Watershed Management Plan meeting the requirements of Minn. Stat. § 103B.231. B. Shall review and approve local water management plans as provided in Minn. Stat. § 103B.235. C. Shall exercise the authority of a watershed district under Minn. Stat. Chapter 103D to regulate the use and development of land in the watershed when one or more of the following conditions exist: 1. The local government unit exercising planning and zoning authority over the land under Minn. Stat. §§ 366.10 to 366.19, 394.21 to 394.37, or 462.351 to 462.364 does not have a local water management plan approved and adopted in accordance with requirements of Minn. Stat. § 103B.235 or has not adopted the implementation program described in the plan. 2. An application to the local government unit for a permit for the use and development of land, requires an amendment to, or variance from, the adopted local water management plan or implementation program of the local unit. City Council | Tuesday, November 1, 2022 | Page 105 of 238 8 221536v7 3. The local government unit has authorized the WMO to require permits for the use and development of land. D. Shall adopt an annual work plan. E. May employ such persons as it deems necessary to accomplish its duties and powers. F. May contract for space and for material and supplies to carry on its activities either with a Member or elsewhere. G. May acquire necessary personal and real property to carry out its powers and its duties. H. May make necessary surveys or use other reliable surveys and data, and develop projects to accomplish the purposes for which the WMO is organized. I. May cooperate or contract with the State of Minnesota or any subdivision thereof or federal agency or private or public organization to accomplish the purposes for which it is organized. J. May order any governmental unit to carry out the local water management plan which has been approved by the Board, or if the local unit of government fails to do so, in addition to other remedies, in its discretion, the Board may implement any required action or improvement in accordance with this Agreement. K. May acquire, operate, construct, and maintain the capital improvements delineated in the Watershed Management Plan adopted by the Board. L. May contract for or purchase such insurance as the Board deems necessary for the protection of the WMO and its Board. M. May establish and maintain devices for acquiring and recording hydrological and water quality data within the watershed area of the WMO. City Council | Tuesday, November 1, 2022 | Page 106 of 238 9 221536v7 N. May enter upon private lands within or outside and adjacent to the legal boundary of the watershed with the consent of the landowner to make surveys and investigations to accomplish the purposes of the WMO. O. May provide any Member with technical data or any other information of which the WMO has knowledge which will assist the Member in preparing land use classifications or local water management plans within the WMO, or in other water resources related to the functions of the WMO. P. May provide legal and technical assistance in connection with litigation or other proceedings between one or more of its Members and any other political subdivision, commission, board, corporation, individual, or agency relating to the planning or construction of facilities to drain or pond storm waters or relating to the powers and duties of the WMO. Q. May accumulate reserve funds for the purposes herein mentioned and may invest funds of the WMO not currently needed for its operations. R. May collect money, in accordance with the provisions of this Agreement, from its Members and from any other source approved by the Board. S. May make contracts, incur expenses, and make expenditures necessary and incidental to the effectuation of its purposes and powers. T. Shall cause to be made an annual audit of the books and accounts of the WMO and shall make and file a report to its Members at least once each year including the following information: 1. The financial condition of the WMO; 2. The status of all WMO projects and work within the watershed; and 3. The business transacted by the WMO and other matters which affect the interests of the WMO. Copies of the report shall be transmitted to each Member by June 30 of each year. City Council | Tuesday, November 1, 2022 | Page 107 of 238 10 221536v7 U. Shall make the WMO's books, reports, and records available for and open to inspection by its Members or the public at all reasonable times. V. May recommend changes in this Agreement to its Members. Any amendments shall require ratification by all parties to this Agreement. W. May exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein and as authorized by Minn. Stat. §§ 103B.201 through 103B.252. X. Must solicit proposals for all legal, engineering, auditing, and other technical services in accordance with Minn. Stat. § 103B.227, subd. 5. Y. Shall coordinate its planning activities with contiguous watershed management organizations and counties conducting water planning and implementation under Minn. Stat. Chapter 103B. Z. Shall designate one or more legal newspapers of general circulation which are published in the county(ies) in which the watershed is located. SECTION 8. POWERS AND DUTIES OF THE OFFICERS OF THE BOARD. A. It shall be the duty of the Chair of the Board to: 1. Attend and preside at all meetings of the Board; 2. Assist in the preparation of meeting agendas and the annual work plan; 3. See that orders and resolutions of the Board are carried into effect; 4. Sign and execute documents as may be required for the Board's exercise of its powers, except as otherwise required by law; and 5. Perform such other duties applicable to the office as are necessary to fulfill the powers and duties of the Board as set forth in this Agreement, and as provided by law. B. It shall be the duty of the Vice Chair of the Board to: 1. Perform the duties of the Chair in the Chair's absence; and City Council | Tuesday, November 1, 2022 | Page 108 of 238 11 221536v7 2. Perform other duties as assigned from time to time by the Board. C. It shall be the duty of the Secretary/Treasurer of the Board to: 1. Keep and post a true and accurate record of the proceedings of all meetings of the Board; 2. Keep a record of all amendments, alterations and additions to this Agreement; 3. Prepare and process all correspondence; 4. Prepare and file all reports and statements as required by law and this Agreement; 5. Keep all financial accounts of the WMO, and prepare and present to the Board full and detailed financial statements of the WMO prior to its annual meeting; and 6. Perform other duties as assigned from time to time by the Board. The Board may delegate powers and duties of the Officers to WMO staff as necessary to accomplish the work of the WMO. SECTION 9. CONSTRUCTION OF IMPROVEMENTS. A. Capital Improvement Projects. All construction, reconstruction, extension, or maintenance of WMO improvements, including outlets, lift stations, dams, reservoirs, or appurtenances of a surface water or storm sewer system ordered by the WMO which involve potential construction by and assessment against any Member or against privately or publicly owned land within the watershed shall adhere to the following procedures set forth in this section. The Board shall secure from its engineers or some other competent person a preliminary report advising it whether the proposed improvement is feasible, whether there are feasible alternatives, whether the proposed improvement shall best be made as proposed or in conjunction with some other improvement, a determination of the quantity and/or quality of storm and surface water contributed to the improvement by each Member, the estimated cost of the improvement(s), including maintenance, the estimated cost to each Member, and evaluating the consistency of the improvement with the Watershed Management Plan capital improvement section. The Board shall then hold a public hearing on the proposed improvement. Notice of the City Council | Tuesday, November 1, 2022 | Page 109 of 238 12 221536v7 hearing shall be mailed to the clerk of each affected Member and shall also be published in the Board's official newspaper(s). The notice shall be mailed not less than forty-five (45) days before the hearing, shall state the time and place of the hearing, the general nature of the improvement, the estimated total cost, and the estimated cost to each Member. To order the improvement, a resolution setting forth the order shall require a favorable majority vote of all eligible votes of the Members of the WMO. The order shall describe the improvement, shall allocate in percentages the cost allocation among the Members, shall determine the method of financing, shall designate the engineers to prepare plans and specifications, and shall designate the entity that will contract for the improvement. The Board shall not order and no engineer shall prepare plans and specification before the Board has adopted a resolution ordering the improvement. After the Board has ordered an improvement, it shall forward the preliminary report to all affected Members with an estimated time schedule for the construction of the improvement. The Board shall allow not less than 90 days, nor more than 270 days, for each Member to conduct hearings as provided by law or applicable charter requirements, to approve the construction and the method of financing of the improvement which the Member will use to pay its proportionate share of the costs of the improvement. If the WMO proposes to use Dakota County's and/or Ramsey County's bonding authority, or if the WMO proposes to certify all or any part of an improvement to Dakota and/or Ramsey County for payment, then and in that event all proceedings shall be carried out in accordance with Minn. Stat. § 103B.251. The Board may order advertising for bids upon receipt of notice from each Member which will be assessed that it has completed its hearing or determined its method of City Council | Tuesday, November 1, 2022 | Page 110 of 238 13 221536v7 payment, or upon expiration of 270 days after the mailing of the preliminary report to the Members, whichever occurs first. B. Appeal. Any Member aggrieved by the determination of the Board as to the financing of an improvement or allocation of the costs of an improvement shall have thirty (30) days after the WMO resolution ordering the improvement to appeal the determination to arbitration. The appeal shall be in writing requesting the arbitration and shall be addressed to the Board in c/o City of South St. Paul, 125 3rd Ave. N., South St. Paul, MN 55075. The determination of the Member's appeal shall be referred to a Board of Arbitration. The Board of Arbitration shall consist of three (3) persons: one to be appointed by the Board, one to be appointed by the appealing Member, and the third to be appointed by the two so selected. In the event the two persons so selected do not appoint the third person within fifteen (15) days after their appointment, then the chief judge of the District Court of Dakota County shall have jurisdiction to appoint, upon application of either or both of the two earlier selected, the third person to the Board of Arbitration. The third person selected shall not be a resident of any Member and if appointed by the chief judge, shall be a person knowledgeable in the subject matter of the dispute. The arbitrators' expenses and fees, together with the other expenses, not including counsel fees, incurred in the conduct of the arbitration shall be divided equally between the WMO and the appealing Member. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Minn. Stat. Chapter 572. Arbitration must be completed within the 270 day period provided for in paragraph A of this Section. C. Contracts for Improvements. The bidding and contracting of the work may be let by any Member or by the WMO as determined by the Board, in compliance with state statutes. Contracts and bidding procedures shall comply with all legal requirements. City Council | Tuesday, November 1, 2022 | Page 111 of 238 14 221536v7 D. Supervision. All improvement contracts shall be supervised by the entity awarding the contract. A WMO representative shall also be authorized to observe and review the work in progress and the Members agree to cooperate with the WMO representative in accomplishing the WMO's purposes. Representatives of the WMO shall have the right to enter upon the place or places where the improvement work is in progress for the purpose of making reasonable tests and inspections. The WMO representative shall report to the Board on the progress of the work. E. Land Acquisition. The WMO shall not have the power of eminent domain. All easements or interest in land which are necessary for an improvement will be negotiated or condemned in accordance with Minn. Stat. Chapter 117 by the Member where the land is located, and each Member agrees to acquire the necessary easement or right-of-way or partial or complete interest in land upon order of the Board to accomplish the purposes of this Agreement. All reasonable costs of the acquisition, including attorney's and appraiser's fees, shall be a cost of the improvement, and shall be allocated according to the formula for allocating Capital Improvement cost in Section 10, paragraph G. If a Member determines it is in its best interest to acquire additional rights in lands for some other purposes, in conjunction with the taking of lands for the improvement, the costs of the acquisition of additional rights in lands will not be included in the improvement costs. The Board, in determining the amount of the improvement costs to be assessed to each Member, may take into consideration the land use for which the additional lands are being acquired and may credit the acquiring Member for the land acquisition to the extent that it benefits the other Members. Any credits may be applied to the cost allocation of the improvement, or the Board, if feasible and necessary, may defer the credits to a future improvement. City Council | Tuesday, November 1, 2022 | Page 112 of 238 15 221536v7 Members may not condemn or negotiate for land acquisition to pond or drain storm and surface waters within the corporate boundaries of another Member within the WMO. SECTION 10. FINANCES. A. Disbursements. The WMO funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board shall designate one or more national or state bank or trust companies authorized to receive deposits of public monies to act as depositories for the WMO funds. In no event shall there be a disbursement of WMO funds without approval by the Board and the signature of at least two (2) Board Members, one of whom shall be an officer. The Board may require the secretary/treasurer to file with the Board a bond in the sum of at least $10,000 or such higher amount as shall be determined by the Board. The WMO shall pay the premium on said bond. B. Budget. On or before July 1 of each year, the Board shall adopt a general fund budget ("Budget") by a majority vote of all Members (with each Member having one vote) for the ensuing year and decide upon the total amount necessary for the general fund. The secretary/treasurer of the Board shall certify the Budget to the clerk of each Member, together with a statement of the proportion of the Budget to be provided by each Member, computed in accordance with Section 10, paragraph E. The council of each Member shall review the Budget, and the Board shall upon notice from any Member received prior to August 1, hear objections to the Budget, and may, upon notice to all Members of the time, date, place of and right to participate in the hearing and after a hearing, modify or amend the Budget, and then give notice to the Members of any and all modifications or amendments. Each Member agrees to provide the funds required by the Budget by February 15 of each year. City Council | Tuesday, November 1, 2022 | Page 113 of 238 16 221536v7 If a Member fails to provide its share of the funds required by the Budget by February 15 of each year, the unpaid balance of the funds shall accrue interest at a rate of eight percent (8%) per annum commencing the day following February 15 of the year in which the funds were due. The WMO may take whatever action, at law or in equity, it deems appropriate to collect any amounts due from a Member under this Agreement. The Member agrees to pay the cost of collection. C. Maintenance. The Board shall have the option of funding maintenance work through the Budget, or funding as a capital improvement in accordance with paragraph F of this Section. Maintenance costs that are associated with an improvement in the approved Capital Improvement Program shall be allocated according to the same formula as is applicable for allocating capital improvement costs as identified in Section 10, paragraph G. The Members affected by the improvement shall decide on the level of maintenance to be applied to the improvement. If the Members cannot agree, the Board shall make the determination. D. Tax Levy. If authorized by law, the WMO may levy a tax. The proceeds of any tax levied under this paragraph shall be expended only for the purposes authorized by law. The WMO may accumulate the proceeds of levies as an alternative to issuing bonds to finance improvements. E. General Fund. Each Member agrees to contribute each year to a general fund to be used for general administration purposes including, but not limited to: improvement projects, salaries, rent, supplies, development of an overall plan, insurance, bonds, and to purchase and maintain devices to measure hydrological and water quality data. The funds may also be used for any other purpose authorized by this Agreement. The annual contribution by City Council | Tuesday, November 1, 2022 | Page 114 of 238 17 221536v7 each Member shall be based fifty percent (50%) on taxable market value (for the preceding year) and fifty percent (50%) on area in accordance with the following formula: Annual Watershed Levy = L Taxable Market Value of a Member's Property in the Watershed = MV Taxable Market Value of All Property in the Watershed = TV Acres of Property a Member Has in the Watershed = A Total Acres in Watershed = TA Member Required Contribution = C ½ L x MV + ½ L x A = C TV TA F. Capital Improvement. 1. All capital improvements ordered by the Board must be included in the WMO's adopted capital improvement program. An improvement fund shall be established for each improvement ordered by the WMO. If ordered by the Board, each Member agrees to contribute to the funds its proportionate share of the engineering, legal, and administrative costs as determined by the amount to be assessed against each Member as a cost of the improvement. The Board shall submit in writing a statement to each Member, setting forth in detail the expenses incurred by the WMO for each improvement. Each Member further agrees to pay its proportionate share of the cost of the improvement in accordance with the determination of the Board, under Section 10, paragraph G, H, or I. The Board or the Member awarding the contract shall submit in writing copies of the engineer's certificate authorizing payment during construction and the Member being billed agrees to pay its share of the costs within thirty (30) days after receipt of the statement. The Board may also require payment from Members before awarding a contract based upon an engineer's estimate of cost. Billings will then be adjusted when actual costs are known. The Board or the Member awarding the contract shall advise other contributing Members of the tentative time schedule of the work and the estimated times when the contributions shall be necessary. City Council | Tuesday, November 1, 2022 | Page 115 of 238 18 221536v7 2. Notwithstanding the provisions of paragraph F(1) above, of the Capital Improvements, the WMO may also fund all or any part of the cost of a capital improvement contained in the capital improvement program of the plan in accordance with Minn. Stat. § 103B.251. The WMO and Dakota County and/or Ramsey County may establish a maintenance fund to be used for normal and routine maintenance of an improvement constructed in whole or in part with money provided by Dakota and/or Ramsey County pursuant to Minn. Stat. § 103B.251. The levy and collection of an ad valorem tax levy for maintenance shall be by Dakota and/or Ramsey County based upon a tax levy resolution adopted by the WMO and remitted to the county(ies) on or before October 1 of each year. If it is determined to levy for maintenance, the WMO shall be required to follow the hearing process established by Minn. Stat. § 103D.921. Mailed notice shall also be sent to the clerk of each Member at least thirty (30) days prior to the hearing. 3. The WMO may also fund all or any part of the cost of a capital improvement contained in the capital improvement program of the plan in accordance with Minn. Stat. § 103B.241. G. Capital Cost Allocation of Improvements in the Board's Watershed Management Plan. All capital improvement costs of improvements designated in the WMO's adopted watershed management plan for construction by the WMO pursuant to Section 10, paragraph F(1) of this Agreement shall be apportioned by the following methods or a combination of these methods: 1. For improvements related to water quantity: a. A Member shall be responsible for the costs of construction of that portion of a drainage system that is located within its borders and that is necessary to accommodate its Allowable Flow and the Allowable Flow of all other tributary Members. b. A Member shall also be responsible for its share of construction costs of a drainage system, whether or not that system is located within its borders that is necessary to convey Excessive Flows originating within the Member's borders. c. Increased costs of construction incurred for acquisition of lands, easements and rights of way within natural watercourses shall be the obligation of the Member in City Council | Tuesday, November 1, 2022 | Page 116 of 238 19 221536v7 which the land lies and shall not be apportioned to other Members to the extent that such costs exceed costs which would have been incurred if there had been no improvement on such lands, easements, or rights of way. d. Costs of construction shall include all costs associated with a WMO approved improvement (whether trunk sewer or natural conveyance) and whether or not actually constructed, including, but not limited to, costs for design, administration, construction supervision, legal fees, acquisition of lands and improvements and actual construction and maintenance costs. e. The WMO shall consider any grant money received or to be received by a Member for sanitary sewer/storm sewer separation or for the construction, reconstruction or replacement of storm sewer facilities before making cost allocations among Members and may consider the application of any grant proceeds toward the cost of the improvement before allocating costs between or among the Members involved, provided that such allocation would not violate the terms and conditions of the grant. f. For water quantity projects and maintenance, the cost sharing will be based on the cost allocation methods in the attached Exhibit “B” incorporated by reference and serving as a compilation of general examples of cost allocations under this Agreement for hypothetical circumstances stated in the examples. g. Members may enter into individual joint powers agreements with one another for mutually agreed upon cost allocations for water quantity projects and maintenance as an alternative to those outlined in Exhibit “B”. 2. For improvements related to water quality: a. For water quality projects and maintenance, the cost sharing will be based on the cost allocation methods in the attached Exhibit “C” incorporated by reference. b. Members may enter into individual joint powers agreements with one another for mutually agreed upon cost allocations for water quality projects and maintenance as an alternative to those outlined in Exhibit “C”. c. Other cost sharing method approved by the Board. d. Pursuant to Minn. Stat. § 103B.251. H. Capital Cost Allocation of Improvements Delineated in Local Watershed Management Plans. All capital improvement costs incurred by the WMO for City Council | Tuesday, November 1, 2022 | Page 117 of 238 20 221536v7 improvements delineated in local watershed management plans that benefit only that Member, which the WMO undertakes because the Member fails to do so, shall be apportioned entirely to that Member. I. Other Cost Allocations. Members may enter into individual joint powers agreements with one another for mutually agreed upon cost allocations for capital improvement projects as an alternative to using the methods outlined in this agreement. SECTION 11. SPECIAL ASSESSMENTS. The WMO shall not have the power to levy special assessments. All such assessments shall be levied by the Member within which the land is located. SECTION 12. DURATION. This Agreement may be terminated by the written agreement of a majority of the Members or pursuant to Minn. Stat. § 103B.221. SECTION 13. DISSOLUTION. Upon dissolution of the WMO or termination of this Agreement, all property of the WMO shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the Members. Such distribution of WMO assets shall be made in proportion to the total contribution to the WMO required by the last annual Budget. SECTION 14. EFFECTIVE DATE. This Agreement shall be in full force and effect when all seven (7) Members file a certified copy of a resolution approving this Agreement and have executed this Agreement and filed the executed Agreement with the Board. All Members need not sign the same copy. SECTION 15. COUNTERPARTS. The parties may sign this Agreement in counterparts, each of which constitutes an original but all of which together constitute one instrument. City Council | Tuesday, November 1, 2022 | Page 118 of 238 21 221536v7 SECTION 16. ELECTRONIC SIGNATURES. The parties agree that the electronic signature of a party to this Agreement be valid as an original signature of such party and shall be effective to bind such party to this Agreement. The parties further agree that any document (including this Agreement and any attachments or exhibits to this Agreement) containing, or to which there is affixed, an electronic signature shall be deemed (i) to be “written” or “in writing,” (ii) to have been signed, and (iii) to constitute a record established and maintained in the ordinary course of business and an original written when printed from electronic files. For purposes hereof, “electronic signature” also means a manually signed original signature that is then transmitted by any electronic means, including without limitation a faxed version of an original signature or an electronically scanned and transmitted version (e.g. via PDF) of an original signature. Any party’s failure to produce the original signature of any electronically transmitted signature shall not affect the enforceability of this Agreement. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minn. Stat. § 471.59. Remainder of page intentionally left blank. Signature pages follow. City Council | Tuesday, November 1, 2022 | Page 119 of 238 22 221536v7 Approved by the City Council CITY OF INVER GROVE HEIGHTS __________________, 20____. By: _______________________________ Attest: _____________________________ City Council | Tuesday, November 1, 2022 | Page 120 of 238 23 221536v7 Approved by the City Council CITY OF LILYDALE __________________, 20____. By: _______________________________ Attest: _____________________________ City Council | Tuesday, November 1, 2022 | Page 121 of 238 24 221536v7 Approved by the City Council CITY OF MENDOTA HEIGHTS __________________, 20____. By: ________________________________ Attest: _____________________________ City Council | Tuesday, November 1, 2022 | Page 122 of 238 25 221536v7 Approved by the City Council CITY OF ST. PAUL ____________________, 20____. By: ______________________________ Attest: _____________________________ By: ______________________________ Attest: _____________________________ By: ______________________________ Attest: _____________________________ Approved as to Form: By: Assistant City Attorney City Council | Tuesday, November 1, 2022 | Page 123 of 238 26 221536v7 Approved by the City Council CITY OF SOUTH ST. PAUL ____________________, 20____. By: _______________________________ Attest: _____________________________ City Council | Tuesday, November 1, 2022 | Page 124 of 238 27 221536v7 Approved by the City Council CITY OF SUNFISH LAKE ____________________, 20____. By: ________________________________ Attest: _____________________________ City Council | Tuesday, November 1, 2022 | Page 125 of 238 28 221536v7 Approved by the City Council CITY OF WEST ST. PAUL ____________________, 20____. By: ________________________________ Its Mayor By: ________________________________ Its City Manager City Council | Tuesday, November 1, 2022 | Page 126 of 238 29 221536v7 EXHIBIT “A” JOINT POWERS AGREEMENT City Council | Tuesday, November 1, 2022 | Page 127 of 238 30 221536v7 EXHIBIT “B” JOINT POWERS AGREEMENT City Council | Tuesday, November 1, 2022 | Page 128 of 238 31 221536v7 City Council | Tuesday, November 1, 2022 | Page 129 of 238 32 221536v7 City Council | Tuesday, November 1, 2022 | Page 130 of 238 33 221536v7 City Council | Tuesday, November 1, 2022 | Page 131 of 238 34 221536v7 City Council | Tuesday, November 1, 2022 | Page 132 of 238 35 221536v7 City Council | Tuesday, November 1, 2022 | Page 133 of 238 36 221536v7 City Council | Tuesday, November 1, 2022 | Page 134 of 238 37 221536v7 City Council | Tuesday, November 1, 2022 | Page 135 of 238 38 221536v7 City Council | Tuesday, November 1, 2022 | Page 136 of 238 39 221536v7 EXHIBIT “C” JOINT POWERS AGREEMENT City Council | Tuesday, November 1, 2022 | Page 137 of 238 40 221536v7 City Council | Tuesday, November 1, 2022 | Page 138 of 238 41 221536v7 City Council | Tuesday, November 1, 2022 | Page 139 of 238 42 221536v7 City Council | Tuesday, November 1, 2022 | Page 140 of 238 43 221536v7 City Council | Tuesday, November 1, 2022 | Page 141 of 238 44 221536v7 City Council | Tuesday, November 1, 2022 | Page 142 of 238 45 221536v7 City Council | Tuesday, November 1, 2022 | Page 143 of 238 46 221536v7 City Council | Tuesday, November 1, 2022 | Page 144 of 238 47 221536v7 City Council | Tuesday, November 1, 2022 | Page 145 of 238 48 221536v7 City Council | Tuesday, November 1, 2022 | Page 146 of 238 49 221536v7 City Council | Tuesday, November 1, 2022 | Page 147 of 238 50 221536v7 City Council | Tuesday, November 1, 2022 | Page 148 of 238 51 221536v7 City Council | Tuesday, November 1, 2022 | Page 149 of 238 52 221536v7 City Council | Tuesday, November 1, 2022 | Page 150 of 238 53 221536v7 City Council | Tuesday, November 1, 2022 | Page 151 of 238 54 221536v7 City Council | Tuesday, November 1, 2022 | Page 152 of 238 Request for City Council Action DATE: November 1, 2022 TO: Mayor, City Council, and City Administrator FROM: Christine Lusian, City Clerk SUBJECT: Massage Therapist License INTRODUCTION The City Council is asked to approve a new massage therapist license. BACKGROUND Massage therapist applicant, Nikita Rae Schanzenbach, has completed application requirements, paid the associated license fees, and secured employment at licensed massage establishment Hush Therapeutic Massage. RECOMMENDATION City staff recommends the Council approve a massage therapist license for Nikita Rae Schanzenbach effective through June 30, 2023. City Council | Tuesday, November 1, 2022 | Page 153 of 238 5m This page intentionally left blank. City Council | Tuesday, November 1, 2022 | Page 154 of 238 City Council | Tuesday, November 1, 2022 | Page 155 of 2385n City Council | Tuesday, November 1, 2022 | Page 156 of 238 City Council | Tuesday, November 1, 2022 | Page 157 of 2385o City Council | Tuesday, November 1, 2022 | Page 158 of 238 City Council | Tuesday, November 1, 2022 | Page 159 of 238 City Council | Tuesday, November 1, 2022 | Page 160 of 238 City Council | Tuesday, November 1, 2022 | Page 161 of 238 City Council | Tuesday, November 1, 2022 | Page 162 of 238 City Council | Tuesday, November 1, 2022 | Page 163 of 238 City Council | Tuesday, November 1, 2022 | Page 164 of 238 City Council | Tuesday, November 1, 2022 | Page 165 of 238 City Council | Tuesday, November 1, 2022 | Page 166 of 238 City Council | Tuesday, November 1, 2022 | Page 167 of 238 City Council | Tuesday, November 1, 2022 | Page 168 of 238 City Council | Tuesday, November 1, 2022 | Page 169 of 238 This page intentionally left blank.City Council | Tuesday, November 1, 2022 | Page 170 of 238 Request for City Council Action DATE: November 1, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, Public Works Director SUBJECT: Accepting City-Wide Bike and Pedestrian Master Plan INTRODUCTION The City Council is asked to accept the Bike and Pedestrian Master Plan. BACKGROUND City Council awarded a professional services contract to HKGi at their February 15, 2022 meeting for development of a city-wide Bike and Pedestrian Master Plan. This plan is funded through a grant from Minnesota Department of Health’s State-Wide Health Improvement Partnership (SHIP) administered through the Dakota County Public Health Department. DISCUSSION The city is developing a comprehensive plan for recommendations and improvements to bicycle and pedestrian facilities. The planning process included evaluating where current trails, sidewalks, and on-street facilities are located and where there are gaps and barriers to bicycle and pedestrian movement throughout the city. Dakota County also owns and maintains regional trails in the city to provide non-motorized connections within and outside the community. The final plan will aim to identify strategies to increase access to and participation in bicycling and walking throughout the community, as well as identifying and prioritizing physical improvements that will make the system safer and more connected. The benefits of improving walking and biking capabilities within the community are many. Walking, bicycling, and other non-auto modes of transportation are less expensive; especially with rising gas prices and the cost of vehicle ownership. Additionally, connecting and improving routes expands accessibility for those who may not be able to drive a vehicle, improves overall community health and wellness, and provides environmental benefits. In the first phase of input, people were asked how they use existing bike and pedestrian facilities in the city and what improvements they would like to see in the system. People could respond to a survey questionnaire and also to an interactive mapping tool where they could list open-ended comments. City Council | Tuesday, November 1, 2022 | Page 171 of 238 7a Almost 300 people responded to the survey and almost 70 people left 183 comments on the interactive map. Many people also “liked” or “disliked” the map comments, which provided a list of popular comments. Most of the feedback received in the first phase of engagement related to safety of bicycle and pedestrian facilities. Many people identified a desire for multi-use trails separated from roads rather than on-street facilities, especially along Dodd Road. People also mentioned a desire to make trail connections and improve safe crossings of busy roadways. During the second phase of engagement, a series of issues and opportunities for the bike and ped system were presented on an interactive map and people were asked to comment on which opportunities they see as the highest priorities. A State Health Improvement Partnership (SHIP) grant is being used to fund the project process, which supports improvements for seniors, children, low-income populations, and those who may be experiencing a health disparity. Strategies and initiatives in the plan will focus on improvements that include education, encouragement, enforcement, evaluation, equity, and engineering. The city consultant, HKGi, will be giving the council a presentation on the plan. Supported by the Statewide Health Improvement Partnership, Minnesota Department of Health and the Dakota County Public Health Department. BUDGET The SHIP grant amount was $30,000 and required a local match of $6,000 funded through the general fund. Implementation of the plan will require additional funds which will be identified and added to the Capital Improvement Plan as feasible. RECOMENDATION Staff recommends that the Mendota Heights City Council accept the Bike and Pedestrian Master Plan. ACTION REQUIRED If Council concurs with the staff recommendation, they should pass a motion to accept the Bike and Pedestrian Master Plan. This requires a simple majority vote. City Council | Tuesday, November 1, 2022 | Page 172 of 238 DRAFT MENDOTA HEIGHTS MN October 27, 2022 Pedestrian Plan&Bike City Council | Tuesday, November 1, 2022 | Page 173 of 238 ii MENDOTA HEIGHTS, MINNESOTADRAFT 01 INTRODUCTION 1 Project Purpose 1 Importance and Value of a Connected Bicycle & Pedestrian System 2 Project Process 3 Public Engagement 4 02 ISSUES & OPPORTUNITIES 10 Summary of Related Planning 10 Existing Conditions 14 Issues & Opportunities 16 03 RECOMMENDATIONS 22 Plan Strategies & Organization 22 Education 23 Engineering 24 Encouragement 36 Enforcement 37 Equity 38 Experience 39 Ethics 40 Evaluation 41 04 IMPLEMENTATION 42 Project priorities 42 Implementation Strategies & Funding Sources 47 CONTENTS City Council | Tuesday, November 1, 2022 | Page 174 of 238 1 BIKE AND PEDESTRIAN PLAN INTRODUCTION PROJECT PURPOSE WHAT IS A BIKE & PEDESTRIAN PLAN? A Bike and Pedestrian Master Plan looks at existing facilities, evaluates issues and opportunities within the system, and identifies plans for future investments in the system. In early 2022, the city received a grant through the Statewide Health Improvement Partnership (SHIP) from the Minnesota Department of Health and Dakota County in order to develop a plan for bicycling and walking improvements in the community. The master plan will be used to guide decision-making regarding future investments in and prioritization of improvements to the bike and pedestrian system, will provide a foundation for seeking funding assistance for improvements, and aims to result in a more bikeable and walkable Mendota Heights. INCLUDE THE 6E’S: EVALUATION, EDUCATION, ENGINEERING, ENCOURAGEMENT, ENFORCEMENT, AND EQUITY IN THE PLAN PLAN FOR DEVELOPMENT OF AN INTERCONNECTED PEDESTRIAN AND BICYCLE SYSTEM CITY-WIDE INTEGRATE COUNTY GREENWAYS AND TRAILS ALONG COUNTY HIGHWAYS INTO THE SYSTEM E E E E E E PLAN PURPOSE AND GOALS • Plan for development of an interconnected pedestrian and bicycle system city-wide • Integrate County Greenways and trails along County Highways into the system • Include the 6 E’s: Evaluation, Education, Engineering, Encouragement, Engagement, and Equity in the plan City Council | Tuesday, November 1, 2022 | Page 175 of 238 2 MENDOTA HEIGHTS, MINNESOTADRAFT ECONOMIC DEVELOPMENT & RECREATION Trails for walking, biking, and rolling offer access to a variety of urban and natural environments. Destination trails bring people into communities for leisure and recreation opportunities and enhance the local economy. SUSTAINABILITY Walking, biking and rolling are simple, cost-effective ways of being active. Walking is an essential part of all journeys. It is accessible and affordable, and socially equitable. Cycling is among the most efficient and sustainable means of transportation. Together, walking, biking and rolling have economic, social, environmental and health benefits. HEALTH & COMMUNITY EXPERIENCE Walking, biking, and rolling allow people to experience the outdoors, see others’ faces, promotes community engagement and connections, and encourages active living and healthy lifestyles. ECONOMICS & COST Bicycling and walking are less expensive than driving, take up less space on roads, and require less area to park at destinations. Bikes and feet create less wear and tear on roads and trails than motor vehicles; long-term this costs taxpayers less money for maintenance and repair.INTRODUCTIONIMPORTANCE AND VALUE OF A CONNECTED BICYCLE & PEDESTRIAN SYSTEM In addition to providing necessary transportation infrastructure for multiple non-motorized modes of transportation, a connected bicycle and pedestrian system provides other supplemental benefits for the community. City Council | Tuesday, November 1, 2022 | Page 176 of 238 3 BIKE AND PEDESTRIAN PLAN TASK 1 Organize the Effort TASK 2 Inventory and Analysis TASK 3 Plan & System Recommendations TASK 4 Final Plan and Approvals PROJECT PROCESS The project kicked off in March, 2022, and held two phases of public engagement--one in the spring and one in the late summer. Stakeholder meetings were held in the fall of 2022, and meetings with the Advisory Park and Recreation Commission, Advisory Planing Commission, and the City Council were held in August, September, and October. APR MAY JUN JUL AUG SEP OCT NOVMAR Survey #1 Survey #2 City Staff Meetings Listening Sessions Community Survey Community Open House Advisory Park and Rec Commission Advisory Planning Commission City Council Existing multi-use trailExisting crosswalk City Council | Tuesday, November 1, 2022 | Page 177 of 238 4 MENDOTA HEIGHTS, MINNESOTADRAFTPUBLIC ENGAGEMENTPHASE 1 ENGAGEMENT SUMMARY In the first phase of input, people were asked how they use existing bike and pedestrian facilities in the city and what improvements they would like to see in the system. People could respond to a survey questionnaire and also to an interactive mapping tool where they could list open-ended comments. Almost 300 people responded to the survey and almost 70 people left 183 comments on the interactive map. Many people also “liked” or “disliked” the map comments, which provided a list of popular comments. Most of the feedback received in the first phase of engagement related to safety of bicycle and pedestrian facilities. Many people identified a desire for multi-use trails separated from roads rather than on-street facilities, especially along Dodd Road. People also mentioned a desire to make trail connections and improve safe crossings of busy roadways. PUBLIC ENGAGEMENT At the onset of the project process, a Community Engagement Plan was developed to describe the goals, audiences, methods, and phases for community engagement during the project. The objectives of the engagement process included: • Provide project information to the public, especially residents of Mendota Heights • Solicit and obtain feedback from the public and stakeholders for potential improvements and additions to bike and pedestrian facilities in the city • Engage the public and stakeholders to comment on issues and opportunities related to priorities for implementation • Discover potential partners that may be involved with project implementation • Reach out to and respond to the needs of SHIP priority populations: people 60 or older, children, and people with low incomes or others experiencing a health disparity SHIP PRIORITY POPULATIONS During the process, project team members used methods to reach out to SHIP priority populations: outreach to all schools in the city with a request for engagement in the process; project information posting in city newsletters and mailers; a meeting was held with the Thompson Park Activity Center Advisory Council; a booth was set up at the city’s Community Open House. The plan identifies the need for connected, off-road facilities throughout the entire community, especially in areas where there are schools and retail areas. These areas are most in need of safe, non-motorized access. Safe roadway crossings were a highly mentioned element throughout the engagement process and especially for those who identify as SHIP priority populations. The public engagement process included two phases of outreach and engagement as described in the table below. PHASE PURPOSE/GOALS OUTREACH METHODS INPUT METHODS RESULTS Phase 1: April 2022 Inform residents of the project; Solicit broad input on how people bike and walk in the city today and what issues or desires they have for the system City website info; social media; press release; postcard Survey Monkey questionnaire; Social Pinpoint interactive map 297 survey responses Phase 2: August- September, 2022 Seek input on draft opportunities City website info; social media posts; Community Open House; Friday news; OneTen Cycles; Park Commission meeting; Planning Commission meeting; City Council work session Social Pinpoint interactive map; Thompson Park Activity Center Advisory Council meeting; Visitation High School student meeting 105 map comments City Council | Tuesday, November 1, 2022 | Page 178 of 238 5 BIKE AND PEDESTRIAN PLAN k o l q g m n p e hdb f j i c a (i)“Make trail connection from Trail Rd to Wachtler to make it easier to go N/S by bike and foot through the community.” PHASE 1 SOCIAL PINPOINT MAP SUMMARY PARTICIPATION X This works well X This needs improvement X This is a barrier X Ideas and suggestions (q)“It would be really great if there was a small path connecting Hampshire Dr. street to the existing path at Hagstrom park. That way kids and others would not have to go through a parking lot on bikes, or make essentially a u-turn around on the edge of busy Mendota Heights road (causing cars to slow and stop thinking the crosswalk is used when it really isn’t).” (p)“This pedestrian island is an important piece of infrastructure for pedestrian safety. The problem is that motorists on Dodd seem to struggle with it. Additional crossing lights or signage would help.” (l)“The vehicle turn lanes at the Dodd /Marie intersection force pedestrians into the travel lanes.”(m)“Bike/ped path simply ends with no good place to divert cyclists or pedestrians other than right on to Dodd. Dangerous and unpleasant.” (n)“The tunnel is a fantastic connection for the northern and southern half of MH. I use it regularly when jogging and cycling.”(o)“This crosswalk is not well marked. Additional signage is needed.” COMMENT TRENDS • Comments are at odds about bike and pedestrian facilities along Dodd Road. Many state it’s too busy and dangerous of a road to add facilities and will inconvenience current residents and vehicles. Those in favor say Dodd could act as a great connection to surrounding trails and destinations if done safely.• More safe connections needed for kids traveling to schools -add more lights and ped signage, address crosswalk gaps, traffic calming needed.• Better trail maintenance - replace/fix poor pavement, be more conscientious about snow removal and placement.• Wide shoulders are used by school athletic teams, bike clubs, runners, and families - need more infrastructure/design to make them safe.• There are limited locations to safety cross the larger, higher-use roadways These larger barriers discourage users from exploring surrounding parks and trails. • More connections from neighborhoods to parks and outdoor recreation points like sledding hills and athletic fields for families and students.• Users appreciate amenities like bike repair stations, trash cans, and seating. More wayfinding signage is desired. TOTAL SITE VISITS879 UNIQUE USERS305 UNIQUE STAKEHOLDERS68 COMMENTS183 (a)“Bike path ends here at a steep hill with narrow shoulders.” (b)“Please add a path/sidewalk along Dodd!” (c)“Crossing this freeway requires 4(!) crossings with “beg buttons” and long waits at signals. Cars often do not stop or look when turning right. Debris on road. Uncovered expansion joints make the bridge treacherous for bikes.” (d)“The pedestrian path here is awkward and kind of just ends. I tend not to use it as a result.” 3 (e)“Well done on the new pedestrian crossing with the flashing lights.”(f)“Upon entering Bachelor Ave from Dodd there is a 30 MPH Speed Limit sign. 30 is way too high for a residential street, and since it’s a straightaway, motorists often speed. I suggest removing the sign (easy fix which would then imply a 25 MPH speed limit) and even better would be to add speed bumps. Pedestrians and kids are often put in danger by speeders on Bachelor.” (g)“Shift the travel lanes east, and reduce to 11 feet. Then add removable bollards on the west side of the road to create a ped/bike lane, separated from the travel lanes. No road reconstruction needed.” (h)“Dodd Rd is really unsafe for bicyclists. I worry when I see kids biking on the shoulder and tons of traffic/speeding cars.” (j)“I don’t see how Dodd (between Smith and 62) can be called a local trail. There are no sidewalks or bike lanes, only a narrow shoulder really. It is unsafe for bicyclists. Need to reduce speed limit, add stop signs, and add protected bike lanes to improve safety.” (k)“Dodd needs a sidewalk all the way to 62. Kids walk and bike here, unsafely, all the time.” 9 34 15 8 14 27 37 24 28 27 19 25 14 9 11 7 POPULAR COMMENTS: The following comments are a representative display of over 180 comments. #= Number of Likes City Council | Tuesday, November 1, 2022 | Page 179 of 238 6 MENDOTA HEIGHTS, MINNESOTADRAFTPUBLIC ENGAGEMENTPARTICIPANT DEMOGRAPHICS What is your age? (297 Responses) 17 years or younger 18-24 25-34 35-44 45-54 55-64 65-74 75 years or older 0.7%0.3% 3% 30% 21% 20% 19% 6% How do you identify your gender? (297 Responses)Do you experience disabilities that affect your comfort with walking or biking? (297 Responses) How do you describe your ethnic or cultural heritage? (297 Responses) Male Female 35%64% PREFER NOT TO SAY 1% White/European American Black/African American Asian/Asian American Native American Hispanic or Latino Other 92% 94% No, I do not experience disabilities Yes, I experience other disabilities I use a mobility aid, such as crutches, a walker, or a wheelchair I am hearing impaired I am seeing impaired 3%2%1% Which of the following best describes your association with Mendota Heights? (297 Responses) I live in the City I work in the City I go to school in the CityI visit the City Other During the warmer months of the year, how often do you walk or bike for the following reasons? (297 Responses) 1%91%1%5%2% For exercise For pleasure/recreation To visit friends/relatives To go shopping/run errands To go to restaurants and/or bars To go to cultural, religious, or community eventsTo go to work To go to school 5+ Times Per Week 2-3 Times Per Week Once A Week Never To connect with public transportation 52%35% 11% 2% 44% 40% 13% 3% 6% 22% 32% 40% 7% 27% 65% 1% 6.5% 33%60% 0.5% 7% 2% 5% 86% 3%3%3% 91% 1%1% 98% 2% 13% 85% 1% 1% 0.3% 0.7% 5% The survey was open online during the month of April, 2022, and there were 297 responses submitted. PHASE 1 SURVEY SUMMARY City Council | Tuesday, November 1, 2022 | Page 180 of 238 7 BIKE AND PEDESTRIAN PLAN “More bike lanes on roadways, especially on the roads directly connected to schools.” What are the most important destinations to walk or bike to? (297 Responses) Parks and trails Shopping, dining, and entertainment 67% Schools Residential areas Other Places to work Transit stops or stations Community or civic buildings 9.5% 8% 6% 6% 2% 1% 0.5% Based on the descriptions about how often you walk or bike during warmer months , how would you characterize your attitude towards biking? (297 Responses) What keeps you from walking or biking in Mendota Heights? (258 Responses) (All that applied selected) How important are each of the following to you when planning for the future bicycle and pedestrian network? (297 Responses) Please share any ideas you have for improving conditions for biking and walking in Mendota Heights: (207 Responses Received) I don’t feel safe walking or biking near motorized traffic Trails and sidewalks are too icy or snowy in winter months There are no trails or sidewalks where I want to go I don’t feel safe crossing busy intersections My destinations are too far apart None of the above Other The trails and sidewalks are in poor condition I have too much to carry or transport It’s difficult to find my way around while biking or walking I don’t have any incentives or encouragement to bike or walk Sidewalks and trails are not handicap accessible Safe roads for all roadway users Safe intersection crossings and facilities Having off-road trails for walking and biking separate from motorized vehicles Having scenic and comfortable bike and walk routes near parks and natural corridors Getting to my destination as fast as possible 89% 9% 88% 11%1%2% 77%63% 7% 18%32% 60% 5%5% 33% Very Important Somewhat Important Not Important “There are no trails or sidewalks where I want to go.” Strong and Fearless 13% 36%40% 11% Enthusiastic and Confident Interested but Concerned Not Able/ Interested “Other” response themes included: • Issues with trail or sidewalk maintenance • Gaps in the trail, sidewalk, or bikeway network • Safety concerns; coyotes, dogs, traveling with small children, poor lighting, paths close to vehicular traffic, unsafe crossings • Lack of connections or inconvenient routes • ADA accessibility for both adults and children Top response themes included: • Trail or sidewalks should be added to Delaware and Dodd• Keep up maintenance of existing trails• Make safety improvements, especially for young and old bicyclists• Desire for sidewalks throughout the community• Desire for better bike and ped connections around schools• Connect sidewalks and trails that don’t connect• Improve wayfinding throughout the community• Add lighting along trails and sidewalks for safety “Fix drainage for water and ice, enlarge paths for bike and pedestrian use, install trails where there are gaps.” “Preserve the natural areas that the paved paths already go through...it is beautiful to walk and bike on those paths but the environment needs to be protected in these natural areas. We also have so few of these areas (Valley especially important) that we should really take care of them.” “I would love to see more bicycle friendly innovations.” “Repair trail surfaces yearly. Clear and maintain surfaces year-round.” “Better bike access to the middle schools and TRHS for kids to use, especially as those high schoolers who live less than 2 miles from TRHS.” “ Very concerned about people waking and biking on Dodd Road. It is not safe, especially large groups of students or people with strollers or dogs.” “More connections!” City Council | Tuesday, November 1, 2022 | Page 181 of 238 8 MENDOTA HEIGHTS, MINNESOTADRAFT Thompson Park Activity Center Advisory Council PUBLIC ENGAGEMENTPHASE 2 ENGAGEMENT SUMMARY During the second phase of engagement, a series of issues and opportunities for the bike and ped system were presented on an interactive map and people were asked to comment on which opportunities they see as the highest priorities. STAKEHOLDER OUTREACH The city also reached out to several local groups to hold stakeholder meetings to discuss potential improvements in the plan. Meetings were held with two organizations: THOMPSON PARK ACTIVITY CENTER ADVISORY COUNCIL MEETING A summary of the Issues and Opportunities was presented to the group along with a request for input on the bike/ped system. Attendees mentioned the desire for walking loops (one mile to three mile loops) and trail amenities (benches, shade, trash, signage). Members of an existing walking group like walking on off- street trails, like the River to River Greenway. VISITATION HIGH SCHOOL STUDENT MEETINGS Social media and web posts Visitation High School presentation Project board at event ECONOMICS AND COST Bicycling and walking are less expensive than driving, take up less space on roads, and require less area to park at destinations Pedestrian Plan&Bike WHAT IS A BIKE & PEDEST R I A N P L A N ? MENDOTA HEIGHTS MN WHAT’S GOING ON ? Include the 6E’s: Evaluation, Ed u c a t i o n , Engineering, Encouragement, Enforcement, and Equity in th e p l a n Plan for development of an interconnected pedestrian and bicycle system city-wide Integrate County Greenways and trails along County Highways into the system PLAN PURPOSE AND GOAL S An online survey was open durin g t h e m o n t h o f A p r i l , 2 0 2 2 , a n d r e c e i v e d a l m o s t 3 0 0 r e s p o n s e s . T h e s u r v e y was promoted to Mendota Heig h t s r e s i d e n t s a n d v i s i t o r s a n d a s k e d q u e s t i o n s a b o u t b i k i n g a n d w a l k i n g i n t h e community. A selection of res p o n s e s a r e s h o w n h e r e . WHAT HAVE WE HEARD S O F A R ? What are the most important d e s t i n a t i o n s t o w a l k o r bike to? (297 Responses) Parks and trails Shopping, dining, and entertainment 67% Schools Residential areas Other Places to work Transit stops or stations Community or civic buildings 9.5% 8% 6% 6% 2% 1% 0.5% Based on the descriptions about ho w o f t e n y o u w a l k o r b i k e d u r i n g warmer months , how would you c h a r a c t e r i z e y o u r a t t i t u d e t o w a r d s biking? (297 Responses) What keeps you from walking or b i k i n g i n M e n d o t a H e i g h t s ? (258 Responses) (All that applie d s e l e c t e d ) How important are each of the fo l l o w i n g t o y o u w h e n planning for the future bicycle a n d p e d e s t r i a n n e t w o r k ? (297 Responses) I don’t feel safe walking or biking near motorized traffic Trails and sidewalks are too icy or snowy in winter months There are no trails or sidewalks where I want to go I don’t feel safe crossing busy intersections My destinations are too far apart None of the above Other The trails and sidewalks are in poor condition I have too much to carry or transport It’s difficult to find my way around while biking or walking I don’t have any incentives or encouragement to bike or walk Sidewalks and trails are not handicap accessible Safe roads for all roadway users Safe intersection crossings and facilities Having off- road trails for walking and biking separate from motorized vehicles Having scenic and comfortable bike and walk routes near parks and natural corridors Getting to my destination as fast as possible 89% 9% 88% 11% 1%2% 77% 6 3 % 7% 18%32% 60% 5% 5 % 33% Very Important Somewhat Important Not Important Strong and Fearless 13% 36%40%11% Enthusiastic and Confident Interested but Concerned Not Able/ Interested “Other” response themes includ e d : • Issues with trail or sidewalk ma i n t e n a n c e • Gaps in the trail, sidewalk, or b i k e w a y n e t w o r k • Safety concerns; coyotes, dog s , t r a v e l i n g w i t h s m a l l children, poor lighting, paths clos e t o v e h i c u l a r t r a f f i c , unsafe crossings • Lack of connections or inco n v e n i e n t r o u t e s • ADA accessibility for both adult s a n d c h i l d r e n Component Pedestrian B i c y c l e F a c i l i t y E x a m p l e s Dakota County Greenways (off street, bituminous, 10’ wi d e trail, destination trails) X X Mendota-Lebanon Hills Regional G r e e n w a y Minnesota River Regional Greenw a y ( i n c l . B i g R i v e r s R e g i o n a l T r a i l ) River to River Greenway Off Street Bituminous Trail (6’-8’ wide paved trail) X X Trail along Mendota Heights Rd Trail along Wagon Wheel Rd Trail along portions of Lexington A v e Wide Shoulders On-Street X Shoulders along Dodd Road Shoulders along Hwy 55 Sidewalks (4-6’ wide concrete walks) X Sidewalks in front of business in Th e V i l l a g e a t M e n d o t a H e i g h t s Southeastern MH, along Field Ston e D r i v e a n d W a t e r s e d g e T e r r a c e Grade-separated crossing X X Tunnel under Hwy 62, east of D o d d R d At-Grade crossing X X Painted markings on street, cross w a l k , y e l l o w a l e r t s i g n a g e , f l a s h i n g l i g h t s Currently, Mendota Heights has a p p r o x i m a t e l y 2 8 m i l e s o f p a v e d t r a i l s a n d s i d e w a l k s a n d 5 m i l e s o f w i d e shoulders or on-street bicycle fa c i l i t i e s . W h e n c o m b i n e d w i t h e x i s t i n g r e g i o n a l t r a i l s b u i l t a n d m a i n t a i n e d by Dakota County, the City of f e r s a m o s t l y w e l l - c o n n e c t e d a n d a c c e s s i b l e t r a i l s y s t e m . H o w e v e r , s o m e areas of the community lack easy a c c e s s t o t r a i l s b e c a u s e h i g h w a y s a n d a r t e r i a l r o a d s a c t a s b a r r i e r s between neighborhoods and n e a r b y t r a i l s . In early 2022, the city received a g r a n t t h r o u g h t h e S t a t e H e a l t h I m p r o v e m e n t P a r t n e r s h i p ( S H I P ) f r o m t h e Minnesota Department of Health a n d D a k o t a C o u n t y i n o r d e r t o d e v e l o p a p l a n f o r b i c y c l i n g a n d w a l k i n g improvements in the communit y . T h e m a s t e r p l a n w i l l b e u s e d t o g u i d e d e c i s i o n - m a k i n g r e g a r d i n g future investments in and prio r i t i z a t i o n o f i m p r o v e m e n t s t o t h e b i k e a n d p e d e s t r i a n s y s t e m , w i l l p r o v i d e a foundation for seeking funding a s s i s t a n c e f o r i m p r o v e m e n t s , a n d a i m s t o r e s u l t i n a m o r e b i k e - a b l e a n d walkable Mendota Heights. ISSUES & OPPORTUNIT I E S SYSTEM COMPONENTS The map on the following pag e i d e n t i f i e s i s s u e s , o p p o r t u n i t i e s , a n d p r o p o s e d i m p r o v e m e n t s t o t h e b i k e a n d p e d system in Mendota Heights. Ma j o r c o m p o n e n t s o f t h e s y s t e m a r e d e s c r i b e d i n t h e t a b l e b e l o w . ‘E’ Category Definition Recommendations EDUCATION Teaching people to walk and bike s a f e l y ; t e a c h i n g motorized movers to watch for n o n - m o t o r i z e d movers; informing law enforcement ; i n f o r m i n g legislators of the importance and v a l u e o f b i k i n g and walking Wayfinding signage; Etiquette si g n a g e ; B i k e R o d e o ; S a f e t y C a m p ENGINEERING Identification of physical barriers t o w a l k i n g a n d biking; infrastructure improveme n t s t o f a c i l i t a t e walking and biking, such as cro s s i n g s , t r a i l s , sidewalks, on-street facilities, bike p a r k i n g , e t c . Develop crossing improvements, N e w t r a i l s , a n d s i d e w a l k s throughout the community; De v e l o p S a f e R o u t e s t o S c h o o l s ; Maintain the ped/bike system ENCOURAGEMENT Programs that get people excit e d a b o u t w a l k i n g or biking, advertising and promoti o n a l c a m p a i g n s , outreach, events, etc. Develop an online map of ped/bike r o u t e s a n d l o o p s ; P r o v i d e information about destinations a n d d i s t a n c e s b y p e d / b i k e ; F o l k s on Spokes (city program, partne r s h i p w i t h W S P a n d S S P ) ENFORCEMENT Law enforcement support for both m o t o r i z e d a n d non-motorized users; appropriat e l y e n f o r c e r u l e s and laws to keep people safe Work with law enforcement offi c e r s t o e n s u r e d r i v e r s a n d b i c y c l i s t s follow the rules of the road or is s u e p e n a l t i e s ; D o g w a l k e r s n e e d t o control their dogs while walkin g o n t r a i l s a n d o t h e r f a c i l i t i e s EQUITY Traffic codes and rules that trea t n o n - m o t o r i z e d movers as equal users of the tra n s p o r t a t i o n system; equal access to facilities an d d e s t i n a t i o n s for all movement types Review rules within the commu n i t y a n d a c c e s s t o e n s u r e t h a t community members of all ag e s a n d a b i l i t i e s a r e a b l e t o a c c e s s bike and ped facilities EXPERIENCE Making transportation an experien c e b y d e s i g n for both motor and non-motor ve h i c l e s . F o c u s o n safety, views, destinations, etc. Promotion of outdoor recreation; G r e e n w a y g o a l s ; U n d e r s t a n d that MH is a dark community, w h i c h i m p a c t s s a f e t y ( l a w enforcement recently made re f l e c t i n g s a s h e s f o r c y c l i s t s a n d walkers) ETHICS Values-based decision-making p r o c e s s t h a t i s centered on ethics, empathy, a n d e q u i t y Elected officials should value b i k i n g a n d w a l k i n g f a c i l i t i e s o n a n equal level with motorized facilitie s EVALUATION Determine if the system is prov i d i n g v a l u a b l e a n d accessible facilities; evaluate the nu m b e r o f u s e r s of the ped/bike system Currently evaluating the system w i t h s u r v e y s / e n g a g e m e n t ; Metrics (do complaints go down? ) ; L o o k a t S t r a v a n u m b e r s f o r usership of trails; Evaluate Street L i g h t d a t a r e g a r d i n g b i k i n g a n d walking HEALTH AND COMMUNITY EXPERIENCE Bicycling and walking allow people to experience the outdoors, see others’ faces, promotes community engagement and connections, and encourages active living and healthy lifestyles SUSTAINABILITY Bikes and feet create less wear and tear on roads and trails than motor vehicles; long-term this costs taxpayers less money for maintenance and repair ECONOMIC DEVELOPMENT AND RECREATION Trails offer access to a variety of urban and natural environments; destination trails bring people into communities for leisure and recreation opportunities and enhance the local economy IMPORTANCE AND VALU E O F A C O N N E C T E D BICYCLE & PEDESTRIAN S Y S T E M PLAN STRATEGIES & ORG A N I Z A T I O N The following “E” categories are u s e d t o i d e n t i f y v a r i o u s t y p e s o f p r o j e c t s a n d p r o g r a m s t h a t c a n b e u s e d t o implement strategies in the Bik e a n d P e d e s t r i a n P l a n . HELP THE CITY PLAN BY REVIEWING AND COMMEN T I N G ON THE INTERACTIVE MAP ! https://hkgi.mysocialpinpoint.com / m e n d o t a - h e i g h t s - p h a s e - 2 - m a p / m a p # / E E E E E E Scan! Students were presented with a summary of the issues and opportunities and asked for input on recommendations. Many students mentioned the importance of safety for biking and walking and the desire for separated trails and sidewalks, rather than on-street bike or walk facilities. Students also expressed the feeling that the experience of a trail or bikeway is very important to the usability, and that a connected bike and ped system is important for families and kids in a community. Students filled out a survey that asked about where they walk, why they walk, and top improvements for bike and pedestrian facilities. Many students indicated that they walk in their neighborhoods and on loop trails. The most common reasons the students walk are for fun/exercise and to meet up with friends. Top improvements that were listed include: Improve busy intersection crossings with wider crosswalks, more warning signage, and more vibrant paint or surface treatments; Build more off-road trails that are separated from vehicular traffic; and Build more sidewalks in neighborhoods and along city streets. City Council | Tuesday, November 1, 2022 | Page 182 of 238 9 BIKE AND PEDESTRIAN PLAN g f a d e kj ib c h X High Priority X Low Priority X General Comment (b)“A trail connecting Wachtler to Trail Rd/Valley Park via the western edge of the Par 3 golf course would be a great link. It would more safely connect residents between the Highway 13/Ivy Falls area with Valley Park and its nearby network of paths. It would allow pedestrians to stay off of Dodd’s dangerous shoulder by using a “shortcut” through the golf course.” (f)“It is a major gap that the path just ends at Wesley Court. This section of Dodd is treacherous for adults and children alike to walk or bike. The shoulder is narrow or non-existent in several places. If a path were added for bikes/pedestrians, both could more easily walk/bike to the MH Village and Plaza or up to shopping at Smith and Dodd. I also believe it would be safer for some kids who walk to Somerset School.” (g)“We desperately need to have a trail path on Dodd Road leading from Emerson to the City Center. We should be able to walk or bike without using the street.” (a)“This is a hazardous crossing for bicyclists. Motorists move quickly to enter and exit the freeway ramp and often do not look for bicyclists crossing the road where it intersects the path. There needs to be more/better signaling to motorists about the bike crossing and better traffic control to sort out the use conflicts.” (d)“Please, please, please consider adding a separate bike path along Dodd from the Village/62 to at least Somerset Elementary. As both a motorist while others are biking and a parent to kids who want to bike to school/ friends’ houses, the current shoulder is not safe enough/ wide enough given the number of blind spots on this portion of Dodd Rd.” (e)“There needs to be a path along Dodd. I watch kids walk and bike on this area all the time. It’s unsafe. Town Center to Somerset should be connected in some form. We are disconnected from walkable or bikeable methods to get to town center or even the paths at Marie.” (k)“Bike/ped lane should be added on Delaware south of 62 to Mendota Heights Road.”(j)“Motorists are confused about this intersection, which seems to give them more excuses to not yield to pedestrians. I’d like to see a push-button LED flashing crosswalk light installed here to help minimize the confusion for motorists.” (i)“A trail here should be built to connect to the trails along Wentworth in WSP. This section of road is very dangerous for cyclists and pedestrians due to 40 mph speed limit and no shoulders. There is plenty of space for a separated trail.” (c)“This path is at the same grade/height as the road and only separated by less than 1’ in places; the speed allowed on the road makes it feel unsafe on this section of path. In the winter when there is ice and snow build up on the path it is even more dangerous for pedestrians. A new curb would be helpful for both the drainage and pedestrian safety.” (h)“The Emerson/Delaware intersection continues to be a hazard to both vehicles and pedestrians.” SOCIAL PINPOINT MAP SUMMARY PARTICIPATION COMMENT TRENDS • Narrowing the road and decreasing traffic speeds on Dodd to add pedestrian facilities. Trail needs to be along all of Dodd and connect to major interest points.• Safer connections to schools, parks, and other POI for families needed.• More signage - wayfinding, pedestrian crossings, speed limits, etc.• Problems with vehicular traffic speeding, not looking for bikes and pedestrians, running lights and stop signs, or failing to yield. More design elements to keep bikes and peds safe from vehicles, more enforcement of the rules.• Too much focus on making pedestrian facilities fit in with vehicular traffic, instead of designing trail routes the way bikes/ped would use them/desire them to be (avoiding steep hills, busy roads, scenic routes, etc.)• Trails gaps and lack of safe connections to schools, neighborhoods, parks, athletic fields, and other trail networks need to be addressed to make everything work. • More visibility for bikes and pedestrians. TOTAL SITE VISITS970 UNIQUE USERS368 UNIQUE STAKEHOLDERS54 COMMENTS105 POPULAR COMMENTS: The following comments are a representative display of over 180 comments. #= Number of Likes 44 39 36 36 36 18 16 23 22 20 16 City Council | Tuesday, November 1, 2022 | Page 183 of 238 10 MENDOTA HEIGHTS, MINNESOTADRAFTISSUES & OPPORTUNITIESISSUES & OPPORTUNITIES SUMMARY OF RELATED PLANNING 2040 COMPREHENSIVE PLAN The Comprehensive Plan mentions the importance of multi-modal transportation planning at a high level and the value it has for attracting residents and families to the city. The plan includes a list and description of existing and planned regional trails in the city, but it does not include a detailed list of recommendations for bike and ped facilities. VISION STATEMENT Mendota Heights will be recognized as a high quality, family-oriented residential community, with a spacious, natural feel and the amenities of a city. MISSION STATEMENT Our mission is to preserve and enhance the quality of life in Mendota Heights by providing quality public safety, infrastructure, and planning for orderly and sustainable growth. DAKOTA COUNTY PLANNING Pedestrian and bicycle safety are addressed in Dakota County plans: DAKOTA COUNTY TRANSPORTATION PLAN The county’s transportation plan identifies the goal of providing a multi- modal system for county residents. The plan lists gaps in the system related to the countywide greenway system, the RBTN, state highway trails, and state trails. BIKE PED STUDY This study identifies important pedestrian and bicycling gaps in the city. Delaware Ave and Lexington Ave are identified as pedestrian and bicycle gaps in Mendota Heights. cp v:\1938\active\193803569\reports\mendota hts dodd road tra i l s t u d y f i n a l r e p o r t 2 0 1 6 1 1 0 7 . d o c x Dodd Road Trail Feasibility Study Prepared for: City of Mendota Heights Prepared by: Fay Simer, AICP November 7, 2017 Dakota County 2040 Transportation Plan July 2021 DODD ROAD CORRIDOR STUDY This study was completed in 2017 and includes a recommendation for a shared-use path along the entire length of Dodd Road within the City of Mendota Heights. The path would need a 20-foot wide corridor, which would include buffer area between the road edge and the path, a 8-10 foot wide path, and additional width for utilities. As the Dodd Road right-of-way width varies throughout the city, easements and acquisition would be needed to achieve the 20 foot trail corridor. This is especially challenging in the northern part of the city. DAKOT A C O U N T Y PEDEST R I A N A N D BICYCL E STUDY DECEMB E R , 2018 City Council | Tuesday, November 1, 2022 | Page 184 of 238 11 BIKE AND PEDESTRIAN PLAN River to River Greenway Master Plan adopted by the Dakota County Bo a r d o f C o m m i s s i o n e r s a u g u s t 2 5 , 2 0 1 5 approved by the Metropolitan Coun c i l J a n u a r y 2 0 1 7 Mendota-Lebanon H i l l s Greenway MASTER PLAN ADOPTED BY THE D A K O T A C O U N T Y B O A R D O F C O M M I S S I O N E R S A U G U S T 2 0 , 2 0 1 3 Adopted by the dAkotA County boArd of Commissioners oCtober 18, 2011 Approved by the metr o p o l i t An CounCil JAnuAry 25, 2012 Minnesota River Greenway mAster plAn DAKOTA COUNTY RIVER TO RIVER GREENWAY MASTER PLAN The River to River Greenway connects the Minnesota River to the Mississippi River through the communities of Lilydale, Mendota Heights, West St. Paul, and South St. Paul. The greenway has an urban character and follows several roads, except for the portions through Valley Park in Mendota Heights, and through Kaposia Park in South St. Paul. DAKOTA COUNTY MENDOTA-LEBANON HILLS GREENWAY MASTER PLAN The Mendota Lebanon Hills Regional Greenway begins at the Village at Mendota Heights, where it intersects with the River to River Greenway. A short segment of the trail is built as an underpass of Hwy 62 and a trail to the south. The planned route would follow Dodd Rd south into Eagan. The southern end of the greenway corridor is at Lebanon Hills Regional Park. DAKOTA COUNTY MINNESOTA RIVER GREENWAY MASTER PLAN The Minnesota River Greenway Master Plan identifies a trail corridor that includes the Big River Regional Trail and continues south along the Minnesota River and is parallel to Hwy 13. The trail connects Lilydale, Mendota, Mendota Heights, Eagan, and Burnsville. DAKOTA COUNTY GREENWAYS The Dakota County Greenway network includes 15 existing, planned, and proposed regional trail corridors. The trails connect parks, schools, civic destinations, and commercial areas. Greenways are designed to provide non- motorized transportation corridors, habitat restoration areas, water quality improvements, and passive recreation opportunities. The City of Mendota Heights is home to several existing and planned greenway segments: River to River Greenway, Minnesota River Greenway, and the Mendota-Lebanon Hills Greenway. Dakota County Comprehensive Plan, DC2040 Chapter 4: Park System, Page 71 Figure 4.2: Existing Parks, Natural Areas, and Greenways Source: Dakota County Office of Planning, 2018 City Council | Tuesday, November 1, 2022 | Page 185 of 238 12 MENDOTA HEIGHTS, MINNESOTADRAFT April 2021 SAFE ROUTES TO SCHOOL PLANS SCHOOL TRAVEL SAFETY ASSESSMENT FOR DAKOTA COUNTY (APRIL 2021) School properties located immediately next to county or state right-of-way were included in the assessment, resulting in a total of 48 schools within Dakota County. Of these, the following (4) schools were assessed in Mendota Heights: • Two Rivers (formerly Henry Sibley) High School (CR 63; High Speed, 2-3 Lanes) • Visitation School – private (TH 149 – Dodd Road; High Speed, 2-3 Lanes) • Somerset Elementary (TH 149 – Dodd Road; Low Speed) • Heritage STEM Middle School (CR 4, Low Speed) Recommendations are based on the type of county or state roadway adjacent to school. Note that during the online engagement phase 1, Somerset Elementary School reported the second highest number of responses of all of the schools (56 responses). SPECIFIC RECOMMENDATIONS BY SCHOOL IN MENDOTA HEIGHTS: Two Rivers (formerly Henry Sibley) High School: • Sidewalk and Trail Infrastructure: -Construct sidewalk or trail on east side of CR 63 (Delaware Ave) to connect to school crossing. Install street lighting on CR 63 near school. Connect school directly to CR 63 with sidewalk • Major School Crossing: -Develop a walking and biking route plan that supports the need for a school crossing on CR 63. Construct a school crossing on CR 63 between Deer Run Trail and Preserve Path. Include high visibility crosswalk markings, median refuge, street lighting, pedestrian activated devices (RRFB recommended). • Evaluate School Speed Zone: -Evaluate school speed zone after crossing improvements are made • Enforcement: -Enforce school speed zone if implemented • School and District Considerations: -Develop a SRTS Plan, provide walking and biking safety education. Heritage STEM Middle School: • Sidewalk and Trail Infrastructure: -Construct sidewalk on CR 4 between CR 63 and Smith Ave. • Major School Crossing: -County to install crossing enhancements (advance stop bars, street lighting) at the existing school crossing on CR 4) at Heritage MS • Evaluate School Speed Zone: -School and District to provide a current school route plan. -County to conduct a speed study to determine if a school speed zone is needed on CR 4. • Enforcement: Enforce school speed zone if implemented • School and District Considerations: -Develop a SRTS Plan, provide walking and biking safety education. ISSUES & OPPORTUNITIESCity Council | Tuesday, November 1, 2022 | Page 186 of 238 13 BIKE AND PEDESTRIAN PLAN DRAFT Somerset SRTS Program Action Plan Safe Routes to School (SRTS) programs include non-infrastructure s t r a t e g i e s s u c h a s e n g a g e m e n t , e d u c a t i o n , encouragement, and evaluation. The following program r e c o m m e n d a t i o n s a r e b a s e d o n f e e d b a c k r e c e i v e d t h r o u g h the Somerset Rapid Planning Workshop and responses t o t h e c a r e g i v e r s u r v e y . SRTS Partners Implementing a successful and sustainable SRTS program d e p e n d s o n p a r t n e r s h i p s a m o n g a g e n c i e s , s c hool and school district staff, parents, teachers, students, c o m m u n i t y m e m b e r s , a n d b e y o n d . T h e f o l l o w i n g p a r t n e r s h a v e a role to play in supporting SRTS implementation moving f o r w a r d . STAKEHOLDER DETAILS School District (ISD 197)●Operations: ●Transportation: ●Safety Training: Somerset Elementary ●Administrators: ●Teachers: City of Mendota Heights ●Planning: ●Public Works: ●Law Enforcement: Dakota County ●Public Health: MnDOT ●Metro District: ●State Aid: ●Office of Transit and Active Transportation (SRTS): Parents ●PTO: ●Fusion Lab: ●Volunteers: Students ●Live Green Team: Other ●Dodge Nature Center: ●Community Members: Somerset SRTS - Program Action Plan 1 Somerset Elementary • Sidewalk and Trail Infrastructure: -MnDOT construct sidewalk on TH 149 as opportunities arise (long-term recommendation) • School Crossings: -Consider a school crossing guard at the school driveway. -Consider crossing guard at TH 149 and Emerson Ave intersection • Evaluate School Speed Zone: -City and District to work with MnDOT to implement flashers on the school speed zone. • Enforcement: -Periodically enforce school speed zone on TH 149 • School District Considerations: -Provide walking and biking safety education -Construct sidewalk on Emerson Ave between TH 149 and CR 63 if there is a project opportunity or if funding becomes available. Visitation School • City Considerations: -Request to MnDOT to update the left-turn indicators at the traffic signal at TH 149 and Mendota Heights Road to reduce delays during school drop-off and pick-up. SOMERSET SRTS PROGRAM ACTION PLAN Program recommendations primarily point to continuing or building from existing programs that are happening today at Somerset Elementary School, such as: • Walk & Bike to School Day • Remote Drop and Walk • School Communications • Crossing Guards • Walking Field Trips • Walk! Bike! Fun! Pedestrian and Bicycle Curriculum FRIENDLY HILLS MIDDLE SCHOOL SRTS PLAN (2010) Recommendations from the Friendly Hills SRTS Plan include enhancing and improving crosswalk markings, adding a speed zone, and constructing a new trail or sidewalk to provide better access. Some improvements have been made, but additional trail connections are still desired. DAKOTA COUNTY PEDESTRIAN SAFETY ASSESSMENT This assessment does not identify specific recommendations for locations in Mendota Heights, but it can be used as a guide for some of the challenging crossing locations noted in the plan. An outcome of the assessment was a diagram and list of needs, improvements, and considerations, for each studied intersection. https://www.co.dakota.mn.us/Transportation/TransportationStudies/ Current/Pages/pedestrian-crossing-safety-assessment.aspx H:\Projects\14000\14242\Design\Graphics\14242_Design Exhibits.dwg : DODD BLVDJob #142429/14/2021 - 11:57AM Dodd Boulevard Crossing Dakota County Pedestrian Crossing Safety AssessmentLakeville, MN Figure 5 Wentworth Avenue and Humboldt Avenue 11.3' 180'10.7'H:\Projects\14000\14242\Design\Graphics\14242_Design Exhibits.dwg : WENTWORTH & HUMBOLDTJob #142429/14/2021 - 10:04PM Wentworth Avenue & Humboldt AvenueDakota County Pedestrian Crossing Safety AssessmentWest St. Paul, MN Figure 2 Improvement Need. Low yield compliance for people crossing Wentworth Boulevard at the existing marked crosswalk and long, multi-lane crossing distance. Proposed Temporary Improvements. - Pedestrian island refuge (median) - Enhanced crossing signage - Ladder crosswalk markings Other Considerations. - The addition of in-street pedestrian signage is shown to increase yield compliance between motorists and people crossing. - Use in-street signs on the main roadway at a side- street, stop location. - Overuse of in-street signs can reduce effectiveness as motorists become accustomed to the signs thereby reducing compliance. - The median width should be maximized to increase the comfort of people waiting in the middle of the roadway to cross and must be six feet wide at minimum. Resources. Minnesota Best Practices for Pedestrian and Bicycle Safety (2021), MnDOT Uncontrolled Pedestrian Crosswalk Quick Reference Guide (2020), Minnesota Local Road Research Board Area Where Applicable. - Three-lane roadway - Speeds of 35 mph or less - Location where the crossing distance could be prohibitive due to the number of lanes or overall width of the roadway. Painted pedestrian island refuge (median) with poles Pedestrian Crossing Ahead Sign Enhanced pedestrian crossing signs Pedestrian Crossing Ahead Sign nmTRINITY SCHOOL nm FRIENDLYHILLS PARK COPPERFIELD PONDS PARK FRIENDLY MARSH PARK MENDAKOTAPARK HAGSTROMKING PARK KENSINGTON PARK 123: 1239 1239 FRIENDLY HILLSMIDDLE SCHOOLDODD RDONEILL RD DELAWARE AVEHUBER DR WAGON WHEEL TRL NORTHWEST PKY BLUEBILL DR APACHE STDE C O R A H L N CHERI LN PAGEL RDAZTEC LNCOP P E R F I E L D D R CHEY E N N E L N L O N E O A K P K Y LONE O A K D R KE O K U K L N FIELD STONE DRPUEBLO LNO C A L A L N ABBEY WAYVISITATION DRMO N E T C T LONE OAK PTAMES CROSSING RDHAVERTON RDAPACHE LNALICE LNM O H I C A N L N C O M M E R S D R NORTHWEST PKWYSWAN CTSTONE RDROGERS CTAPACHE CTWHITFIELD DRBRIDGEVIEW C T BENT TREE LNPOND CIR EARBOR CTKRESSIN AVEPOND CIR WCYGNET LNCONDON CTWESTVIEW TERPUEBLO DRHERITAGE DRMENDAKOTA CT HAZEL CT PONDHAVEN CIRHAMPSHI R E D R Eagan Mendota Heights Sunfish LakeInver Grove HeightsFRIENDLY HILLS MIDDLE SCHOOL RECOMMENDATIONS¯0 960480 Feet Æó 89:wÅÆÇ ÅÆÇÅÆÇÅÆÇ ÅÆÇ 89:w 89:w %&'(494 èëìì èëìì èëìì 149 ÅÆÇ ¯°³´ èëìì SCHOOL CROSSING SIDEWALKPATH CROSSWALK BICYCLE RACKS ÅÆÇ89:wÆó !"$ 1.0 MILE RADIUS AROUND SCHOOL Legend SCHOOLnmALL-WAY STOP TRAFFIC SIGNAL MUNICIPAL BOUNDARY PARK ON-SITE SIDEWALK Æÿ63 123; Æÿ63 1 - RESTRIPE CROSSWALKS IN PARKING LOT AND DRIVEWAY 2 - CONSIDER SCHOOL SPEED ZONE WITH DYNAMIC SPEED DISPLAY SIGNS 3 - CONSTRUCT SIDEWALK/TRAIL 3 1 3 2 3 City Council | Tuesday, November 1, 2022 | Page 187 of 238 14 MENDOTA HEIGHTS, MINNESOTADRAFT Existing underpass of Marie Ave. Existing marked crosswalk Valley Park trail EXISTING CONDITIONS Currently, Mendota Heights has approximately 28 miles of paved trails and sidewalks and 5 miles of wide shoulders or on-street bicycle facilities. When combined with existing regional trails built and maintained by Dakota County, the City offers a mostly well-connected and accessible trail system. However, some areas of the community lack easy access to trails because highways and arterial roads act as barriers between neighborhoods and nearby trails. Existing facilities in the city include: BIKE AND PED SYSTEM • City or County Paved Trail -Paved multi-use trails located along city or county roadways (typically 6-8’ wide) -Located in Valley Park, along Marie Avenue, and along Mendota Heights Road • Wide Shoulders/On Street -Shoulders along Dodd Road that are striped and identified for bicycling -Width of shoulders varies between 6’ and 10’ -There is no separation between vehicle traffic • Sidewalks -Concrete walkways in neighborhoods meant for pedestrians only -Typically 4’-6’ wide -Located in the far north and the southeast corners of the city. Most residential streets in the city do not have sidewalks along them. • Lilydale Pedestrian Trail -Outside of Mendota Heights -Paved trail along Hwy 13 -Meant exclusively for pedestrians GREENWAYS • Dakota County Greenway -Greenways are regional trail corridors planned and operated by Dakota County. Many of the greenways are built in segments, so the full routes are not fully constructed or connected. -The River to River Greenway is a regional trail that starts at the Lilydale Trailhead in the northwestern part of Mendota Heights, follows the trail through Valley Park, crosses Dodd Rd at the Village at Mendota Heights, and continues past Two River High School along Marie Ave. and into West St. Paul continuing on to Kaposia Landing and the Mississippi River Greenway in South St. Paul. -The Mendota-Lebanon Hills Greenway starts at the Village at Mendota Heights, travels under Hwy 62 and continues south. The trail is planned to follow Dodd Road south into Eagan. -The Minnesota River Greenway and Big Rivers Regional Trail start at the Lilydale Trailhead and follow Hwy 13 to the south. Most of the trail within Mendota Heights is constructed along this route. STATE TRAIL • A shared-use path is located on the Hwy 55 bridge over the Minnesota River. This trail connects to Fort Snelling State Park on the north/west side of the river.ISSUES & OPPORTUNITIESWide shoulders and a multi-use trail along Dodd Rd. City Council | Tuesday, November 1, 2022 | Page 188 of 238 15 BIKE AND PEDESTRIAN PLAN EXISTING CONDITIONS MAP City Council | Tuesday, November 1, 2022 | Page 189 of 238 16 MENDOTA HEIGHTS, MINNESOTADRAFT BIKE AND PED SYSTEM • Planned Trail -Paved multi-use trails that are identified as planned projects -Located along Delaware Ave, Emerson Ave and Sylvandale Rd • Trail Gaps -Gaps in the trail system that would help connectivity or have been asked for by citizens -May not be planned projects -Located along Dodd Rd, Wentworth Ave, Delaware Ave (south of Hwy 62), Lexington Ave, and Pilot Knob Road • Desired Trail Connection (Feasibility Issues) -Trail gaps that are likely not able to be constructed due to significant cost because of physical, topographic, land use or land ownership issues GREENWAYS • Potential Future Greenway -Corridors or routes that have been identified by Dakota County for future greenway trails -The planned Mendota-Lebanon Hills Greenway is located along Dodd Road (south of Hwy 62) -The proposed Soo Line Greenway is a potential future greenway corridor. It is not designed or planned, but it is envisioned to be located along a rail corridor (southwest of Hwy 55). Development of this corridor would improve connectivity and walk, bike, roll options in the city. • Existing City Trail (Future Greenway) -Dakota County has identified some existing city trails as ideal corridors for county greenway routes. The county would take over operations and maintenance or create an agreement with the city in order to improve these trails and identify them as part of the county’s greenway system. MAJOR ROAD - BARRIER Highways and arterial roads in the city are identified as barriers to pedestrian and bicycle movement. These facilities typically don’ t have ped or bike facilities along them, and they are difficult to cross as the traffic moves freely and there are many lanes of traffic to cross. MNDOT highways lack pedestrian and bicycle paths throughout the city and act as barriers for bicycle and pedestrian crossing. These highways include: • Hwy 149 – an RBTN corridor that provides a strategic connection to the high bridge and St. Paul • Hwy 13 – a heavily traveled corridor that is surrounded by high density housing in Mendota Heights and LilydaleISSUES & OPPORTUNITIES• Hwy 62 – a major barrier to pedestrian and bicycle travel, absent of trails and leading to the Mendota Bridge, MSP airport to the west and Robert Street commercial corridor to the east • Hwy 55 which provides critical connections to major employers in southern Mendota Heights and in northern Eagan Grade-separated crossings (tunnels or bridges) and highly marked crosswalks are recommended to improve mobility in the city. The type of improvement recommended is dependent on the surrounding context. Each site should be evaluated for the proper treatment. CROSSINGS / IMPROVEMENTS • Existing Tunnel -A tunnel under a roadway meant for bicycle or pedestrian use -Two ped/bike tunnels are located in the city: under Marie Ave and under Hwy 62 • Existing At Grade Crossing -Crosswalks or other marked crossings at roadway intersections • Existing Bridge Crossing -Locations where roadway bridges separate traffic and trails from busy roadways • Proposed Dakota County Tunnel -Dakota County is planning to construct a ped/bike tunnel under Dodd Rd, just north of the intersection with Hwy 62. This is part of the River to River Greenway corridor. • Proposed At Grade Crossing Enhancement -These are sites where improvements, such as enhanced crosswalk markings, warning signage, and flashing lights are recommended to improve crossing safety for pedestrians and bicyclists. • New Wayfinding Sign -Wayfinding signs would include information about directions to trail connections and destinations, and could include trail maps. Several wayfinding signs are suggested around the Hwy 62 ped/bike tunnel to make walkers and bikers aware of the grade-separated crossing. ISSUES & OPPORTUNITIES An analysis of the existing system includes planned bike and ped projects and potential opportunities for new facilities in the city. City Council | Tuesday, November 1, 2022 | Page 190 of 238 17 BIKE AND PEDESTRIAN PLAN ISSUES AND OPPORTUNITIES MAP City Council | Tuesday, November 1, 2022 | Page 191 of 238 18 MENDOTA HEIGHTS, MINNESOTADRAFT LAND USE RETAIL AND EMPLOYMENT DESTINATIONS Trails and other non-motorized facilities are located mainly in residential destinations in Mendota Heights. Existing retail and employment destinations in the city and in nearby cities lack sufficient walk, bike, and roll access to encourage residents to commute to work without a vehicle. Village at Mendota Heights, Mendota Plaza, and Two Rivers High School have the most trail access, as they are within the major residential context. Other office and industrial areas in the southwest part of the city lack trail access. MULTIFAMILY HOUSING Multifamily housing locations in the city indicate potential concentrations of SHIP priority populations. These areas are particularly important for providing safe and connected walking, biking, and rolling facilities. Multifamily housing are scattered throughout the community and in adjacent communities. Several sites are located along Hwy 13, Dodd Rd/TH 149, along 35E, and along Hwy 55. Improving crossings of barriers (major roadways) within the community will improve connectivity for multifamily housing sites. ESSENTIAL CONNECTIONS Pedestrian and bicycle access between multi family housing/senior housing, schools, grocery stores, and parks, are essential for addressing the needs of SHIP priority populations. A trail facility along the entire length of Dodd Rd / TH 149 would greatly improve connectivity for many of those land uses listed above. Additional connectivity could be achieved by improving road crossings throughout the community as there are several barriers. Chapter 1 - Introduction & Background City of Mendota Heights 2040 Comprehensive Plan Update 18 Table 1-1. Public School Enrollment for K-12 Schools within the City of Mendota Heights: 2007-08 vs. 2018-19 School Years School Grades 2007-08 Total Enrollment 2018-19 Total Enrollment Percent Change 2007-08 to 2015-16 Mendota Elementary School K - 4th 360 388 8% Somerset Elementary School K - 4th 318 419 32% Friendly Hills Middle School 5th - 8th 597 727 22% Henry Sibley High School 9th - 12th 1,462 1,477 1% There are six public and private schools offering kindergarten through 12th grade located within the City of Mendota Heights: Mendota Elementary School, Somerset Elementary School, Friendly Hills Middle School, Henry Sibley High School, St. Thomas Academy, and Visitation School. The previous table provides a breakdown of enrollment of the K-12 public schools located within the city at the start of the 2007 - 2008 school year compared with the 2015-2016 school year. Table 1-2. Private School Enrollment for K-12 Schools within the City of Mendota Heights: 2007-08 vs. 2018-19 School Year School Grades 2007-08 Total Enrollment 2018-19 Total Enrollment Percent Change 2007-08 to 2015-16 St. Thomas Academy 6th - 12th 695 632 -10% Visitation School Montessori - 12th 600 585 -2.5% Source: St. Thomas Academy and Visitation School websites The number of students enrolled in private schools within the city was 1,201 during the 2015- 16 school year, down from the 2007-2008 school year, when 1,295 students were enrolled in private schools. SCHOOLS IN MENDOTA HEIGHTS AND THEIR ENROLLMENT (from the City’s 2040 Comprehensive Plan) City Council | Tuesday, November 1, 2022 | Page 192 of 238 19 BIKE AND PEDESTRIAN PLAN Retail and Employment Destinations Multifamily Housing MSP AIRPORT INDUSTRIAL & OFFICE USES ST. THOMAS ACADEMY & VISITATION SCHOOLS TWO RIVERS HIGH SCHOOL VILLAGE AT MENDOTA HEIGHTS MENDOTA PLAZA OFFICE USES CITY OF MENDOTA HEIGHTS LAND USE City Council | Tuesday, November 1, 2022 | Page 193 of 238 20 MENDOTA HEIGHTS, MINNESOTADRAFT REGIONAL BICYCLE TRANSPORTATION NETWORK (RBTN) The Metropolitan Council has identified priority RBTN corridors throughout the metro area. In Mendota Heights, Dodd Rd, south of Hwy 62, identified as a Tier 1 Priority RBTN corridor. City Council | Tuesday, November 1, 2022 | Page 194 of 238 21 BIKE AND PEDESTRIAN PLAN POPULATION IN POVERTY BY CENSUS TRACT This map identifies areas of the city that have higher concentrations of people living in poverty. These areas include the northern area where there is older housing stock and a few sites of multifamily housing. More emphasis and priority should be placed on providing safe connections from this area of the city to destinations within the city. City Council | Tuesday, November 1, 2022 | Page 195 of 238 22 MENDOTA HEIGHTS, MINNESOTADRAFT EDUCATION Provide educational opportunity for people to learn to walk, bike, and roll safely; Provide opportunity for motorized movers to learn to watch for non-motorized movers; informing law enforcement; informing legislators of the importance and value of biking and walking Wayfinding signage; Etiquette signage; Bike Rodeo; Safety Camp ENGINEERING Identification of physical barriers to walking and biking; infrastructure improvements to facilitate walking and biking, such as crossings, trails, sidewalks, on-street facilities, bike parking, etc. Develop crossing improvements, new trails, and sidewalks throughout the community; Develop Safe Routes to School Plans within the city and implement them; Maintain the ped/bike system ENCOURAGEMENT Programs that get people excited about walking or biking, advertising and promotional campaigns, outreach, events, etc.Develop an online map of ped/bike routes and loops; Provide information about destinations and distances by ped/bike; Folks on Spokes (city program, partnership with West St. Paul and South St. Paul) ENFORCEMENT Law enforcement support for both motorized and non- motorized users; appropriately enforce rules and laws to keep people safe Work with law enforcement officers to ensure drivers and bicyclists follow the rules of the road or issue penalties; Dog walkers need to control their dogs while walking on trails and other facilities EQUITY Traffic codes and rules that treat non-motorized movers as equal users of the transportation system; equal access to facilities and destinations for all movement types Review rules within the community and access to ensure that community members of all ages and abilities are able to access bike and ped facilities EXPERIENCE Making transportation an experience by design for both motor and non-motor vehicles. Focus on safety, views, destinations, etc. Promotion of outdoor recreation; Greenway goals; Understand that Mendota Heights is a poorly lit community, which impacts safety (law enforcement recently made reflecting sashes for cyclists and walkers) ETHICS Values-based decision-making process that is centered on ethics, empathy, and equity Elected officials should value biking and walking facilities on an equal level with motorized facilities EVALUATION Determine if the system is providing valuable and accessible facilities; evaluate the number of users of the ped/bike system Currently evaluating the system with surveys/engagement; Metrics (do complaints go down?); Look at Strava numbers for usership of trails; Evaluate StreetLight data regarding biking and walking RECOMMENDATIONS RECOMMENDATIONSPLAN STRATEGIES & ORGANIZATION The following “E” categories are used to identify various types of projects and programs that can be used to implement strategies in the Bike and Pedestrian Plan. EDUCATION ENGINEERING ENCOURAGEMENT ENFORCEMENT EQUITY EXPERIENCE ETHICS EVALUATION DEFINITION RECOMMENDATIONS City Council | Tuesday, November 1, 2022 | Page 196 of 238 23 BIKE AND PEDESTRIAN PLAN Etiquette signage Wayfinding Bike classes EDUCATION The city’s bike and pedestrian system must include efforts to: • Educated people to walk and bike safely • Educate motorized movers to watch for non-motorized movers • Inform law enforcement of new city laws and policies • Inform legislators of the importance and value of biking and walking RECOMMENDATIONS • Collaborate with Dakota County to install Wayfinding Signage to direct bicyclists and pedestrians to Hwy 62 underpass (see map below). Public engagement indicated that many bikers and walkers are not aware of the tunnel under Hwy 62, just east of Dodd Rd. Signs should be placed at all potential locations, north/east/south/west of the tunnel to direct people to access the tunnel safely. • Install Etiquette Signage along busy trail segments -Signs along trails that inform users to share the trail with multiple users, yield to pedestrians and those with disabilities, alert people on the trail when passing (on bikes), and to pick up after pets • Bike Rodeo: -Bike safety fair or event to demonstrate safe riding to children, bike on a designated course or loop, and get free helmets and other bike gear • Explore and utilize “Walk! Bike! Fun!” -MNDOT’s curriculum targeted to youth walking and biking safety • Safety Camp: -Many communities offer half day to full day safety camps for kids where they can learn about bike safety and helmet use, as well as general safety tips from police and Safety camp RECOMMENDED WAYFINDING SIGN LOCATIONS Crossings / Improvements Existing Tunnel Existing At Grade Xing (East/West) Existing At Grade Xing (North/South) Existing Bridge Crossing Existing At Grade Xing (Both Ways) Proposed Dak Co. Tunnel Proposed At-Grade X-ing Enhancement New Wayfinding Sign Crossings / Improvements Existing Tunnel Existing At Grade Xing (East/West) Existing At Grade Xing (North/South) Existing Bridge Crossing Existing At Grade Xing (Both Ways) Proposed Dak Co. Tunnel Proposed At-Grade X-ing Enhancement New Wayfinding Sign Crossings / Improvements Existing Tunnel Existing At Grade Xing (East/West) Existing At Grade Xing (North/South) Existing Bridge Crossing Existing At Grade Xing (Both Ways) Proposed Dak Co. Tunnel Proposed At-Grade X-ing Enhancement New Wayfinding Sign City Council | Tuesday, November 1, 2022 | Page 197 of 238 24 MENDOTA HEIGHTS, MINNESOTADRAFT ENGINEERING This section includes the physical pieces of the bike and ped system: physical barriers to walking and biking and recommended infrastructure improvements to facilitate walking and biking, such as road crossings, trails, sidewalks, and on-street facilities, etc. BARRIERS Physical barriers to walking and biking include major highways and arterial roads that lack pedestrian or bike facilities or crossings, gaps in trail connections, and other major land or water features that are not crossable by bike or by foot. The map below identifies major barriers to walking and biking in Mendota Heights: SYSTEM BARRIERS DIAGRAM Greenways Potential Future Greenway Ex City Trail (Future Greenway) Major Road - Barrier Crossings / Improvements Greenways Potential Future Greenway Ex City Trail (Future Greenway) Major Road - Barrier Crossings / Improvements Greenways Potential Future Greenway Ex City Trail (Future Greenway) Major Road - Barrier Crossings / ImprovementsRECOMMENDATIONS• Interstates 35E and 494 • Hwy 62 • Hwy 55 • Segment of Hwy 13 where there is steep topography and there is no trail • Segment of Delaware Ave. where there are steep shoulders and no trail facility City Council | Tuesday, November 1, 2022 | Page 198 of 238 25 BIKE AND PEDESTRIAN PLAN RECOMMENDATIONS & SYSTEM COMPONENTS • Develop crossing improvements, including at-grade improvements, such as signage, signals, and surface treatments. Consider artistic crosswalk markings to slow traffic and call attention to bicyclists and pedestrians at crossings near schools and parks. • Build new trails and sidewalks throughout the community • Develop Safe Routes to School Plans and follow through on recommendations from existing plans • Maintain the ped/bike system • Urge MNDOT to follow through on trail on Dodd. Consider upcoming road projects that could be paired with trail development. • Mendota Heights will consider adding sidewalks and trails to existing roadways at the time of re-construction or replacement. COMPONENT PED BIKE FACILITY EXAMPLES DAKOTA COUNTY GREENWAYS (off street, bituminous, 10’ wide trail, destination trails) • Mendota-Lebanon Hills Regional Greenway • Minnesota River Regional Greenway (incl. Big Rivers Regional Trail) • River to River Greenway OFF STREET BITUMINOUS TRAIL (6’-8’ wide paved trail) • Trail along Mendota Heights Rd • Trail along Wagon Wheel Rd • Trail along portions of Lexington Ave WIDE SHOULDERS ON- STREET • Shoulders along Dodd Road • Shoulders along Hwy 55 SIDEWALKS (4-6’ wide concrete walks) • Sidewalks in front of business in The Village at Mendota Heights • Southeastern MH, along Field Stone Drive and Watersedge Terrace GRADE-SEPARATED CROSSING • Tunnel under Hwy 62, east of Dodd Rd AT-GRADE CROSSING • Painted markings on street, cross walk, yellow alert signage, flashing lights PROTECTED BIKE LANE • On-street bike lanes that are separated by plastic bollards or concrete curb to provide visual separation from traffic Dakota County Greenways Off Street Bituminous Trail Wide Shoulders On-Street Sidewalks Underpass At-Grade crossing Protected bike lane SYSTEM COMPONENTS The physical infrastructure that makes up the bike and pedestrian system in Mendota Heights include the following types of facilities: City Council | Tuesday, November 1, 2022 | Page 199 of 238 26 MENDOTA HEIGHTS, MINNESOTADRAFTRECOMMENDATIONSRECOMMENDED CROSSING IMPROVEMENTS Make improvements at the following recommended locations in order to improve safety throughout the city. Employ elements, such as: enhanced crosswalk markings and artistic crosswalks, pedestrian refuge islands, HAWK signals and lighting, warning signage, speed bumps to slow traffic ahead of crossings, and other surface treatments. A more detailed evaluation of each location is needed to identify the most effective improvement. The locations in the table below were identified by public input and city staff identification of proposed and planned projects. Crosswalk reflectors Pedestrian refuge island HAWK crossing system Artistic crosswalk design ID PROJECT STATUS PROJECT PARTNERS 2 Crossing improvement at intersection of Chippewa Ave and Annapolis St W Planned City 3 Crossing improvement at intersection of Highway 13 and Annapolis St W Pl;anned MNDOT 10 Crossing improvement at intersection of Delaware Ave (CR63) and Dodd Rd Planned City / Dakota County 12 Crossing improvement at intersection of Delaware Ave (CR63) and Emerson Ave Planned City / Dakota County 13 Crossing improvement at intersection of Delaware Ave (CR63) and Wentworth Ave Planned City / Dakota County 14 Crossing improvement at intersection of Delaware Ave (CR63) and Marie Ave Planned City / Dakota County 16 Crossing improvement at intersection of Emerson Ave and Dodd Rd (Hwy 149) Planned MNDOT 20 Crossing improvement at intersection of Sylvandale Rd and Wachtler Ave Proposed City 21 Crossing improvement at intersection of Riverside Ln and Highway 13 Proposed MNDOT 23 Crossing improvement at intersection of Wentworth Ave and Wachtler Ave Completed City 26 Crossing improvement at intersection of Delaware Ave (CR63) and Preserve Path Planned City / Dakota County 27 Crossing improvement at intersection of Hilltop Rd and Dodd Rd (Hwy 149) Proposed MNDOT 28 Crossing improvement at intersection of Delaware Ave (CR63) and Highway 62 Proposed MNDOT 31 Crossing improvement at intersection of Victoria Curve and Highway 62 Proposed MNDOT 35 Crossing improvement at intersection of Lexington Ave and Wagon Wheel Proposed City 36 Grade-separated crossing improvement at intersection of Dodd Rd (Hwy 149) at Highway 62, tunnel under TH 149 as part of River to River Greenway Planned City / MNDOT / Dakota County 37 Crossing improvement at intersection of S Plaza Dr and Dodd Rd (Hwy 149) Proposed MNDOT 38 Crossing improvement at intersection of Wagon Wheel Rd and Dodd Rd (Hwy 149) Proposed MNDOT 41 Crossing improvement at intersection of Mendota Hts Rd and Huber Dr Proposed City City Council | Tuesday, November 1, 2022 | Page 200 of 238 27 BIKE AND PEDESTRIAN PLAN CROSSING IMPROVEMENTS Crossings / Improvements Existing Tunnel Existing At Grade Xing (East/West) Existing At Grade Xing (North/South) Existing Bridge Crossing Existing At Grade Xing (Both Ways) Proposed Dak Co. Tunnel Proposed At-Grade X-ing Enhancement New Wayfinding Sign Crossings / Improvements Existing Tunnel Existing At Grade Xing (East/West) Existing At Grade Xing (North/South) Existing Bridge Crossing Existing At Grade Xing (Both Ways) Proposed Dak Co. Tunnel Proposed At-Grade X-ing Enhancement New Wayfinding Sign Crossings / Improvements Existing Tunnel Existing At Grade Xing (East/West) Existing At Grade Xing (North/South) Existing Bridge Crossing Existing At Grade Xing (Both Ways) Proposed Dak Co. Tunnel Proposed At-Grade X-ing Enhancement New Wayfinding Sign 23 10 12 13 14 16 20 21 23 26 27 2831 35 36 37 38 41 City Council | Tuesday, November 1, 2022 | Page 201 of 238 28 MENDOTA HEIGHTS, MINNESOTADRAFT Side slopes should be vegetated with native plantings to provide habitat and visual interest GRADE SEPARATED CROSSING Tunnels and bridges can provide safe crossings for cyclists and pedestrians under or over busy roadways. This facility is used frequently along Dakota County greenways and provides a continuous trail experience. City Council | Tuesday, November 1, 2022 | Page 202 of 238 29 BIKE AND PEDESTRIAN PLAN Pedestrian crossing signal Intersection lighting Pedestrian awareness signs High-visibility crosswalk pattern with reflectors Buffer separates pedestrians from vehicular traffic. Keep well- maintained for turning vehicles sight line Pedestrian refuge with solar-powered crossing sign STREET LIGHTING Adequate lighting is important to pedestrian and bicyclist safety. This is particularly true at intersections and road crossings that should be well lit to improve safe crossings and reduce crashes with motor vehicles. Lighting should be installed at all intersections and particularly at those intersections that have regular pedestrian and bicycle crossing activity. AT GRADE CROSSING IMPROVEMENTS Depending on the street configuration, street width, and whether or not the crossing is at an intersection or mid-block location, a variety of at grade crossing improvements may be utilized: highly visible crosswalk markings, pedestrian refuge/island, lighting and HAWK signals, among other improvements. City Council | Tuesday, November 1, 2022 | Page 203 of 238 30 MENDOTA HEIGHTS, MINNESOTADRAFTRECOMMENDATIONSMultiuse paved trails Striped paved shared use trails Greenways Potential Future Greenway Ex City Trail (Future Greenway) Local Bike Ped System Offstreet Bituminous (6-8') Planned Trail Trail Gaps Crossings / Improvements Existing Tunnel Existing At Grade Xing (East/West) Existing At Grade Xing (North/South) Existing Bridge Crossing Existing At Grade Xing (Both Ways) Proposed Dak Co. Tunnel Proposed At-Grade X-ing Enhancement New Wayfinding Sign Greenways Potential Future Greenway Ex City Trail (Future Greenway) Local Bike Ped System Offstreet Bituminous (6-8') Planned Trail Trail Gaps Greenways Potential Future Greenway Ex City Trail (Future Greenway) Local Bike Ped System Offstreet Bituminous (6-8') Planned Trail Trail Gaps RECOMMENDED TRAIL PROJECTS MAP ID PROJECT STATUS PROJECT PARTNER 1 Future sidewalk on east side of Delaware Ave (CR63) connecting ex sidewalk to Dodd Rd Planned City / Dakota County 4 Future sidewalk on south side of Annapolis St W between Chippewa Ave and Delaware Ave Proposed City 7 Future trail connection from Ivy Hills Park to Brompton Pl cul-de-sac Not Feasible City 8 Future trail connection along Highway 13 from Sylvandale Rd to Annapolis St W Proposed MNDOT 11 Future trail connection along Delaware Ave (CR63) between Dodd Rd and Marie Ave Planned City / Dakota County 15 Future trail connection along Dodd Rd (Hwy 149) between Delaware Ave and Wesley Ln Proposed City 18 Future trail connection between existing trail at Somerset Elementary and Sylvandale Rd Proposed City 22 Future trail connection along Highway 13 from Riverside Ln to Lilydaye Rd bridge Proposed MNDOT 24 Future trail connection along Wentworth Ave between Delaware Ave and Dodd Rd Proposed City / Dakota County 30 Future trail connection along Victoria Curve from Hunter Ln to Highway 62 intersection Planned City 32 Future trail connection along Pilot Knob Rd from Acacia Blvd to Sibley Memorial Highway Proposed City 34 Future trail connection along Lexington Ave from Cullen Ave to Highway 62 Proposed City / Dakota County 39 Future trail connection along S Plaza Dr from Dodd Rd (Hwy 149) to N Plaza Dr Planned City 42 Future trail connection Delaware Ave (CR63) between Highway 62 and Huber Drive Proposed City / Dakota County RECOMMENDED TRAIL PROJECTS The following projects are planned or proposed off-street trails that would enhance connectivity in the city. These projects will be completed by the city, or in partnership with Dakota County, or MNDOT as appropriate. Planned trails have been identified as an upcoming project, while proposed trails may fill trail gaps or be otherwise desired, but have not yet been identified as an upcoming project. Protected bike lanes are not specifically recommended within this plan, but could be considered as a facility option where there is not space for a physically separated trail facility. 1 4 7 8 11 15 1822 24 30 32 34 39 42 City Council | Tuesday, November 1, 2022 | Page 204 of 238 31 BIKE AND PEDESTRIAN PLAN SIDEWALKS Local Bike Ped System Existing Sidewalk Lilydale Pedestrian Trail (outside Mendota Hts) Dodge Nature Center Trails Local Bike Ped System Existing Sidewalk Lilydale Pedestrian Trail (outside Mendota Hts) Dodge Nature Center Trails Crossings / Improvements Existing Tunnel Existing At Grade Xing (East/West) Existing At Grade Xing (North/South) Existing Bridge Crossing Existing At Grade Xing (Both Ways) Proposed Dak Co. Tunnel Proposed At-Grade X-ing Enhancement New Wayfinding Sign SIDEWALKS Few sidewalks exist in the city today due to several housing developments having been constructed without them. New sidewalks are proposed at two locations in the northern, urban part of the city. As sidewalks are meant to be used by pedestrians and not cyclists, recommended investments are focused on providing more multi-use trails in the community. In general, as redevelopment or new development occurs, the city should recommend sidewalks be installed to add connectivity to the city. The Lilydale Pedestrian Trail is a City of Lilydale project. School crossing with patrol SAFE ROUTES TO SCHOOL Recommendations from previous Safe Routes to School planning are listed on pages 12 and 13 of this report. Collaborate with school partners to continue implementing completed Safe Routes to School Plans. Crosswalk striping Winter trail and sidewalk care BIKE AND PEDESTRIAN SYSTEM MAINTENANCE Several comments from the public engagement process indicated a desire for better trail maintenance in the city. Throughout the spring, fall, and winter, weather may affect trail surfaces and impact the usability for some user groups, especially those who bike or roll. It is recommended that the city make it a priority to routinely evaluate trails, and other bike and ped facility conditions and make improvements where necessary. City Council | Tuesday, November 1, 2022 | Page 205 of 238 32 MENDOTA HEIGHTS, MINNESOTADRAFTRECOMMENDATIONSFigure 1. New Trails 2’ mown edge/clear zone on both side os the trail for maintained feel Wayside Rest Areas could consist of wayfinding signage, shade structures, trash and recycling bins, pet waste stations, restrooms, bike parking, seating, bike repair stands, and other amenitiesWhen used, trail striping can help direct the flow of traffic and illustrates allowed uses DAKOTA COUNTY GREENWAYS Off-street bituminous trails, multi-use trails, and shared-use paths are paved routes, typically 10 feet wide that can be used by bicyclists, walkers, runners, rollerbladers, and other non-motorized users. City Council | Tuesday, November 1, 2022 | Page 206 of 238 33 BIKE AND PEDESTRIAN PLAN Vegetative trail buffer helps separate bikes and pedestrians from vehicular traffic, instilling a greater sense of safety while offering opportunities for landscaping, lighting, and signage Pedestrian-scale lighting helps trail users feel secure any time of day SHARED-USE PATHS Off-street bituminous trails, multi-use trails, and shared-use paths are paved routes, typically 8-10 feet wide that can be used by bicyclists, walkers, runners, rollerbladers, and other non-motorized users. City Council | Tuesday, November 1, 2022 | Page 207 of 238 34 MENDOTA HEIGHTS, MINNESOTADRAFTRECOMMENDATIONSPROTECTED BIKE LANES These facilities can be used in road corridors where there is not sufficient right-of-way to add a separate shared- use path. Bollards help separate bikes and pedestrians from vehicle traffic, increasing sense of safety and security along the trail High-visability road markings 5’ PROTECTED BIKE LANE City Council | Tuesday, November 1, 2022 | Page 208 of 238 35 BIKE AND PEDESTRIAN PLAN DESIRED TRAIL CONNECTIONS Local Bike Ped System Desired Trail Connections (Public Identified as Desired Future Trail Connections, Areas Contain Feasibility Issues) Local Bike Ped System Desired Trail Connections (Public Identified as Desired Future Trail Connections, Areas Contain Feasibility Issues) Crossings / Improvements Existing Tunnel Existing At Grade Xing (East/West) Existing At Grade Xing (North/South) Existing Bridge Crossing Existing At Grade Xing (Both Ways) Proposed Dak Co. Tunnel Proposed At-Grade X-ing Enhancement New Wayfinding Sign ID PROJECT PROJECT TYPE STATUS 6 Future trail connection along Butler Ave W between Chippewa and Ivy Hills Park New paved bike/ped connection, off-street Challenging 9 Future trail connection along Highway 13 from Wachtler Ave to Sylvandale Rd New paved bike/ped connection, off-street Challenging 25 Future trail connection along Wachtler Ave from Wentworth Ave to existing Valley Park trail New paved bike/ped connection, off-street Challenging 27 Crossing improvement at intersection of Hilltop Rd and Dodd Rd (Hwy 149) At-grade crossing enhancement Challenging 29 Future trail connection along Lexington Ave from Douglas Rd to Highway 13 New paved bike/ped connection, off-street Challenging 33 Future trail connection along Lexington Ave from Wagon Wheel Rd to Cullen Ave New paved bike/ped connection, off-street Challenging 40 Future trail connection along Dodd Rd (Hwy 149) between Mendota Hts Rd and Interstate 494 New paved bike/ped connection, off-street Challenging 43 Future trail connection Delaware Ave (CR63) between Wagon Wheel Rd and Interstate 494 New paved bike/ped connection, off-street Challenging DESIRED TRAIL CONNECTIONS Due to several potential physical challenges, such as topography, land ownership/narrow right-of- way, and others, the following projects are identified as desirable, but challenging to construct. This list is included in the plan as these trail connections were identified by community members during the public engagement process. If in the future, there is potential funding or other opportunities to construct these trails, they may shift to proposed or planned trails. 6 9 25 27 29 33 40 43 City Council | Tuesday, November 1, 2022 | Page 209 of 238 36 MENDOTA HEIGHTS, MINNESOTADRAFT ENCOURAGEMENT Encourage community members and visitors of Mendota Heights to participate in walking, biking and rolling though advertising and promotional campaigns, outreach, programs and events. RECOMMENDATIONS • Develop an online map of ped/bike routes and loops: post the information at local bike shops, in the lobby of City Hall, and at local retail destinations • Provide information about destinations and distances by foot and by bike throughout the city to encourage residents to make local trips without vehicles. • Encourage community-wide Bike to Work or Bike to School days to encourage those who may not typically bike commute to give it a try and potentially continue the practice. • Work with employers, schools, or retailers to offer incentives for those who bike or walk commute. • Continue to organize and promote local bike events, such as Folks on Spokes, where community members gather to participate in a monthly bike ride. The rides are casual and social events with routes that range between seven and 15 miles. • Partner with adjacent communities (Lilydale, Mendota, West St. Paul, South St. Paul, St. Paul, and Eagan) to provide and promote information and programs about biking and walking throughout the area. • Continue ongoing communication with the Thompson Park Activity Center walking group to encourage walking in Mendota Heights and to respond to desires for facilities and amenities. Bike or walk to school days Bike to work days Encouragement via marketing materials Reward programsRECOMMENDATIONS City Council | Tuesday, November 1, 2022 | Page 210 of 238 37 BIKE AND PEDESTRIAN PLAN Pet control Enforcing rules of the road ENFORCEMENT It is important that local law enforcement provide support for both motorized and non-motorized users and appropriately enforce rules and laws to keep people safe, while keeping in mind that enforcement can impact specific populations disportionately. RECOMMENDATIONS: • Work with law enforcement officers to identify methods that will ensure drivers and bicyclists follow the rules of the road or issue penalties. • Evaluate speed limits within the community to identify corridors where speed limits should be reduced to enhance bicycle and pedestrian safety. • Promote the policy that dog walkers need to control their dogs while walking on trails and other facilities. Dogs should not be off-leash while walking on public trails. • Post trail etiquette signs along trails that identify penalties for not following local laws. • Develop a policy for E-bikes on trails. Pet rules signage City Council | Tuesday, November 1, 2022 | Page 211 of 238 38 MENDOTA HEIGHTS, MINNESOTADRAFT Addressing language barriers Following ADA standards Public transportation access to facilities Map of the Existing Transit System from the City’s 2040 Comprehensive Plan UpdateRECOMMENDATIONSEQUITY Communities must create traffic codes and rules that treat non-motorized movers as equal users of the transportation system to motorized vehicles. There should be equal access to facilities and destinations for all movement types and abilities. RECOMMENDATIONS • Review policies and practices within the community to ensure that community members of all ages and abilities are able to access bike and ped facilities. • Evaluate access to non-motorized transportation facilities, including transit routes and stops (see map below from the city’s Comprehensive Plan update), especially near senior housing and multi-family housing. • Adopt a Complete Streets policy and follow it for all new locally constructed roads in the city. • Follow the 8 to 80 rule. Design local roads to work for all members of society, from age 8 up to age 80 and everyone in between. • Ensure all facilities are designed to meet ADA accessibility standards. • Consider signage with symbology or multiple languages where appropriate. • Prioritize areas around schools and high density residential housing when implementing bike and pedestrian facilities. Accessible design details Chapter 3 - Transportation City of Mendota Heights 2040 Comprehensive Plan Update 20 Transportation services for seniors and persons with disabilities is provided by Dakota Areas Resources and Transportation for Seniors. DARTS Loop Transportation services are provided in the neighboring communities of West St. Paul and South St. Paul, which offers transit options for residents tailored to the community preferences, with affordable all-you-can ride fares, and allows riders to get on and off any stops along a continuous one-hour LOOP route. The City of Mendota Heights should explore or seek reliable transit and transportation alternatives for its residents, especially as the community’s population ages. MENDOTA LILYDALE PICKEREL LAKEMISSISSIPPI RIVERMINNESO T A RI V E R ROGERS LAKELAKE AUGUSTA LA K E L EMA Y GUN CLUB LAKE DODD RD417 417 415446 436 436 446 415 470470446 452 452 480 484 489 446 75 417 436 446 446 417 446 417 DELAWARE AVEDELAWARE AVESIBLEY MEMORIAL HWYMARIE AVE W LEXINGTON AVELILYDALE RDPILOT KNOB RDHUBER DR SI BL EYMEMORIALNORTHLAND DR WENTWORTH AVE WWACHTLER AVEWAGON WHEEL TRLHUNTER LNORCHARD PL VICTORIA RD SIVY FALLS AVE Existing Transit Mapµ0 3,000 6,000 Feet Transit Stops Transit Routes Planned Express Bus Corridor City of Mendota Heights Open Water City of Mendota Heights Source: Metropolitan Council, 2016 June 2019 FIGURE 3-3 Created: June 2019, Source: Metropolitan Council, 2016 Map 3-3. Existing Transit System MENDOTA LILYDALE PICKEREL LAKEMISSISSIPPI RIVER MINNESO T A RI V E R ROGERS LAKELAKE AUGUSTA LA K E L EMA Y GUN CLUB LAKE DODD RD 417 417 415446 436 436 446 415 470470446 452 452 480 484 489 446 75 417 436 446 446 417 446 417 DELAWARE AVEDELAWARE AVESIBLEY MEMORIAL HWY MARIE A V E W LEXINGTON AVELILYDALE RDPILOT KNOB RD HUBER D R SI BL EYMEMORIALNORTHLAND D R WENTWORTH A V E WWACHTLER AVE WAGON W H E E L T R LHUNTER LN ORCHARD P L VICTORIA RD S IVY FALLS AVE Existing Transit Mapµ0 3,000 6,000 Feet Transit Stops Transit Routes Planned Express Bus Corridor City of Mendota Heights Open Water City of Mendota Heights Source: Metropolitan Council, 2016 June 2019 FIGURE 3-3 MENDOTA LILYDALE PICKEREL LAKEMISSISSIPPI RIVER MINNESO T A RI V E R ROGERS LAKELAKE AUGUSTA LA K E L EMA Y GUN CLUB LAKE DODD RD 417 417 415446 436 436 446 415 470470446 452 452 480 484 489 446 75 417 436 446 446 417 446 417 DELAWARE AVEDELAWARE AVESIBLEY MEMORIAL HWY MARIE A V E W LEXINGTON AVELILYDALE RDPILOT KNOB RD HUBER D R SI BLEYMEMORIALNORTHLAND D R WENTWORTH A V E WWACHTLER AVE WAGON W H E E L T R LHUNTER LN ORCHARD P L VICTORIA RD S IVY FALLS AVE Existing Transit Mapµ0 3,000 6,000 Feet Transit Stops Transit Routes Planned Express Bus Corridor City of Mendota Heights Open Water City of Mendota Heights Source: Metropolitan Council, 2016 June 2019 FIGURE 3-3 City Council | Tuesday, November 1, 2022 | Page 212 of 238 39 BIKE AND PEDESTRIAN PLAN Safe trails and sidewalks in all developments Bench seating Shade trees Vegetative buffer EXPERIENCE The experience of walking or biking to destinations for transportation, exercise, or leisure, should be enjoyable. Making transportation an experience by design for both motor and non-motor vehicles is important to encouraging use of trails and bikeways. The design of bike and pedestrian facilities should include considerations of safety, views, destinations, shade, noise, and other factors, as appropriate. RECOMMENDATIONS • Promote outdoor recreation by designing high quality trail experiences within the community. Include amenities along trails to provide supportive experiences: -Shade trees that provide protection from the sun and buffer noise from traffic -Bench seating at trailheads, parks, and along the trail to support long walking and biking trips -Vegetative buffers and native plantings that provide habitat and stormwater management in urban and developed areas -In narrow street corridors, provide a physical barrier between bike lanes and traffic in order to create a safer experience • Work with Dakota County to develop, enhance, and promote the greenway system: -The greenways are a connected network of off-road, multi-use trails. -Greenway trails connect to other local, regional, and state trails in order to provide loops of various distances for users of all ages and abilities. -Greenways connect schools, parks, civic locations, and commercial and retail destinations, in order to provide corridors for commuting and recreation. -Greenway corridors provide habitat restoration areas and water quality improvements that benefit the environment. • Recognize that Mendota Heights is a poorly lit community, where there are few streetlights. The lack of night time lighting impacts early morning and evening walkers and cyclers in the spring and fall seasons. Consider the following: -Install additional safety measures, such as warning signage for vehicles to watch out for non-motorized users. -Encourage night time walkers and cyclers to have their own lights and wear reflective clothing. Hardscape buffer City Council | Tuesday, November 1, 2022 | Page 213 of 238 40 MENDOTA HEIGHTS, MINNESOTADRAFT Campaigns Making decisions Sharing the road Complete Streets PolicyRECOMMENDATIONS ETHICS Community leaders and decision makers should prioritize all members of the community, all ages and abilities, all income levels, and all backgrounds – with special attention to historically marginalized communities – in order to provide comprehensive community services. Ethics includes a values-based decision-making process that is centered on ethics, empathy, and equity. RECOMMENDATIONS: • Transparent decision-making and public engagement will encourage community members to encourage public officials to value biking and walking facilities on an equal level with motorized facilities. • When developing city budgets, give equal weight to developing, repairing, and maintaining bicycle and pedestrian facilities as to streets and roads. • Develop and implement policies that support walking and bicycling in the city. • 9 Chapter 2 - Land Use & Growth City of Mendota Heights 2040 Comprehensive Plan Update MENDOTA LILYDALE PICKEREL LAKEMISSISSIPPI RIVER MINNESO T A RI V E R ROGERS LAKELAKE AUGUSTA LA K E L EMA Y GUN CLUB LAKE DODD RDDODD RDDELAWARE AVESIBLEY MEMORIAL HWY MARIE A V E W MENDOTA H E I G H T S R DLEXINGTON AVELILYDALE RDPILOT KNOB RD HUBER D R SI BL EYMEMORIALNORTHLAND D R WENTWORTH A V E WWACHTLER AVE WAGON W H E E L T R L MENDOTA RDHUNTER LN ORCHARD P L VICTORIA RD S IVY FALLS AVE Existing Land Use Map City of Mendota Heights µ0 3,000 6,000 Feet June 2019 Source: City of Mendota Heights, 2017 FIGURE 2-2 Park/Open Space Mixed-Use - PUD Rural Residential Low Density Residential Medium Density Residential Medium Density Residential - PUD High Density Residential High Density Residential - PUD Business Limited Business Mixed Use - PUD Industrial City Facilities Schools (Public Private) Churches Synagogues Cemetery Parks/Open Space Golf Course Right-of-Way Open Water Wetland City Boundary City Boundary Rural Residential Low Density Residential Medium Density Residential Medium Density Residential - PUD High Density Residential High Density Residential - PUD Business Limited Business Industrial City Facilities Schools (Public/Private) Churches Synagogues Cemetery Golf Course: Large/Small Right-of-Way Open Water Wetland Map 2-2. Existing Land Use MENDOTA LILYDALE PICKEREL LAKEMISSISSIPPI RIVERMINNESO T A RI V E R ROGERS LAKELAKE AUGUSTA LA K E L EMA Y GUN CLUB LAKE DODD RDDODD RDDELAWARE AVESIBLEY MEMORIAL HWYMARIE AVE W MENDOTA HEIGHTS RDLEXINGTON AVELILYDALE RDPILOT KNOB RDHUBER DR SI BL EYMEMORIALNORTHLAND DR WENTWORTH AVE WWACHTLER AVEWAGON WHEEL TRL MENDOTA RDHUNTER LNORCHARD PL VICTORIA RD SIVY FALLS AVE Existing Land Use Map City of Mendota Heights µ0 3,000 6,000 Feet June 2019 Source: City of Mendota Heights, 2017 FIGURE 2-2 Park/Open Space Mixed-Use - PUD Rural Residential Low Density Residential Medium Density Residential Medium Density Residential - PUD High Density Residential High Density Residential - PUD Business Limited Business Mixed Use - PUD Industrial City Facilities Schools (Public Private) Churches Synagogues Cemetery Parks/Open Space Golf Course Right-of-Way Open Water Wetland City Boundary City Boundary Rural Residential Low Density Residential Medium Density Residential Medium Density Residential - PUD High Density Residential High Density Residential - PUD Business Limited Business Industrial City Facilities Schools (Public Private) Churches Synagogues Cemetery Golf Course Right-of-Way Open Water Wetland Created June 2019, Source: City of Mendota Heights, 2017 MENDOTA LILYDALE PICKEREL LAKEMISSISSIPPI RIVER MINNESO T A RI V E R ROGERS LAKELAKE AUGUSTA LA K E L EMA Y GUN CLUB LAKE DODD RDDODD RDDELAWARE AVESIBLEY MEMORIAL HWY MARIE A V E W MENDOTA H E I G H T S R DLEXINGTON AVELILYDALE RDPILOT KNOB RD HUBER D R SI BL EYMEMORIALNORTHLAND D R WENTWORTH A V E WWACHTLER AVE WAGON W H E E L T R L MENDOTA RDHUNTER LN ORCHARD P L VICTORIA RD S IVY FALLS AVE Existing Land Use Map City of Mendota Heights µ0 3,000 6,000 Feet June 2019 Source: City of Mendota Heights, 2017 FIGURE 2-2 Park/Open Space Mixed-Use - PUD Rural Residential Low Density Residential Medium Density Residential Medium Density Residential - PUD High Density Residential High Density Residential - PUD Business Limited Business Mixed Use - PUD Industrial City Facilities Schools (Public Private) Churches Synagogues Cemetery Parks/Open Space Golf Course Right-of-Way Open Water Wetland City Boundary City Boundary Rural Residential Low Density Residential Medium Density Residential Medium Density Residential - PUD High Density Residential High Density Residential - PUD Business Limited Business Industrial City Facilities Schools (Public Private) Churches Synagogues Cemetery Golf Course Right-of-Way Open Water Wetland Map of the Existing Land Use, including High Density Residential areas and schools, from the City’s 2040 Comprehensive Plan Update City Council | Tuesday, November 1, 2022 | Page 214 of 238 41 BIKE AND PEDESTRIAN PLAN Trail use statistic tracking Strava map User surveys Trail construction oversight EVALUATION Evaluation can include measurement of physical infrastructure and how it is working, assessment of the community’s thoughts and desires for improvements to existing facilities, and metrics related to use of facilities. This Bike and Pedestrian Plan is an example of an evaluation method. RECOMMENDATIONS: • Continue to periodically survey the community and engage users to determine if there are issues and opportunities for the bike and ped system. • Quarterly measurement of the number of complaints or requests to city staff regarding bike and trail facilities. Determine if complaints go up or down during certain times of year or if there are particular issues that rise to the top that are high priorities for investment. • Consider utilizing digital tools, such as Strava or StreetLight, to determine usership of particular routes within the community. Use the data to make recommendations for improvements or follow up with surveys to understand the data. • Conduct Walk Audits regularly to assess pedestrian safety, accessibility, and comfort in certain areas of the community. Choose different areas each season. Include public officials, city staff, and local community members of differing ages and abilities to attend and conduct the Walk Audit. -Utilize the tools and resources provided by the organization America Walks, including videos on how to conduct a Walk Audit: https://americawalks.org • Determine if the system is providing valuable and accessible facilities; evaluate the number of users of the ped/bike system. Trail use statistic tracking City Council | Tuesday, November 1, 2022 | Page 215 of 238 42 MENDOTA HEIGHTS, MINNESOTADRAFT IMPLEMENTATION IMPLEMENTATIONPROJECT PRIORITIES A number of physical infrastructure projects have been identified in this plan to create a connected bike and ped system in Mendota Heights. The projects are organized by the following priority levels: • High Priority projects are easily implementable/feasible, or highly desired by the public and stakeholders, or already planned or funded by the city or other agencies. • Medium Priority projects may need more planning or aren’t as highly desired by the community. • Low Priority projects could include high cost infrastructure improvements or technically challenging projects to implement. As opportunities arise, such as a road construction project that can include trails, or new funding, some projects may shift priority levels. Within each project priority list, supplemental information is provided about the projects: • ID: This number is used to locate the project on the Priority Projects Map on the following page. • Project: Description of what and where the project is. • Project Type: This correlates to the project types in the recommendations section (At-grade crossing enhancement; New paved ped/bike connection, off-street; New wayfinding signage, etc.) • Status: This identifies how far along in the planning and implementation phases the project is. -Planned projects have been identified by the city or another agency as a project that will be implemented within a certain timeframe. Many of these projects have funding sources identified. -Proposed projects have been identified by staff, community members, or elected officials as projects that are desired, but they have not been officially funded or listed in a timeline for implementation. -Challenging projects are desired for community connectivity, but have challenges associated with physical constructability, high cost to implement, land use, or other issues. • Project Partners indicates whether the City of Mendota Heights or another public agency or organization will be responsible for implementing the project. Many of these projects will require collaboration and partnership among agencies because they involve multiple ownership and jurisdiction of existing rights-of-way and public space. -City = City of Mendota Heights Public Works -County = Dakota County Physical Development Department -MNDOT = Minnesota Department of Transportation City Council | Tuesday, November 1, 2022 | Page 216 of 238 43 BIKE AND PEDESTRIAN PLAN PRIORITY PROJECTS MAP (SEE TABLES ON FOLLOWING PAGES FOR NUMBERED PROJECT DESCRIPTIONS) 1 23 4 5 67 8 9 10 11 12 13 14 15 16 17181920 2122 23 24 25 26 27 28 29 3031 32 33 34 35 36 37 38 39 40 41 42 43 44 45 City Council | Tuesday, November 1, 2022 | Page 217 of 238 44 MENDOTA HEIGHTS, MINNESOTADRAFTIMPLEMENTATIONIDPROJECTPROJECT TYPE STATUS PROJECT PARTNERS PRIORITY LEVEL 10 Crossing improvement at intersection of Delaware Ave (CR63) and Dodd Rd At-grade crossing enhancement Planned MNDOT / Dakota County High 11 Future trail connection along Delaware Ave (CR63) between Dodd Rd and Marie Ave New paved bike/ped connection, off-street Planned City / Dakota County High 12 Crossing improvement at intersection of Delaware Ave (CR63) and Emerson Ave At-grade crossing enhancement Planned City / Dakota County High 13 Crossing improvement at intersection of Delaware Ave (CR63) and Wentworth Ave At-grade crossing enhancement Planned City / Dakota County High 14 Crossing improvement at intersection of Delaware Ave (CR63) and Marie Ave At-grade crossing enhancement Planned City / Dakota County High 15 Future trail connection along Dodd Rd (Hwy 149) between Delaware Ave and Wesley Ln New paved bike/ped connection, off-street Proposed City High 16 Crossing improvement at intersection of Emerson Ave and Dodd Rd (Hwy 149) At-grade crossing enhancement Planned MNDOT High 19 Future trail connection along Sylvandale Rd between Ivy Hills Park and Wachtler Ave On-street trail markings / signage Proposed City High 26 Crossing improvement at intersection of Delaware Ave (CR63) and Preserve Path At-grade crossing enhancement Planned City / Dakota County High 30 Future trail connection along Victoria Curve from Hunter Ln to Highway 62 intersection New paved bike/ped connection, off-street Planned City High 33 Future trail connection along Lexington Ave from Wagon Wheel Rd to Cullen Ave New paved bike/ped connection, off-street Not Feasible City / Dakota County High 36 Crossing improvement at intersection of Dodd Rd (Hwy 149) at Highway 62 / tunnel under TH 149 in coordination with River to River Greenway trail Grade-separated crossing Planned City / MNDOT / Dakota County (greenway coordination) High 37 Crossing improvement at intersection of S Plaza Dr and Dodd Rd (Hwy 149) At-grade crossing enhancement Planned City High 39 Future trail connection along S Plaza Dr from Dodd Rd (Hwy 149) to N Plaza Dr New paved bike/ped connection, off-street Planned City High 44 New wayfinding signage at intersection of S Plaza Dr and Dodd Rd (Hwy 149) New wayfinding signage Proposed City High 45 New wayfinding signage at Apache St cul- de-sac New wayfinding signage Proposed City High HIGH PRIORITY PROJECTS LIST High Priority projects are easily implementable/feasible, or highly desired by the public and stakeholders, or already planned or funded by the city or other agencies. Coordination and partnership will be needed to accomplish these projects. In the public engagement process, safety of the trail system, especially safe road crossings, were a big concern for residents. Therefore, several road crossing enhancements are listed as high priority projects. For all proposed crossing improvements, the proposed project should be reviewed in the context of existing or proposed connection trails. Current Dakota County guidance recommends that crossing considerartions considerations should be part of any trail evaluation using. Depending on the pedestrian activity, enhancements may not be applicable at all locations noted. City Council | Tuesday, November 1, 2022 | Page 218 of 238 45 BIKE AND PEDESTRIAN PLAN ID PROJECT PROJECT TYPE STATUS PROJECT PARTNERS PRIORITY LEVEL 1 Future sidewalk on east side of Delaware Ave (CR63) connecting ex sidewalk to Dodd Rd New paved bike/ped connection, off-street Planned City / Dakota County Medium 2 Crossing improvement at intersection of Chippewa Ave and Annapolis St W At-grade crossing enhancement Proposed MNDOT Medium 3 Crossing improvement at intersection of Highway 13 and Annapolis St W At-grade crossing enhancement Proposed MNDOT Medium 4 Future sidewalk on south side of Annapolis St W between Chippewa Ave and Delaware Ave New paved bike/ped connection, off-street Proposed City Medium 8 Future trail connection along Highway 13 from Sylvandale Rd to Annapolis St W New paved bike/ped connection, off-street Proposed MNDOT Medium 18 Future trail connection between existing trail at Somerset Elementary and Sylvandale Rd On-street trail markings / signage Proposed City Medium 20 Crossing improvement at intersection of Emerson Ave and Wachtler Ave At-grade crossing enhancement Proposed City Medium 21 Crossing improvement at intersection of Riverside Ln and Highway 13 At-grade crossing enhancement Proposed MNDOT Medium 22 Future trail connection along Highway 13 from Riverside Ln to Lilydaye Rd bridge New paved bike/ped connection, off-street Proposed MNDOT Medium 23 Crossing improvement at intersection of Wentworth Ave and Wachtler Ave At-grade crossing enhancement Completed City / Dakota County Medium 28 Crossing improvement at intersection of Delaware Ave (CR63) and Highway 62 At-grade crossing enhancement Proposed MNDOT / City / Dakota County Medium 32 Future trail connection along Pilot Knob Rd from Acacia Blvd to Sibley Memorial Highway Surface improvements to existing paved trail Proposed City Medium 34 Future trail connection along Lexington Ave from Cullen Ave to Highway 62 Surface improvements to existing paved trail Proposed City / Dakota County Medium 35 Crossing improvement at intersection of Lexington Ave and Wagon Wheel At-grade crossing enhancement Proposed City Medium 38 Crossing improvement at intersection of Wagon Wheel Rd and Dodd Rd (Hwy 149) At-grade crossing enhancement Proposed City Medium 41 Crossing improvement at intersection of Mendota Hts Rd and Huber Dr At-grade crossing enhancement Proposed City Medium 42 Future trail connection Delaware Ave (CR63) between Highway 62 and Wagon Wheel Rd New paved bike/ped connection, off-street Proposed City / Dakota County Medium MEDIUM PRIORITY PROJECTS LIST Medium Priority projects may need more planning than high priority projects, they may cost more, or they aren’t as highly desired by the community. City Council | Tuesday, November 1, 2022 | Page 219 of 238 46 MENDOTA HEIGHTS, MINNESOTADRAFTRECOMMENDATIONSLOW PRIORITY PROJECTS LIST Low Priority projects could include high cost infrastructure improvements or technically challenging projects to implement. ID PROJECT PROJECT TYPE STATUS PROJECT PARTNERS PRIORITY LEVEL 5 Future trail connection along Chippewa Ave between Annapolis St W and Dodd Rd On-street trail markings / signage Proposed City Low 6 Future trail connection along Butler Ave W between Chippewa and Ivy Hills Park New paved bike/ped connection, off-street Challenging City Low 7 Future trail connection from Ivy Hills Park to Brompton Pl cul-de-sac New paved bike/ped connection, off-street Challenging City Low 9 Future trail connection along Highway 13 from Wachtler Ave to Sylvandale Rd New paved bike/ped connection, off-street Challenging MNDOT Low 17 Future trail connection along Emerson Ave between Delaware Ave (CR 63) and Dodd Rd (Hwy 149) New paved bike/ped connection, off-street Proposed City Low 24 Future trail connection along Wentworth Ave between Delaware Ave and Dodd Rd New paved bike/ped connection, off-street Proposed City / Dakota County Low 25 Future trail connection along Wachtler Ave from Wentworth Ave to existing Valley Park trail New paved bike/ped connection, off-street Challenging City Low 27 Crossing improvement at intersection of Hilltop Rd and Dodd Rd (Hwy 149) At-grade crossing enhancement Challenging MNDOT Low 29 Future trail connection along Lexington Ave Douglas Rd to Highway 13 New paved bike/ped connection, off-street Challenging City / Dakota County Low 31 Crossing improvement at intersection of Victoria Curve and Highway 62 At-grade crossing enhancement Proposed MNDOT Low 40 Future trail connection along Dodd Rd (Hwy 149) between Mendota Hts Rd and Interstate 494 New paved bike/ped connection, off-street Challenging MNDOT Low 43 Future trail connection Delaware Ave (CR63) between Wagon Wheel Rd and Interstate 494 New paved bike/ped connection, off-street Challenging City / Dakota County Low City Council | Tuesday, November 1, 2022 | Page 220 of 238 47 BIKE AND PEDESTRIAN PLAN IMPLEMENTATION STRATEGIES & FUNDING SOURCES In order to implement new programs and construct the recommendations that are identified in this plan, new funding will be needed. There are potential grant funding sources, listed below, along with investments by other agencies, namely Dakota County and MNDOT. FUNDING SOURCES Potential funding sources include existing city funds as well as outside grant funding. FUNDING SOURCE DESCRIPTION General Funds -Primary source for on-going maintenance, operations, and amenities for the bike and pedestrian system -Capital improvements can also be funded through general funds -Often used as a match for grant funding Dedicated Tax Levy -A city can hold a referendum for a dedicated tax levy with proceeds directed specifically for trails. -Can be used for capital projects as well as operations and maintenance -Proceeds may be in place of or supplement general funds -The advantage of a dedicated tax levy is that parks and recreation receives a more stable source of funding and does not have to compete with other city priorities for funding on an annual basis. Bonding -General Obligation Bonds and Revenue Bonds provide another source of implementation funding for new facilities, and in some cases, can provide funding for repairs and upgrades of existing facilities. -Residents can decide to raise revenue through a permanent or temporary tax increase dedicated for specific purposes such as park, trail, and bikeway improvements and maintenance. These funds are usually provided through bonds approved as part of a voter referendum. State Aid Funds -State aid funds are available for pedestrian and bicycle improvements on state aid roadways. This funding source is particularly useful at the time of street construction or reconstruction. Partnerships -Public and private partnerships can provide funding opportunities beyond the traditional municipal models. Partnerships with Dakota County have contributed to the existing trail network. Potential partnerships with the School District, Community Education, and local businesses can help with implementation of events and programming, and can support future grant writing efforts. -Organizations with partner funding can also provide assistance with design, outreach, or maintenance/stewardship of facilities. Partnerships and relationships with local businesses can result in easements, use agreements, or donated funds for future bike and ped facilities. Donations -Private donations may be from individuals or area corporations, or donations of labor from recreation clubs or use agreements. “Adopt-a-Trail” programs, memorial bench donations, and incentives for local businesses to provide bike racks are all examples of how organizations, businesses, and individuals could help with maintenance and funding, while raising awareness and enthusiasm of the bike/ped system. Grants • Safe Routes to School Grants (MnDOT) (see sidebar at right) • Regional Solicitation Grants for Bike/Ped Facilities (see sidebar at right) • Local Trail Connections (LTC): Administered through the MNDNR; funding prioritizes projects with significant connectivity, high expected use, and attractive integration of cultural and natural resources. https://www.dnr.state.mn.us/grants/recreation/trails_local.html • MN DNR Natural and Scenic Area Grants: Projects must align with the State Outdoor Recreation Plan (SCORP). This grant is typically available annually, with an application deadline in early spring. https://www.dnr.state.mn.us/grants/land/natural-scenic-app-cycle.html • MN DNR Outdoor Recreation Grants: Projects must align with the State Outdoor Recreation Plan (SCORP). Example projects include internal park trails and trail amenities. This grant is typically available annually, with an application deadline in early spring. https://www.dnr.state.mn.us/grants/recreation/outdoor_rec.html SAFE ROUTES TO SCHOOL (SRTS) IMPLEMENTATION It is highly recommended that the city applies for SRTS Planning Assistance through MnDOT to complete a District-wide plan or individual SRTS plans for those schools that don’t currently have a SRTS Plan. • Next round of grant applications are due January 11, 2023. • Link to application: https://www.dot.state.mn.us/ saferoutes/grants-funding.html Other MnDOT SRTS grant opportunities can fund programs (boost grants) or other infrastructure improvements (infrastructure grants). Note that Infrastructure Grant applications require more effort to complete and should be closer to ‘shovel’ ready projects. Generally, the improvements need to be identified through a SRTS planning process. METROPOLITAN COUNCIL REGIONAL SOLICITATION GRANTS The Metropolitan Council allocates federal funds through Regional Solicitation Grants. Funding priorities include RBTN priority corridors, multi-use trails, bicycle facilities, grade-separated crossings, filling network gaps, intersection/crossing treatments, sidewalks, streetscaping, ADA improvements, and Safe Routes to School infrastructure projects. These grants are available on 2-year funding cycle, with the next solicitation for grant applications anticipated in early 2024. https://metrocouncil.org/ Transportation/Planning-2/ Transportation-Funding/ Regional-Solicitation-NEW.aspx Dodd Road and regional greenway trails qualify for regional solicitation and should be included in applications each year they are available. City Council | Tuesday, November 1, 2022 | Page 221 of 238 Riding bicycles will not only benefit the individual doing it, but the world at large. - Udo E. Simonis City Council | Tuesday, November 1, 2022 | Page 222 of 238 Request for City Council Action DATE: November 1, 2022 TO: Mayor Levine and City Council; City Administrator Jacobson FROM: Tim Benetti, Community Development Director SUBJECT: Resolution 2022-82 Approving a Conditional Use Permit to Twin City Racquet & Squash Club - 1415 Mendota Heights Road (Planning Case No. 2022-22] INTRODUCTION The City Council is asked to adopt a resolution approving a conditional use permit (CUP) to Twin City Racquet & Squash Club, which would approve a new commercial recreation use in the I-Industrial District, located at 1415 Mendota Heights Road. BACKGROUND Drop Shot, LLC is seeking permission to place a new indoor recreational facility, which will include pickleball, squash and padel courts, along with a fitness area and indoor golf simulator, to be located in a vacant warehouse space within the Airport Industrial Center building. This facility is intended to be a private/members only club. Commercial recreation uses such as this athletic/paddleball club requires a conditional use permit in the I-Industrial District. On October 25, 2022, the Planning Commission conducted a public hearing on this item, whereby a planning report was presented and received by the commission, and comments from the Applicant and public were given. Copies of this report and corresponding Planning Commission meeting minutes are appended to this memo. DISCUSSION The City can use its quasi-judicial authority when considering action on zoning related requests, including conditional use permits, and has broad discretion. The only limitations are that actions and findings must be constitutional, rational, and related to protecting the health, safety and general welfare of the public. RECOMMENDATION The Planning Commission recommended unanimously (7-0 vote) to approve the CUP to Drop Shot, LLC and for the proposed Twin City Racquet & Squash Club facility, with findings-of-fact to support said approval and with certain conditions. ACTION REQUIRED Affirm the recommendation from the Planning Commission by adopting RESOLUTION NO. 2022-82, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A COMMERCIAL RECREATION USE (TWIN CITY RACQUET AND SQUASH CLUB) IN THE I-INDUSTRIAL DISTRICT, LOCATED AT 1415 MENDOTA HEIGHTS ROAD. This adoption action requires a simple majority vote. City Council | Tuesday, November 1, 2022 | Page 223 of 238 9a CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-82 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW COMMERCIAL RECREATION USE IN THE I-INDUSTRIAL DISTRICT LOCATED AT 1415 MENDOTA HEIGHTS ROAD [PLANNING CASE NO. 2022-22] WHEREAS, Drop Shot, LLC (the “Applicant) in conjunction with Lamar, LLC (the “Owners”) requests approval of a conditional use permit (CUP) under Planning Case No. 2022- 22, which would allow a new commercial recreation use to be placed inside the Airport Industrial Center building, located at 1415 Mendota Heights Road, and legally described on Exhibit A; and WHEREAS, the Subject Property is guided Industrial in the 2040 Comprehensive Plan, and is zoned I-Industrial; and WHEREAS, City Code Section 12-1G-2 allows certain “commercial recreation” uses by conditional use permit in the Industrial District, and the proposed athletic/racquet club meets the qualifications and definitions as a recreational participative athletic use, fitness center, training facility and golf simulator, or similar use; and WHEREAS, on October 25, 2022, the Mendota Heights Planning Commission held a public hearing on this planning case item, whereby a planning report was presented and received by the commission, and comments from the Applicant and public were allowed, and whereupon closing the hearing, recommended unanimously (7-0 vote) to approve the request from Drop Shot, LLC for the CUP, which would allow the proposed athletic/racquet club facility, located at 1415 Mendota Heights Road, as proposed and presented under Planning Case No. 2022-22, with specific finding-of-fact to support said approval and with related conditions. NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that that request from Drop Shot, LLC for the CUP, which would allow the proposed athletic/racquet club facility, located at 1415 Mendota Heights Road, as proposed and presented under Planning Case No. 2022-22, may be approved based on the following findings-of-fact: A. The proposed conditional use allowing the new commercial recreational use (Twin City Racquet and Squash Club) in the Industrial District will not be detrimental to the health, safety or general welfare of the community, nor cause any serious traffic congestion or hazards, nor depreciate surrounding property values. B. The new recreational use conforms to the general purpose and intent of the zoning code and comprehensive plan, including I-Industrial District performance standards. C. The proposed recreational use on the subject property should not impact or negatively affect the required parking needs of the Applicant’s business needs or the other leased tenant or future tenant needs on the site. City Council | Tuesday, November 1, 2022 | Page 224 of 238 Res. 2022-82 Page 2 of 3 BE IT FURTHER RESOLVED by the Mendota Heights City Council, that the request from Drop Shot, LLC for the CUP, which would allow the proposed athletic/racquet club facility, located at 1415 Mendota Heights Road, as proposed and presented under Planning Case No. 2022- 22, is hereby approved with the following conditions: 1. All racquet or athletic activities shall be conducted entirely within the enclosed building. The outdoor padel court shown on the submitted site plan is not approved and will not be allowed under this CUP approval. 2. The 24 parking spaces located on the back side of the building and the 16 spaces located on the east edge of the existing parking area, as illustrated on the site plan must all be striped. 3. Outdoor storage and display of materials is prohibited. 4. A sign permit shall be required prior to installation of any additional tenant signage on the subject parcel/building. No banner or temporary signs will be allowed. 5. A building permit shall be required prior to any applicable demolition or tenant space improvements. 6. No on-street parking or blocking of loading areas is allowed. Adopted by the City Council of the City of Mendota Heights this 1st day of November, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Mayor Stephanie Levine ATTEST ________________________________ Christine Lusian, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 City Council | Tuesday, November 1, 2022 | Page 225 of 238 Res. 2022-82 Page 3 of 3 EXHIBIT A Property Address: 1415 Mendota Heights Road Mendota Heights MN 55120 PID: 27-03300-78-070 Legal Description: THE NORTH 430.00 FEET OF THE SOUTH 1,750 FEET OF THE EAST 660 FEET OF GOVERNMENT LOT 1 & 2, EXCEPT THE SOUTH 40 FEET, SECTION 33 TOWNSHIP 28 RANGE 23, DAKOTA COUNTY, MINNESOTA; AND EXCLUDING PARCEL NO. 46D OF MINNESOTA DOT R/W MAP 19-93. [Abstract Property] City Council | Tuesday, November 1, 2022 | Page 226 of 238 PLANNING STAFF REPORT MEETING DATE: October 25, 2022 TO: Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Planning Case 2022-22 Conditional Use Permit – Commercial Recreation Use APPLICANT: Drop Shot, LLC / Lamar, LLC (Owners) PROPERTY ADDRESS: 1415 Mendota Heights Road ZONING/GUIDED: I-Industrial / I Industrial ACTION DEADLINE: December 6, 2022 INTRODUCTION The applicant is seeking a conditional use permit (CUP) to place a new indoor athletic club facility inside a vacant space within an existing multi-tenant building, located at 1415 Mendota Heights Road. The proposed name of the facility is Twin City Racquet & Squash Club. The property is generally located at the northwest corner of Mendota Heights Road and Pilot Knob Road and is situated in the I-Industrial district. City Code Section 12-1G-2 allows certain defined “commercial recreation” uses by means of a conditional use permit in the Industrial District. This item is being presented under a duly noticed public hearing process. A notice of hearing on this item was published in the Pioneer Press; and notice letters of this hearing were mailed to all owners within 350- feet of the subject property. The city has not received any comments (for or against) this project. BACKGROUND The subject property is generally identified as the “Airport Industrial Center.” This property is 5.85 acres in size, and has approximately 66,000-sq. ft. of multi-tenant office/industrial/storage space, with loading bays to the rear (north) of the building. The site contains three access points off Mendota Hts. Road to the south and one access off Pilot Knob Road to the east, with 106 marked or dedicated parking spaces spread throughout the property. The property currently houses For the Love of Dogs training facility (9,700 sf. of space, indoor dog diving tank, 4 employees); BDS Systems (4,400-sf. of leased space, no employees, pallet/cold storage only) and American Vets (9,600-sf. of leased space, two employees, pallet/cold storage only). The attached commercial office use (the former Lancer Hospitality offices) on the west end of the building consists of approximately 8,000-sf. of vacant office space. City Council | Tuesday, November 1, 2022 | Page 227 of 238 Planning Report – 2022-22 (TC Racquet-Squash Club) Page 2 of 7 SCOPE of ACTIVITIES The new indoor racquet club facility or use will take place inside the 21,200-sf. vacant storage/warehouse space situated between the existing office space and the BDS/Am-Vets spaces. This facility will consist of three (3) new pickleball courts, three (3) squash courts (singles and doubles); and three padel courts (note: padel is described as a mix of tennis and pickleball played inside a plexi-walled court). The facility also includes a social gathering space; fitness area; and a golf simulator, with locker/changing/shower rooms. The facility is intended to be a private racquet and tennis club, with secured key-card access to the facility by members only. Access will be restricted or limited to two separate doors opening on the north side of the building. Club members will be able to reserve their preferred playing time or courts on-line through a private membership website, and will be able to enter/exit at their own convenience. The facility does not provide any stadium or large spectator seating. No food or beverage services will be provided, except for private (interior only) vending machines. The proposed club use will have unlimited hours and available to its members at any time. Based upon the proposed court layouts, the pickleball and padel courts can provide up to 4 players (doubles) on each court; and the squash can accommodate 1 to 2 or up to 4 players per court. Assuming all courts were maxed out with players, this would mean up to 28 individuals could be playing or occupying the courts at one time. The “social area” has space for approximately 30 members to sit or rest before, between or after games. The fitness area and golf simulator areas are undefined or not detailed enough to gage accurate number of occupancy or participation in these areas. ANALYSIS of CONDITIONAL USE PERMIT Pursuant to Title 12-1L-6, any use allowed by a conditional use permit in a particular zoning district requires submittal of a complete development or site plan for full consideration by the planning commission and city council. The [city] council shall consider the advice and recommendations of the planning commission and the effect of the proposed use upon the health, safety, and welfare of occupants or surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent streets, and the effect of the proposed use on the comprehensive plan. As previously indicated, City Code Section 12-1G-2 allows certain “commercial recreation” uses by conditional use permit in the Industrial District, and such use(s) are defined as follows: RECREATION, COMMERCIAL: Recreational instruction and participative athletic uses, including jump/trampoline center, golf range/simulator, fitness center, sports training facility, martial arts school, dance school, and similar uses. Staff interprets the use as qualifying for a conditional use permit under the “commercial recreation” definition as a recreational participative athletic use, fitness center, training facility and golf simulator, [and/or] similar use. The City may grant a conditional use provided the following standards are met or proven: a) The proposed use will not be detrimental to the health, safety or general welfare of the community; b) will not cause serious traffic congestion nor hazards; c) will not seriously depreciate surrounding property value; and d) the proposed use is in harmony with the general purpose and intent of the City Code and the comprehensive plan. City Council | Tuesday, November 1, 2022 | Page 228 of 238 Planning Report – 2022-22 (TC Racquet-Squash Club) Page 3 of 7 A. The proposed use will not be detrimental to the health, safety or general welfare of the community, nor will cause serious traffic congestion nor hazards, nor will seriously depreciate surrounding property value. Applicant’s Reponses: a) On the contrary, we believe the creation of our proposed racquet courts will enhance the health, safety and general welfare of the community. These sports contribute to a healthy lifestyle and recreation and will provide an opportunity to local residents to participate in sports that have an easy entry level and general popularity; and b) we don't anticipate any serious traffic congestion nor hazards caused by the creation of a racquets club. Our building as roughly 100 parking spots which is more than adequate to support folks reserving court time; and c) we believe that the creation of indoor racquet courts will positively impact the surrounding property values by bringing something of value to the community. Staff Response: Staff agrees and does not believe the proposed racquet club use at this location will be detrimental to the health, safety and welfare of the community, as they will be simply taking over and remodeling a vacant industrial warehouse space inside an existing “mixed-use” facility. This building- like many others in the Industrial Park, is meant to be “flexible” and allow for a mix of uses or activities. The Airport Industrial Center is currently a 66,000 sq. ft. multi-tenant office/warehouse [flex] building. There currently exists a vacant office space on the west end of the building, while the remainder is a mix of warehouse and a fairly new (and CUP approved) animal training facility. There are no abutting residential zones or uses to the property; so no screening or additional landscaping is required. The building is a concrete block with tip-up panels, and staff assumes all tenant separated spaces are adequately constructed or will provide adequate noise attenuation, if needed. The Applicant will be making interior tenant improvements to the site, and staff (including the Building Official and Fire Marshal) will ensure that adequate ventilation, air circulation, and restroom facilities will be in place before a certificate of occupancy is granted. Per Section 12-1D-16: Off-Street Parking, the following uses and required parking spaces are noted: USE PARKING SPACE(S) REQUIRED Golf course, country club, tennis club, public swimming pool 20 spaces, plus 1 space for each 300 square feet in excess of 1,000 square feet of floor space in the principal structure Skating rink, dance hall, public auction house, golf driving range, miniature golf, trampoline center and similar uses At least 15 spaces, plus 1 additional space for each 300 square feet of floor area over 2,000 square feet Office building and professional office having 6,000 square feet or more of floor area, bank, savings institution At least 1 space for each 200 square feet of net usable floor area Warehouse, storage handling of bulk goods At least 1 space for each 2,000 square feet of floor area The racquet club facility was noted as having 21,250 sf. of floor space, with a mix of varying athletic activities, that may fall under the two upper boxed categories of the Parking Regulation standards, City Council | Tuesday, November 1, 2022 | Page 229 of 238 Planning Report – 2022-22 (TC Racquet-Squash Club) Page 4 of 7 namely “tennis club” and “golf driving range” (?) and “similar uses”. By applying both to the proposed use, staff calculated the following: x Tennis Club w/ 21,250-sf. area: 20 sp. + [21,250-1,000 = 20,250 / 300 = 68 sp.] = 88 spaces x Golf / Similar Uses w/ 21,250 sf.: 15 sp. + [21,250 – 2,000 = 19,250 / 300 = 64 sp.] = 79 spaces x Warehouse Uses (BDS / Am-Vets / FTLD): 23,700 sf. (total) / 2,000 = 11.85, or 12 spaces x Office Use w/ 8,000-sf.(net): 8,000 / 200 = 40 spaces Based on these calculations, the total number or spaces needed to support this racquet club use and the existing or future uses on this site amount to 131 to 140 spaces needed. The applicant was tasked with providing an accurate count of the site’s parking spaces, and where additional parking(spaces) could be provide to support all uses on this site. The subject property currently contains 106 marked or dedicated parking spaces. The Parking Plan – Ex. 1 illustrates the site can accommodate 44 additional spaces, or 150 total spaces. There also appears a potential for adding more spaces (if needed) along the front yard/Mendota Heights Road frontage. The 24 parking spaces striped along the back loading dock area was initially a concern with city staff, but the owner claims the two existing warehouse uses do not use or require all five loading dock spaces, and any vehicles parked in this area should not interfere with any heavy truck traffic or deliveries. Upon conferring with the city’s own Recreation Manager, and due to her extensive knowledge of tennis, pickleball and related court activities, it was her professional opinion this club would only allow (at most) 28 players on the indoor courts; and possibly up to same in the social area, and 10-15 members in the fitness area and up to 1-2 in the golf simulator. This would equate to at most 73+/- members, with similar number of parking based on 1 space/member (assuming each drive/park separately). It is staff’s opinion that the 64 spaces situated along the back and side yard area next to the offices will suffice for that space’s parking needs, plus allow for additional club members to park as well in this area. The club’s remaining parking can be accommodated on other parts of the site, and should not pose any off-street parking issues or congestion on nearby streets. While most athletic or fitness clubs may typically see or experience a morning, noon or late afternoon (after work/business hours) levels of participants, the Applicant has stated this facility will be a private club membership only, which should help limit the level of service by allowing members to reserve court times at their own leisure or schedules, so any potential impacts to traffic or parking should be limited or minimal on the site or to the area. There are no plans to add any access points in to the site, nor will any on-street parking be allowed. Staff believes the use will not have any negative impacts or effect upon the health, safety, and welfare of occupants (of the multi-tenant building) or surrounding land uses; nor will the use be detrimental to the health, safety or general welfare of the community. Moreover, the use may actually provide a nice facility for bettering the health and welfare of the community and allow year-round indoor athletic or fitness activities for the city’s residents. The private club use will likely provide members and participants the ability to stagger their use hours and not cause any congestion or negatively impact the parking needs for this recreation use and the other tenant uses. City Council | Tuesday, November 1, 2022 | Page 230 of 238 Planning Report – 2022-22 (TC Racquet-Squash Club) Page 5 of 7 B. The proposed use conforms to the general purpose and intent of the city code and comprehensive plan. Applicant’s Response: d) To our knowledge the creation of racquet courts within our facility at 1415 Mendota Heights Road does not violate any provisions within the City Code and instead will enhance the general we/I-being of the community by bringing recreational and wellness opportunities to residents of Mendota Heights. Staff Response: The subject parcel is guided I-Industrial in the 2040 Comprehensive Plan. The Plan provides the following goal statement: Goal 3: Encourage and support industrial and commercial development in designated areas. Policies 1. The city will use available resources to identify redevelopment needs. This will include cooperation with Dakota County and the Metropolitan Council to achieve redevelopment objectives. 2. Transitions between adjoining land uses will be required for adjacent residential uses, and will be encouraged between compatible land uses (e.g. transition between a general manufacturing and retail use will be encouraged). 3. Amenities within the industrial and commercial districts will be encouraged to promote a more vibrant and attractive place for workers. City Code Title 12-1L-6 Conditional Use states: “The development and execution of this chapter is based upon the division of the city into districts within which the regulations are specified. It is recognized, however, that there are special or conditional uses which, because of their unique characteristics, cannot be properly classified in any district or districts without consideration, in each case, of the impact of those uses on neighboring land or the public need for the particular location. To provide for these needs, the council may by resolution approve a conditional use for those uses and purposes, and may impose conditions and safeguards in such permits to ensure that the purpose and intent of this chapter is carried out.” The club is planning to install one of the three padel courts outside the building in the front yard area. As noted, City Code Section 12-1G-2 allows for “commercial recreation” uses as a CUP in the I- Industrial District, but under said district the use “…must be conducted within a completely enclosed building.” Furthermore, City Code Section 12-1D-6: Fences: provides language addressing fences for tennis courts. Since this padel court will likely require the enclosure (note: for the purpose of this report, the padel court is being treated as or considered similar to a tennis court) and “…any fence used for the enclosure of tennis courts shall not exceed ten feet (10') in height, and shall not be located within the required front yard.” Due to the padel court located outside the building and in the front yard area, and the likelihood of a fence or enclosure needed for this court, this padel court will not meet City Code and will not be allowed. Even without this outdoor court, Staff believes the proposed “indoor recreational use” can be considered in harmony with the general purpose and intent of the City Code and comprehensive plan; and that there is no reason to believe that the proposed use will be contrary to the standard of review for conditional use permits listed above; and should be compatible with the spirit and intent of the Industrial Zoning District. City Council | Tuesday, November 1, 2022 | Page 231 of 238 Planning Report – 2022-22 (TC Racquet-Squash Club) Page 6 of 7 ALTERNATIVES for ACTION Following the public hearing and discussion, the Planning Commission may consider the following actions: 1. Recommend APPROVAL of the Conditional Use Permit, with certain conditions and based on the findings- of- fact that the proposed racquet club use will be compliant with the standards and regulations of the City Code; or 2. Recommend DENIAL of the Conditional Use Permit request, based on the findings of fact(s) determined by the Planning Commission, that the Conditional Use Permit requested herein does not meet certain regulations or standards under City Code; or 3. TABLE the request, pending additional information as requested by the Planning Commission and direct city staff to make certain revisions before final consideration is given on this planning item; with direction to extend the application review period an additional 60 days, in compliance with Minnesota State Statute. STAFF RECOMMENDATION City staff recommends approval of the Conditional Use Permit for the proposed Twin City Racquet and Squash Club facility and commercial recreational use in the I-Industrial District, based on the attached findings-of-fact that and with the following conditions of approval: 1. All racquet or athletic activities shall be conducted entirely within the enclosed building. The outdoor padel court shown on the submitted site plan is not approved and will not be allowed under this CUP approval. 2. The 24 parking spaces located on the back side of the building and the 16 spaces located on the east edge of the existing parking area, as illustrated on the site plan must all be striped. 3. Outdoor storage and display of materials is prohibited. 4. A sign permit shall be required prior to installation of any additional tenant signage on the subject parcel/building. No banner or temporary signs will be allowed. 5. A building permit shall be required prior to any applicable demolition or tenant space improvements. 6. No on-street parking or blocking of loading areas is allowed. MATERIALS INCLUDED FOR REVIEW 1. Aerial/Location Site Map 2. Letter of Intent 3. Site Plan / Athletic Club Layout 4. Ex. -1 Parking Plan Layout City Council | Tuesday, November 1, 2022 | Page 232 of 238 Planning Report – 2022-22 (TC Racquet-Squash Club) Page 7 of 7 FINDINGS OF FACT FOR APPROVAL Planning Case No. 2022-22 Conditional Use Permit for Twin City Racquet & Squash Club Drop Shot, LLC (Applicant) 1415 Mendota Heights Road The following Findings of Fact are made in support of approval of the proposed indoor commercial recreation use and conditional use permit request: 1. The proposed conditional use allowing the new commercial recreational use (Twin City Racquet and Squash Club) in the Industrial District will not be detrimental to the health, safety or general welfare of the community, nor cause any serious traffic congestion or hazards, nor depreciate surrounding property values. 2. The new recreational use conforms to the general purpose and intent of the zoning code and comprehensive plan, including I-Industrial District performance standards. 3. The proposed recreational use on the subject property should not impact or negatively affect the required parking needs of the Applicant’s business needs or the other leased tenant or future tenant needs on the site. City Council | Tuesday, November 1, 2022 | Page 233 of 238 City Council | Tuesday, November 1, 2022 | Page 234 of 238 City Council | Tuesday, November 1, 2022 | Page 235 of 238 SUBJECTPROPERTYCity Council | Tuesday, November 1, 2022 | Page 236 of 238 Office: 8,000-sf Racquet & SquashClub: 21,250-sf.BDS / Am-Vets:14,000-sf.For Love of Dogs:9,700-sf.City Council | Tuesday, November 1, 2022 | Page 237 of 238 EX.-1Proposed TCRacquet-SquashClubCity Council | Tuesday, November 1, 2022 | Page 238 of 238 End