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2022-12-20 City Council Agenda Packet
CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA December 20, 2022 6:00 pm Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Presentations/Recognitions a. Recognition of City Council Member Ultan Duggan 6. Consent Agenda a. Approval of December 6, 2022 City Council Minutes b. Approval of December 6, 2022 City Council Closed Meeting Minutes c. Acknowledge the November 9, 2022 Parks and Recreation Commission Minutes d. Acknowledge the December 1, 2022 Parks and Recreation Commission Work Session Minutes e. Acknowledge the October Par 3 Financial Report f. Resolution 2022-95 Agreement Appointing MnDOT as Agent for the City on Federally Funded Projects g. Approval of HVAC Replacement at the Mendota Heights Par 3 Community Golf Course Clubhouse h. Approval of Memorandum of Understanding with the City of West St. Paul for Joint Recycling Services i. Accept Community Development Director Resignation and Authorize Position Posting j. Accept Recreation Program Coordinator Resignation and Authorize Position Posting k. Accept Fire Marshall Retirement and Authorize Position Posting l. Resolution 2022-96 Adopting the 2023 Pay Classification Plan for Non-Union Employees m. Approval of Massage Therapist License n. Approve Sanitary Sewer Connection Agreement for the River Bluffs Development o. Approval of November 2022 Treasurer’s Report p. Approval of November, 2022 Building Activity Report q. Approval of Claims List 7. Citizen Comment Period (for items not on the agenda) *See guidelines below 8. Public Hearings 9. New and Unfinished Business a. Resolution 2022-97 Accepting Feasibility Report and Calling for a Public Hearing for the Victoria Curve Street Improvements 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, December 6, 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, Mazzitello, and Miller, were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Miller moved adoption of the agenda. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Mazzitello moved approval of the consent calendar as presented, pulling items E, N, and O. a.Approval of November 15, 2022 City Council Minutes b. Approval of November 15, 2022 Council Work Session Minutes c.Acknowledgement of September 21, 2022 Airport Relations Commission Meeting Minutes d. Acknowledgement of October 12, 2022 Natural Resources Commission Meeting Minutes e.Resolution 2022-91 City Advisory Commission Reappointments f.Approval of Personnel Policy Amendment Regarding Employee Vacation Leave g.Approval of City Council Regular Meeting Dates h.Accept Police Officer Resignation and Authorize Recruitment i. Accept Probationary Firefighter Resignation j.Approval of Tobacco License Renewals k.Approval of Massage Therapist License l.Approval of 2023 Seasonal Pay Matrix m.Resolution 2022-92 Designating Polling Locations for 2023 n. Resolution 2022-93 Adoption of Dakota County All-Hazard Mitigation Plan 5aCity Council | Tuesday, December 20, 2022 | Page 1 of 156 December 6, 2022 Mendota Heights City Council Page 2 of 10 o. Resolution 2022-94 Accepting Donation from the Coss Family Foundation p. Approval of a Joint Powers Agreement between the Cities of Lilydale and Mendota Heights for Storm Sewer Inspection, Maintenance, Illicit Discharge Inspection Services q. Approval of October 2022 Treasurer’s Report r. Approval of Claims List Councilor Paper seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS E) RESOLUTION 2022-91 CITY ADVISORY COMMISSION REAPPOINTMENTS Mayor Levine recognized the expiring terms of Commission members and thanked them for their service to the community. She thanked those that have expressed interest in continuing to serve. Councilor Mazzitello moved to adopt RESOLUTION 2022-91 CITY ADVISORY COMMISSION REAPPOINTMENTS. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 N) RESOLUTION 2022-93 ADOPTION OF DAKOTA COUNTY ALL-HAZARD MITIGATION PLAN Councilor Duggan noted that this is a long and detailed report and perhaps there should be a workshop scheduled to further discuss this information. He noted an error in relation to the terrorist impacts in Mendota Heights which was off by one. City Administrator Cheryl Jacobson noted that she has reviewed that error and will pass it on to the County. Councilor Miller moved to adopt RESOLUTION 2022-93 ADOPTION OF DAKOTA COUNTY ALL- HAZARD MITIGATION PLAN. Councilor Paper seconded the motion. Further discussion: Councilor Duggan suggested that his idea also be noted to further discuss this in workshop. Mayor Levine noted that there is a 45-day public comment period and perhaps that discussion aligns with the time period for comments. Ayes: 5 Nays: 0 City Council | Tuesday, December 20, 2022 | Page 2 of 156 December 6, 2022 Mendota Heights City Council Page 3 of 10 O) RESOLUTION 2022-94 ACCEPTING DONATION FROM THE COSS FAMILY FOUNDATION Councilor Duggan noted the significant contributions that the Coss family has donated to the City. He believed that something more should be done to recognize those contributions. Councilor Duggan moved to adopt RESOLUTION 2022-94 ACCEPTING DONATION FROM THE COSS FAMILY FOUNDATION. Councilor Miller seconded the motion. Further discussion: Councilor Miller commented that the Coss family has been exceedingly generous to the City, its residents, and its institutions on many occasions. He echoed the sentiments of sending the family a thank you. Ayes: 5 Nays: 0 PUBLIC COMMENTS Frank Stifter, 1260 Sylvandale Road, noted the potential proposed path on Sylvandale Road which was very concerning. He commented that it seems a big change for a problem that seems to be fairly small related to bicycles and pedestrians. He noted that the road is not heavily trafficked and does have pedestrian traffic but has not recalled any difficult encounters between the two. He stated that he and his neighbors are concerned with the potential of losing on street parking if a path were added. He suggested a marked bike lane on the road instead of a path. Resident Victor Sherbanenko stated that he is also present to discuss the potential bike trail. He stated that the mailing was not very specific and lacked detail. He noted that it seems like a poorly thought-out plan, and he has not spoken with any neighbors that support the concept. He agreed that there is pedestrian activity on the road and also could not recall any conflicts. Public Works Director Ryan Ruzek stated that the pavement is failing on Sylvandale and sent out a questionnaire asking the neighborhood what they want. He stated that there is nothing proposed for a path at this time and the street could be reconstructed as it exists. He noted that they could also look at the different options mentioned in the mailing. He stated that they will review the results from the questionnaire and hold a public meeting to discuss those results and determine the best option for the street project. He explained that homeowners are assessed a portion of the cost for a street project, where or not there is a trail. He noted that a trail is not specifically assessed to adjacent property owners. He noted that he would also be happy to speak with residents individually if desired. Martin Fisher commented that he and his wife moved here 22 years ago and love their street and yard and would not want to lose that for a bike path. He stated that parking is needed on that street. He stated that he does support maintenance and repair of the existing roadway. City Council | Tuesday, December 20, 2022 | Page 3 of 156 December 6, 2022 Mendota Heights City Council Page 4 of 10 Kate Fisher, 1324 Sylvandale Road, commented that she found the letter to be upsetting in that part of her yard may be taken away. She stated that they have a strong need for on street parking. She commented that there are no conflicts between vehicles and pedestrians. Robert Hanson, teacher at Two Rivers High School, commented that even though the communities have done great in restricting access to vaping for youth, it continues to be a problem for the youth. He stated that his youth group created a video against vaping that will be premiered on January 2nd at 5:30 p.m. at the school. He invited the Council and Police Chief to attend. Mayor Levine recognized the work the group has done that has inspired the community to be tobacco free and tobacco 21. Councilor Duggan thanked Mr. Hanson for the great work he continues to do. PRESENTATIONS There were no presentations. PUBLIC HEARING A) ORDINANCE 574 – APPROVING AMENDMENTS TO THE FEE SCHEDULE FOR 2023 City Clerk Christine Lusian explained that the Council was being asked to hold a public hearing and amend the fee schedule for 2023. Councilor Duggan noted on page 387, under public data, and asked if that fee would be in addition to the charge per copy. City Clerk Christine Lusian provided additional details on the allowance for the City to charge for actual time for digital requests. Councilor Duggan asked the approximate research time of staff for these types of requests. City Clerk Christine Lusian noted that some requests are easy and not subject to charge while others are substantial. Councilor Paper noted page 395, where the senior pass is eliminated for the Par 3 and asked what that is being done. City Clerk Christine Lusian replied that the change is recommended by the Parks and Recreation Commission. Parks and Recreation Coordinator Meredith Lawrence replied that this was the second year with the pass. She stated that the first year no passes were sold and this year only four passes were sold, therefore staff believes their effort could be better used to market the course to seniors. City Council | Tuesday, December 20, 2022 | Page 4 of 156 December 6, 2022 Mendota Heights City Council Page 5 of 10 Councilor Paper asked how the card was promoted and what would be done different to promote the course for seniors. Parks and Recreation Coordinator Meredith Lawrence commented that staff spent between 45 and 50 hours on the implementation of the pass, which is a lot compared to the engagement received. She reviewed the different marketing that was done to promote the pass. She stated that many seniors that she spoke with preferred to use the ten round punch card. Councilor Paper asked if the number of uses for the senior passes were tracked. Parks and Recreation Coordinator Meredith Lawrence confirmed that information was tracked for a total of 177 rounds between the four passes, providing more specific information on the number of rounds played by each pass holder. Councilor Paper commented that he does not feel that the pass has been given enough time but recognized the amount of staff time spent offering this pass. He stated that clearly two of the pass holders were heavily using the pass. Parks and Recreation Coordinator Meredith Lawrence stated that they are going to start a senior golf league this spring as a way to engage seniors. She stated that they could attempt the pass for another year, but it would be nice to see more of a return on the staff time. Councilor Paper commented that he would like to see one more attempt, recognizing that there was a late start the first year and only four people were reached this year. He stated that perhaps they could reach out to the pass holders to determine how participation could be increased. Mayor Levine commented that she would like to put a pin in that concept as the entire fee schedule will go into a public hearing and then discussion can continue. Councilor Duggan asked if the senior pass is only available for use on evenings. Parks and Recreation Coordinator Meredith Lawrence reviewed the eligibility for the pass and the hours it can be used. Councilor Paper stated that next year he would like to see an increase for priorities four and five for the field use. Councilor Miller moved to open the public hearing. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 There being no one coming forward to speak, Councilor Duggan moved to close the public hearing. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 City Council | Tuesday, December 20, 2022 | Page 5 of 156 December 6, 2022 Mendota Heights City Council Page 6 of 10 Councilor Mazzitello commented that he hears the comments of Councilor Paper but also hears the number of restrictions on the pass, noting that perhaps there would be more success if there were less restrictions on the pass. He stated that the Parks and Recreation Commission and City staff both recommend discontinuing the pass and therefore he would support that recommendation. Councilor Duggan stated that he agrees that there are a number of restrictions on the pass. He noted that he has played on other small courses in the area and understands the concepts of a season pass. He noted that if you are trying to increase interest in the golf course, which staff has done a great job of in recent years, he would wonder what changes should be made to the pass and whether that should be left to the Parks and Recreation Commission. Mayor Levine agreed noting the recommendation from the Parks and Recreation Commission. She stated that the pass does not seem to have traction, whether that is because of the restrictions or because there is more favor for the punch card. She stated that she would favor continuing to promote the punch card rather than the senior pass. She stated that she does like the concept of adding a senior league, as leagues are very popular at the course. She commented that the clubhouse is an underutilized City asset where people can gather. She noted that there is opportunity to expand the use of the clubhouse for people of all ages. She stated that she would support the recommendation to eliminate the senior pass and allow staff to focus on other efforts. Councilor Miller commented that he trusts the recommendation of staff and the Commission. He stated that there are also reasons why the parameters were put on the senior pass and believed that if there were changes that could be made to those restrictions, he believes that those would have been brought forward. He stated that he will be supporting the recommendation from staff and the Commission. Mayor Levine confirmed consensus with elimination of the senior pass. Councilor Miller commented that if staff believes that there would be benefit in bringing the senior pass back in the future, he would be open to that. Councilor Paper commented that next year he will propose to raise the fees for priority four and five for field use and noted that he just wanted to provide that information now, prior to the workshop in 2023. Councilor Miller commented that he also agrees with Councilor Paper. He stated that costs continue to increase, and he would support increasing the rates for others outside the community to use the City fields. Mayor Levine noted that it is a complicated discussion, as SALVO is a priority four and its members are 50 percent Mendota Heights residents. She agreed that it should be discussed in workshop in 2023. Councilor Duggan commented that it was interesting that multiple members of the Council mentioned that they support the recommendations from advisory bodies but that is not always the case. Councilor Miller explained that in this case he believes the appropriate recommendation was made related to the senior pass and he supports that recommendation. He agreed that it was a fair point that the Council does not always vote in the same direction as a recommending body. City Council | Tuesday, December 20, 2022 | Page 6 of 156 December 6, 2022 Mendota Heights City Council Page 7 of 10 Councilor Mazzitello moved to approve ORDINANCE NO. 574 AMENDING THE FFE SCHEDULE. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 Councilor Mazzitello moved to approve SUMMARY PUBLICATION OF THE ORDINANCE NO. 574 AN ORDINANCE AMENDING THE FEE SCHEDULE. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2022-90 APPROVING FINAL 2023 TAX LEVY AND FISCAL YEAR 2023 BUDGET Finance Director Kristen Schabacker explained that the Council was being asked to adopt the final budget and levy for Fiscal Year 2023. Councilor Duggan referenced Item 4620 related to street lighting and asked for more information. Finance Director Kristen Schabacker stated that there were three projects proposed for streetlights and provided a summary of those details. Councilor Duggan noted the budget of $113,000 but noted a percentage change of zero. He commented that considering the productivity and work of the Finance Director, the Council is very pleased that she continues to represent the City. He noted that he does not see proposed expenditures proposed for the upcoming designs/changes for the Police Department and City Hall. Finance Director Kristen Schabacker replied that this is the operating budget for City Hall and not the budget for that particular project. Councilor Paper referenced the parks and trails mentioned on page 444 and asked why the boards are proposed to be replaced at Wentworth for the ice rink. Public Works Director Ryan Ruzek stated that staff recently walked all the parks to develop the capital improvement plan and those boards are in rough shape. He noted that they are hoping to salvage some of the posts. He stated that it has been identified as a potential need for that year but could possibly be pushed back as well. Mayor Levine commented that the City has a fine structure, using the example of after the fact permits. She stated that she would like the Council to discuss how people are fined for after the fact permits in the upcoming year. She recognized the effort that staff has put forth to alert residents to the process and permits that would be necessary. She stated that if people do not follow the rules, it seems that they get a little slap on the wrist and would like to see that increased. City Council | Tuesday, December 20, 2022 | Page 7 of 156 December 6, 2022 Mendota Heights City Council Page 8 of 10 Councilor Duggan stated that he would be cautious about moving forward with that type of increase until they have further educated residents about the ordinance changes that have been implemented. Mayor Levine agreed but noted that it is also something she would like to explore through further discussion in the future. Councilor Mazzitello stated that perhaps that could be discussed when the increase in field use fees are discussed. Councilor Duggan noted that a few break the rules and would not want to see others penalized in return for some not following the rules. Councilor Miller moved to open the public hearing. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 There being no one coming forward to speak, Councilor Duggan moved to close the public hearing. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 Mayor Levine commented that this was a great budget process and noted that the City continues to save for the future. She also recognized that the City is very fiscally responsible while providing high quality services. She was proud that they were able to present a budget with modest increases in this time of inflation and increasing costs. Councilor Mazzitello moved to approve RESOLUTION 2022-90 APPROVING FINAL 2022 TAX LEVY COLLECTIBLE IN 2023 AND ADOPTING PROPOSED BUDGET FOR 2023. Councilor Duggan seconded the motion. Further discussion: Councilor Duggan noted on page 423 there is a line item for tennis lessons but did not see an item for pickleball lessons. Parks and Recreation Coordinator Meredith Lawrence noted that item is for supplies that may be necessary and can be used for pickleball as well. She confirmed that there is funding available within the budget for pickleball lessons as well. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming openings on advisory commissions and provided details on how interested parties can apply. She also announced upcoming activities and events. City Council | Tuesday, December 20, 2022 | Page 8 of 156 December 6, 2022 Mendota Heights City Council Page 9 of 10 COUNCIL COMMENTS Councilor Duggan asked for an update on the indoor pickleball court that will be occupying a building in the business court. Community Development Director Tim Benetti replied that the owner of the site, and applicant for the project, has not yet started the project and is exploring the option of requesting outdoor recreational uses in that zoning district. He noted that would allow for outdoor courts as well. He stated that request could come forward in January, but some work could begin on that site very soon. He confirmed that permits have not yet been pulled for the indoor work. Councilor Duggan wished everyone blessings for the holiday season and games for those involved in games. Councilor Paper thanked the residents that spoke from the Sylvandale neighborhood as it is good to hear from residents. He also thanked staff for explaining that the letter had the sole purpose of soliciting input from residents on what they want from the project. He thanked Mr. Hanson and reminded residents that the students will be debuting their anti-vaping video on January 2nd at Two Rivers High School at 5:30 p.m. Councilor Miller stated that in 2017 a small group of residents put together the first annual Greater Mendota Pub Crawl, which has grown since that time celebrating local businesses and establishments. He stated that the event will take place Saturday, December 17th and noted that additional information can be found on social media. He stated that there will be designated drivers to help residents celebrate local businesses. He encouraged residents to participate. Councilor Mazzitello echoed the comments of appreciation for resident input from Councilor Paper. He noted that the process to solicit resident input is important to gather information from those that are impacted by projects in order to provide the best design. He invited residents to apply to serve on advisory commissions, noting that all members of the Council have served on advisory commissions. He thanked the Public Works Department for continuing to provide quick, efficient, and thorough service when it snows. ADJOURN Councilor Duggan moved to adjourn. Councilor Mazzitello seconded the motion. Further discussion: Mayor Levine commented that Coffee with the Council will be held January 14th at 9 a.m. at the Copperfield. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 7:34 p.m. City Council | Tuesday, December 20, 2022 | Page 9 of 156 December 6, 2022 Mendota Heights City Council Page 10 of 10 ____________________________________ Stephanie B. Levine Mayor ATTEST: _______________________________ Christine S. Lusian City Clerk City Council | Tuesday, December 20, 2022 | Page 10 of 156 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the City Council Closed Session Held December 6, 2022 Pursuant to due call and notice thereof, a meeting of the City Council, City of Mendota Heights, Minnesota was held at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 5:20 pm. Councilors Duggan, Mazzitello, Miller, and Paper were present. CLOSED SESSION TO DISCUSS ATTORNEY/CLIENT PRIVILEGE MATTERS A motion was made by Councilor Mazzitello, seconded by Councilor Miller, to adjourn to a closed session pursuant to Minnesota Statutes, Section 13D.05, subdivision 3(b), to engage in confidential attorney-client communications related to James Lee v. The City of Mendota Heights. The motion passed 5-0. Mayor Levine adjourned to a closed session of the City Council at 5:21 pm. Those present in the closed session included Mayor Levine, Councilmembers Duggan, Mazzitello, Miller and Paper. Also in attendance were City Administrator Cheryl Jacobson and Assistant City Administrator Kelly Torkelson. A motion was made by Councilor Miller and seconded by Councilor Paper to adjourn the closed meeting and to return to the open meeting at 5:56 pm. The motion passed 5-0. ADJOURN Mayor Levine adjourned the meeting at 5:57 pm. ___________________________ Stephanie B. Levine, Mayor ____________________________ Christine Lusian, City Clerk 5bCity Council | Tuesday, December 20, 2022 | Page 11 of 156 This page intentionally left blank. City Council | Tuesday, December 20, 2022 | Page 12 of 156 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING NOVEMBER 9, 2022 The November meeting of the Mendota Heights Parks and Recreation Commission was held on Wednesday, November 9, 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, Jaffrey Blanks, Patrick Cotter, Stephanie Meyer, Michelle Muller, Dan Sherer and Amy Smith; absent: none. Student Representative: Meg Murphy. Staff present: Parks and Recreation Manager Meredith Lawrence, Recreation Coordinator Matt Colwell, and Public Works Director Ryan Ruzek. 3. Pledge of Allegiance The Pledge of Allegiance was recited. 4. Approval of Agenda Motion Meyer/second Blanks, to approve the agenda AYES 7: NAYS 0 5.a Approval of Minutes from October 19, 2022 Regular Meeting Motion Blanks/second Smith to approve the minutes of the October 19, 2022 Parks and Recreation Commission Regular Meeting. Further discussion: Commissioner Sherer noted on page six, it was mentioned by MHAA Soccer In-House Director that soccer has a large budget that supplements other MHAA sports. He clarified that is not exactly the case as each sport acts independently within its own budget. Chair Klepperich stated that is a statement that was made at the meeting and therefore that cannot be corrected, but an additional statement could be made at this meeting that will also be a part of the record. AYES 7: NAYS 0 Commissioner Sherer clarified that MHAA has multiple sports and each works independently within its budget. He stated that one sport does not subsidize another. 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 briefly reviewed the 2022 September Financial Report. She reviewed the round report and course report, noting that they plan to close the course the following day. She stated that they are still awaiting delivery of the equipment that was ordered earlier this year. 5cCity Council | Tuesday, December 20, 2022 | Page 13 of 156 Commissioner Meyer commented that she was happy to see the revenue. She asked if the equipment was funded through the course funds or City budget. Ms. Lawrence stated that the course has had a few healthy years and three of the four pieces of equipment were funded through the course budget. She stated that the proposed 2023 projects for the course are proposed to be funded through the course. Commissioner Sherer asked if the clubhouse is heated and asked if there have been discussions about winter programing or alternative use during that season. Recreation Coordinator Matt Colwell replied that the clubhouse is heated, and they are planning to offer some winter programing in that space this year. 7.b Recreation Update Recreation Coordinator Matt Colwell highlighted winter break field trip opportunities being offered in partnership with other communities. He highlighted other upcoming programing opportunities and provided a review of recent events such as the Trick-or-Teeing event. Chair Klepperich asked for an update on the planning for Frozen Fun Fest. Mr. Colwell stated that they are holding a final marketing meeting this week for the event. Commissioner Muller commented that her kids enjoyed the playground park camp that was offered this past summer and would love to see that continue in 2023. 7.c Parks Improvement Update Parks and Recreation Manager Meredeith Lawrence provided an update on the progress of park improvement projects and planning for proposed 2023 projects. Commissioner Smith asked if an independent firm would be working on the skate park project rather than a skate park vendor. Ms. Lawrence stated that an engineering firm would be doing work related to soil borings and a topographical survey because the location at Rogers Lake has not had work done recently. Public Works Director Ryan Ruzek stated that staff proposes a team to work on this including an engineering firm and skate park professional to assist with the project. Commissioner Smith asked if the skate park professional would be tied to a company. Ms. Lawrence confirmed that they are tied to a design company. Commissioner Muller asked if these services would come out of the budget for that project. Ms. Lawrence confirmed that those services would be funded through the project budget, noting that the Council authorized an additional $75,000 for the project. Therefore, the total project budget could be up to $300,000. Commissioner Muller asked the cost for the consultants. Mr. Ruzek replied that the engineering consultant would have a cost of about $31,000 and skate park consultant is about $9,000 for a total of about $40,000 for the consultant services. City Council | Tuesday, December 20, 2022 | Page 14 of 156 Commissioner Muller asked what changed that requires the consulting services. Mr. Ruzek replied that this would have always been part of the process. He stated that they would not rip up and laydown more pavement without doing the investigative work to ensure it will last. Ms. Lawrence stated that this time there are dedicated funds for the project, noting that she would like to have a proposal for the project ready to go before the Council in March to move forward with construction. Commissioner Cotter commented that he is pleased to see that all of the projects made it through the preliminary budget process as this is a great slate of projects. He asked if $100,000 would be sufficient for the warming house. Mr. Ruzek replied that they have scaled down to a warming house similar to the other warming houses at City parks. He stated that the last bid for a similar style warming house was $55,000, so $100,000 should be sufficient. Commissioner Cotter asked the likelihood that the project would be completed in 2023. Mr. Ruzek replied that there would not be any special materials and therefore he didn’t foresee any supply chain issues. He noted that the last three quotes received in 2018 were from local vendors who would be likely to bid the project again. Commissioner Cotter referenced the dugouts and asked if there is pressure that could be put on to ensure this could be completed before the baseball season as this project was awarded last spring. Ms. Lawrence confirmed that the project was awarded in April but there were supply chain issues that caused delays. She noted that because they are late in the season, the concrete work could not be completed once it gets too cold. She confirmed that staff will be placing pressure on the contractor. Mr. Ruzek replied that this work could be done in the daytime which would still allow evening play on the field. Commissioner Meyer asked if there was information about the private pickleball business that will be opening. Mr. Ruzek replied that he could provide that information at the December meeting, noting that there will be a private membership club in an industrial area that will offer pickleball, a fitness center, and other offerings. Commissioner Sherer asked if there is anything that could be differently with contracts to ensure projects are completed. Mr. Ruzek replied that their fear in doing that would be that contractors would not bid on the work or would provide a much higher cost because of the uncertainties in the market. Commissioner Sherer asked if it would help to do prebid exploration with contractors to determine availability. City Council | Tuesday, December 20, 2022 | Page 15 of 156 Mr. Ruzek replied that the City has great relationships with the contractors, but they are very busy and are not fighting for work. Commissioner Sherer commented that the finished product at Mendakota looks great. Chair Klepperich asked for two Commission members to serve on the committee for the skate park. Ms. Lawrence replied that Commissioner Blanks has volunteered and although they do not need two members, another member could join if interested. Commissioner Muller volunteered to serve on the skate park committee as well. Motion Meyer/second Cotter to acknowledge the staff reports. AYES 7: NAYS 0 8. New Business 8.a SALVO Soccer Presentation Chair Klepperich stated that he and Commissioner Blanks thought it would be a good idea to continue hearing presentations from MHAA sports and believed that it would be helpful to reach out to SALVO to find out more about them as well. Parks and Recreation Manager Meredith Lawrence stated that representatives from SALVO are present tonight to provide information to the Commission. Peter Rivard, SALVO Technical Director, introduced the members present tonight. He explained how SALVO was created by merging different local soccer clubs. He reviewed the mission, vision, and values of the organization as well as the unique things about their program. He stated that their guarantee is that your child would have a place to play. He stated that SALVO is a nonprofit with a volunteer Board, noting that MHAA has a place on that Board. He explained the differences about soccer in the state compared to other sports. He explained the “Powered by SALVO Soccer Club Program” which offers support to the athletic association. He stated that from their position the City of Mendota Heights does a good job and staff is great to work with. He stated that they were asked what could be done and stated that they could use more fields. He noted that there could be a change to their priority status but recognized that would be a larger policy discussion. He also provided an idea for an opportunity to perhaps utilize school district fields/green space within Mendota Heights but noted that those sites would need improvement and maintenance. He provided statistics on the involvement of Mendota Heights residents in their club. He commented that there are many private schools in this area and therefore families travel to go to school here and want to play their sports here as well. Commissioner Cotter commented that essentially SALVO provides support to the community of Mendota Heights and provides the opportunity for traveling teams. He asked if the partnership seems to be working well. Mr. Rivard commented that they were diligent to not make many changes the first year as it was already a successful program. He noted that after that first year they were able to determine if there were things that could be tweaked to make the program better or more efficient. Commissioner Cotter recognized that Woodbury is a much larger community and asked if the program in Mendota Heights would still be comparable. City Council | Tuesday, December 20, 2022 | Page 16 of 156 Mr. Rivard commented that the fall program is similar to the Woodbury program. He stated that the spring portion is different from some of the other communities. He noted that the Woodbury spring program was similar about 10 years ago and has grown since that time. He went back to the issue of fields, noting that the MHAA soccer program is utilizing district fields because there is not availability in Mendota Heights parks. He noted that they did utilize Kensington before but that was not a good experience for adjacent residents because of the lack of parking and they do not want to disrupt residents. Commissioner Smith commented that she is involved with SALVO. She stated that the team she is involved with is comprised of at least 80 percent Mendota Heights and West St. Paul residents and the majority of the time they are using fields in West St. Paul and Rosemount. She commented that people from Mendota Heights are not playing in their backyards. Mr. Rivard commented that in the spring/summer season SALVO has half a field based on the city’s field allocation. He commented that in the fall they were at Kensington. He asked what Commissioner Smith would propose for the spring. Commissioner Smith acknowledged that in the spring SALVO is going up against lacrosse, which is only a boy’s sport, which means all the fields are being used by boys. Mr. Rivard commented that would go back to his reference to changing the priority status of SALVO because they would then be on even footing with lacrosse for those teams. Commissioner Smith commented that SALVO should be at the same status as MHAA. Mr. Rivard commented that there has to be give and take as they only have half of a field in the spring, and they are giving up that space to allow others to use in order to maximize the resources available. Commissioner Sherer commented that there are soccer fields at Kensington, Friendly Hills and Mendakota along with the school district fields. He asked if there is a reason the 197 fields are not used. Lisa Wolf, SALVO Director, commented that it is their understanding that the district uses those fields for baseball in the summer and the soccer fields overlap with an outfield, so they are allocated to baseball. Ms. Lawrence provided background information noting that the City has two dedicated soccer fields at Kensington Park. She stated that in 2017 lacrosse was not using the City fields as much because it was not that popular and therefore SALVO had a lot of access to that facility. She stated that this spring at Kensington, lacrosse had priority and used one of the full fields for lacrosse and used a half field for younger children to use for lacrosse which left half of a field for soccer. She stated that there is one field available at Mendakota which SALVO had access to in the spring, summer, and fall. She stated that in the fall they line the Friendly Hills baseball field at the park for soccer. She acknowledged that it is a difficult field for soccer because there is no irrigation at the park and significant grade changes. She stated that the City has no say in school district usage as the district administration allocates that usage. She stated that if there were an interest in more soccer use at this time, it would happen by changing priority, which would impact MHAA lacrosse. She stated that staff has been looking to determine if there is baseball space that could be repurposed in the fall but the spacing would be tight. City Council | Tuesday, December 20, 2022 | Page 17 of 156 Commissioner Cotter stated that he appreciates that SALVO attempts to work with the school district, which could be different than the City trying to work with the district. He noted that the community program almost exclusively used district fields and perhaps that same partnership could be utilized in all seasons. Mr. Rivard commented that they work in other communities where there are cooperative agreements between the municipality and the school district which opens things up. He stated that they do not have any beef with lacrosse having something they do not. He stated that Ms. Lawrence is good to work with and perhaps those relationships could be leveraged all the way around by her. He agreed that the school fields sit quiet and believed there would be value in exploring that collectively. He stated that with the school district there are discussions that need to occur related to watering and mowing. He stated that having access without upkeep is not of much value to them. Ms. Lawrence stated that SALVO has done a great job in trying to optimize the available resources in Mendota Heights, noting that SALVO has purchased soccer goals that were donated to the City and can be used by anyone in order to have access to Friendly Hills to use in the fall. He stated that staff can have conversations about a cooperative agreement. She noted that there was a use agreement related to Sibley Park, but the agreement was not being followed. She stated that the City only has so many resources and therefore this continues to be a discussion with all user groups. She stated that they attempt to utilize those resources as best they can. Commissioner Blanks stated that from an equity standpoint he feels that soccer should have more opportunity. Commissioner Muller referenced the merge of programing noting that she had three children that participated at the community level and did not go further. She commented that there is a learning curve in the new process with registering on the website and following the emails. She noted that it would be helpful to have some education for parents on how the navigate through the system. Commissioner Sherer commented that he also has children aged one to ten, three of which participated in the MHAA/SALVO program. He stated that the things that concerns him is that at 11/12 the MHAA program ends, and the choice needs to be made whether to transition to travel. He commented that the other MHAA sports programs offer traveling options at an affordable price. He noted the recent shift to club sports which prices many families out. He stated that for fall travel the price would be $750 for one child. He noted that the winter session had a cost of $1,400. He asked how the pricing reached this level and whether there is anything offered by the club to keep things affordable. Ms. Wolf commented that as a nonprofit organization they are proud that 75 percent of every dollar spent goes towards direct costs. She stated that they also offer financial aid for all of their programs, noting over $100,000 in financial aid offered this year. She stated that they look for those funding opportunities outside of the funds paid by other families. Commissioner Sherer asked the guidelines for scholarships and whether that is made known to families. He noted that many families look at the cost and do not proceed further. Ms. Wolf commented that the financial aid is an open application that is income-based. She recognized that a family’s situation this year may be different than what was shown on their tax City Council | Tuesday, December 20, 2022 | Page 18 of 156 return the previous year. She stated that in addition to financial aid, they work with families individually offering payment plans and other options. Commissioner Smith noted that there are other fundraising opportunities families can participate in to raise funds for the program. Chair Klepperich stated that he has two grandchildren in the SALVO program that have done well and thanked the representatives for their presentation tonight. 8.b Appointment to Valley View Heights Playground Subcommittee Parks and Recreation Manager Meredith Lawrence stated that a subcommittee was used for the Marie Park playground RFP, and it is recommended to follow the same process for Valley View Heights. She stated that the process allows residents to be involved and provide input. She noted that up to three members of the Commission can participate in the subcommittee and reviewed the responsibilities. Commissioners Blanks and Sherer volunteered. Chair Klepperich stated that perhaps Student Representative Murphy would also like to be involved. She agreed to participate. 9. Unfinished Business 9.a 2023 Fee Schedule Recommendation Chair Klepperich commented that in a recent workshop, the City Council decided that there would be no significant increases in fees for 2023. He noted that in this proposal, there would be a $1 increase per round for the Par 3 and elimination of the senior golf pass for the course. Parks and Recreation Manager Meredith Lawrence stated that staff is asking for a recommendation on the fee schedule which will go before the City Council in December. She provided background information on the fee schedule and proposed changes. Commissioner Sherer stated that he would also recommend that the Council consider a waiver for MHAA tournament fees not to exceed $498. Chair Klepperich stated that would not be part of the process tonight and would need to follow the same waiver process that was followed this year. Ms. Lawrence confirmed that the waiver process is not included in the fee schedule. Commissioner Meyer asked if the senior pass would perhaps be more successful if a golf cart were included or whether the recommendation would still be to eliminate the pass. Ms. Lawrence stated that a golf cart is currently $10 per use and therefore a pass fee would need to be raised in cost if the cart were going to be included. She noted that the four people that purchased senior passes brought their own pull carts and walked. Commissioner Blanks commented that the initial intent was to encourage seniors to be active and move. City Council | Tuesday, December 20, 2022 | Page 19 of 156 Ms. Lawrence stated that the course is heavily used by seniors, and many were not interested as they prefer to purchase the ten round passes. Commissioner Cotter noted that this senior pass was tried for two years and four people used it, with a preference for the ten-round pass. He commented that the budget continues to improve, and the number of rounds remains consistent for the course. Commissioner Sherer referenced the canoe rack rentals and received confirmation that Mendota Heights residents still receive priority. Motion Cotter/second Blanks to recommend approval of the 2023 fee schedule as proposed by staff. AYES 7: NAYS 0 9.b Community Engagement Outreach Update Parks and Recreation Manager Meredith Lawrence commented that there have been six months for engagement and therefore this would be the time to provide updates in order for staff to compile the results prior to the workplan worksession. The Commissioner provided an update on the user groups that they have met with and have not met with. Commissioner Meyer commented that while this information can be used for future planning, she would find value in continuing these discussions with user groups in the future. Commissioner Blanks agreed that the intention would be to continue these sessions, but the desire was to sum up these meetings to prepare for the worksession. 9.c Park and Recreation Strategic Planning Update Parks and Recreation Manager Meredith Lawrence stated that the goals for 2022 have been accomplished. She stated that they would use the feedback to set out the goals for 2023 which will also be discussed at the December 1st worksession. 10. Staff Announcements Parks and Recreation Manager Meredith Lawrence shared the following announcements: • The Bike and Ped Plan was accepted by the City Council at its last meeting • Golf Course will close the following day • Warming house staff, skating instructors and rink flooders are needed • Other events can be found on the City’s website 11. Student Representative Update Student Representative Murphy commented that it has been great to see the engagement in the community and presentations from sports associations and clubs. She looks forward to helping on the playground subcommittee. 12. Commission Comments and Park Updates Ms. Lawrence noted that pickleball nets will be removed the following day. She noted that opening of the warming houses is not yet known as that will depend on the quality of the ice. City Council | Tuesday, December 20, 2022 | Page 20 of 156 She noted that staff is watching the weather and will begin flooding once they believe it will be successful. Commissioner Smith • No report Commissioner Cotter • Thanked SALVO and their approach, temperament, and presentation. He asked how Mendota Heights can continue to compete for open space and costs when much smaller than other communities. He agreed with the concept of continuing to partner with the school district and other communities. He stated that his children participate in SALVO, and he wants to see it succeed. • Pleased to see preliminary approval for the major park projects for 2023 • Hopeful that the Wentworth warming house comes to fruition in 2023 Commissioner Blanks • Mendakota and Valley parks are great and highly utilized • Would like to see adjustable basketball hoops at Mendakota Commissioner Muller • Thanked SALVO and Chair Klepperich and Commission Blanks for inviting the user groups to make presentations • Kensington continues to be quiet • Rogers Lake is always beautiful this time of year • Congratulations to the newly elected positions in Mendota Heights • Thanked Officer Raberge for an incident he handled well with Mendota Heights youth Commissioner Meyer • Marie Park is always active Commissioner Sherer • People have been enjoying Market Square with the warmer temperatures • Hagstrom King attracts local residents along with others • His son’s travel basketball team had an outdoor practice last week with the warmer temperatures • Thanked SALVO for the presentation Chair Klepperich • Thanked SALVO for their presentations and efforts in making their program successful • Attended the Council meeting the previous week at which many residents spoke about an opportunity to create a senior center, in partnership with two other communities, on the previous Y site. • Acknowledged the long hours of staff working to support the election the previous day and commended their efforts 13. Adjourn Motion Blanks/Second Cotter to adjourn the meeting at 8:11 PM AYES 7: NAYS 0 Minutes drafted by: Amanda Staple TimeSaver Off Site Secretarial, Inc. City Council | Tuesday, December 20, 2022 | Page 21 of 156 This page intentionally left blank. City Council | Tuesday, December 20, 2022 | Page 22 of 156 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Parks and Recreation Commission Work Session December 1, 2022 Pursuant to due call and notice thereof, a work session of the Parks and Recreation Commission, City of Mendota Heights, Minnesota was held at 1101 Victoria Curve, Mendota Heights, MN 55118. CALL TO ORDER Chair Bob Klepperich called the meeting to order at 6:05pm. Commissioners Amy Smith, Michelle Muller, Dan Sherer (left at 7:28pm), Jaffrey Blanks and Stephanie Meyer were also present. City staff present included Meredith Lawrence, Parks and Recreation Manager, Ryan Ruzek, Public Works Director and Cheryl Jacobson, City Administrator. Parks and Recreation Manager Lawrence stated that the goal of the work session is for staff to be made aware of the commission’s strategic planning initiative priorities for 2023. REVIEW DEMOGRAPHICS Parks and Recreation Manager Lawrence briefly reviewed the city’s basic population demographics that were presented at the September commission meeting. The commissioners discussed the demographics and their impact on operations, infrastructure, and Mendota Heights parks and recreation programming in the future. REVIEW COMMUNITY ENGAGEMENT EFFORTS FROM COMMISSIONERS Parks and Recreation Manager Lawrence provided the commissioners with the documentation that was received from the commissioners, based on their commission-lead initiative to conduct community engagement. The Commissioners discussed the results and the desire to continue community engagement in 2023. RE-MANEUVERING EXERCISE Parks and Recreation Manager Lawrence lead the commissioners through a re-maneuvering exercise. Commissioners each shared their thoughts in regards to the city’s parks and recreation accomplishments, in-progress projects, and barriers/setbacks from the last year and a half. Staff and the commissioners discussed how this SWOT analysis will impact the 2023 work plan priorities. PRACTICAL VISIONING EXERCISE Parks and Recreation Manager Lawrence lead the commissioners through a practical visioning exercise. Commissioners each shared their 2023 priorities in regards to the seven initiatives listed in their strategic plan: 1.Sustainable source of funding for Parks and Recreation 2.A leading community with invested partners 5dCity Council | Tuesday, December 20, 2022 | Page 23 of 156 3. Greater connection to the natural environment 4. A safe, connected, walkable and bikeable community 5. Vibrant and diverse community programming 6. Active recreational facilities for all ages 7. Effective two-way communication with an informed community Parks and Recreation Manager Lawrence thanked the commissioners for their time and insight. She noted that staff will begin compiling the information into a Draft 2023 Parks and Recreation Work Plan to be reviewed by the commissioners at their January, 2023 meeting. The commission adjourned the meeting at 7:48pm. Minutes Taken By: Meredith Lawrence Parks and Recreation Manager City Council | Tuesday, December 20, 2022 | Page 24 of 156 Request for City Council Action DATE: December 20, 2022 TO: Mayor, City Council and City Administrator FROM: Meredith Lawrence, Parks and Recreation Manager SUBJECT: Acknowledge the October Par 3 Financial Report INTRODUCTION The City Council is asked to acknowledge the October Par 3 Financial Report. BACKGROUND In the month of October, the course had a total of 1,077 rounds of golf played. The Par 3 had a total of $14,928 in revenue during the month of October. The 2022 year-to-date revenue total including October is $261,389. The course’s October expenditures totaled $13,411. The year-to-date expenditure total is $197,358. As of now the course is showing a $64,031 operating surplus. Attachment: October Par 3 Financial Report RECOMMENDATION Staff recommends that the Mendota Heights City Council acknowledge the October Par 3 Financial Report. ACTION REQUIRED If the Council concurs, it should, by motion acknowledge the October Par 3 Financial Report. 5eCity Council | Tuesday, December 20, 2022 | Page 25 of 156 MONTHLY EXPENDITURE REPORT OCTOBER 2022 MENDOTA HEIGHTS PAR 3 BUDGET TO ACTUAL REPORT OCTOBER 2022 (83.33% OF YEAR) October REVENUES October YTD YTD YTD BUDGET 2022 2022 %2021 GREENS, LEAGUE & TOURN FEES $110,000 $10,140 $173,550 157.77%$165,459 RECREATION PROGRAMS $40,000 $2,570 $53,928 134.82%$49,488 CONCESSIONS $19,000 $2,189 $33,486 176.24%$24,971 SUNDRY REVENUE $0 $30 $425 100.00%$1,221 INTEREST $450 $0 $0 0.00%$0 INSURANCE CLAIM $0 $0 $0 0.00%$0 PAR 3 FUND REVENUE TOTAL $169,450 $14,928 $261,389 154.26%$241,139 EXPENDITURES October YTD YTD YTD BUDGET 2022 2022 %2021 CLUBHOUSE SALARIES $34,300 $3,813 $43,152 125.81%$41,071 ADMINISTRATIVE SALARIES $25,807 $2,239 $20,437 79.19%$19,384 FICA/PERA $10,768 $928 $9,553 88.71%$8,991 MEDICAL INSURANCE $6,851 $571 $5,709 83.33%$5,544 U/E & W/C INSURANCE $3,100 $0 $3,103 100.09%$3,217 RENTALS $4,750 $0 $6,298 132.60%$4,994 UTILITIES $12,555 $1,381 $11,313 90.11%$10,306 PROFESSIONAL FEES - AUDIT $2,900 $0 $2,877 99.21%$2,850 PROF FEES - CONSULTING FEES $1,100 $0 $0 0.00%$0 PROF FEES - GROUNDS MGMT $7,050 $0 $3,728 52.88%$0 PROF FEES - GROUNDS WAGES $22,000 $1,456 $17,229 78.32%$21,401 PROF FEES - TREE MAINTENANCE $1,500 $0 $5,300 353.33%$909 LIABILITY/AUTO INSURANCE $4,800 $0 $3,885 80.94%$3,997 OPERATING COSTS/SUPPLIES $7,850 $93 $10,766 137.15%$9,592 FUEL $1,750 $280 $2,571 146.94%$1,614 REPAIRS & MAINTENANCE $47,500 $1,835 $39,355 82.85%$43,719 SUNDRY/DUES/MILEAGE/CLOTHING $5,500 $18 $3,196 58.12%$8,696 ONLINE REG & CREDIT CARD FEES $7,475 $798 $8,884 118.85%$6,338 PAR 3 EXPENDITURES TOTAL $207,556 $13,411 $197,358 95.09%$192,623 12/13/2022 City Council | Tuesday, December 20, 2022 | Page 26 of 156 Request for City Council Action DATE: December 20, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2022-95 Agreement Appointing MnDOT as Agent for the City on Federally Funded Projects INTRODUCTION The Council is asked to approve a resolution allowing MnDOT to act as the City’s agent in accepting federal aid. BACKGROUND The Agency Delegated Contracting Process Agreement allows the Minnesota Department of Transportation (MnDOT) to act as the City’s agent in accepting federal aid. The agreement is intended to cover any and all federally funded projects that the City of Mendota Heights is awarded. The agreement is an update from a previous agreement approved in 2017. There were no substantial changes made to the original agreement but federal rules required MnDOT to alter some language. Changes include: -Updated CFDA to Assistance Listing Number (ALN) and DUNS to Unique Entity Identifier (UEI) -Addition of section 8.6 Electronic records and signatures -Addition of section 8.7 Certification -Addition of section 18.3 Title VI language/section -Addition of section 18.4 Buy America -Addition of section 18.1.11 referencing 2 CFR 200.216 Prohibition on certain telecommunications and video surveillance services or equipment -Addition of section 18.1.12 referencing 2 CFR 200. 322 Domestic preference for procurements Without an approved agreement, Mendota Heights would not be eligible to receive federal funding through the State Aid for Local Traffic (SALT). Upcoming Dakota County projects are intended to receive federal funding. BUDGET IMPACT None 5fCity Council | Tuesday, December 20, 2022 | Page 27 of 156 RECOMMENDATION Staff recommends that the City Council approve the Resolution for an agency agreement with MnDOT. ACTION REQUIRED If Council wished to act on the staff recommendation, pass a motion adopting RESOLUTION FOR AGENCY AGREEMENT BETWEEN MNDOT AND THE CITY OF MENDOTA HEIGHTS. This action requires a simple majority vote. City Council | Tuesday, December 20, 2022 | Page 28 of 156 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOULTION NO. 2022-95 RESOLUTION FOR AGENCY AGREEMENT BETWEEN MNDOT AND THE CITY OF MENDOTA HEIGHTS BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Mendota Heights to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Mayor and the City Clerk are hereby authorized and directed for and on behalf of the City of Mendota Heights to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 1052217", a copy of which said agreement was before the City Council and which is made a part hereof by reference. Adopted by the City Council of the City of Mendota Heights this twentieth day of December, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS By________________________________ Stephanie B. Levine, Mayor ATTEST: _____________________________ Christine Lusian, City Clerk STATE OF MINNESOTA CITY OF MENDOTA HEIGHTS I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented to and adopted by the City of Mendota Heights at a duly authorized meeting thereof held on the 20th day of December 20, 2022 as shown by the minutes of said meeting in my possession. ________________________ Christine Lusian, City Clerk Notary Public My Commission expires _________ (SEAL) City Council | Tuesday, December 20, 2022 | Page 29 of 156 MnDOT Contract No. 1052217 Updated November 7, 2022 1 STATE OF MINNESOTA AGENCY AGREEMENT for FEDERAL PARTICIPATION IN CONSTRUCTION This Agreement is entered into by and between City of Mendota Heights (“Local Government”) and the State of Minnesota acting through its Commissioner of Transportation (“MnDOT”). RECITALS 1. Pursuant to Minnesota Statutes Section 161.36, the Local Government desires MnDOT to act as the Local Government’s agent in accepting federal funds on the Local Government’s behalf for the construction, improvement, or enhancement of transportation financed either in whole or in part by Federal Highway Administration (“FHWA”) federal funds, hereinafter referred to as the “Project(s)”; and 2. This Agreement is intended to cover all federal aid projects initiated by the Local Government and therefore has no specific State Project number associated with it, and 2.1. The Assistance Listing Number (ALN) is 20.205, 20.224, 20.933 or another Department of Transportation ALN as listed on SAM.gov and 2.2. This project is for construction, not research and development. 2.3. MnDOT requires that the terms and conditions of this agency be set forth in an agreement. AGREEMENT TERMS 1. Term of Agreement; Prior Agreement 1.1. Effective Date. This Agreement will be effective on the date that MnDOT obtains all required signatures under Minn. Stat. §16C.05, Subd. 2. This Agreement will remain effective until it is superseded or terminated pursuant to section 14. 1.2. Prior Agreement. This Agreement supersedes the prior agreement between the parties, MnDOT Contract Number 1029972. 2. Local Government’s Duties 2.1. Designation. The Local Government designates MnDOT to act as its agent in accepting federal funds on its behalf made available for the Project(s). Details on the required processes and procedures are available on the State Aid Website. 2.2. Staffing. 2.2.1. The Local Government will furnish and assign a publicly employed and licensed engineer, (“Project Engineer"), to be in responsible charge of the Project(s) and to supervise and direct the work to be performed under any construction contract let for the Project(s). In the alternative, where the Local Government elects to use a private consultant for construction engineering services, the Local Government will provide a qualified, full‐time public employee of the Local Government to be in responsible charge of the Project(s). The services of the Local Government to be performed hereunder may not be assigned, sublet, or transferred unless the Local Government is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This City Council | Tuesday, December 20, 2022 | Page 30 of 156 MnDOT Contract No. 1052217 2 written consent will in no way relieve the Local Government from its primary responsibility for performance of the work. 2.2.2. During the progress of the work on the Project(s), the Local Government authorizes its Project Engineer to request in writing specific engineering and/or technical services from MnDOT, pursuant to Minnesota Statutes Section 161.39. Such services may be covered by other technical service agreements. If MnDOT furnishes the services requested, and if MnDOT requests reimbursement, then the Local Government will promptly pay MnDOT to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current MnDOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Provision of such services will not be deemed to make MnDOT a principal or co‐ principal with respect to the Project(s). 2.3. Pre‐letting. The Local Government will prepare construction contracts in accordance with Minnesota law and applicable Federal laws and regulations. 2.3.1. The Local Government will solicit bids after obtaining written notification from MnDOT that the FHWA has authorized the Project(s). Any Project(s) advertised prior to authorization without permission will not be eligible for federal reimbursement. 2.3.2. The Local Government will prepare the Proposal for Highway Construction for the construction contract, which will include all federal‐aid provisions supplied by MnDOT. 2.3.3. The Local Government will prepare and publish the bid solicitation for the Project(s) as required by state and federal laws. The Local Government will include in the solicitation the required language for federal‐aid construction contracts as supplied by MnDOT. The solicitation will state where the proposals, plans, and specifications are available for the inspection of prospective bidders and where the Local Government will receive the sealed bids. 2.3.4. The Local Government may not include other work in the construction contract for the authorized Project(s) without obtaining prior notification from MnDOT that such work is allowed by FHWA. Failure to obtain such notification may result in the loss of some or all of the federal funds for the Project(s). All work included in a federal contract is subject to the same federal requirements as the federal project. 2.3.5. The Local Government will prepare and sell the plan and proposal packages and prepare and distribute any addenda, if needed. 2.3.6. The Local Government will receive and open bids. 2.3.7. After the bids are opened, the Local Government will consider the bids and will award the bid to the lowest responsible bidder or reject all bids. If the construction contract contains a goal for Disadvantaged Business Enterprises (DBEs), the Local Government will not award the bid until it has received certification of the Disadvantaged Business Enterprise participation from the MnDOT Office of Civil Rights. 2.3.8. The Local Government must disclose in writing any potential conflict of interest to the Federal awarding agency or MnDOT in accordance with applicable FHWA policy. 2.4. Contract Administration. 2.4.1. The Local Government will prepare and execute a construction contract with the lowest responsible bidder, hereinafter referred to as the “Contractor,” in accordance with the special provisions and the latest edition of MnDOT’s Standard Specifications for Construction when the contract is awarded and all amendments thereto. All contracts between the Local Government and third parties or subcontractors must contain all applicable provisions of this Agreement, including the applicable City Council | Tuesday, December 20, 2022 | Page 31 of 156 MnDOT Contract No. 1052217 3 federal contract clauses, which are identified in Appendix II of 2 CFR 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and as identified in Section 18 of this Agreement. 2.4.2. The Project(s) will be constructed in accordance with the plans, special provisions, and standard specifications of each Project. The standard specifications will be the latest edition of MnDOT Standard Specifications for Highway Construction and all amendments thereto. The plans, special provisions, and standard specifications will be on file at the Local Government Engineer’s Office. The plans, special provisions, and specifications are incorporated into this Agreement by reference as though fully set forth herein. 2.4.3. The Local Government will furnish the personnel, services, supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project(s). The services of the Local Government to be performed hereunder may not be assigned, sublet, or transferred unless the Local Government is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the Local Government from its primary responsibility for performance of the work. 2.4.4. The Local Government will document quantities in accordance with the guidelines set forth in the Construction Section of the Electronic State Aid Manual that are in effect at the time the work was performed. 2.4.5. The Local Government will test materials in accordance with the Schedule of Materials Control in effect at the time each Project was let. The Local Government will notify MnDOT when work is in progress on the Project(s) that requires observation by the Independent Assurance Inspector, as required by the Independent Assurance Schedule. 2.4.6. The Local Government may make changes in the plans or the character of the work, as may be necessary to complete the Project(s), and may enter into Change Order(s) with the Contractor. The Local Government will not be reimbursed for any costs of any work performed under a change order unless MnDOT has notified the Local Government that the subject work is eligible for federal funds and sufficient federal funds are available. 2.4.7. The Local Government will request approval from MnDOT for all costs in excess of the amount of federal funds previously approved for the Project(s) prior to incurring such costs. Failure to obtain such approval may result in such costs being disallowed for reimbursement. 2.4.8. The Local Government will prepare reports, keep records, and perform work so as to meet federal requirements and to enable MnDOT to collect the federal aid sought by the Local Government. Required reports are listed in the MnDOT State Aid Manual, Delegated Contract Process Checklist, available from MnDOT’s authorized representative. The Local Government will retain all records and reports and allow MnDOT or the FHWA access to such records and reports for six years. 2.4.9. Upon completion of the Project(s), the Project Engineer will determine whether the work will be accepted. 2.5. Limitations. 2.5.1. The Local Government will comply with all applicable Federal, State, and local laws, ordinances, and regulations. 2.5.2. Nondiscrimination. It is the policy of the Federal Highway Administration and the State of Minnesota that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate City Council | Tuesday, December 20, 2022 | Page 32 of 156 MnDOT Contract No. 1052217 4 for nondiscrimination in Title VI and through parallel legislation, the proscribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility of the Local Government to carry out the above requirements. 2.5.3. Utilities. The Local Government will treat all public, private or cooperatively owned utility facilities which directly or indirectly serve the public and which occupy highway rights of way in conformance with 23 CFR 645 “Utilities”, which is incorporated herein by reference. 2.6. Maintenance. The Local Government assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. 3. MnDOT’s Duties 3.1. Acceptance. MnDOT accepts designation as Agent of the Local Government for the receipt and disbursement of federal funds and will act in accordance herewith. 3.2. Project Activities. 3.2.1. MnDOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project(s) and for reimbursement of eligible costs pursuant to the terms of this Agreement. 3.2.2. MnDOT will provide to the Local Government copies of the required Federal‐aid clauses to be included in the bid solicitation and will provide the required Federal‐aid provisions to be included in the Proposal for Highway Construction. 3.2.3. MnDOT will review and certify the DBE participation and notify the Local Government when certification is complete. If certification of DBE participation (or good faith efforts to achieve such participation) cannot be obtained, then Local Government must decide whether to proceed with awarding the contract. Failure to obtain such certification will result in the Project becoming ineligible for federal assistance, and the Local Government must make up any shortfall. 3.2.4. MnDOT will provide the required labor postings. 3.3. Authority. MnDOT may withhold federal funds, where MnDOT or the FHWA determines that the Project(s) was not completed in compliance with federal requirements. 3.4. Inspection. MnDOT, the FHWA, or duly authorized representatives of the state and federal government will have the right to audit, evaluate and monitor the work performed under this Agreement. The Local Government will make all books, records, and documents pertaining to the work hereunder available for a minimum of six years following the closing of the construction contract. 4. Time 4.1. The Local Government must comply with all time requirements described in this Agreement. In the performance of this Agreement, time is of the essence. 4.2. The period of performance is defined as beginning on the date of federal authorization and ending on the date defined in the federal financial system or federal agreement (“end date”). No work completed after the end date will be eligible for federal funding. Local Government must submit all contract close out paperwork to MnDOT at least twenty‐four months prior to the end date. City Council | Tuesday, December 20, 2022 | Page 33 of 156 MnDOT Contract No. 1052217 5 5. Payment 5.1. Cost. The entire cost of the Project(s) is to be paid from federal funds made available by the FHWA and by other funds provided by the Local Government. The Local Government will pay any part of the cost or expense of the Project(s) that is not paid by federal funds. MnDOT will receive the federal funds to be paid by the FHWA for the Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2. MnDOT will reimburse the Local Government, from said federal funds made available to each Project, for each partial payment request, subject to the availability and limits of those funds. 5.2. Indirect Cost Rate Proposal/Cost Allocation Plan. If the Local Government seeks reimbursement for indirect costs and has submitted to MnDOT an indirect cost rate proposal or a cost allocation plan, the rate proposed will be used on a provisional basis. At any time during the period of performance or the final audit of a Project, MnDOT may audit and adjust the indirect cost rate according to the cost principles in 2 CFR Part 200. MnDOT may adjust associated reimbursements accordingly. 5.3. Reimbursement. The Local Government will prepare partial estimates in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify each partial estimate. Following certification of the partial estimate, the Local Government will make partial payments to the Contractor in accordance with the terms of the construction contract for the Project(s). 5.3.1. Following certification of the partial estimate, the Local Government may request reimbursement for costs eligible for federal funds. The Local Government’s request will be made to MnDOT and will include a copy of the certified partial estimate. 5.3.2. Upon completion of the Project(s), the Local Government will prepare a final estimate in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify the final estimate. Following certification of the final estimate, the Local Government will make the final payment to the Contractor in accordance with the terms of the construction contract for the Project(s). 5.3.3. Following certification of the final estimate, the Local Government may request reimbursement for costs eligible for federal funds. The Local Government’s request will be made to MnDOT and will include a copy of the certified final estimate along with the required records. 5.3.4. Upon completion of the Project(s), MnDOT will perform a final inspection and verify the federal and state eligibility of all payment requests. If the Project is found to have been completed in accordance with the plans and specifications, MnDOT will promptly release any remaining federal funds due the Local Government for the Project(s). If MnDOT finds that the Local Government has been overpaid, the Local Government must promptly return any excess funds. 5.3.5. In the event MnDOT does not obtain funding from the Minnesota Legislature or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests, the Local Government may continue the work with local funds only, until such time as MnDOT is able to process the federal aid reimbursement requests. 5.4. Matching Funds. Any cost sharing or matching funds required of the Local Government in this Agreement must comply with 2 CFR 200.306. 5.5. Federal Funds. Payments under this Agreement will be made from federal funds. The Local Government is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for failure to comply with any federal requirements including, but not limited to, 2 CFR Part 200. If, for any reason, the federal government fails to pay part of the cost or expense incurred by the Local Government, or in the event the total amount of federal funds is not available, the Local Government will be responsible for any and all costs or expenses incurred under this Agreement. The Local Government further City Council | Tuesday, December 20, 2022 | Page 34 of 156 MnDOT Contract No. 1052217 6 agrees to pay any and all lawful claims arising out of or incidental to the performance of the work covered by this Agreement in the event the federal government does not pay the same. 5.6. Closeout. The Local Government must liquidate all obligations incurred under this Agreement for each Project and submit all financial, performance, and other reports as required by the terms of this Agreement and the Federal award at least twenty‐four months prior to the end date of the period of performance for each Project. MnDOT will determine, at its sole discretion, whether a closeout audit is required prior to final payment approval. If a closeout audit is required, final payment will be held until the audit has been completed. Monitoring of any capital assets acquired with funds will continue following project closeout. 6. Conditions of Payment. All services provided by Local Government under this Agreement must be performed to MnDOT’s satisfaction, as determined at the sole discretion of MnDOT’s Authorized Representative, and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Local Government will not receive payment for work found by MnDOT to be unsatisfactory or performed in violation of federal, state, or local law. 7. Authorized Representatives 7.1. MnDOT's Authorized Representative is: Name: Kristine Elwood, or her successor. Title: State Aid Engineer Phone: 651‐366‐4831 Email: Kristine.elwood@state.mn.us MnDOT’s Authorized Representative has the responsibility to monitor Local Government’s performance and the authority to accept the services provided under this Agreement. If the services are satisfactory, MnDOT's Authorized Representative will certify acceptance on each invoice submitted for payment. 7.2. The Local Government’s Authorized Representative is: Name: Ryan Ruzek or their successor. Title: Mendota Heights City Engineer Phone: 651‐255‐1123 Email: ryanr@mendota‐heights.com If the Local Government’s Authorized Representative changes at any time during this Agreement, the Local Government will immediately notify MnDOT. 8. Assignment Amendments, Waiver, and Agreement Complete 8.1. Assignment. The Local Government may neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of MnDOT and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 8.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 8.3. Waiver. If MnDOT fails to enforce any provision of this Agreement, that failure does not waive the provision or MnDOT’s right to subsequently enforce it. 8.4. Agreement Complete. This Agreement contains all negotiations and agreements between MnDOT and the City Council | Tuesday, December 20, 2022 | Page 35 of 156 MnDOT Contract No. 1052217 7 Local Government. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 8.5. Severability. If any provision of this Agreement, or the application thereof, is found to be invalid or unenforceable to any extent, the remainder of the Agreement, including all material provisions and the application of such provisions, will not be affected and will be enforceable to the greatest extent permitted by the law. 8.6. Electronic Records and Signatures. The parties agree to contract by electronic means. This includes using electronic signatures and converting original documents to electronic records. 8.7. Certification. By signing this Agreement, the Local Government certifies that it is not suspended or debarred from receiving federal or state awards. 9. Liability and Claims 9.1. Tort Liability. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs MnDOT liability. 9.2. Claims. The Local Government acknowledges that MnDOT is acting only as the Local Government’s agent for acceptance and disbursement of federal funds, and not as a principal or co‐principal with respect to the Project. The Local Government will pay any and all lawful claims arising out of or incidental to the Project including, without limitation, claims related to contractor selection (including the solicitation, evaluation, and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any ultra vires acts. To the extent permitted by law, the Local Government will indemnify, defend (to the extent permitted by the Minnesota Attorney General), and hold MnDOT harmless from any claims or costs arising out of or incidental to the Project(s), including reasonable attorney fees incurred by MnDOT. The Local Government’s indemnification obligation extends to any actions related to the certification of DBE participation, even if such actions are recommended by MnDOT. 10. Audits 10.1. Under Minn. Stat. § 16C.05, Subd.5, the books, records, documents, and accounting procedures and practices of the Local Government, or any other party relevant to this Agreement or transaction, are subject to examination by MnDOT and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. The Local Government will take timely and appropriate action on all deficiencies identified by an audit. 10.2. All requests for reimbursement are subject to audit, at MnDOT’s discretion. The cost principles outlined in 2 CFR 200.400‐.476 will be used to determine whether costs are eligible for reimbursement under this Agreement. 10.3. If Local Government expends $750,000 or more in Federal Funds during the Local Government’s fiscal year, the Local Government must have a single audit or program specific audit conducted in accordance with 2 CFR Part 200. 11. Government Data Practices. The Local Government and MnDOT must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by MnDOT under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under this Agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either the Local Government or MnDOT. 12. Workers Compensation. The Local Government certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Local Government’s employees and agents will City Council | Tuesday, December 20, 2022 | Page 36 of 156 MnDOT Contract No. 1052217 8 not be considered MnDOT employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way MnDOT’s obligation or responsibility. 13. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice‐of‐law provisions, governs this Agreement. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14. Termination; Suspension 14.1. Termination by MnDOT. MnDOT may terminate this Agreement with or without cause, upon 30 days written notice to the Local Government. Upon termination, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2. Termination for Cause. MnDOT may immediately terminate this Agreement if MnDOT finds that there has been a failure to comply with the provisions of this Agreement, that reasonable progress has not been made, that fraudulent or wasteful activity has occurred, that the Local Government has been convicted of a criminal offense relating to a state agreement, or that the purposes for which the funds were granted have not been or will not be fulfilled. MnDOT may take action to protect the interests of MnDOT of Minnesota, including the refusal to disburse additional funds and/or requiring the return of all or part of the funds already disbursed. 14.3. Termination for Insufficient Funding. MnDOT may immediately terminate this Agreement if: 14.3.1. It does not obtain funding from the Minnesota Legislature; or 14.3.2. If funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Local Government. MnDOT is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. MnDOT will not be assessed any penalty if the Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. MnDOT will provide the Local Government notice of the lack of funding within a reasonable time of MnDOT’s receiving that notice. 14.4. Suspension. MnDOT may immediately suspend this Agreement in the event of a total or partial government shutdown due to the failure to have an approved budget by the legal deadline. Work performed by the Local Government during a period of suspension will be deemed unauthorized and undertaken at risk of non‐payment. 15. Data Disclosure. Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Local Government consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to MnDOT, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. 16. Fund Use Prohibited. The Local Government will not utilize any funds received pursuant to this Agreement to compensate, either directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is disqualified or debarred from entering into or receiving a State contract. This restriction applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or material supplier. This restriction does not prevent the Local Government from utilizing these funds to pay any party who might be disqualified or debarred after the Local Government’s contract award on this Project. City Council | Tuesday, December 20, 2022 | Page 37 of 156 MnDOT Contract No. 1052217 9 17. Discrimination Prohibited by Minnesota Statutes §181.59. The Local Government will comply with the provisions of Minnesota Statutes §181.59 which requires that every contract for or on behalf of the State of Minnesota, or any county, city, town, township, school, school district or any other district in the state, for materials, supplies or construction will contain provisions by which Contractor agrees: 1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no Contractor, material supplier or vendor, will, by reason of race, creed or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; 2) That no Contractor, material supplier, or vendor, will, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause 1 of this section, or on being hired, prevent or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed or color; 3) That a violation of this section is a misdemeanor; and 4) That this contract may be canceled or terminated by the state of Minnesota, or any county, city, town, township, school, school district or any other person authorized to contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this Agreement. 18. Federal Contract Clauses 18.1. Appendix II 2 CFR Part 200. The Local Government agrees to comply with the following federal requirements as identified in 2 CFR 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and agrees to pass through these requirements to its subcontractors and third‐party contractors, as applicable. In addition, the Local Government shall have the same meaning as “Contractor” in the federal requirements listed below. 18.1.1. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 18.1.2. All contracts in excess of $10,000 must address termination for cause and for convenience by the non‐Federal entity including the manner by which it will be effected and the basis for settlement. 18.1.3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60‐1.3 must include the equal opportunity clause provided under 41 CFR 60‐1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964‐1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 18.1.4. Davis‐Bacon Act, as amended (40 U.S.C. 3141‐3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non‐Federal entities must include a provision for compliance with the Davis‐Bacon Act (40 U.S.C. 3141‐3144, and 3146‐3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non‐Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non‐Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision City Council | Tuesday, December 20, 2022 | Page 38 of 156 MnDOT Contract No. 1052217 10 for compliance with the Copeland “Anti‐Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non‐Federal entity must report all suspected or reported violations to the Federal awarding agency. 18.1.5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701‐3708). Where applicable, all contracts awarded by the non‐Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 18.1.6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. 18.1.7. Clean Air Act (42 U.S.C. 7401‐7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251‐ 1387), as amended ‐ Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non‐Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401‐7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251‐1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 18.1.8. Debarment and Suspension (Executive Orders 12549 and 12689) ‐ A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 18.1.9. Byrd Anti‐Lobbying Amendment (31 U.S.C. 1352) ‐ Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must City Council | Tuesday, December 20, 2022 | Page 39 of 156 MnDOT Contract No. 1052217 11 also disclose any lobbying with non‐Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non‐Federal award. 18.1.10. Local Government will comply with 2 CFR § 200.323. 18.1.11. Local Government will comply with 2 CFR § 200.216. 18.1.12. Local Government will comply with 2 CFR § 200.322. 18.2. Drug‐Free Workplace. The Local Government will comply with the Drug‐Free Workplace requirements under subpart B of 49 C.F.R. Part 32. 18.3. Title VI/Non‐discrimination Assurances. The Local Government hereby agrees that, as a condition of receiving any Federal financial assistance under this Agreement, it will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. § 2000d), related nondiscrimination statutes (i.e., 23 U.S.C. § 324, Section 504 of the Rehabilitation Act of 1973 as amended, and the Age Discrimination Act of 1975), and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, sex, disability, or age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity for which the Local Government receives Federal financial assistance. The Local Government hereby agrees to comply with all applicable US DOT Standard Title VI/Non‐ Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: https://edocs‐ public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. If federal funds are included in any contract, the Local Government will ensure the appendices and solicitation language within the assurances are inserted into contracts as required. State may conduct a review of the Local Government’s compliance with this provision. The Local Government must cooperate with State throughout the review process by supplying all requested information and documentation to State, making Local Government staff and officials available for meetings as requested, and correcting any areas of non‐ compliance as determined by State. 18.4. Buy America. The Local Government must comply with the Buy America domestic preferences contained in the Build America, Buy America Act (Sections 70901‐52 of the Infrastructure Investment and Jobs Act, Public Law 117‐58) and as implemented by US DOT operating agencies. 18.5. Federal Funding Accountability and Transparency Act (FFATA) 18.5.1. This Agreement requires the Local Government to provide supplies and/or services that are funded in whole or in part by federal funds that are subject to FFATA. The Local Government is responsible for ensuring that all applicable requirements, including but not limited to those set forth herein, of FFATA are met and that the Local Government provides information to the MnDOT as required. a. Reporting of Total Compensation of the Local Government’s Executives. b. The Local Government shall report the names and total compensation of each of its five most highly compensated executives for the Local Government’s preceding completed fiscal year, if in the Local Government’s preceding fiscal year it received: i. 80 percent or more of the Local Government’s annual gross revenues from Federal procurement contracts and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and City Council | Tuesday, December 20, 2022 | Page 40 of 156 MnDOT Contract No. 1052217 12 iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at https://www.sec.gov/answers/execomp.htm). Executive means officers, managing partners, or any other employees in management positions. c. Total compensation means the cash and noncash dollar value earned by the executive during the Local Government’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non‐equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above‐market earnings on deferred compensation which is not tax qualified. 18.5.2. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 18.5.3. The Local Government must report executive total compensation described above to the MnDOT by the end of the month during which this Agreement is awarded. 18.5.4. The Local Government will obtain a Unique Entity Identifier number and maintain this number for the term of this Agreement. This number shall be provided to MnDOT on the plan review checklist submitted with the plans for each Project. 18.5.5. The Local Government’s failure to comply with the above requirements is a material breach of this Agreement for which the MnDOT may terminate this Agreement for cause. The MnDOT will not be obligated to pay any outstanding invoice received from the Local Government unless and until the Local Government is in full compliance with the above requirements. [THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK.] City Council | Tuesday, December 20, 2022 | Page 41 of 156 MnDOT Contract No. 1052217 13 City of Mendota Heights Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Local Government as required by applicable articles, bylaws, resolutions or ordinances. By: Title: Date: By: Title: Date: DEPARTMENT OF TRANSPORTATION By: Title: Date: COMMISSIONER OF ADMINISTRATION By: Date: City Council | Tuesday, December 20, 2022 | Page 42 of 156 Request for City Council Action DATE: December 20, 2022 TO: Mayor and City Council, City Administrator FROM: Meredith Lawrence, Parks and Recreation Manager Terry Sullivan, Facilities Manager SUBJECT: Approval of HVAC Replacement at the Par 3 Golf Community Golf Course Clubhouse INTRODUCTION The City Council is asked to approve the HVAC replacement at the Par 3 Community Golf Course. BACKGROUND The Mendota Heights Par 3 Community Golf Course relies on a functioning HVAC system to provide air conditioning in the warm months and heating in the cooler months. The current furnace and air conditioner are estimated to be 16 years old. The City’s Facilities Manager estimates that 15 years is the useful life for this piece of equipment and that a replacement is necessary. The existing air conditioner is oversized for the clubhouse building and is not running efficiently. The air conditioner utilizes R22, which was phased out in 2020. Finding sufficient R22 to maintain this piece of equipment has become costly and may be difficult to obtain in the future. In addition, in August of 2022, the air conditioner at the golf course failed and the unit was inoperable due to a leak in the compressor. Staff is not confident the piece of equipment will function as it should in the coming season. The HVAC replacement will consist of pumping out the refrigerant from the condensing unit (disconnecting and recycling per EPA safety procedures), disconnecting the existing furnace and recycling the unit, set up and installation of a new Bryant 13 SEER condensing unit, installation of a new refrigerant line set, set up and install of a new Bryant 100,000 BTU 92% efficient furnace and start up and operational inspection. At the budget workshop in August, the City Council asked staff to look into a heat pump for the building. Staff met with three reputable contractors who did not recommend the installation of a heat pump system for this building. With the cold temperatures that Minnesota receives, the contractors stated that energy efficiency declines when temperatures are below freezing. The contractors also stated that the city would not see a return on its investment due to the inefficiencies of that type of system in our climate. 5gCity Council | Tuesday, December 20, 2022 | Page 43 of 156 Attachment: HVAC Proposal from McDowall Company BUDGET IMPACT If approved at the December 20 meeting, staff will be able to lock in 2022 prices and be put on the contractor’s calendar for a Spring, 2023 replacement. Included in the 2023 budget is $15,500 for the replacement of the Par 3’s HVAC system. Staff obtained three quotes for this project with McDowall Company providing the lowest quote at $10,416.87. The Par 3 will fund this project. RECOMMENDATION Staff recommends that the City Council approve the HVAC replacement for the Par 3 Community Golf Course. ACTION REQUESTED If the City Council concurs with the staff recommendation, they should, by motion, approve an HVAC replacement at the Mendota Heights Par 3 Community Golf Course by McDowall Company in the amount of $10,416.87. City Council | Tuesday, December 20, 2022 | Page 44 of 156 5600 International Pkwy, New Hope, MN 55428. Service 24/7 320-203-9336. Lisa 612-930-6807 December 1, 2022 City of Mendota Heights Attn: Terry Sullivan Re: Golf Course Furnace and A/C Replacement – Plus Adding a Heat Pump McDowall Comfort Management proposes the replacement of the existing furnace and condensing unit as they are 17 years old and are beyond their ASHRAE life expectancy. Included would be the following items: • Pump out the refrigerant from the condensing unit, disconnect and recycle per EPA safety procedures • Disconnect existing furnace and recycle • Set and install new Bryant 13 SEER condensing unit on a new pad • Provide and install a new refrigeration lint set • Set and install new Bryant 100,000 BTU 92% efficient furnace, tie into existing venting and any ductwork transition needed • Start-up and operational inspection • Clean up of work area We PROPOSE hereby to furnish labor and materials - complete in accordance with the above specifications: $10,416.87. Add GPS – Bipolar ionization at the same time is an additional $1,075.00. Thank you for the opportunity to present you with this proposal. Please call me with any questions. Clarifications and Exclusions: Work to be performed during normal business hours. Any additional work beyond the above scope is not included. Permit fee is not included. If any further work needs to be performed, we will provide you a separate proposal and wait for your approval. City Council | Tuesday, December 20, 2022 | Page 45 of 156 5600 International Pkwy, New Hope, MN 55428. Service 24/7 320-203-9336. Lisa 612-930-6807 ESCLATION CLAUSE: In the event of a significant delay or price increase occurring during the performance of the contract through no fault of the contractor, the contract sum, time of performance, and requirements shall be equitably adjusted by change order in accordance with the procedures of the contract documents. A change in price of an item of material shall be considered significant when the price of an item increases 10% between the date of this contract and the date of installation. This proposal is valid Until December 23, 2022 Received By:_________________________________ Date Received:________________________________ P.O. #_______________________________________ Please let me know if you have any questions. Sincerely, Lisa Linell McDowall Comfort Management 612-930-6807 lisal@mcdowallco.com . Project Agreement Terms and Conditions 1. Customer shall permit Contractor free and timely access to areas and equipment, and allow Contractor to start and stop the equipment as necessary to perform required services. All planned work under this Agreement will be performed during the Contractor's normal working hours. 2. Contractor warrants that the workmanship hereunder shall be free from defects for thirty (30) days from date of performance. If any replacement part or item of equipment proves defective, Contractor will extend to Customer the benefits of any warranty, that the Contractor has received from the manufacturer. Removal and reinstallation of any equipment or materials repaired or replaced under a manufacturer's warranty will be at Customer's expense and at the contractor's rates in effect. 3. Customer will promptly pay invoices within thirty (30) days of receipt. Should a payment become thirty (30) days or more delinquent, Contractor may stop all work under this Agreement without notice and/or cancel this Agreement, and the entire balance of the Agreement price shall become due and payable immediately upon demand. All past due amounts shall accrue interest at the maximum rate permitted by applicable law. 4. Customer shall be responsible for all taxes applicable to the services and/or materials hereunder. 5. If there is any alteration to, or deviation from, this Agreement involving extra work, the cost of materials and/or labor will become an extra charge (fixed price amount to be negotiated or on a time and material basis at Contractor's rates then in effect) over the price stated in this Agreement. 6. In the event Contractor must commence legal action in order to recover any amount payable or owed to Contractor under this Agreement, Customer shall pay Contractor all expenses, costs, and attorneys' fees incurred by Contractor. 7. Any legal action against the Contractor relating to this Agreement, or the breach thereof, shall be commenced within one (1) year from the date of performance of the work. 8. Contractor shall not be liable for any delay, loss, damage or detention caused by unavailability of machinery, equipment or materials, delay of carriers, strikes,( including those by Contractor's employees), lockouts, civil or military authority, priority regulations, insurrection or riot, action of the elements, forces of nature, or by any cause beyond its control. City Council | Tuesday, December 20, 2022 | Page 46 of 156 5600 International Pkwy, New Hope, MN 55428. Service 24/7 320-203-9336. Lisa 612-930-6807 9. To the fullest extent permitted by law, Customer shall indemnify and hold harmless Contractor, its affiliates, agents, and employees from and against all claims, damages, losses and expenses (including but not limited to attorneys' fees) arising out of or resulting from the performance of work hereunder, provided that such claim, damage, loss or expense is caused in whole or in part by an active or passive act or omission of Customer, anyone directly or indirectly employed by Customer, or anyone for whose acts Customer may be liable, regardless of whether it is caused in party by the negligence of Contractor. 10. Customer shall make available to Contractor's personnel all pertinent Material Safety Data Sheets (MSDS) pursuant to OSHA'S Hazard Communication Standard Regulations. 11. Contractor's obligations under this Agreement and any subsequent agreements do not include the identification, abatement or removal of asbestos or any other toxic or hazardous substances, hazardous wastes or hazardous materials. In the event such substances, wastes and materials are encountered, Contractor's sole obligation will be to notify the Customer of their existence. Contractor shall have the right thereafter to suspend its work until such substances, wastes or materials and the resultant hazards are removed. The time for completion of the work under this Agreement shall be extended to the extent caused by the suspension and the Agreement price equitably adjusted. CONFIDENTIAL AND PROPRIETARY | 6 12. Contractor expressly disclaims any and all responsibility and liability for the indoor air quality of the Customer's facility, including without limitation, injury or illness to occupants of the facility or third parties, or any damage to the Customer's facility, arising out of or in connection with the Contractor's work under this Agreement, including without limitation any illness, injury, or damage resulting in any manner from any fungus(es) or spore(s), any substance, vapor or gas produced by or arising out of any fungus(es) or spore(s), or any material, product, building component or structure that contains, harbors, nurtures or acts as a medium for any fungus(es) or spore(s). 13. UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE, WILL CONTRACTOR BE RESPONSIBLE FOR LOSS OF USE, LOSS OF PROFIT, INCREASED OPERATING OR MAINTENANCE EXPENSES, CLAIMS OF CUSTOMER'S TENANTS OR CLIENTS, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. City Council | Tuesday, December 20, 2022 | Page 47 of 156 This page intentionally left blank. City Council | Tuesday, December 20, 2022 | Page 48 of 156 Request for City Council Action DATE: December 20, 2022 TO: Mayor and City Council, City Administrator FROM: Meredith Lawrence, Parks and Recreation Manager SUBJECT: Approval of Memorandum of Understanding with the City of West St. Paul for Joint Recycling Services INTRODUCTION The City Council is asked to approve a Memorandum of Understanding with the City of West St. Paul for Joint Recycling Services. BACKGROUND The City's Recycling Coordinator position is in collaboration with the cities of West St. Paul, South St. Paul, Lilydale and Sunfish Lake. Currently, the Recycling Coordinator works ten hours a week for the City of Mendota Heights to supervise recycling and waste abatement work. In 2022, the City of West St. Paul (employer of the JPA position) proposed that the position be full time in 2023 (increased from 32 to 40 hours a week). In order to accomplish this, the City decided for 2023 to fund four additional hours per week that would not be covered by the waste abatement grant from Dakota County. Instead, the additional four hours per week were approved in the 2023 budget from the general fund. The additional four hours a week will provide an opportunity for an employee to dedicate time to working on the City’s improvement in the Green Steps Cities program. At the November 15 City Council meeting, the City Council approved the 2023 Community Waste Abatement Grant Agreement. The attached Memorandum of Understanding with the City of West St. Paul clarifies the additional four hours of work the City will be financially responsible for which will be paid to the City of West St. Paul. The West St. Paul Finance Director estimates the City’s responsibility for the additional four hours per week will be $6,706.42 per year. The City of West St. Paul will invoice the City of Mendota Heights quarterly for this expense. Attachment: Memorandum of Understanding with West St. Paul BUDGET IMPACT Included in the 2023 budget is $17,000 to increase the hours in the Waste Abatement JPA from 10 hours a week to 14 hours a week in order to accomplish the City Council’s goal to successfully 5hCity Council | Tuesday, December 20, 2022 | Page 49 of 156 complete steps in the Green Steps Cities program. There are sufficient funds to cover this 2023 expense. RECOMMENDATION Staff recommends that the City Council approve the Memorandum of Understanding with the City of West St. Paul for Joint Recycling Services. ACTION REQUESTED If the City Council concurs with the staff recommendation, they should, by motion, approve the attached Memorandum of Understanding with the City of West St. Paul for Joint Recycling Services. City Council | Tuesday, December 20, 2022 | Page 50 of 156 1 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day of , 2022, by and between the City of Mendota Heights, a Minnesota municipal corporation (“Partner City”), and the City of West St. Paul, a Minnesota municipal corporation (“City”). WHEREAS, the City and Partner City are currently part of a Joint Powers Agreement to provide Recycling Services (“JPA”); and WHEREAS, the JPA states the City shall implement a waste abatement program (“Program”) as described in the Dakota County Community Waste Abatement Grant Application (“Application”) for itself and the Cities of South St. Paul, Mendota Heights, Sunfish Lake and Lilydale, and act as the fiscal agent; and WHEREAS, the JPA states if either South St. Paul, Mendota Heights, Sunfish Lake or Lilydale desires additional waste abatement services outside of those described in the Application, then that City may enter into a separate agreement with West St. Paul for those services and pay for those services with funds other than those awarded under any waste abatement grant; and WHEREAS, the City and Partner City desire to add eight (8) hours per week of additional services outside of those described in the Application; and WHEREAS, the City and Partner City agree to each pay for four (4) hours per week of additional services with funds other than those awarded under the waste abatement grant. NOW THEREFORE, in consideration of the mutual promises of each to the other contained in this Memorandum of Understanding and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. The City shall continue as the fiscal agent for the Program, including the additional services desired outside of those described in the Application. 2. The City will invoice the Partner City quarterly for wages, benefits, and program costs incurred for the four (4) hours per week of additional services. 3. The Partner City agrees to reimburse the City in a timely manner after receiving each quarterly invoice. It is understood and agreed that the entire agreement of the parties is contained in this Memorandum of Understanding and that this document and agreements include all oral agreements, representations, and negotiations between the parties. This Memorandum of Understanding may be executed in two or more counterparts, all of which shall be considered one and the same instrument and shall become effective when one or more counterparts have been signed by the parties and delivered to the other parties. City Council | Tuesday, December 20, 2022 | Page 51 of 156 2 IN TESTIMONY WHEREOF, the parties have caused this Memorandum of Understanding to be executed as of the day and year first above written. PARTNER CITY: CITY OF MENDOTA HEIGHTS Printed Name: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on this _____ day of ____________________, 202__, by __________________________, as __________________ of the City of Mendota Heights, a Minnesota municipal corporation on behalf of said municipal corporation. ________________________________________ Notary Public City Council | Tuesday, December 20, 2022 | Page 52 of 156 3 CITY: CITY OF WEST ST. PAUL By: Nathan Burkett City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this _____ day of _______________, 20____, before me a Notary Public within and for said County, personally appeared Nathan Burkett to me personally known, who being by me duly sworn, did say that they are the City Manager of the City of West St. Paul, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said City Manager acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public City Council | Tuesday, December 20, 2022 | Page 53 of 156 This page intentionally left blank. City Council | Tuesday, December 20, 2022 | Page 54 of 156 Request for City Council Action DATE: December 20, 2022 TO: Mayor and City Council FROM: Cheryl Jacobson, City Administrator SUBJECT: Community Development Director Resignation and Position Posting INTRODUCTION Community Development Director Tim Benetti has submitted his resignation effective January 6, 2023. BACKGROUND Tim Benetti has served as the city’s Community Development Director since February, 2017. Tim has submitted his resignation and his last day with the city will be January 6. The position of Community Development Director was created in late-2016. Tim was the first to serve in the position and has been instrumental in developing it within the city’s organizational structure. The city appreciates his knowledge, time and dedication to the serving the residents of Mendota Heights. The Community Development Director position is a key role on the City Administrator’s leadership team and within the city’s organization. With Tim’s departure, the position of Community Development Director will need to be filled. The Community Development Director position description has been revised to reflect and describe the current work performed. Under general supervision of the City Administrator the position is responsible for city planning, zoning, administration of the city’s comprehensive plan and city ordinances as well as other community and economic development projects and activities. Attachments: Revised Community Development Director position description BUDGET IMPACT The Community Development Director position is a budgeted position. The full salary range for the position for 2023 is $103,737 to $127,519. Given the competitive job market and the skill set desired, the City Administrator is requesting that the hiring salary be posted at the full range (steps one through seven of pay grade 16). Actual hiring salary will be determined on the selected candidate’s qualifications and experience. 5iCity Council | Tuesday, December 20, 2022 | Page 55 of 156 RECOMMENDATION Staff recommends that the City Council accept Tim Benetti’s resignation, approve the revised position description and authorize staff to begin the recruitment process to fill the Community Development Director position with the hiring salary range as recommended by the City Administrator. ACTION REQUESTED If the City Council concurs, it should, by motion, accept Tim Benetti’s resignation, approve the proposed revisions to the Community Development Director position description and authorize staff to begin recruitment process at the recommended hiring salary. City Council | Tuesday, December 20, 2022 | Page 56 of 156 CITY OF MENDOTA HEIGHTS COMMUNITY DEVELOPMENT DIRECTOR Department: Administration FLSA Status: Exempt General Definition of Work Performs difficult professional work directing activities and operations of the community development department including planning, zoning, community and economic development, permits and inspections, and code enforcement. Ensures compliance with applicable rules and regulations, maintains records and files, prepares reports, and related work as apparent or assigned. Work involves setting policies and goals under the direction of the City Administrator. Position manages a department, including assigned contracted staff. Qualification Requirements To perform this job successfully, an individual must be able to perform each essential function satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Essential Functions 1) Directs city planning operations • Reviews and processes planning applications analyzing consistency with city ordinances, plans, policies and laws; prepares recommendations and reports, public hearing notices and all associated documentation • Meets with applicants, city staff and others to discuss planning and building issues, review ideas and plans, ordinances and policies; provides direction and assists in the submittal and processing of planning applications • Serves as the staff liaison to the Planning Commission providing technical advice and direction; sets meeting agendas, prepares reports and summaries; delivers presentations 2) Directs city code enforcement activities • Oversees code enforcement inspections; responds to, investigates and resolves public inquiries and complaints regarding property maintenance, housing maintenance, construction projects, vehicles, zoning, trash, signs, and other nuisances and community concerns • Monitors problem properties, issues warning notices, compliance notices, and abatement notices; works with other departments in issuing citations 3) Assists with the development and updating of city long- and short-range plans and city code and ordinances • Oversees the comprehensive planning process of the city; works with consultants and regional planning organizations to update the city’s Comprehensive Plan 4) Manages city economic development program • Assists in the development and implementation of economic development strategies, policies, and programs to promote and support the city as a destination marketplace • Develops and maintains ongoing relationships with local businesses and chamber of commerce. 5) Supervises Fire Marshal and contracted Building Official 6) Supports other city department functions, performs general administrative activities and completes other duties as assigned Knowledge, Skills and Abilities Thorough knowledge of the principles and practices of community development; thorough knowledge of the principles and practices of public and business administration; thorough knowledge of management and finance; ability to comprehend various ordinances, regulations and policies; ability to read and interpret plans, maps and other documents; ability to work with contracts; ability to prepare clear and comprehensive financial and administrative reports; ability to use knowledge of local zoning rules and laws, including specific State Statutes that affect or guide zoning and land use decisions; ability to communicate ideas clearly and concisely, both orally and in writing; ability to establish and maintain effective working relationships with County and State officials, associates and the general public. City Council | Tuesday, December 20, 2022 | Page 57 of 156 Education and Experience • Bachelor's degree in regional or municipal planning, urban planning, urban affairs, public administration or related field. • Extensive experience in municipal planning working for a local or county government unit or regional planning agency, administration of local zoning rules and laws, including specific State Statutes that affect or guide zoning and land use decisions and GIS. • AICP preferred Special Requirements • Valid driver's license Physical Requirements This work requires the occasional exertion of up to 10 pounds of force; work frequently sitting and occasionally requires standing, walking, speaking or hearing, using hands to finger, handle or feel and lifting; no special vision is required; vocal communication is required for expressing or exchanging ideas by means of the spoken word; hearing is required to perceive information at normal spoken word levels; work requires preparing and analyzing written or computer data, visual inspection involving small defects and/or small parts, use of measuring devices, operating machines and observing general surroundings and activities. Environmental Conditions This work occasionally requires exposure to outdoor weather conditions; work is generally in a quiet location (e.g. library, private offices). SAFE System © 8/11/2017 City of Mendota Heights, Minnesota Revised: 7/2017 12/2022 City Council | Tuesday, December 20, 2022 | Page 58 of 156 Request for City Council Action DATE: December 20, 2022 TO: Mayor, City Council and City Administrator FROM: Kelly Torkelson, Assistant City Administrator Meredith Lawrence, Parks and Recreation Manager SUBJECT: Recreation Program Coordinator Resignation and Position Posting INTRODUCTION Recreation Program Coordinator Matt Colwell has submitted his resignation effective December 20, 2022. BACKGROUND Recreation Program Coordinator Matt Colwell submitted a letter of resignation effective December 20, 2022. With his resignation, the position of recreation program coordinator will need to be filled. In 2022, the Parks and Recreation Department added a position which resulted in changes to the Recreation Program Coordinator job description. After settling into the new structure, staff are recommending some minor adjustments to the recreation program coordinator job description to accurately reflect the current work performed. An example of duties that are no longer proposed within the job description include items related to golf course maintenance. Attachments: Revised Recreation Program Coordinator position description BUDGET IMPACT The recreation program coordinator position is a budgeted position. The full salary range for the position for 2023 is $65,086 to $80,007. Staff would like authorization to post the Recreation Coordinator Position with a hiring range of $65,086 to $72,163 which is steps one through four (midpoint) of pay grade 8. Actual hiring salary will be determined on the selected candidate’s qualifications and experience. RECOMMENADATION Staff recommends that the City Council accept the resignation of Recreation Program Coordinator Matt Colwell and authorize staff to begin the recruitment process to fill the Recreation Program Coordinator position with the revised job description. 5jCity Council | Tuesday, December 20, 2022 | Page 59 of 156 REQUESTD ACTION If the City Council concurs, it should, by motion, accept the resignation of Recreation Program Coordinator Matt Colwell and authorize staff to begin the recruitment process to fill the recreation program coordinator position with the revised job description. City Council | Tuesday, December 20, 2022 | Page 60 of 156 CITY OF MENDOTA HEIGHTS RECREATION PROGRAM COORDINATOR Department: Public Works FLSA Status: Non-Exempt General Definition of Work Plans, organizes, and implements a variety of recreation programs and activities, including hiring and supervising seasonal recreation staff, event planning and coordination, preparing and maintaining appropriate records, and related work as apparent or assigned. Work is performed under the limited supervision of the Parks and Recreation Manager. Qualification Requirements To perform this job successfully, an individual must be able to perform each essential function satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Essential Functions 1) Plan and coordinate city events, recreation programs and activities for all ages a. Create program proposal and implementation plans b. Communicates and promotes recreation programs and events including the management of parks and recreation social media. c. Manages the programming and event registration process. d. Develops program budgets e. Allocate and organize parks and recreation resources to support event and programming needs f. Develop schedules and evaluate recreation programs year-round. 2) Seasonal staff supervision and management including summer and winter recreation programming and winter warming house management and supervision a. Select, motivate, and evaluate personnel; establish and monitor employee performance objectives. b. Provide or coordinate staff training and schedules c. Proactively resolves conflicts and misunderstandings in order to ensure a respectful and inclusive workplace work with employees to correct deficiencies; recommend and implement disciplinary actions. d. May substitute as program instructor for certain recreation programs 3) Maintains and orders appropriate inventory of supplies for activities 4) Conducts research to identify and recommend program changes that reflect community goals and needs 5) Assist the parks and recreation manager with the preparation of the recreation budget 6) Assists with the scheduling of recreation facilities for use by the general public 7) Prepare and deliver recreation updates to council and commissions. 8) Communicate with supervisor and other relevant city staff regarding event or programming coordination, marketing, details and other updates 9) Acts as first point of contact for residents with questions, concerns, issues, or ideas for programs and events. 10) Other duties as assigned Knowledge, Skills and Abilities 1) Ability to plan, organize, implement and supervise a variety of recreation programs 2) Ability to establish and maintain effective working relationships with program participants, city department staff, associates and the general public. 3) Ability to communicate ideas effectively in both oral and written formats including effective preparation of reports and maintenance of records 4) Thorough knowledge of the methods involved in organizing, conducting, promoting and supervising recreation activities; 5) Understanding of safe practices and procedures related to the oversight and planning of recreation programs 6) Skilled in prioritizing, multi-tasking and process management City Council | Tuesday, December 20, 2022 | Page 61 of 156 7) Ability to take direction and communicates position needs to supervisor. 8) Work independently and within team environments to meet team objectives 9) Shows initiative and portrays a positive image to the community 10) Identifies and incorporates programming offerings and services that promote equity and accessibility within parks and recreation events and programs. 11) Ability to work a flexible schedule that includes nights and weekends in order to attend events, programs and meetings Education and Experience • A Bachelor’s degree from an accredited college in Parks and Recreation Administration, Public Administration, Recreation Management, Business or Sports Management or closely related field. • Two (2) years of increasingly responsible experience in a variety of recreation related programs preferably in a municipal setting, including one (1) year supervisory experience. Desired Qualifications • Certified Parks and Recreation Professional (CPRP) - National Recreation and Parks Association Special Requirements • Valid driver’s license • First Aid/AED/CPR Certified - Red Cross or similar agency Physical Requirements This work requires the occasional exertion of up to 35 pounds of force; work regularly requires speaking or hearing and using hands to finger, handle or feel, frequently requires sitting and occasionally requires standing, walking, reaching with hands and arms, lifting and repetitive motions; no special vision is required; vocal communication is required for expressing or exchanging ideas by means of the spoken word and conveying detailed or important instructions to others accurately, loudly or quickly; hearing is required to perceive information at normal spoken word levels and to receive detailed information through oral communications and/or to make fine distinctions in sound; work requires preparing and analyzing written or computer data, visual inspection involving small defects and/or small parts, use of measuring devices, operating machines, operating motor vehicles or equipment and observing general surroundings and activities. Environmental Conditions This work occasionally requires exposure to outdoor weather conditions; work is generally in a moderately noisy location (e.g. business office, light traffic). Last Revised: 12/15/2022 City Council | Tuesday, December 20, 2022 | Page 62 of 156 Request for City Council Action DATE: December 20, 2022 TO: Mayor and City Council FROM: Cheryl Jacobson, City Administrator Dave Dreelan, Fire Chief SUBJECT: Fire Marshal Retirement and Position Posting INTRODUCTION Fire Marshal James (Jim) Lee has provided the city notice of his retirement effective December 31, 2022. BACKGROUND Jim has been employed by the city of Mendota Heights since January, 2013 and was the first to officially serve in the position of Fire Marshal. The city appreciates his knowledge and dedication to serving the residents of Mendota Heights and fire service in general. With Jim’s retirement, the position of Fire Marshal will need to be filled. Prior to its reclassification in early-2013, the position of Fire Marshal was a contracted services position. The Fire Marshal position description has been revised to reflect and describe the current work performed. Under general supervision of the Community Development Director and technical supervision of the Fire Chief the position is responsible for inspection and investigation services relating to fire, building, housing and related codes, policies and ordinances. The position is a part-time position, working 16 hours per week. Attachments: Fire Marshal position description BUDGET IMPACT The Fire Marshal position is a budgeted position. The full salary range for the position for 2023 is $35.16 to $43.22 per hour. Given the competitive job market and the skill set desired, the City Administrator and Fire Chief are requesting that the hiring salary be posted at the full range (steps one through seven of pay grade 10). Actual hiring salary will be determined on the selected candidate’s qualifications and experience. RECOMMENDATION Staff recommends that the City Council accept Jim Lee’s notice of retirement, approve the revised position description and authorize staff to begin the recruitment process to fill the Fire 5kCity Council | Tuesday, December 20, 2022 | Page 63 of 156 Marshal position with the hiring salary range as recommended by the City Administrator and Fire Chief. ACTION REQUESTED If the City Council concurs, it should, by motion, accept Jim Lee’s notice of retirement, approve the Fire Marshal position description and authorize staff to begin recruitment process at the recommended hiring salary range. City Council | Tuesday, December 20, 2022 | Page 64 of 156 SAFE System © 8/11/2017 Last Revised: 12/15/2022 CITY OF MENDOTA HEIGHTS FIRE MARSHAL Department: Community Development/Fire FLSA Status: Non-Exempt General Definition of Work: To provide inspection and investigations services which will assure that City Fire, Building, Housing and related codes, policies and ordinance are effectively and equitable enforced and administered throughout the City of Mendota Heights fire district. This is a part time position. Work is performed under the general direction of the Community Development Director and technical supervision of the Fire Chief. Qualification Requirements: To perform this job successfully, an individual must be able to perform each essential function satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Essential Functions: 1. Conducts fire and general code enforcement inspections and ensures residential, commercial, and industrial properties are in compliance with various city, state and federal regulations including but not limited to city building maintenance and occupancy, nuisance, health, state building and fire codes, ordinances and policies. a. Identifies and advises property owners, permittees, or other relevant parties of specific code deficiencies and follow up to fire code related deficiencies identified by fire department personnel. b. Communicates violations of city codes encountered during the course of inspections to appropriate parties for corrective action. c. Reviews corrective actions to assure that violations have been corrected in a timely fashion. 2. Perform plan review for new buildings, remodels or additions to ensure that the proposed design conforms to applicable codes, laws, rules and regulations. a. Research, interpret, and evaluate fire code regulations, city ordinances, and consult with architects, engineers and property owners regarding their applications and code compliance. 3. Prepare technical records and reports related to fire inspections and investigations, record data into computerized database and prepares fire inspection reports to document activities and the results of inspections. 4. Maintains updated preplans for buildings within the city and fire protection district. Works with the fire department to ensure the preplans are accessible and formatted for field access. 5. Directs and assists in fire/arson investigations. Coordinates fire investigation with the members of the Mendota Heights Fire and Police departments and other state and national agencies. 6. Develops and conducts training for members of the fire department related to code enforcement, preplans, fire detections and suppression systems and investigations. 7. Advise local firms, organizations and citizens on the interpretations of fire codes and methods of bringing their facilities to acceptable code standards. Provides information to the general public regarding fire codes and fire hazards in a manner that will ensure positive public image of the city’s inspection activities. 8. Performs other duties as apparent or assigned. Knowledge, Skills and Abilities: 1. Thorough knowledge of the materials, equipment, methods of construction, and changes in the code to ensure that fire and building codes are administered in a fair and effective manner. City Council | Tuesday, December 20, 2022 | Page 65 of 156 SAFE System © 8/11/2017 Last Revised: 12/15/2022 2. Understanding of safety practices and procedures related to the inspection and investigation of fire investigations and inspections. 3. Work cooperatively as a member of a team; develop and maintain effective working relationships with coworkers and community members; consistently bring a high level of self-awareness and empathy to all personal interactions. 4. Communicate effectively and respectfully, both orally and in writing, with employees and the general public, including but not limited to those of diverse racial, ethnic, religious and socioeconomic backgrounds. 5. Show initiative, work proactively and efficiently while portraying a positive image to the community. 6. Maintains complete and appropriate computerized records once inspections are completed 7. Ability to work a flexible schedule in order to lead or assist in fire investigations within the city or the fire protections district. Education and Experience: - Current valid driver’s license Special Requirements: - Ongoing certification as a Minnesota State Fire Inspector - Ongoing certification as a Minnesota State Fire Investigator Desirable Qualifications: - Two (2) year degree with emphasis on municipal building fire inspection, plan reading, code enforcement and interpretation, and office procedures, and three (3) years of related experience. Five (5) years of related experience may be substituted for education. - Enhanced knowledge of Microsoft office products, fire inspection and investigations record management systems and image trend fire reporting software - Certification as Minnesota Firefighter 1 or 2 - Certification as Minnesota Hazardous Material Operations Level - Certification as EMR or EMT level Physical Requirements: - Must be able to climb ladders. - Must be able to wear respiratory protection per OSHA standards. - This position may be occasionally required to carry between 25-50 lbs. Environmental Conditions: This position will work in a variety of environments some that are inside and some that are outside. City Council | Tuesday, December 20, 2022 | Page 66 of 156 Request for City Council Action DATE: December 20, 2022 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: 2023 Employee Position Placement/Pay Classification Plan BACKGROUND Included with this memo is the 2023 Employee Position Placement/Pay Classification Plan for non-union employees for 2023. The 2023 plan reflects a 4.00% increase. Ci ty union employees (LELS, MNPEA, Teamsters, and IUOE) which previously negotiated cost of living increases for 2023 shall receive the 4% increase under existing “me-too” clauses within current labor agreements. BUDGET IMPACT This wage increase is budgeted for in the 2023 budget. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve Resolution 2022-96 “Adopting the 2023 Pay Classification Plan for Non-Union Employees”. This action requires a simple majority vote of the city council. 5lCity Council | Tuesday, December 20, 2022 | Page 67 of 156 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-96 A RESOLUTION ADOPTING THE 2023 PAY CLASSIFICATION PLAN FOR NON-UNION EMPLOYEES WHEREAS, the City Council has adopted a grade and step pay system for non-union employees; and WHEREAS, based upon recommendations of the city administrator, the City Council has determined the appropriate placement of each position in a grade and the incumbent employee in a step; and WHEREAS, it is also necessary to set salaries for part-time employees. NOW THEREFORE BE IT RESOLVED, that the following 2023 compensation items are approved as of January 1, 2023: 1. The 2023 Employee Position Placement/Pay Classification Plan for non-union employees. 2. The following salaries shall be implemented for part-time employees: Fire Chief $21,840* Assistant Fire Chief $12,800* *Annual compensation for administrative and other department responsibilities excluding fire calls. 3. The following stipends are implemented for: Captains $2,058/annually Training Officer $4,520/annually Assistant Training Officer $1,808/annually 4. The following hourly rates of pay for volunteer firefighters for fire calls and training: 0-1 Years $11.37 FF I, First Responder, Hazmat Operational $15.08 FF II, First Responder, Hazmat Operational $17.33 Lieutenant $18.08 Captain $19.58 City Council | Tuesday, December 20, 2022 | Page 68 of 156 Assistant Training Officer $19.58 Training Officer $22.59 Assistant Fire Chief $27.12** Fire Chief $27.12** Special Operations Team Member Call Out Same as Mendota Hts Police Officer on SOT **Hourly compensation for fire calls and training. Adopted by the City Council of the City of Mendota Heights this 20th day of December 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS ___________________________ Stephanie B. Levine, Mayor ATTEST: ___________________________ Christine Lusian, City Clerk City Council | Tuesday, December 20, 2022 | Page 69 of 156 CITY OF MENDOTA HEIGHTS FINAL SALARY MATRIX (2023) 4% Grade Position 1 2 3 4 5 6 7 1 $43,286 $44,801 $46,369 $47,992 $49,671 $51,410 $53,209 2 Community Service Officer $45,884 $47,490 $49,151 $50,872 $52,652 $54,495 $56,403 3 $48,636 $50,339 $52,100 $53,924 $55,811 $57,765 $59,786 4 Office Support Specialist $51,555 $53,360 $55,226 $57,159 $59,160 $61,230 $63,373 5 Accounting Clerk Utility Billing Clerk Police Support Specialist $54,648 $56,560 $58,540 $60,589 $62,709 $64,904 $67,176 6 Secretary/Deputy City Clerk $57,926 $59,954 $62,053 $64,224 $66,473 $68,799 $71,207 7 Natural Resources Technician $61,402 $63,551 $65,775 $68,077 $70,460 $72,926 $75,479 8 Recreation Program Coordinator Communications Coordinator $65,086 $67,364 $69,722 $72,163 $74,688 $77,302 $80,007 9 $68,992 $71,406 $73,905 $76,492 $79,169 $81,940 $84,808 10 Senior Engineering Technician Natural Resources Coordinator $73,131 $75,690 $78,339 $81,081 $83,919 $86,857 $89,897 11 City Clerk $77,518 $80,231 $83,039 $85,947 $88,954 $92,068 $95,291 12 $82,170 $85,045 $88,023 $91,104 $94,291 $97,591 $101,007 13 Parks & Recreation Manager $87,099 $90,149 $93,304 $96,569 $99,950 $103,448 $107,068 14 Public Works Superintendent $92,326 $95,558 $98,902 $102,363 $105,947 $109,655 $113,492 15 $97,865 $101,291 $104,837 $108,505 $112,303 $116,233 $120,302 16 Police Captain Community Development Director $103,737 $107,368 $111,127 $115,015 $119,042 $123,207 $127,519 17 Finance Director Assistant City Administrator $109,962 $113,810 $117,794 $121,916 $126,183 $130,601 $135,171 18 Public Works Director Police Chief $116,559 $120,640 $124,861 $129,230 $133,755 $138,436 $143,280 19 $123,553 $127,878 $132,353 $136,985 $141,780 $146,743 $151,878 20 City Administrator $130,966 $135,549 $140,295 $145,205 $150,286 $155,546 $160,991 21 $138,824 $143,683 $148,712 $153,916 $159,303 $164,880 $170,651 22 $147,154 $152,305 $157,635 $163,151 $168,862 $174,773 $180,889 Step 4 = Midpoint Step City Council | Tuesday, December 20, 2022 | Page 70 of 156 Request for City Council Action DATE: December 20, 2022 TO: Mayor, City Council, and City Administrator FROM: Christine Lusian, City Clerk SUBJECT: Massage Therapist License INTRODUCTION City Council is asked to approve a new massage therapist license. BACKGROUND Massage therapist applicant, Deshona Humphrey, has completed application requirements, paid the associated license fees, and secured employment at licensed massage establishment Hush Therapeutic Massage. RECOMMENDATION City staff recommends City Council approve a massage therapist license for Deshona Humphrey effective through June 30, 2023. 5mCity Council | Tuesday, December 20, 2022 | Page 71 of 156 This page intentionally left blank. City Council | Tuesday, December 20, 2022 | Page 72 of 156 Request for City Council Action DATE: December 20, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Approve Sanitary Sewer Connection Agreement for the River Bluffs Development INTRODUCTION The Council is asked to approve a sanitary sewer connection agreement with Bigos-River Bluff, LLC (Bigos) for the River Bluffs development in the city of Lilydale. BACKGROUND The City of Mendota Heights owns and operates a sanitary sewer interceptor along Sibley Memorial Highway which was installed in 1968. The City also entered into an agreement with Diamond Jim’s mall in 1970 to provide sanitary sewer service to the property and entered into another agreement in 1974 to provide sanitary sewer service to the former Moose Country building. The properties served by the Mendota Heights listed above have been approved for redevelopment by the City of Lilydale. DISCUSSION The engineering consultant for Bigos, Kimley Horn, provided an analysis of the existing city sanitary sewer interceptor showing there is adequate capacity in the pipe (pipe is estimated to be flowing at half the pipe capacity during peak flows). The developer will also replace the existing service line highlighted on Exhibit B of the agreement. This service will be owned by Mendota Heights as it crosses State right-of-way. BUDGET IMPACT The City of Mendota Heights imposes a twenty percent surcharge (20%) on out of city connections to its sewer main. The new sewer charges for this property will exceed that of the existing property as the Mendota Heights billing fee structure would have a base rate charge for each housing unit and also charge based on the actual usage of the property. RECOMMENDATION Staff recommends that the City Council approve the agreement with Bigos for connecting to the Mendota Heights Sanitary Sewer. 5nCity Council | Tuesday, December 20, 2022 | Page 73 of 156 ACTION REQUIRED If Council wished to act on the staff recommendation, pass a motion authorizing the Mayor and Clerk to execute the Sanitary Sewer Connection Agreement with Bigos River Bluff, LLC. This action requires a simple majority vote. City Council | Tuesday, December 20, 2022 | Page 74 of 156 {00590525 2 } 223492v2 SANITARY SEWER CONNECTION AGREEMENT This Sanitary Sewer Connection Agreement (the “Agreement”) is dated effective ________________, 2022, by and between the City of Mendota Heights, a Minnesota municipal corporation (the “City”), and Bigos-River Bluff, LLC, a Minnesota limited liability company (“Bigos”). BACKGROUND A. Bigos is the owner of certain real property located in Lilydale, Dakota County, Minnesota, as more particularly described in the attached Exhibit A (the “Property”). B. The City owns and operates certain sanitary sewer mains which are located near the Property. C. Bigos has requested and the City has agreed to allow Bigos to connect the Property to the City’s sanitary sewer system pursuant to the terms as more particularly set forth in this Agreement. Now therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Incorporation of Recitals. The recitals set forth above are incorporated into the Agreement as if fully set forth herein. 2. Connection to Sanitary Sewer System and SAC. Subject to the terms and provisions of this Agreement, and in consideration for $211,245.00 (the “Fee”) in the aggregate paid by Bigos to the Metropolitan Council or the City of Lilydale, Minnesota (or some combination thereof) the City will allow Bigos to connect pipes and equipment serving the Property to the City’s sanitary sewer system. City Council | Tuesday, December 20, 2022 | Page 75 of 156 {00590525 2 } 223492v2 3. Costs of Initial Connection. In addition to the Fee, Bigos will pay all cost and expenses relating to the initial connection and hook up of the pipes and equipment servicing the Property’s sanitary sewer system to the City’s sanitary sewer system. 4. Responsibility of Parties for System Equipment. Bigos will at all times be responsible for and own the pipes and other equipment which connect to the sanitary sewer main. The pipes and other equipment which connect to the City’s sanitary sewer main will comply with Mendota Heights’ City Code (“City Code”) and may be approved, monitored, and inspected from time to time by the City to ensure compliance. The City will at all times be responsible for and own the sanitary sewer main. The Parties will perform routine maintenance for their respective portions of the sanitary sewer system. A depiction of which party owns which sewer lines is depicted in the attached Exhibit B. Bigos will provide a flow meter study to the City to confirm that current capacity of the sanitary sewer main is sufficient for the proposed project on the Property. If Bigos’ flow meter study demonstrates that the proposed project would exceed the sanitary sewer main’s current capacity, then Bigos will pay for any increased capacity needed to handle such proposed project. 5. Quarterly Charges. Bigos shall be invoiced for sanitary sewer usage by a quarterly billing statement from the City in accordance with City Code and State Law. Penalties for late or delinquent payments shall be charged in accordance with the City Code. 6. Term. This Agreement will become effective on the last date that the Agreement has been executed by both parties and will be for a permanent term unless alternative city sanitary services become available to Bigos or discontinuance of water service is based on a violation of Mendota Heights City Code or St. Paul Regional Water Services regulations. 7. Failure to Comply with Agreement. If Bigos is in material breach of this Agreement, then the City may, after providing Bigos thirty (30) days written notice of such alleged material breach and provided that such breach has not then been remedied, perform such work or otherwise cure such material breach. Notwithstanding the foregoing, if the City reasonably believes that an emergency condition exists which is caused by the neglect of Bigos, and that neglect threatens to significantly harm persons or property, then the notice period under this paragraph will not apply; provided, however, that the City will notify Bigos of such work immediately and such work will only be limited in scope to that which poses an immediate threat to persons or property. After the material breach has been remedied, the City will notify Bigos what the commercially reasonable costs to remedy such material breach were (the “Breach Notice”), and such costs will be due and payable to the City no later than ten (10) days after receipt of the Breach Notice. If not paid in full within such ten (10) day period, the unpaid amount will accrue interest at the rate of eight percent (8%) per annum until fully paid. If Bigos fails to fully pay such amount within sixty (60) days after receiving the Breach Notice, then the City will have, and such amount shall constitute, a lien on the Property. City Council | Tuesday, December 20, 2022 | Page 76 of 156 {00590525 2 } 223492v2 8. Regulations. All other regulations, requirements, and City powers established within the City Code shall apply to this Agreement and all services provided herein. 9. Venue and Choice of Law. This Agreement shall be interpreted under the laws of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. 10. Indemnification. Each party to this agreement shall be liable for its own acts and its officers, employees, or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of any other party, its officers, employees or agents. Each party hereby agrees to indemnify, defend and hold harmless any other party, its officers and employees against any and all liability, loss, costs, damages, expenses, claims, or actions, including attorney’s fees that any other party, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this agreement. 11. Data Privacy and Security. The parties will comply with all applicable data practices laws, including but not limited to the Minnesota Government Data Practices Act (MGDPA). All data created, collected, received, stored, used, maintained, or disseminated by the parties in the performance of their roles and responsibilities are subject to the requirements of the MGDPA, the Minnesota Rules implementing the MGDPA, as amended. This paragraph is required by the MGDPA and includes the remedies set forth in Minn. Stat. § 13.08. 12. Successors and Assigns. This Agreement shall run with the land and shall bind any and all heirs, assignees, and successors in title to the Property. This Agreement shall be recorded in the office of the County Recorder, Dakota County, Minnesota against the title to the Property. 13. Severability. The invalidity or unenforceability of any term or terms of this Agreement shall not invalidate, make unenforceable, or otherwise affect any other term of this Agreement, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted, and in such event, the remaining terms of this Agreement shall remain in full force and effect. 14. Amendment of Agreement. This Agreement may only be amended by an instrument in writing signed by all parties hereto and recorded in the office of the County Recorder, Dakota County, Minnesota. 15. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original but all of which, taken together, shall constitute but one and the same instrument. [Remainder of page blank; signatures follow] City Council | Tuesday, December 20, 2022 | Page 77 of 156 {00590525 2 } 223492v2 IN WITNESS WHEREOF, the parties have executed this Sanitary Sewer Connection Agreement effective as of the date first set forth above. BIGOS-RIVER BLUFF, LLC, a Minnesota limited liability company By: __________________________ Theodore J. Bigos Its: Chief Manager STATE OF MINNESOTA ) ) SS: COUNTY OF ______________ ) This instrument was acknowledged before me this ____ day of _____________, 2022, by Theodore J. Bigos, the Chief Manager of Bigos-River Bluff, LLC, a Minnesota limited liability company, on behalf of the limited liability company. _________________________________________ Notary Public (signatures continue) City Council | Tuesday, December 20, 2022 | Page 78 of 156 {00590525 2 } 223492v2 CITY OF MENDOTA HEIGHTS By: ___________________________ Stephanie B. Levine, Its Mayor By: ___________________________ Christine Lusian Its Clerk STATE OF MINNESOTA ) ) SS: COUNTY OF DAKOTA ) This instrument was acknowledged before me this ____ day of ___________________, 2022, by Stephanie B. Levine and Christine Lusian, respectively the Mayor and Clerk of the City of Mendota Heights, a Minnesota municipal corporation. _________________________________________ Notary Public THIS INSTRUMENT DRAFTED BY AND AFTER RECORDING PLEASE RETURN TO: Ravich Meyer Kirkman McGrath Nauman & Tansey, P.A. (PAS) 150 South Fifth Street, Suite 3450 Minneapolis, MN 55402 (END OF SIGNATURES) City Council | Tuesday, December 20, 2022 | Page 79 of 156 {00590525 2 } 223492v2 EXHIBIT A TO SANITARY SEWER CONNECTION AGREEMENT (LEGAL DESCRIPTION OF PROPERTY) City Council | Tuesday, December 20, 2022 | Page 80 of 156 {00590525 2 } 223492v2 EXHIBIT B TO SANITARY SEWER CONNECTION AGREEMENT DEPICTION OF SEWER LINE OWNERSHIP City Council | Tuesday, December 20, 2022 | Page 81 of 156 FIRE DEPARTMENT CONNECTION, SEE MEP PLANS MAINTAIN 18" VERTICAL SEPARATION BETWEEN ALL SSWR AND WTR CROSSINGS, TYP. CONNECT TO SSWR SERVICE 5' FROM BLDG; SEE MEP PROPOSED UNDERGROUND STORM WATER DETENTION EXISTING WATERMAIN 8"X8" TEEHYDRANT WITH 8" GATE VALVE 8"X8" TEE PROPOSED WATERMAIN. 8" DIP WITH 8' COVER 6" DIP W 8' COVER EXISTING HYDRANT EXISTING HYDRANT EXISTING HYDRANT APARTMENT BUILDING FFE: 805.00 FUTURE BUILDING PAD (SEPARATE PERMIT) FFE: 805.00 BLUFF LINE AS LOCATED IN MARCH 2019 20' BLUFF SETBACK 40' BLUFF SETBACK 29 LF - 8" PVC @ 0.45% 76 LF - 8" PVC @ 2.00% 26 LF - 6" PVC @ 2.00% 57 LF - 8" PVC @ 0.45% 125 LF - 8" PVC @ 0.45% SS-1 IE:791.45 SE SS-3 RE:803.35 IE:790.76 SW IE:793.93 NE IE:790.76 SE SS-4A IE:795.98 SE SS-4 RE:803.12 IE:795.46 NW IE:795.46 SW SS-2 RE:801.30 IE:791.32 NW IE:791.32 NE WATER SERVICE. INTERIOR SPLIT (6" FIRE AND 4" DOMESTIC) HYDRANT WITH 6" GATE VALVE NEW MECHANICAL DUCTILE IRON PIPE WITH STEEL CASING TUBE AND SPACERS 8"X6" REDUCER 8" GATE VALVE 8" GATE VALVE 6" GATE VALVE SAN IE: 795.68 WAT CROWN: 793.68 STRM IE: 799.58 WAT CROWN: 796.32 STRM IE: 801.43 WAT CROWN: 796.87 WAT IE: 795.05 SAN CROWN: 791.38 STRM IE: 799.66 WAT CROWN: 796.48 WATER SERVICE. INTERIOR SPLIT (6" FIRE AND 4" DOMESTIC) UTILITY PLAN NOTES 1. ALL FILL MATERIAL IS TO BE IN PLACE, AND COMPACTED BEFORE INSTALLATION OF PROPOSED UTILITIES. 2. SANITARY SEWER PIPE SHALL BE AS FOLLOWS: 8" PVC SDR35 PER ASTM D-3034, FOR PIPES LESS THAN 12' DEEP 8" PVC SDR26 PER ASTM D-3034, FOR PIPES MORE THAN 12' DEEP 6" PVC SCHEDULE 40 PER ASTM D-3034 DUCTILE IRON PIPE PER AWWA C150 3. MINIMUM TRENCH WIDTH SHALL BE 2 FEET. 4. ALL UTILITIES SHOULD BE KEPT TEN (10') APART (PARALLEL) OR WHEN CROSSING 18" VERTICAL CLEARANCE (OUTSIDE EDGE OF PIPE TO OUTSIDE EDGE OF PIPE OR STRUCTURE). 5. CONTRACTOR SHALL MAINTAIN A MINIMUM OF 7'-5" COVER ON ALL WATERLINES. 6.IN THE EVENT OF A VERTICAL CONFLICT BETWEEN WATER LINES, SANITARY LINES, STORM LINES AND GAS LINES, OR ANY OBSTRUCTION (EXISTING AND PROPOSED), THE SANITARY LINE SHALL BE SCH. 40 OR C900 WITH MECHANICAL JOINTS AT LEAST 10 FEET ON EITHER SIDE OF THE CENTER LINE OF THE CROSSING. THE WATER LINE SHALL HAVE MECHANICAL JOINTS WITH APPROPRIATE FASTENERS AS REQUIRED TO PROVIDE A MINIMUM OF 18" VERTICAL SEPARATION. MEETING REQUIREMENTS OF ANSI A21.10 OR ANSI 21.11 (AWWA C-151) (CLASS 50). 7. LINES UNDERGROUND SHALL BE INSTALLED, INSPECTED AND APPROVED BEFORE BACKFILLING. 8. TOPS OF MANHOLES SHALL BE RAISED AS NECESSARY TO BE FLUSH WITH PROPOSED PAVEMENT ELEVATIONS, AND TO BE ONE FOOT ABOVE FINISHED GROUND ELEVATIONS, IN GREEN AREAS, WITH WATERTIGHT LIDS. 9. ALL CONCRETE FOR ENCASEMENTS SHALL HAVE A MINIMUM 28 DAY COMPRESSION STRENGTH AT 3000 P.S.I. 10. EXISTING UTILITIES SHALL BE VERIFIED IN FIELD PRIOR TO INSTALLATION OF ANY NEW LINES. 11. REFER TO INTERIOR PLUMBING DRAWINGS FOR TIE-IN OF ALL UTILITIES. 12. CONTRACTOR IS RESPONSIBLE FOR COMPLYING TO THE SPECIFICATIONS OF THE CITY OF LILYDALE AND/OR STATE OF MN WITH REGARDS TO MATERIALS AND INSTALLATION OF THE WATER AND SEWER LINES. 13. THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING UTILITIES AS SHOWN ON THESE PLANS IS BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES, AND WHERE POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION IS NOT TO BE RELIED ON AS BEING EXACT OR COMPLETE. THE CONTRACTOR MUST CALL THE APPROPRIATE UTILITY COMPANIES AT LEAST 72 HOURS BEFORE ANY EXCAVATION TO REQUEST EXACT FIELD LOCATION OF UTILITIES. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. 14. CONTRACTOR IS RESPONSIBLE FOR ALL NECESSARY INSPECTIONS AND/OR CERTIFICATIONS REQUIRED BY CODES AND/OR UTILITY SERVICE COMPANIES. 15. CONTRACTOR SHALL COORDINATE WITH ALL UTILITY COMPANIES FOR INSTALLATION REQUIREMENTS AND SPECIFICATIONS. 16. CONTRACTOR SHALL REFERENCE ARCH / MEP PLANS FOR SITE LIGHTING AND ELECTRICAL PLAN. 17. BACKFLOW DEVICES (DDCV AND PRZ ASSEMBLIES) AND METERS ARE LOCATED IN THE INTERIOR OF THE BUILDING. REF. ARCH / MEP PLANS. 18. ALL ONSITE WATERMAINS AND SANITARY SEWERS SHALL BE PRIVATELY OWNED AND MAINTAINED. 19. THE FOLLOWING WORK IN THE RIGHT-OF-WAY SHALL BE PERFORMED BY SPRWS ON AN ACTUAL COST BASIS: (1) TAP, VALVE, AND BOX FOR ANY SERVICE TAPPED FROM 12” MAINS OR LARGER. (2) INSPECTION OF CONTRACTOR INSTALLED MAINS AND SERVICES. (3) CONSTRUCTION OF TEMPORARY SERVICES IF NECESSARY. AN ESTIMATE WILL BE PROVIDED FOR THIS WORK AND PAYMENT IN THE AMOUNT OF THE ESTIMATE MUST BE RECEIVED BEFORE THE WORK CAN BE SCHEDULED. ALL OTHER WORK, INCLUDING EXCAVATION, RESTORATION, CUT OFFS, AND PIPEWORK TO BE PERFORMED BY THE CONTRACTOR 20. WATER SERVICES TO BE INSTALLED ACCORDING TO SPRWS “STANDARDS FOR THE INSTALLATION OF WATER MAINS. 21.A FOUR-SIDED TRENCH BOX IS REQUIRED ON ALL EXCAVATIONS DEEPER THAN 5 FEET WHERE UNDERGROUND WORK OR INSPECTION IS TO BE PERFORMED BY SPRWS. FOR ALL WET TAPS TO BE PERFORMED BY SPRWS, A MINIMUM TRENCH BOX SIZE OF 8 FEET HIGH X 8 FEET WIDE X 10 FEET LONG IS REQUIRED. LADDERS ARE REQUIRED AND MUST EXTEND 3 FEET ABOVE THE SURFACE OF THE TRENCH. SIDEWALKS, PAVEMENTS, DUCTS AND APPURTENANT STRUCTURES SHALL NOT BE UNDERMINED UNLESS A SUPPORT SYSTEM OR ANOTHER METHOD OF PROTECTION IS PROVIDED. TRENCHES IN EXCESS OF 20 FEET IN DEPTH MUST BE SIGNED OFF BY A REGISTERED PROFESSIONAL ENGINEER. EXCAVATED MATERIAL MUST BE KEPT A MINIMUM OF 2 FEET FROM THE EDGE OF THE TRENCH. 22.SERVICE CONNECTIONS SHALL BE INSTALLED WITH 8 FEET OF COVER AS PER THE ESTABLISHED GRADE FROM THE MAIN TO THE PROPERTY LINE OR, IF APPLICABLE, TO THE UTILITY EASEMENT LINE. WHEN SOLID ROCK CONDITIONS ARE ENCOUNTERED, WATER SERVICES MAY BE INSTALLED WITH 6.5 FEET OF COVER. AT THIS DEPTH, THE NEED FOR INSULATION WILL BE DETERMINED BY SPRWS INSPECTORS. 23. ALL PIPE 2” AND SMALLER MUST BE TYPE K COPPER. PIPE MATERIAL FOR 8” DUCTILE IRON PIPE MUST BE CLASS 52, PIPE MATERIAL FOR 6” AND 4” DUCTILE IRON PIPE MUST BE CLASS 53. THE EXTERIOR OF DUCTILE IRON PIPE SHALL BE COATED WITH A LAYER OF ARC-SPRAYED ZINC PER ISO 8179. THE INTERIOR CEMENT MORTAR LINING SHALL BE APPLIED WITHOUT ASPHALT SEAL COAT. PIPE MUST BE WRAPPED IN V-BIO POLYWRAP ENCASEMENT AND SHALL BE INSTALLED UTILIZING MODIFIED METHOD A AS RECOMMENDED BY DIPRA. ENCASEMENT SHALL BE TAPED AT EACH JOINT AND AROUND THE MIDDLE OF THE PIPE. 24. MAINTAIN 3 FEET VERTICAL SEPARATION BETWEEN WATER AND SEWER PIPES OR 18-INCH SEPARATION INCLUDING 4-INCH HIGH DENSITY INSULATION PER SPRWS STANDARD PLATE D-10 FOR TYPICAL WATER MAIN OFFSETS. 25.REFER TO SPRWS “STANDARDS FOR THE INSTALLATION OF WATER MAINS” STANDARD PLATE D-11 FOR RESTRAINED PIPE REQUIREMENT. 26.ALL WATER SERVICE VALVE BOXES WITHIN CONSTRUCTION AREA MUST BE EXPOSED AND BROUGHT TO GRADE UPON COMPLETION OF CONSTRUCTION. 27. ALL PIPE WORK INSIDE OF PROPERTY TO BE PERFORMED BY A PLUMBER LICENSED BY THE STATE OF MINNESOTA AND CERTIFIED BY THE CITY OF SAINT PAUL. SPRWS REQUIRES SEPARATE OUTSIDE AND INSIDE PLUMBING PERMITS FOR EACH NEW WATER SERVICE. 28.ALL UNUSED EXISTING WATER SERVICES TO BE CUT OFF BY THE CONTRACTOR AT THE MAIN. EXCAVATION AND RESTORATION BY CONTRACTOR. CUT OFFS MUST BE PERFORMED PRIOR TO THE SCHEDULED TIME OF NEW INSTALLATION. 29. SERVICES THAT ARE TO BECOME UNUSED UPON COMPLETION OF THE NEW SERVICE CONNECTION MUST BE CUT OFF BY THE CONTRACTOR AT THE MAIN PRIOR TO THE TURN ON OF THE NEW SERVICES. EXCAVATION AND RESTORATION BY CONTRACTOR. 30. THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL EXCAVATION AND OBSTRUCTION PERMITS REQUIRED BY ANY GOVERNING AUTHORITY. 31.CONTRACTOR MUST MAINTAIN AS-BUILT PLANS THROUGHOUT CONSTRUCTION AND SUBMIT THESE PLANS TO SAINT PAUL REGIONAL WATER SERVICES ENGINEERING DEPARTMENT UPON COMPLETION OF WORK VIA EMAIL AT: WATER-PLUMBINGPERMITAPP@CI.STPAUL.MN.US 32. CATHODIC PROTECTION IN THE FORM OF (2) 32 LB (BARE WT.) MAGNESIUM ANODES IS REQUIRED IN CONJUNCTION WITH NEW SERVICE INSTALLATION(S) IN THE RIGHT-OF-WAY. REFER TO STANDARD PLATE D-15. PROPOSED SANITARY SEWER MANHOLE PROPOSED SANITARY SEWER PROPOSED WATERMAIN PROPOSED GATE VALVE PROPOSED HYDRANT PROPOSED TEE PROPOSED REDUCER PROPOSED UNDERGROUND ELECTRIC PROPOSED TELEPHONE PROPOSED GAS MAIN PROPOSED STORM SEWER LEGEND CO PROPOSED SANITARY CLEANOUT C600 UTILITY PLAN N O R T H Signature Typed or Printed Name License # Date PROJECT NUMBER DRAWN BY CHECKED BY ORIGINAL ISSUE: REVISIONS: KEY PLAN I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly licensed engineer under the laws of the State of Minnesota WILLIAM D. MATZEK, P.E. 45790 9/30/2021 6:54:09 PM160561008 ACL WDM 12/20/21 RIVER BLUFFS APARTMENTS LILIA APARTMENTS LILYDALE, MN No. Description Date 2021 KIMLEY-HORN AND ASSOCIATES, INC. 767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114 PHONE: 651-645-4197 WWW.KIMLEY-HORN.COM PERMIT SET 10-6-2022 City Council | Tuesday, December 20, 2022 | Page 82 of 156 CITY OF MENDOTA HEIGHTS TREASURER'S REPORT NOVEMBER 2022 \pJ(\'Vf) Deerwood Bank Checking Account .03% Collateral -Bonds Gov't. Guar. Investments Saving Cert 7/27/2020@ 1.50% Cherokee FHLMC 0.32% 11/24/23 Federal Farm Credit Bank Bond 0.31 % 11/30/23 FHLB 1.35% 2/11/25 FHLB 0.35% 10/14/25 FHLB 0.50% 2/25/26 FHLB 0.50% 3/16/26 FHLB 0.65% 6/30/26 FHLB .75% 8/26/26 Bank Hapoalim BM NY 4.85% 05/21/24 Eaglemark Savings Bank .20% 4/28/23 BMW Bank America 0.40% 9/26/23 Webbank 0.55% 11/29/23 Bank United .45% 4/15/24 UBS Bank USA 0.35% 6/24/24 Texas Exchange Bank 0.50% 7/9/24 Toyota Financial Savings Bank .55% 8/5/24 Webbank 1. 00% 12/30/24 JP Morgan 1.10% 1/31/25 Morgan Stanley Private Bank 0.40% 3/20/25 Ally Bank 2.60% 4/14/26 Sallie Mae Bank 1.00% 7/8/26 Goldman Sachs Bank 1.05% 9/22/26 State Bank of India 1.10% 9/28/26 Discover Bank 3.35% 7/12/27 Capital One 3.40% 8/17/27 Capital One USA 3.40% 8/17 /27 Fidelity Institutional Government Portfolio (Piper) FHLB 4.08% 4/27/23 Gov't. Securities Fund 28% Sold 6/4 MMkt Fd (WF) TOTAL FUNDS AVAILABLE 11/30/2022 Funds Available 1/1/2022 Rates Money Market November Bank 5 Yr. Tr. 10 Yr. Tr. 0.03% 3.82% 3.68% BALANCE $272,325.55 Cost $14,064.33 $225,000.00 $490,000.00 $490,000.00 $500,000.00 $340,000.00 $505,000.00 $300,000.00 $250,000.00 $225,000.00 $245,000.00 $245,000.00 $110,000.00 $245,000.00 $245,000.00 $247,000.00 $245,000.00 $135,000.00 $245,000.00 $245,000.00 $245,000.00 $144,000.00 $160,000.00 $245,000.00 $235,000.00 $245,000.00 $245,000.00 $16,141,290.12 $750,000.00 $433,187.00 $8,106.06 $24,669,973.06 $21,400,714.92 COLLATERAL $3,240,000.00 $200,000.00 PV $14,064.33 $215,003.25 $468,131.30 $457,934.40 $451,790.00 $302,712.20 $450,576.15 $267,522.00 $222,450.00 $224,964.00 $240,849.70 $236,559.75 $105,482.30 $230,692.00 $228,325.30 $230,315.15 $228,009.25 $124,645.50 $225,941.45 $222,727.05 $227,808.35 $125,759.52 $139,022.40 $213,179.40 $220,272.55 $229,807.55 $229,807.55 $16,141,290.12 $749,377.50 5oCity Council | Tuesday, December 20, 2022 | Page 83 of 156 City Council | Tuesday, December 20, 2022 | Page 84 of 156 12/5/2022 Mendota Heights Building Activity Report Mike Andrejka, Building Official November 1, 2022 thru November 30, 2022 January 1, 2022 thru November 30, 2022 January 1, 2021 thru November 30, 2021 January 1, 2020 thru November 30, 2020 Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected SFD 0 -$ $0.00 SFD 8 6,577,840.00$ $66,560.42 SFD 15 12,311,440.00$ $123,336.30 SFD 8 4,190,715.00$ 46,791.77$ Apartment 0 -$ $0.00 Apartment 2 13,392,900.00$ $93,200.42 Apartment 0 -$ $0.00 Apartment 1 14,000,000.00$ 95,628.64$ Townhouse 0 -$ $0.00 Townhouse 0 -$ $0.00 Townhouse 2 1,000,000.00$ $8,641.88 Townhouse 0 -$ -$ Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ -$ Misc 46 1,628,611.95$ 19,813.27$ Misc 665 30,452,474.84$ 304,196.67$ Misc 611 22,518,525.29$ 249,115.37$ Misc 534 9,653,699.04$ 120,326.77$ Commercial 8 769,772.36$ $11,382.80 Commercial 63 6,743,847.48$ $81,158.76 Commercial 62 9,610,571.73$ $97,743.06 Commercial 45 2,033,586.00$ 22,947.94$ Sub Total 54 2,398,384.31$ 31,196.07$ Sub Total 738 57,167,062.32$ 545,116.27$ Sub Total 690 45,440,537.02$ 478,836.61$ Sub Total 588 29,878,000.04$ 285,695.12$ Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Plumbing 11 $1,040.00 Plumbing 198 $28,316.86 Plumbing 223 $23,187.40 Plumbing 171 18,041.88$ Water 0 $0.00 Water 0 $0.00 Water 0 $0.00 Water 0 -$ Sewer 2 $150.00 Sewer 28 $2,026.00 Sewer 27 $2,026.00 Sewer 18 1,350.00$ Mechanical 28 $2,337.43 Mechanical 360 397.00$ $49,166.45 Mechanical 383 $46,780.09 Mechanical 320 33,975.91$ Sub Total 41 3,527.43$ Sub Total 586 79,509.31$ Sub Total 633 $71,993.49 Sub Total 509 53,367.79$ License No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Contractor 0 $0.00 Contractor 0 $0.00 Contractor 0 $0.00 Contractor 0 -$ Total 95 2,398,384.31$ 34,723.50$ Total 1324 57,167,062.32$ 624,625.58$ Total 1323 45,440,537.02$ 550,830.10$ Total 1097 29,878,000.04$ 339,062.91$ NOTE: All fee amounts exclude SAC, WAC and State Surcharge. Amounts shown will reflect only permit, plan review fee and valuation totals 5pCity Council | Tuesday, December 20, 2022 | Page 85 of 156 This page intentionally left blank. City Council | Tuesday, December 20, 2022 | Page 86 of 156 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone I 651.452.8940 fax www.mendota-heights.com ,� CITY OF m 1 MENDOTA HEIGHTS MEETING DATE: TO: FROM: SUBJECT: BACKGROUND Significant Claims Request for City Council Action December 20, 2022 Mayor, City Council and City Admin istrator Kristen Schabacker, Finance Director \j\,�t1t/ Claims List Summary Vi lV" A to Z Home Inspections -10/24-11/25/22 (159 Inspections) $ Civic Plus -2023 Annual Fee $ CNH Architects -City Hall/Police Addition/Remodel $ Fleetpride -Equipment Repair Streets $ Lexipol -2023 Police Policy Manual $ LOGIS -IT Services/Computer Hardware $ Mendota Heights Fire Relief Association -2022 City Contribution $ Mid Northern Services -Wentw01th Electrical Panel/Public Works Salt Storage $ No1thfield Solar -Utilities $ OPG-3 -Laserfiche Licenses President & Fellows of Harvard-Police Leadership Course City of St Paul -Asphalt TKDA-Victoria Curve/Emerson Ave Street Project Work $ $ $ $ 9,540.38 5,209.31 10,230.00 8,505.69 10,183.50 26,452.23 181,125.00 31,661.69 9,507.52 10,464.00 6,200.00 12,601.71 26,736.30 Manual Checks Total System Checks Total $ 7,718.30 $ 453,479.06 Total for the list of claims for the December 20, 2022 City Council meeting $ 461,197.36 RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the list of claims for December 20, 2022. 5qCity Council | Tuesday, December 20, 2022 | Page 87 of 156 City Council | Tuesday, December 20, 2022 | Page 88 of 156 City Council | Tuesday, December 20, 2022 | Page 89 of 156 City Council | Tuesday, December 20, 2022 | Page 90 of 156 City Council | Tuesday, December 20, 2022 | Page 91 of 156 City Council | Tuesday, December 20, 2022 | Page 92 of 156 City Council | Tuesday, December 20, 2022 | Page 93 of 156 City Council | Tuesday, December 20, 2022 | Page 94 of 156 City Council | Tuesday, December 20, 2022 | Page 95 of 156 City Council | Tuesday, December 20, 2022 | Page 96 of 156 City Council | Tuesday, December 20, 2022 | Page 97 of 156 City Council | Tuesday, December 20, 2022 | Page 98 of 156 Request for City Council Action DATE: December 20, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2022-97 Accepting Feasibility Report and Calling for a Public Hearing for the Victoria Curve Street Improvements INTRODUCTION The purpose of this memo is to request that the Council approve the feasibility report and schedule a public hearing for the Victoria Curve Street Improvements. BACKGROUND The preparation of a feasibility report for Victoria Curve Street Improvements was authorized by the Mendota Heights City Council by adopting Resolution 2022-63 at the City Council meeting held on August 16, 2022. The proposed streets to be rehabilitated are Victoria Curve and Orchard Hill. Based on our observations, as well as our pavement management system, a majority of these streets have deteriorated to the point where it is no longer cost effective to patch the street and rehabilitation is necessary. DISCUSSION The feasibility report indicates the estimated costs for the project, along with preliminary assessment estimates. At the end of the feasibility report, a project financing summary is included to show project cost splits and funding sources to be utilized. The total estimated cost of the project is $2,090,000 including indirect costs. The largest contributor to the increased costs allocated to the city are due to Victoria Curve having minimal assessable properties. A portion of the feasibility report is attached and the entire report is available for review at city hall or via request. Staff is proposing to hold an informational meeting on January 9, 2023. BUDGET IMPACT Street improvement projects are proposed to be assessed to the benefiting property owners. Pursuant to the City’s Street Rehabilitation and Reconstruction Policy, the benefiting properties should be assessed 50% of the street reconstruction and rehabilitation costs. The following tables show the estimated unit assessments based on the City policy. 9aCity Council | Tuesday, December 20, 2022 | Page 99 of 156 Project Total Total Estimated Costs Street Improvements $ 1,115,915 Indirect Costs for Street Improvements (20%)* $ 223,183 Total Costs for Street Improvements $ 1,339,097 Trail Improvements $ 371,211 Indirect Costs Trail Improvements (20%)* $ 74,242 Total Costs for Trail Improvements $ 445,453 Storm Sewer Improvements $ 139,632 Sanitary Sewer Improvements $ 4,658 Water Improvements $ 5,693 Total Cost for Utility Improvements $ 149,983 St Paul Regional Water Improvements $ 133,215 Total Indirect Costs for City (15%)* $ 19,982 Total Cost for St Paul Regional Water $ 153,197 Total Improvement Cost $ 1,770,324 Total Indirect Costs for City* $ 317,407 Total Cost $ 2,087,731 Rounded Total Cost $ 2,090,000 Assessment Calculation Total Total Project Cost $ 2,087,731 Assessable Amount $ 1,339,097 Assessment Amount (50% of Assessable Amount) $ 669,549 Total Units - Residential* 29 Assessment - Residential $ 220,646.74 Total Units - City of Mendota Heights* 59 City Assigned Assessment Amount $ 448,901.98 Total Units 88 Unit Assessment (Assessable amount/ XX Units) $ 7,608.51 Total Assessment Amount $ 7,609 Victoria curve abuts Trunk Highway 62 and therefore only provides access to one side of the street for assessable properties. This reduces the assessable front footage or number of units. In these areas, a frontage or unit count was added and assigned to the City to normalize the assessment rates. Residential assessments for the project are calculated to be, $7,609 for the street improvements. Staff is hopeful that competitive bids will be received on the project reducing the assessment to residential properties. Funding Source Project Total Municipal Levy $ 365,002 City Assessment (Municipal Levy) $ 448,902 Total Municipal Levy $ 813,904 Resident and Business Assessment (50%) $ 220,647 State Aid Funding $ 750,000 Utility Fund – Storm Sewer $ 139,632 Utility Fund – Sanitary Sewer Fund $ 4,658 Utility Fund – Water Fund $ 5,693 St Paul Regional Water Fund $ 153,197 Total $ 2,087,731 City Council | Tuesday, December 20, 2022 | Page 100 of 156 The project is showing a Municipal Levy of $813,904. There is also $750,000 funding from the Municipal State Aid account. The total project cost is estimated at $2,090,000. It is presumed that the City would secure bonding for the Municipal Levy and Assessment portions of the project ($1,034,551). The assessment amount of $220,647 is equivalent to 21.3% of the bond amount. Minnesota Statutes Chapter 429 Special Assessment Bond Issue requires that a minimum of 20% of the total bond issue amount be recovered through special assessments. As the project is designed and competitively bid, the calculated assessment amount will be updated leading up to the adoption of the assessment roll. The improvements are necessary to allow for safe and reliable street and utility services within the City of Mendota Heights. The project will be competitively bid to allow for a cost-effective improvement. The feasibility study has provided an overall analysis of the feasible improvements for consideration within this project area. Therefore, the proposed improvements within the areas outlined in this report are necessary, cost effective, and feasible from an engineering standpoint. RECOMMENDATION Staff recommends that council accept the feasibility report and schedule the public hearing for January 17, 2023. A neighborhood informational meeting will be scheduled to be held on January 9, 2023. ACTION REQUIRED If City Council wishes to implement the staff recommendation, pass a motion adopting A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE VICTORIA CURVE STREET IMPROVEMENT PROJECT #202305. This action requires a simple majority vote. City Council | Tuesday, December 20, 2022 | Page 101 of 156 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-97 A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE VICTORIA CURVE STREET IMPROVEMENT PROJECT (PROJECT #202305) WHEREAS, pursuant to Resolution 2022-63, the City Council, on August 16, 2022, ordered a feasibility report to be prepared by the Public Works Director with reference to the improvement of Victoria Curve and Orchard Hill; and WHEREAS, the Public Works Director has submitted a report to the City Council with respect to Victoria Curve and Orchard Hill improvements which include: reclaimed aggregate base, concrete curb and gutter, bituminous surfacing, trail improvements, storm sewer repair and improvements, ADA improvements and appurtenant work; and WHEREAS, in said report the Public Works Director reported that the proposed improvements and construction thereof are desirable and necessary, technically and economically feasible, cost effective, and further reported on the estimated cost of the proposed improvements; and NOW, THEREFORE, IT IS HEREBY RESOLVED, by the Mendota Heights City Council as follows: 1. The City Council hereby accepts the Feasibility Report as submitted. 2. The Council will consider the improvement of such streets and areas in accordance with the report and the assessment of property as described in the report for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvements of $2,090,000. 3. A Public Hearing shall be held on such proposed improvements on the 17th day of January, 2023 at City Hall, 1101 Victoria Curve, City of Mendota Heights, Minnesota at 6:00 p.m. Statutory notice and publication requirements shall be followed. Adopted by the City Council of the City of Mendota Heights this twentieth day of December, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor ATTEST: _________________________ Christine Lusian, City Clerk City Council | Tuesday, December 20, 2022 | Page 102 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 1 Feasibility Report Victoria Curve Street Improvements City of Mendota Heights, Minnesota City Project No. 202305 TKDA Project No. 20304.000 December 13, 2022 City Council | Tuesday, December 20, 2022 | Page 103 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 2 Victoria Curve Street Improvements Feasibility Report City of Mendota Heights, Minnesota City Project No. 202305 TKDA No. 20304.000 December 13, 2022 I hereby certify that this report was prepared by me or under my direct supervision, and I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Larry Poppler Professional Engineer Date: December 13, 2022 License Number: 41005 TKDA 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 City Council | Tuesday, December 20, 2022 | Page 104 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 3 Summary Victoria Curve Improvements: Pavement rehabilitation, walking trail rehabilitation, new walking trail, concrete curb and gutter repair, manhole and catch basin adjustment, storm sewer improvement, retaining wall, and appurtenant work on the following areas: · Victoria Curve (from Lexington Ave S to Trunk Highway 13) · Orchard Hill (from Lexington Ave S to the end of the cul-de-sac) Victoria Curve Street Improvements Pavement ReclamationParking Full Curb ReplacementSelect Curb ReplacementTrail ConstructionTrail ImprovementsPark ImprovementsStorm Sewer ImprovementsWatermain ImprovementsVictoria Curve X X X X X X X X X Orchard Hill X X X X City Council | Tuesday, December 20, 2022 | Page 105 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 4 Table of Contents Certification Page .................................................................................................................................. 2 Summary ............................................................................................................................................... 3 Table of Contents .................................................................................................................................. 4 Introduction ............................................................................................................................................ 5 Background ............................................................................................................................................ 6 Existing Conditions ................................................................................................................................ 6 Proposed Improvements ....................................................................................................................... 9 Resident and Business Input ...............................................................................................................11 Project Funding....................................................................................................................................12 Estimated Costs ....................................................................................................................... 12 Assessment Policy ................................................................................................................... 12 Assessment Calculation and Estimation .................................................................................. 13 Funding Sources ...................................................................................................................... 13 Preliminary Project Schedule ..............................................................................................................14 Conclusion and Recommendation .......................................................................................................14 List of Tables Table 1 Boring and Coring Log .............................................................................................................. 8 Table 2 Pavement Improvement Recommendation ...........................................................................10 Table 3 Curb Replacement Percentage ..............................................................................................11 Table 4 Project Cost ............................................................................................................................12 Table 5 Assessment Calculation .........................................................................................................13 Table 6 Project Funding ......................................................................................................................14 Table 7 Project Schedule ....................................................................................................................14 List of Exhibits Street Improvement Plan (SIP) .................................................................................................. Exhibit 1 Resident and Business Input ..................................................................................................... Exhibit 2 Typical Cross Sections .............................................................................................................. Exhibit 3 Engineer's Estimate ................................................................................................................... Exhibit 4 Preliminary Assessment Rolls ................................................................................................... Exhibit 5 Assessment Map ....................................................................................................................... Exhibit 6 Geotechnical Report and Soil Borings ...................................................................................... Exhibit 7 City Council | Tuesday, December 20, 2022 | Page 106 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 5 Feasibility Report Victoria Curve Street Improvements Prepared for City of Mendota Heights, Minnesota Introduction: On August 16, 2022, the City of Mendota Heights adopted Resolution 2022-63 ordering the preparation of a feasibility report for street improvements on Victoria Curve and Orchard Hill for the following described areas: · Victoria Curve (from Lexington Ave S to Trunk Highway 13) · Orchard Hill (from Lexington Ave S to the end of the cul-de-sac) Improvements are located within the following section, township, and range: · S27 T28N R23W (Victoria Curve and Orchard Hill) These areas are described on the following plats: · Victoria Curve o Beth Jacobs Synagogue o Burns Heights o Valley View Oak Second Addition o Town of Mendota o S27 T28N R23W · Orchard Hill o Swanson’s Second Addition o S27 T28N R23W This report evaluates the feasible street improvements for all project areas listed above. All existing infrastructure elements were evaluated, improvements recommended, cost estimates of the proposed improvements prepared and funding strategies developed in this report. Based on the analysis of the existing conditions, the following improvements are recommended: Victoria Curve Street Improvements Pavement ReclamationParking Full Curb ReplacementSelect Curb ReplacementTrail ConstructionTrail ImprovementsPark ImprovementsStorm Sewer ImprovementsWatermain ImprovementsVictoria Curve X X X X X X X X X Orchard Hill X X X X City Council | Tuesday, December 20, 2022 | Page 107 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 6 Background: The City of Mendota Heights utilizes a multi-year pavement management plan to prioritize the infrastructure improvement needs within the city. Street improvement needs are summarized within the Street Improvement Plan (SIP). The Street Improvement Plan suggests improvements to the following streets: Victoria Curve and Orchard Hill The proposed improvement for Victoria Curve and Orchard Hill are proposed and recommended for pavement reclamation. Existing Conditions: According to the City’s SIP and City records, all aforementioned streets are subject for improvements. Over time the City of Mendota Heights Public Works Department has maintained streets with chip seals, crack seals, hot patching, and partial overlays several times in the years since construction. Many factors have accounted for roadway deterioration including the following: · Age · Weather (freeze/thaw cycle) · Salt and chemical ice/snow treatment · Traffic volume and heavy vehicle loading · Underlying soil conditions · Roadway pavement section · Surface and subsurface water drainage · Traffic volumes Below is all the observations and measurements taken on the streets proposed for improvements: Victoria Curve Victoria Curve is an East/West roadway which parallels Trunk Highway 62 and connects Lexington Avenue to Trunk Highway 13 with traffic counts of nearly 500 vehicles per day. The roadway serves properties within the City of Mendota as well as residential, synagogue, park, and City offices. There are a total of 5 residential properties and 2 businesses on Victoria Curve with direct access to Victoria Curve. Street: The road widths vary from approximately 25’ to 39’ from edge of roadway or back of curb (BOC) to back of curb (BOC). Curb and gutter exists in parts of the roadway otherwise the roadway is a rural section with gravel shoulders. The approach from Lexington Ave S has a width of approximately 25 feet in width. The width at intersection of Trunk Highway 13 measures approximately 39’ BOC to BOC. At the time of inspection, the pavement appeared to have been previously hot patched, chip sealed, and joint sealed in failing areas. The pavement was observed to have wide spread fatigue cracking and signs of frost cracking indicated by the large longitudinal cracking seen along the alignment. Near the City office property and park, the edges of the bituminous are breaking away and erosion of the gravel shoulder is occurring. Park users are parking along the edge of the roadway in this location to use the baseball field. Trail: The walking trail adjacent to Victoria Curve is an 8’ bituminous walking trail from Lexington Avenue to Hunter Lane. The bituminous trail is currently in poor condition and is currently next to the road on some parts, with no boulevard in between the trail and the road. The trail passes along the drainage ditch in the Figure 1: Victoria Curve, (east) towards Lexington Ave S City Council | Tuesday, December 20, 2022 | Page 108 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 7 area and has little boulevard before steep embankment slopes in some areas. West of Hunter Lane, pedestrians must walk on the roadway shoulder. Drainage: The street section currently sheet drains at 1.0% to 3.0% from east to west to the ditch along the south side of Victoria Curve. There is a localized highpoint approximately 600 feet from the Lexington Ave S approach. Drainage west of the high point runs down the north and south concrete curbline into a catch basin located at the bottom of the hill on Victoria Curve. Drainage east of the high point flows to a catch basin that drains into the ditch of Victoria Curve. Curb and Gutter: Victoria Curve currently utilizes B618 concrete curb and gutter. The concrete curb on the Lexington Ave S approach and CSAH appeared to be in fair condition and was observed to be acceptable along 80% of the length. Utilities: Victoria Curve has water service provided from SPRWS. There is currently a 6” cast iron main on the street. Other utilities in the area include overhead and underground power, gas, pipeline, underground cable and communication, MnDOT storm sewer and City of Mendota Heights storm sewer. Some power poles and communication boxes are prevalent along the north edge of the road. Victoria Curve is currently served by sanitary sewer between Hunter Lane and Glenhill Road and is located in the boulevard approximately 30” to 80” north of the northern curb. Orchard Hill Orchard Hill is a short cul-de-sac located West of Lexington Avenue. There are a total of 10 single family residential properties with bituminous, concrete, and brick driveways. Street: Orchard Hill can be divided into three street sections. At the time of inspection, the pavement appeared to have been recently chip sealed and joint sealed from Lexington to the cul-de-sac. The pavement was observed to have fatigue cracking and minor settling along curb lines. Additionally, the edge of bituminous was failing around the cul-de-sac and some shouldering had settled along the edge of bituminous. Drainage: The street section is currently crowned with slopes ranging from 1.5% to 4.0%. There is a localized highpoint approximately 400 feet from the intersection of Lexington Avenue and a localized low point approximately 30 feet from the intersection of Lexington located at the catch basins. The surface water in this area drains into the catch basins flowing east; it eventually crosses Lexington Ave S and is discharged into a retention pond on the northwest quadrant of the Lexington Ave S intersection. At the high point, water flows north in the catch basin in the cul-de-sac. Curb and Gutter: Orchard Hill begins at Lexington Avenue with a full urban street section (curb and gutter) for entirety of the road. The curb in the urban section is in acceptable condition but in need of improvement primarily across driveway accesses. From the end of the north curb line, the road tapers in width but maintains a crown until reaching the cul-de-sac where the curb wraps around to a catch basin on the northeast side of the cul-de-sac. The curb in this stretch of Orchard Hill is generally in excellent condition with exception to the cul-de-sac and across some driveways. 10-20% curb is deficient due to cracking or settling. Figure 2: Cul-De-Sac (north) on Orchard Hill City Council | Tuesday, December 20, 2022 | Page 109 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 8 Utilities: Orchard Hill has water service provided from SPRWS. Some gate valve boxes were observed to be broken in the roadway. Other utilities in the area include underground power, gas, underground cable and communication, storm sewer, and sanitary sewer. Geotechnical Exploration: Proposed pavement improvements provided in this section of the report were developed in conjunction with our geotechnical engineering partners Braun Intertec (Braun). Braun took a total of 10 soil borings and 10 pavement corings to investigate the proposed improvement areas. Braun found that pavement depths ranged from 3 to 12 inches and aggregate base was non-existent on Victoria Curve and ranged from 6.5 to 7.5 inches on Orchard Hill. Below, displayed on Table 1, are the depths of bituminous and aggregate measured from the soil borings and pavement corings. A copy of the geotechnical report and soil borings is available in Exhibit 7 in the appendix. Table 1: Boring and Coring Logs Street Core Bituminous (in) Aggregate Base (in) Core Comments Subgrade Soil Type Victoria Curve ST-1 10.5 None Debonding at 3”. High deterioration in upper 3” Poorly Graded Sand (SP-SM) and Poorly Graded Sand (SP) ST-2 12 None Slight Stripping in upper 2” Poorly Graded Sand with Silt (SP-SM) and Silty Sand (SM) ST-3 9.75 None Low severity of stripping Silty Sand (SM) ST-4 10 None Slight striping in upper 2” Silty Sand (SM) and Clayey Sand (SC) ST-5 10.25 None Good Condition Silty Sand (SM) ST-6 9.25 None Good Condition Silty Sand (SM) and Lean Clay (CL) ST-7 6.5 None Low Severity of Stripping Silty Sand (SM) and Lean Clay (CL) ST-8 6.5 None Good Condition Silty Sand (SM) and Lean Clay (CL) Orchard Hill ST-9 4 6.5 Moderate to highly deteriorated Silty Sand (SM) and Poorly Graded Sand (SP-SM) ST- 10 3 7.5 Low to moderate severity of stripping Sandy Lean Clay (CL) and Silty Sand (SM) City Council | Tuesday, December 20, 2022 | Page 110 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 9 Proposed Improvements: Streets: Considering the existing condition, deterioration factors, and geotechnical investigation, pavement reclamation is proposed for Victoria Curve and Orchard Hill. For Victoria Curve, pavement reclamation is recommended as a 10 ton design. Reclamation is recommended because there is no aggregate base beneath this roadway section and roadway width changes are proposed. Orchard Hill is recommended as a 7 ton design. Reclamation is proposed because the bituminous cores were moderately to highly deteriorated (deteriorated pavement would break apart if a mill and overlay were proposed). Considering that the underlying base and pavement materials have deteriorated, cracking would immediately reflect to the new bituminous if a mill and overlay was completed. Full reconstruction was also evaluated, but because the majority of utilities and concrete curb is in fair condition this option is not necessary. Full depth reclamation will provide a new structural aggregate base and disrupt the existing frost heaving that has breached the existing aggregate base and bituminous surface. This improvement will provide a new paving surface that should last 30 to 40 years (with future routine maintenance and mill and overlay improvements). A variable depth reclamation as the recommended will provide a uniform street section and longer lasting results with a lower cost than full reconstruction. Mixing of crushed rock and aggregate base may be needed in areas to meet specifications. To make room for the new bituminous section, the reclaimed material will be graded and compacted to a depth of 4” below finish grade after reclamation and excess material is removed. A proposed typical section for the proposed reclamation is shown in Exhibit 3. The City should consider changes to the road width for Victoria Curve to allow for adding trail west of Hunter Lane and adding parking east of Hunter Lane. In order to allow for trail, the road width would be reduced from 35 feet to 28 feet from Hunter Lane to Trunk Highway 13. Guardrail may need to be removed and replaced in the area where steep slopes are encountered. Fencing along the trail may also be necessary. Near the baseball field and the synogue, the City should consider street width of 34 feet to allow for on- street parking on one side. Retaining wall and storm sewer modifications will be needed to widen for parking. The drivelanes are recommended to be 12 feet in width. The existing width of Orchard Hill is not recommended to be changed. Figure 1: Reclaim and curb replacement (City of Mendota Heights Marie Avenue Project 2020) Figure 4: Victoria Curve parking graphic. City Council | Tuesday, December 20, 2022 | Page 111 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 10 Table 2 provides geotechnical recommendations gathered from the geotechnical report (Exhibit 7) and collaboration with Braun. Table 2: Pavement Improvement Recommendations Street Core Reclamation Depth (in) Section Depth (in) Aggregate Base (in) Non-wearing Course Wearing course Reclamation Victoria Curve ST-1 9 - 12 12 8 2" SPWEA330C 2" SPNWA330C ST-2 9 - 12 12 8 2" SPWEA330C 2" SPNWA330C ST-3 9 - 12 12 8 2" SPWEA330C 2" SPNWA330C ST-4 9 - 12 12 8 2" SPWEA330C 2" SPNWA330C ST-5 9 - 12 12 8 2" SPWEA330C 2" SPNWA330C ST-6 9 - 12 12 8 2" SPWEA330C 2" SPNWA330C ST-7 6.5 12 8 2" SPWEA330C 2" SPNWA330C ST-8 6.5 12 8 2" SPWEA330C 2" SPNWA330C Orchard Hill ST-9 10.5 10 6 2" SPWEA330C 2" SPNWA330C ST-10 10.5 10 6 2" SPWEA330C 2" SPNWA330C Trails: A new 8’ bituminous walking trail is recommended on Victoria Curve originating at Hunter Lane heading west to intersection of Trunk Highway 13. This will improve pedestrian safety and mobility in the area and would tie into other regional trails on Lexington Avenue and Trunk Highway 13. The proposed trail would be offset 5’ from the BOC. The width of Victoria Curve would be reduced in this area to provide space for the trail. Trail East of Hunter Lane may be impacted by road width changes to add parking and would be removed and replaced. If the trail location does not need to be adjusted, they could be patched as needed or overlaid. For the purposes of this report it was assumed that these existing trails would be fully removed and replaced. Because the majority of the pedestrian ramps in the area appear to be non-compliant, it is our recommendation that all pedestrian ramps be reconstructed to comply with the most current ADA standards. Where the walking trail approaches an existing pedestrian crossing the trail will be removed 15’- 30’ back to allow for smooth low slope grade transition from the overlay to the pedestrian ramp elevation. Each ramp will be assessed on an individual basis to ensure compliance. Curb and Gutter: Existing curb and gutter will remain in place except for curb that is damaged, settled, or not draining properly. The existing curb will be inspected and marked for removal prior to construction. It is typical to see between 20% to 30% curb replacement for residential and light commercial roadways of this age due to settlement or cracking, however many of the streets appeared to have curb that was in excellent condition. The curb replacement quantities were estimated during a field inspection in November of 2022. Replacement curb would match the existing curb style. Figure 5: Reclaim and curb replacement (City of Mendota Heights Marie Avenue Project 2020) City Council | Tuesday, December 20, 2022 | Page 112 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 11 Curb and gutter on the north side of Victoria Curve would be replaced and shifted south to make space for the new bituminous trail. For the purposes of this report and estimates, the Table 3 describes the curb replacement percentages used for calculation of project costs and scope. Table 3: Curb Replacement Percentage In addition to curb and gutter replacement, deficient residential and commercial driveways will be spot repaired on an as needed basis. Concrete commercial driveways will be replaced with 8” concrete over 6” aggregate base, residential concrete driveways will be replaced with 6” concrete over 6” aggregate base. Commercial bituminous driveways will be replaced with 4” of bituminous over 6” of aggregate base (same bituminous mix as roadway). Residential bituminous driveways will be replaced with 3” of bituminous over 6” of aggregate base. Turf disturbed as a part of the curb and driveway replacement process will be restored with 6” topsoil and commercial turf grade hydroseed in commercial areas and 6” of topsoil and sod in residential areas. Utilities: It is recommended that all the manhole and catch basin rings be replaced as a part of the pavement project. It is typical to re-set all manhole and catch basin grades to match the new grades of the roadway to improve drivability and drainage. In addition to the adjustment rings, outdated and damaged manhole and catch basin casting assemblies will be replaced with modern castings. Storm sewer manholes and catch basins and sanitary manholes will be adjusted with all new concrete rings. Sanitary sewer manholes will be recast with all new concrete rings and infiltration prevention products to limit inflow and infiltration into the sanitary system. Gate valve boxes and curb stop boxes within the project limits will be adjusted under the direction of Saint Paul Regional Water Service (SPRWS). Damaged valve and curb stop boxes will be repaired with new parts according to SPRWS standards. SPRWS also would like to replace 6 inch watermain from Hunter Lane to Glenhill Road. Drainage: Roadway width changes would necessitate the replacement or addition of storm sewer catch basins and pipe. This pipe discharges to the Trunk Highway 62 ditch and stormwater system. Any changes would be coordinated with MNDOT. For Orchard Hill no real storm sewer changes are recommended other than general casting and ring replacement as discussed. Steep Slopes: The slopes along Glenhill Road off Victoria Curve are exceptionally steep making it difficult to mow. This has led to nuisance weed growth and is unsightly. Short modular block retaining wall is proposed in this area and provided in the cost estimate. Resident and Business Input: On October 20, 2022, an informational letter and questionnaire were sent to the 18 business and residential property owners in the Victoria Curve and Orchard Hill project area to inform them of the project. The Curb Replacement Percentage Victoria Curve 70% Orchard Hill 30% Figure 6: Spot curb replacement (City of Mendota Heights Ivy Falls Project 2021) City Council | Tuesday, December 20, 2022 | Page 113 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 12 questionnaires asked several questions including drainage issues, rain gardens, tree issues, and traffic comments. Of the 18 questionnaires sent out, 9 were returned for a rate of 50%. The key issues noted from the questionnaire were pedestrian safety issues (crossing of Lexington Avenue and pedestrians along Victoria Curve. Responses also included localized drainage concerns and traffic safety issues (speeds/sightlines). The letters, questionnaires, and responses (and summary) are shown in Exhibit 2. Project Funding: Estimated costs: The following costs were prepared for the recommended reclamation for both Victoria Curve and Orchard Hill. An Engineer’s Estimates (Exhibit 4) was prepared and is subject to change depending on the final design of the project, required easements and/or right-of-way, soil conditions, bids received, and actual work performed. The cost estimate includes indirect cost for City administration, design engineering, construction engineering, legal support, fiscal support, interest during construction, assessment roll preparation, and contingencies encountered during design and construction. Table 4 provides a summary of the estimated project construction and indirect costs for the reclamation improvements. Table 4: Project Cost Assessment Policy: Per the City’s Assessment Policy, benefiting properties shall be assessed 50% of the street improvement costs. The remaining 50% shall be paid through the Street Capital Improvement Fund. The term of the assessment is proposed to be 10 years for reclamation projects. The interest rate for the term has not yet been set and will be provided as the process moves forward. The interest rate was assumed to be 4.4% for the purpose of this report. Project Total Total Estimated Costs Street Improvements 1,115,915$ Indirect Costs for Street Improvements (20%)* 223,183$ Total Costs for Street Improvements 1,339,097$ Trail Improvements 371,211$ Indirect Costs Trail Improvements (20%)*74,242$ Total Costs for Trail Improvements 445,453$ Storm Sewer Improvements 139,632$ Sanitary Sewer Improvements 4,658$ Water Improvements 5,693$ Total Cost for Utility Improvements 149,983$ St Paul Regional Water Improvements 133,215$ Total Indirect Costs for City (15%)*19,982$ Total Cost for St Paul Regional Water 153,197$ Total Improvement Cost 1,770,324$ Total Indirect Costs for City*317,407$ Total Cost 2,087,731$ Rounded Total Cost 2,090,000$ *Indirect costs include legal, engineering, administration, and finance City Council | Tuesday, December 20, 2022 | Page 114 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 13 The improvements are proposed to be assessed on a unit basis. Assessments would be levied to the benefiting properties as per the Assessment Policy adopted by the Mendota Heights City Council on June 16, 1992, and as amended. See Exhibit 5 for the preliminary assessment roll and Exhibit 6 for the preliminary assessment map. Private streets are considered access points or driveways within the improvement area and are therefore assessed as a part of the project. These properties benefit from the improvement because the property owners use the improved roadways to access their property. The improvement area proposed to be assessed is ever y lot, piece, and parcel within the City limits benefiting from the Victoria Curve and Orchard Hill street improvements, whether abutting or not, within the following described areas located within Section 27, Township 28N, Range 23W, as described on the following plats: · Victoria Curve o Beth Jacobs Synagogue o Burns Heights o Valley View Oak Second Addition · Orchard Hill o Swanson’s Second Addition Assessment Calculation and Estimation: The number of units on Orchard Hill is normal for the street length, however the number of units along Victoria Curve is abnormally low because Trunk Highway 62 abuts the south frontage. In addition, the north frontage of Victoria Curve includes un-assessable property including steep slopes, drainage areas, and City of Mendota property. In these areas, a unit count was added and assigned to the City. This normalized the assessment rate. The assessable amount is divided by the number of units. For those properties that are sub-dividable, more units may be assigned based on the City Land Use Code (100 linear feet of frontage and 15,000 square feet of area). The preliminary assessment calculation is derived from taking the overall assessable project costs, multiplying by 50%, and then dividing by the number of units within the project area (including City assigned units). The number of units are shown in the preliminary assessment roll and includes a total of 88 Units. Table 5 displays the assessment calculation and estimation. Table 5: Assessment Calculation Funding Sources: Funding sources for this project are proposed to come from municipal levy, assessments, State Aid, and utility funds. Table 6 summarizes the funding sources. Assessment Calculation Total Total Project Cost 2,087,731$ Assessable Amount 1,339,097$ Assessment Amount (50% of Assessable Amount)669,549$ Total Units - Residential*29 Assessment - Residential 220,646.74$ Total Units - City of Mendota Heights*59 City Assigned Assessment Amount 448,901.98$ Total Units 88 Unit Assessment (Assessable amount/ XX Units)7,608.51$ Total Assessment Amount 7,609$ *1 unit = 100 frontage feet Figure 7: Victoria Curve at TH 13” City Council | Tuesday, December 20, 2022 | Page 115 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 14 Table 6: Project Funding The total project cost is estimated at $2,087,731. It is presumed that the City would secure bonding for the Municipal Levy and Assessment portions of the project ($1,034,551). The assessment amount of $220,647 is equivalent to 21.3% of the bond amount. Minnesota Statutes Chapter 429 Special Assessment Bond Issue requires that a minimum of 20% of the total bond issue amount be recovered through special assessments. Preliminary Project Schedule: Table 7 outlines a project schedule to substantially complete the assessable project in 2023. Table 7: Preliminary Project Schedule Activity Date Authorize Preparation of Feasibility Report August 16, 2022 Accept Feasibility Report December, 2022 Neighborhood Meeting January, 2023 Public Hearing / Order Improvements January, 2023 Accept Plans and Specifications and Authorize Bidding March, 2023 Award Contract April, 2023 Commencement of Construction May/June, 2023 Substantial Completion of Construction September, 2023 Assessment Hearing / Certify Assessments to County October, 2023 Warranty Inspection June, 2024 Conclusion and Recommendation: The recommended street improvements will produce a uniform and stable, long lasting roadway for the residents and businesses of Mendota Heights as well as reduce maintenance time and cost while also increasing roadway longevity. The total estimated cost of the recommended improvements is $2,087,731. A portion of this project is proposed to be assessed to the benefiting property owners and the remainder through other funding sources. In accordance with the City’s Assessment policy, the preliminary assessment for the recommended improvement is calculated at $7,609 per unit. As the project is designed and competitively bid, the calculated assessment amount will be updated leading up to the adoption of the assessment roll. The improvements are necessary to allow for safe and reliable street and utility services within the City of Mendota Heights. The project will be competitively bid to allow for a cost effective improvement. The feasibility study has provided an overall analysis of the feasible improvements for consideration within this project area. Therefore, the proposed improvements within the areas outlined in this report are necessary, cost effective, and feasible from an engineering standpoint. Funding Source Project Total Municipal Levy 365,002$ City Assessment (Municipal Levy)448,902$ Total Municipal Levy 813,904$ Resident and Business Assessment (50%)220,647$ State Aid Funding 750,000$ Utility Fund – Storm Sewer 139,632$ Utility Fund – Sanitary Sewer Fund 4,658$ Utility Fund – Water Fund 5,693$ St Paul Regional Water Fund 153,197$ Total $ 2,087,731 City Council | Tuesday, December 20, 2022 | Page 116 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 15 EXHIBIT 1: Street Improvement Plan City Council | Tuesday, December 20, 2022 | Page 117 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 18 EXHIBIT 2: Resident and Business Input City Council | Tuesday, December 20, 2022 | Page 118 of 156 QUESTIONNAIRE RESPONSESCITY OF MENDOTA HEIGHTSPROJECT:VICTORIA CURVE IMPROVEMENTSQuestionnaire Date: 11/19/2021Questionnaires Sent Out: 209 returned by the post officePROJECT #: 20304000Questionnaire Due Date: 11/4/2022Questionnaires Returned: 9Last Questionnaire Received: 11/4/2022Percent Returned: 45%General InformationDrainage and Erosion IssuesRain Gardens Private Underground UtilitiesTree IssuesOther Issues/Access Needs/Delivery SchedulesMap drawnAddressReturned SurveyWater in basement? On site or parking areas?Do you have any of the following? How Long? How FarWhere from House?Damage or Nuisance?Describe specific drainage or erosion problems in your neighborhood.If feasible, would you like a rain garden in your yard?Irrigation Sys. in ROW?Pet Containment Sys. in ROW?Other Private Utilities in ROW?Do you have a trees in the ROW you would like removed?Does your neighborhood have any pedestrian or traffic issues?Describe specific pedestrian or traffic issues in your neighborhood.Describe other issues or concerns in your neighborhood.Yes NoBasement drain tileSump Pump None Yes NoYes No Maybe Yes No Yes No Yes No Yes No Yes No1849 ORCHARD HILL11 1 1111850 ORCHARD HILL1851 ORCHARD HILL1853 ORCHARD HILL1111111 11 1ORCHARD HILL CROSSING @ LEXINGTON IS A BLIND INTERSECTION, TRAFFIC COMING MAY NOT SEE PEDESTRIANS CROSSING TO WALKING PATH. EXSESSIVE SPEEDING IS A HUGE ISSUE THEY UNDERSTAND RESURFACING IS THE ISSUE, BUT THINK IT DOESN’T NEED TO BE RE DONE AT THIS TIME. 1854 ORCHARD HILL11 1 1111 1 1111855 ORCHARD HILL1858 ORCHARD HILL1 11111 1 11 1NEED ACCESS TO CROSS LEXINGTON @ ORCHARD OR MARIE, EXCESSIVE SPEEDING 1115 ELWAY ST UNIT 30913120 132ND ST W111WANTS TO BUILD A HOUSE ON THE PROPERTY FOR THE LAST 2 YEARS, RUNOFF GOES DOWN HILL TO MENDOTA 11 1 111BIKE PATH WOULD BE NICE TO HAVE AS IT IS ALREADY ON A ROUTE. 1941 GLENHILL RD 1101 VICTORIA CURVE1179 VICTORIA CURVE1181 VICTORIA CURVE1193 VICTORIA CURVE1111111111203 VICTORIA CURVE1217 VICTORIA CURVE11 1 1111 1 1111215 VICTORIA CURVE1 11 11DAYS/WEEKPINE TREES BY ROADDAMAGE TO TREES SIGNIFICANT MOISTURE IN BASEMENT N/A 1111 1SYNAGOGUE PARKING ISSUES, LOTS OF BIKE TRAFFIC DON’T THINK A SIDEWALK IS NECESSARY IF THEY HAVE TO PAY FOR IT AND MAINTAIN IT IF ITS NOT ON THEIR PROPERTYY8754 PHEASANT RUN RD1219 VICTORIA CURVE111 1 LESS THEN 24HRS OVER 15' 15' EAST OF THE HOUSE AND SOUTH OF WALKWAY TO GARAGE HAVE HAD SOME CRACKING IN CONCRETE DUE TO FREEZE/THAW11 1 11 1EXCESSIVE SPEED ON FRONTAGE ROAD. HARD TO SEE PEDESTRIANS ON GLENHILL RD BY CURVE SOUTH SIDE OF PROPERTY LOOKS TERRIBLE. THE CITY CANT MOW BECAUSE THE SLOPE IS TOO STEEP AND CANT DO ANYTHING WITH IT. WOULD LIKE TO GET USE OF THE UPPER PART OF THE PROPERTY BACK. BELIEVES GLENHILL SHOULD HAVE BEEN A CUL-DE-SAC. HARD FOR PLOWS, CARS DRIVE TOO FAST IN WINTER END UP IN THE BLVD, PEDESTRIANS ARE VERY HARD TO SEE.Y1329 VICTORIA CURVEReturned927454252602706270844Percent of Returned Responses*100%22%78%44%56%44%22%56%22%67%0%22%78%0%67%22%78%0%89%44%44%2Percent of Questionnaires Sent Out*45%10%35%20%25%20%10%25%10%30%0%10%35%0%30%10%35%0%40%20%20%* Percentages are based on responses of returned questionnaires and may not equal 100% if questions were not answered on questionnaire.Does water stand in your yard after big storms?Page 1 of 1City Council | Tuesday, December 20, 2022 | Page 119 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 45 EXHIBIT 3 Typical Cross Sections City Council | Tuesday, December 20, 2022 | Page 120 of 156 11' LANE11' LANE8' TRAILEXISTING TRAIL ONVICTORIA CURVE2"%2"%8'-35' BLVDEXISTING B618CURB AND GUTTEREXISTING B618CURB AND GUTTER8' TRAIL12' LANE12' LANE2"%2"%EXISTING TRAIL ONVICTORIA CURVE10'-20' BLVDEXISTING VICTORIA CURVE - LEXINGTON TO BASEBALL FIELDEXISTING VICTORIA CURVE - CITY HALL TO SYNAGOGUE PROPERTYVICTORIA CURVE AND ORCHARDHILL TYPICAL SECTIONSCity Council | Tuesday, December 20, 2022 | Page 121 of 156 11' LANE11' LANE2"%2"%EXISTING B618CURB AND GUTTER8' TRAILEXISTING TRAIL ONVICTORIA CURVE12' LANE12' LANE2"%2"%8' TRAILEXISTING TRAIL ONVICTORIA CURVEEXISTING VICTORIA CURVE - BASEBALL FIELD TO SYNAGOGUE ENTRANCE (EAST)EXISTING VICTORIA CURVE - SYNAGOGUE ENTRANCE (EAST) TO HUNTER LANECity Council | Tuesday, December 20, 2022 | Page 122 of 156 12' LANE12' LANE2"%2"%EXISTING B618CURB AND GUTTER6' PAVEDSHOULDER6' PAVEDSHOULDEREXISTING B618CURB AND GUTTER12' LANE12' LANE2"%2"%EXISTING B618CURB AND GUTTER6' PAVEDSHOULDER6' PAVEDSHOULDEREXISTING VICTORIA CURVE - HUNTER LANE TO 1215 VICTORIA CURVEEXISTING VICTORIA CURVE - 1215 VICTORIA CURVE TO CSAH 13City Council | Tuesday, December 20, 2022 | Page 123 of 156 EXISTING B618CURB AND GUTTER12' LANE12' LANE2"%2"%EXISTING B618CURB AND GUTTERPROPOSED B618CURB AND GUTTER12' LANE12' LANE2"%2"%PROPOSED B618CURB AND GUTTEREXISTING ORCHARD HILLPROPOSED ORCHARD HILLCity Council | Tuesday, December 20, 2022 | Page 124 of 156 PROPOSED B618CURB AND GUTTER12.5' LANE12.5' LANE2"%2"%PROPOSED B618CURB AND GUTTER28' ROAD WIDTH8' TRAIL4 %4 %5' BLVDPROPOSED B618PROPOSED B618CURB AND GUTTER11' LANE12.5' LANE2"%2"%PROPOSED B618CURB AND GUTTER35.5' ROAD WIDTH8' TRAIL4 %4 %5' BLVD9' PARKING STALL2"%PROPOSED VICTORIA CURVEPROPOSED VICTORIA CURVECity Council | Tuesday, December 20, 2022 | Page 125 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 45 EXHIBIT 4 Engineer’s Estimate City Council | Tuesday, December 20, 2022 | Page 126 of 156 GENERAL 1 MOBILIZATION LUMP SUM 60,000.00$ 1 60,000.00$ STREET 2 REMOVE SIGN TYPE C EACH 50.00$ 24 1,200.00$ STREET 5 SAWING BIT PAVEMENT (FULL DEPTH)LIN FT 3.00$ 200 600.00$ STREET 6 SAWING CONCRETE PAVEMENT (FULL DEPTH)LIN FT 6.00$ 200 1,200.00$ STORM 8 REMOVE SEWER PIPE (STORM)LIN FT 25.00$ 20 500.00$ STREET 9 REMOVE CURB AND GUTTER LIN FT 6.00$ 3400 20,400.00$ STREET 10 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 5.50$ 730 4,015.00$ STREET 11 REMOVE CONCRETE WALK SQ YD 10.00$ 200 2,000.00$ STREET 12 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD 8.00$ 32 256.00$ STREET 13 REMOVE BITUMINOUS WALK SQ FT 1.25$ 11200 14,000.00$ WATER 14 REMOVE HYDRANT EACH 650.00$ 1 650.00$ WATER 15 REMOVE WATERMAIN SQ FT 10.50$ 600 6,300.00$ STREET 16 REMOVE MAILBOX EACH 100.00$ 4 400.00$ TRAIL 17 REMOVE GUARDRAIL LIN FT 20.00$ 700 14,000.00$ STREET 18 MODULAR BLOCK RETAINING WALL SQ FT 50.00$ 2000 100,000.00$ STREET 19 RETAINING WALL BASE CU YD 30.00$ 450 13,500.00$ TRAIL 20 GUARDRAIL LIN FT 140.00$ 700 98,000.00$ TRAIL 21 FENCE DESIGN SPECIAL LIN FT 100.00$ 700 70,000.00$ STREET 22 GEOTEXTILE FABRIC TYPE 5 SQ YD 2.20$ 1500 3,300.00$ WATER 23 DEWATERING LUMP SUM 5,000.00$ 1 5,000.00$ STREET 24 COMMON EXCAVATION CU YD 20.00$ 2150 43,000.00$ STREET 25 COMMON EMBANKMENT CU YD 20.00$ 1000 20,000.00$ STREET 26 SUBGRADE EXCAVATION CU YD 20.00$ 235 4,700.00$ STREET 27 1" CRUSHED ROCK (CLEAR)TON 60.00$ 220 13,200.00$ STREET 28 BASE PREPARATION ROAD STA 800.00$ 45 36,000.00$ STREET 29 STREET SWEEPER (WITH PICKUP BROOM)HOUR 200.00$ 36 7,200.00$ STREET 30 1.5 CU YD BACKHOE HOUR 150.00$ 24 3,600.00$ STREET 31 WATER M GALLON 55.00$ 110 6,050.00$ STREET / TRAIL 32 AGGREGATE BASE (CV) CLASS 5 TON 20.00$ 2020 40,400.00$ STREET 33 SHOULDER BASE AGGREGATE SPECIAL TON 20.00$ 225 4,500.00$ STREET 34 FULL DEPTH RECLAMATION SQ YD 3.00$ 13868 41,604.00$ STREET 35 DRILL & GROUT REINF BAR (EPOXY COATED)EACH 25.00$ 100 2,500.00$ STREET 36 TYPE SP 9.5 WEARING COURSE MIXTURE (3,C)TON 100.00$ 1673 167,312.50$ STREET 37 TYPE SP 9.5 WEARING COURSE MIXTURE (3,C) FOR DRIVEWAY PATCHING TON 150.00$ 20 3,000.00$ STREET 38 TYPE SP 9.5 NON-WEARING COURSE MIXTURE (3,C)TON 80.00$ 1673 133,850.00$ TRAIL 39 TYPE SP 4.75 WEARING COURSE MIXTURE (2,B)TON 150.00$ 429 64,350.00$ STORM 40 24" RC SAFETY APRON EACH 3,500.00$ 2 7,000.00$ STORM 41 24" RCP PIPE CULVERT CLASS III LIN FT 150.00$ 500 75,000.00$ STORM 42 RANDOM RIP RAP CLASS III TON 70.00$ 20 1,400.00$ WATER 43 ADJUST VALVE BOX EACH 500.00$ 8 4,000.00$ WATER 44 REPAIR VALVE BOX EACH 750.00$ 2 1,500.00$ STORM 45 CONNECT TO EXISTING STORM SEWER EACH 1,000.00$ 6 6,000.00$ STORM 46 CONNECT TO EXISTING DRAINAGE STRUCTURE EACH 1,000.00$ 2 2,000.00$ STORM 47 CONSTRUCT DRAINAGE STRUCTURE EACH 3,500.00$ 11 38,500.00$ SAN/STORM 48 ADJUST FRAME & RING CASTING EACH 600.00$ 15 9,000.00$ WATER 49 2" INSULATION SQ YD 40.00$ 60 2,400.00$ WATER 50 CONNECT TO EXISTING WATERMAIN EACH 2,500.00$ 2 5,000.00$ WATER 51 WATERMAIN LIN FT 120.00$ 600 72,000.00$ WATER 52 HYDRANT EACH 6,600.00$ 1 6,600.00$ WATER 53 GATE VALVE EACH 3,000.00$ 2 6,000.00$ WATER 54 COPPER WATER SERVICE PIPE LIN FT 75.00$ 100 7,500.00$ WATER 55 1" CURB STOP EACH 650.00$ 5 3,250.00$ WATER 56 CORPORATION STOP EACH 800.00$ 5 4,000.00$ WATER 57 DUCTILE IRON FITTINGS LB 25.00$ 400 10,000.00$ TRAIL 58 6" CONCRETE WALK SQ FT 14.50$ 2560 37,120.00$ STREET 59 6" CONCRETE DRIVEWAY PAVEMENT SQ FT 14.50$ 574 8,323.00$ TRAIL 60 8" CONCRETE DRIVEWAY PAVEMENT SQ FT 20.00$ 1500 30,000.00$ STREET 61 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 40.00$ 5950 238,000.00$ TRAIL 62 TRUNCATED DOMES SQ FT 85.00$ 256 21,760.00$ STREET 63 INSTALL MAIL BOX EACH 200.00$ 4 800.00$ STREET 64 TRAFFIC CONTROL LUMP SUM 15,000.00$ 1 15,000.00$ STREET 65 SIGN TYPE C SQ FT 50.00$ 96 4,800.00$ STREET 66 STABILIZED CONSTRUCTION EXIT LUMP SUM 5,000.00$ 3 15,000.00$ STREET 67 STORM DRAIN INLET PROTECTION EACH 200.00$ 19 3,800.00$ STREET 68 SEDIMENT CONTROL LOG TYPE COMPOST LIN FT 3.50$ 5100 17,850.00$ STREET 69 RAPID STABILIZATION METHOD 3 ACRE 4,000.00$ 0.275 1,100.00$ STREET 70 FERTILIZER TYPE 3 LB 2.00$ 220 440.00$ STREET 71 COMMON TOPSOIL BORROW CU YD 40.00$ 1783 71,333.33$ STREET 72 SEEDING ACRE 4,000.00$ 1.1 4,400.00$ STREET 73 SEED MIXTURE 25-151 POUND 8.00$ 220 1,760.00$ STREET 74 HYDRAULIC STABILIZED FIBER MATRIX POUND 2.50$ 3080 7,700.00$ STREET 75 4" SOLID LINE MULTI COMPONENT LIN FT 2.00$ 7800 15,600.00$ STREET 76 4" DOUBLE SOLID LINE MULTI COMPONENT LIN FT 2.00$ 3900 7,800.00$ 1,770,323.83$ RECLAMATION TOTAL RECLAMATION UNIT COST TOTAL QUANTITIESUNITS TOTAL COSTDESCRIPTION City Council | Tuesday, December 20, 2022 | Page 127 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 47 EXHIBIT 5 Preliminary Assessment Rolls City Council | Tuesday, December 20, 2022 | Page 128 of 156 Victoria Curve and Orchard Hill Street Improvements Preliminary Assessment RollTotal Project Cost2,087,731$ Assessable Amount1,339,097$ Assessment (50% of Assessable Amount)669,549$ Residential unit assessments (units) 29City Assessments (units) 59Residential unit rate 7,609$ Interest rate 4.4% (2022)Term10Initial year2024NUMBER ADDRESSPARCEL ID NUMBERLEGAL DESCRIPTION PROPERTY OWNER JOINT OWNER OWNER ADDRESS CITY AND ZIPCONSTRUCTION TYPENUMBER OF UNITSUNIT ASSESSMENT RATETOTAL ASSESSMENT AMOUNT11849 ORCHARD HL277360101040SWANSONS 2ND ADDITIONMARY MILLER TSTE KELLY1849 ORCHARD HLMENDOTA HEIGHTS MN 55118RECLAMATION17,609.00$ 7,609.00$ 21850 ORCHARD HILL277360101030SWANSONS 2ND ADDITIONMARTIN H & KAROLE K ABELOVITZ1850 ORCHARD HILLMENDOTA HEIGHTS MN 55118RECLAMATION17,609.00$ 7,609.00$ 31851 ORCHARD HL277360101050SWANSONS 2ND ADDITIONGREGG M CUMMINGSELIZABETH CUMMINGS1851 ORCHARD HLMENDOTA HEIGHTS MN 55118RECLAMATION17,609.00$ 7,609.00$ 41853 ORCHARD HILL277360101060SWANSONS 2ND ADDITIONBRIAN J & MARGARET C REAGAN1853 ORCHARD HILLMENDOTA HEIGHTS MN 55118-4168RECLAMATION17,609.00$ 7,609.00$ 51854 ORCHARD HILL277360101020SWANSONS 2ND ADDITIONBRIAN J & LUANN E TACKE1854 ORCHARD HILLMENDOTA HEIGHTS MN 55118-4168RECLAMATION17,609.00$ 7,609.00$ 61855 ORCHARD HILL277360101070SWANSONS 2ND ADDITIONSTEPHEN R & SUSAN K DAHL1855 ORCHARD HILLMENDOTA HEIGHTS MN 55118-4168RECLAMATION17,609.00$ 7,609.00$ 71858 ORCHARD HILL RD277360101010SWANSONS 2ND ADDITIONERIN PASH1858 ORCHARD HILL RDMENDOTA HEIGHTS MN 55118RECLAMATION17,609.00$ 7,609.00$ 81861 LEXINGTON AVE270270002041SECTION 27 TWN 28 RANGE 23STEPHEN TSTE ROLFLINDA TSTE MONTANA1115 ELWAY ST UNIT 309SAINT PAUL MN 55116RECLAMATION37,609.00$ 22,827.00$ 91941 GLENHILL RD278125100010VALLEY VIEW OAK 2ND ADDLAWRENCE J TSTE CULLIGANMARY M TSTE CULLIGAN1941 GLENHILL RDSAINT PAUL MN 55118RECLAMATION37,609.00$ 22,827.00$ 101179 VICTORIA CURVE271370001010BETH JACOB SYNAGOGUEBETH JACOB CONGREGATION1179 VICTORIA CURVMENDOTA HEIGHTS MN 55118-4106RECLAMATION37,609.00$ 22,827.00$ 111193 VICTORIA CURVE271560000052BURNS HEIGHTSCOREY SKELTON1193 VICTORIA CURVMENDOTA HEIGHTS MN 55118RECLAMATION17,609.00$ 7,609.00$ 121203 VICTORIA CURVE271560000040BURNS HEIGHTSLARRY & GINA ALEXANDER1203 VICTORIA CURVMENDOTA HEIGHTS MN 55118RECLAMATION17,609.00$ 7,609.00$ 131215 VICTORIA CURVE271560000030BURNS HEIGHTSGREGORY A & EDITH M BOLIN1215 VICTORIA CURVSAINT PAUL MN 55118-4107RECLAMATION17,609.00$ 7,609.00$ 141217 VICTORIA CURVE271560000022BURNS HEIGHTSVINH TRUONG8754 PHEASANT RUN RDWOODBURY MN 55125RECLAMATION17,609.00$ 7,609.00$ 151219 VICTORIA CURVE271560000012BURNS HEIGHTSLYNN E BUROW1219 VICTORIA CURVSAINT PAUL MN 55118-4107RECLAMATION17,609.00$ 7,609.00$ 161101 VICTORIA CURVE270270004020SECTION 27 TWN 28 RANGE 23CITY OF MENDOTA HEIGHTS1101 VICTORIA CURVSAINT PAUL MN 55118-4167RECLAMATION77,609.00$ 53,263.00$ 17271370000010BETH JACOB SYNAGOGUECITY OF MENDOTA HEIGHTS1101 VICTORIA CURVSAINT PAUL MN 55118-4167RECLAMATION17,609.00$ 7,609.00$ 18TH 62 Right of Way0SECTION 27 TWN 28 RANGE 23CITY OF MENDOTA HEIGHTS1101 VICTORIA CURVSAINT PAUL MN 55118-4167RECLAMATION597,609.00$ 448,931.00$ TOTAL88669,592.00$ City Council | Tuesday, December 20, 2022 | Page 129 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 49 EXHIBIT 6 Assessment Maps City Council | Tuesday, December 20, 2022 | Page 130 of 156 City Council | Tuesday, December 20, 2022 | Page 131 of 156 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 51 EXHIBIT 7 Geotechnical Report and Soil Borings City Council | Tuesday, December 20, 2022 | Page 132 of 156 Geotechnical Evaluation Report Victoria Curve Street Improvements Victoria Curve from TH 13 to Lexington Avenue Mendota Heights, Minnesota Prepared for TKDA Professional Certification: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Kevin S. Zalec, PE Senior Engineer License Number: 47909 November 23, 2022 Project B2209688 Braun Intertec Corporation City Council | Tuesday, December 20, 2022 | Page 133 of 156 AA/EOE Braun Intertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438 Phone: 952.995.2000 Fax: 952.995.2020 Web: braunintertec.com November 23, 2022 Project B2209688 Larry Poppler, PE TKDA 444 Cedar Street, Suite 1500 St. Paul, MN 55101 Re: Geotechnical Evaluation Victoria Curve Street Improvements Victoria Curve from TH 13 to Lexington Avenue Mendota Heights, Minnesota Dear Mr. Poppler: We are pleased to present this Geotechnical Evaluation Report for the Victoria Curve Street Improvements project. Thank you for making Braun Intertec your geotechnical consultant for this project. If you have questions about this report, or if there are other services that we can provide in support of our work to date, please contact Kevin Zalec at 952.995.2223 (kzalec@braunintertec.com). Sincerely, BRAUN INTERTEC CORPORATION Zachary T. Semlak Staff Engineer Kevin S. Zalec, PE Senior Engineer City Council | Tuesday, December 20, 2022 | Page 134 of 156 Table of Contents Description Page A. Introduction ...................................................................................................................................... 1 A.1. Project Description .............................................................................................................. 1 A.2. Site Conditions..................................................................................................................... 2 A.3. Purpose ................................................................................................................................ 3 A.4. Background Information and Reference Documents .......................................................... 4 A.5. Scope of Services ................................................................................................................. 4 B. Results .............................................................................................................................................. 5 B.1. Geologic Overview .............................................................................................................. 5 B.2. Boring Results ...................................................................................................................... 6 B.3. Groundwater ....................................................................................................................... 8 B.4. Laboratory Test Results ....................................................................................................... 8 B.4.a. Moisture Contents ................................................................................................. 8 B.4.b. Percent Passing the #200 Sieve Tests .................................................................... 8 B.4.c. Organic Contents .................................................................................................... 9 B.4.d. Corrosivity Tests ..................................................................................................... 9 C. Recommendations ......................................................................................................................... 10 C.1. Design and Construction Discussion ................................................................................. 10 C.1.a. Rehabilitation Method ......................................................................................... 10 C.1.b. Pavement Reclamation ........................................................................................ 10 C.1.c. Pavement Subgrade Soil Reuse ............................................................................ 11 C.1.d. Utilities ................................................................................................................. 11 C.1.e. Corrosion Potential .............................................................................................. 11 C.1.f. Groundwater ........................................................................................................ 11 C.1.g. Construction Disturbance..................................................................................... 11 C.2. Utility Replacement ........................................................................................................... 12 C.2.a. Excavation Oversizing ........................................................................................... 12 C.2.b. Utility Subgrade Stabilization ............................................................................... 12 C.2.c. Excavated Slopes .................................................................................................. 12 C.2.d. Corrosion Potential .............................................................................................. 12 C.2.e. Engineered Fill Materials and Compaction .......................................................... 12 C.3. Subgrade Preparation ....................................................................................................... 13 C.3.a. Pavement Subgrade Preparation ......................................................................... 13 C.3.b. Pavement Subgrade Test Roll ............................................................................... 14 C.3.c. Design Sections .................................................................................................... 14 C.3.d. Pavement Materials Placement ........................................................................... 15 C.3.e. Performance and Maintenance ........................................................................... 16 D. Procedures...................................................................................................................................... 16 D.1. Penetration Test Borings ................................................................................................... 16 D.2. Pavement Cores ................................................................................................................ 16 D.3. Exploration Logs ................................................................................................................ 17 D.3.a. Log of Boring Sheets ............................................................................................. 17 D.3.b. Geologic Origins ................................................................................................... 17 D.4. Material Classification and Testing ................................................................................... 17 D.4.a. Visual and Manual Classification .......................................................................... 17 D.4.b. Laboratory Testing ............................................................................................... 17 City Council | Tuesday, December 20, 2022 | Page 135 of 156 Table of Contents (continued) Description Page D.5. Groundwater Measurements ............................................................................................ 18 E. Qualifications .................................................................................................................................. 18 E.1. Variations in Subsurface Conditions .................................................................................. 18 E.1.a. Material Strata ..................................................................................................... 18 E.1.b. Groundwater Levels ............................................................................................. 18 E.2. Continuity of Professional Responsibility .......................................................................... 19 E.2.a. Plan Review .......................................................................................................... 19 E.2.b. Construction Observations and Testing ............................................................... 19 E.3. Use of Report..................................................................................................................... 19 E.4. Standard of Care ................................................................................................................ 19 Appendix Soil Boring Location Sketch Log of Boring Sheets ST-1 to ST-10 Descriptive Terminology of Soil MnPAVE-Flexible 10-ton Design Pavement Core Photo Log (5 pages) Project X Corrosion Test Result Report City Council | Tuesday, December 20, 2022 | Page 136 of 156 A. Introduction A.1. Project Description This Geotechnical Evaluation Report addresses the proposed design and construction of the Victoria Curve Street Improvements project, located on Victoria Curve from Trunk Highway (TH) 13 to Lexington Avenue, and on the Orchard Hill cul-de-sac west of Lexington Avenue in Mendota Heights, Minnesota. The project will consist of reclamation of the existing pavement surface, curb and gutter repair, storm sewer repair, and new bituminous surfacing. We understand the St. Paul Regional Water Service (SPRWS) may replace watermain on Victoria Curve between Glenhill Road and Hunter Lane. Victoria Curve is designated as Municipal State-Aid Street (MSAS) 117. We anticipate Victoria Curve will be constructed as a 10-ton design, and Orchard Hill as a 7-ton design. Table 1. Site Aspects Aspect Description Pavement type(s) Bituminous (Assumed based on existing pavements) Assumed pavement loads Less than 100,000 Bituminous ESALs* (Estimated from publicly available traffic information using the MnDOT State Aid ESAL Forecast Calculator) Grade changes Minimal (Assumed; profiles and cross-sections not available at the time of this report) *Equivalent 18,000-lb single axle loads based on 20-year design. We have described our understanding of the proposed construction and site to the extent others reported it to us. Depending on the extent of available information, we may have made assumptions based on our experience with similar projects. If we have not correctly recorded or interpreted the project details, the project team should notify us. New or changed information could require additional evaluation, analyses and/or recommendations. City Council | Tuesday, December 20, 2022 | Page 137 of 156 TKDA Project B2209688 November 23, 2022 Page 2 A.2. Site Conditions Victoria Curve is a two-lane, bituminous-paved roadway aligned east-west north of and parallel to TH 62 between TH 13 and Lexington Avenue. The Mendota Heights City Hall is located on Victoria Curve at the intersection with Lexington Avenue. Several single-family residences are located on the north side of Victoria Curve. Based on 2022 Google Maps Street View imagery of Victoria Curve, the majority of the roadway surface appears to be in poor condition. Photograph 1 shows numerous patches along the pavement, with high severity longitudinal, transverse, block, and fatigue cracking. Fatigue cracking is largely associated with over-loading of the weak pavement and block cracking is often associated with aged pavements. Photograph 1. Street View of Victoria Curve at Beth Jacob Synagogue Photograph taken from Google Maps, dated April 2022. City Council | Tuesday, December 20, 2022 | Page 138 of 156 TKDA Project B2209688 November 23, 2022 Page 3 Photograph 2 shows a representation alligator cracking present along portions of Victoria Curve. The roadway appears to be experiencing fatigue and block cracking along with medium to high severity longitudinal and transverse cracking. Photograph 2. Street View of Victoria Curve, approximately 1,000 Feet W of Glenhill Road Photograph taken from Google Maps, dated April 2022. Orchard Hill is a bituminous-paved cul-de-sac located within a residential neighborhood north of Victoria Curve and west of Lexington Avenue. According to MnTOPO, current grades along Victoria Curve range from about an elevation of 865 1/2 feet to 918 feet near the intersection with Lexington Avenue. Generally, the roadway is downward sloping, from east to west. A.3. Purpose The purpose of our geotechnical evaluation was to characterize subsurface geologic conditions at selected exploration locations, evaluate their impact on the project, and provide geotechnical recommendations for the design and construction of the proposed street rehabilitation project. City Council | Tuesday, December 20, 2022 | Page 139 of 156 TKDA Project B2209688 November 23, 2022 Page 4 A.4. Background Information and Reference Documents We reviewed the following information: Request for Proposals prepared by the City of Mendota Heights, received August 23, 2022. Map M178, Surficial Geology of the Twin Cities Metropolitan Area prepared by the Minnesota Geological Survey, dated 2007. Traffic data available via the Minnesota Department of Transportation (MnDOT) Traffic Mapping Application, http://www.dot.state.mn.us/traffic/data/tma.html. MnTOPO Web Mapping Application available via the Minnesota Department of Natural Resources, http://arcgis.dnr.state.mn.us/maps/mntopo/. Communications with Larry Poppler at TKDA regarding the project rehabilitation methods. A.5. Scope of Services We performed our scope of services for the project in accordance with our Revised Proposal QTB164588 to TKDA, dated September 14, 2022, and authorized on September 23, 2022. The following list describes the geotechnical tasks completed in accordance with our authorized scope of services. Reviewing the background information and reference documents previously cited. Staking and clearing the exploration location of underground utilities. In consultation with TKDA, we selected and staked the exploration locations. We acquired the surface elevations and locations with GPS technology using the State of Minnesota’s permanent GPS base station network. The Soil Boring Location Sketch included in the Appendix shows the approximate locations of the borings. Performing 10 standard penetration test (SPT) borings, denoted as ST-1 to ST-10, to nominal depths of 5 feet below grade, with pavement cores and shallow hand augers to determine the pavement section thickness at each location. Upon request of SPRWS, we extended two borings (ST-5 and ST-6) to nominal depths of 10 feet below grade for watermain utility City Council | Tuesday, December 20, 2022 | Page 140 of 156 TKDA Project B2209688 November 23, 2022 Page 5 replacement. Utilities were not marked at Borings ST-9 and ST-10 during our drill rig mobilization. For these locations, we extended our hand auger borings to a depth of 5 feet below existing grade. Performing laboratory testing on select samples to aid in soil classification and engineering analysis. At the request of SPRWS, two samples from Borings ST-5 and ST-6 were submitted for a suite of corrosion susceptibility tests. Preparing this report containing a boring location sketch, logs of soil borings, a summary of the soils encountered, results of laboratory tests, and recommendations for utility and pavement subgrade preparation and the design of utilities and pavements. Our scope of services did not include environmental services or testing and our geotechnical personnel performing this evaluation are not trained to provide environmental services or testing. We can provide environmental services or testing at your request. B. Results B.1. Geologic Overview A review of the referenced geologic map indicates the project area is generally underlain by glacial outwash over till associated with the Superior Lobe (Map Unit “Qno”). A portion of Victoria Curve is underlain with Twin Cities Member glacial till (Map Unit “Qnd”) associated with the Des Moines Lobe, comprised of lean clay and sandy lean clay with cobbles and boulders. An area of organic swamp deposits (Map Unit “Qp”) is noted northwest of the intersection of Lexington Avenue and Victoria Curve. City Council | Tuesday, December 20, 2022 | Page 141 of 156 TKDA Project B2209688 November 23, 2022 Page 6 Figure 1. Surficial Geology Figure extracted from Map M-178, Surficial Geology of the Twin Cities Metropolitan Area. We based the geologic origins used in this report on the soil types, laboratory testing, and available common knowledge of the geological history of the site. Because of the complex depositional history, geologic origins can be difficult to ascertain. We did not perform a detailed investigation of the geologic history for the site. B.2. Boring Results Table 2 provides a summary of the bituminous section thicknesses measured from borings and cores returned to the laboratory. Note that aggregate base was observed and measured in the field by the drill and coring crews. We did not perform gradation analysis on the apparent aggregate base material encountered on Orchard Hill as part of the pavement section and cannot conclusively determine if the encountered material satisfies a particular specification. The aggregate base thicknesses should also be considered approximate, as the transitions between the aggregate base and the underlying subgrade are difficult to discern. Qno Qp Qnd Lexington Avenue Orchard Hill Victoria Curve TH 62 City Council | Tuesday, December 20, 2022 | Page 142 of 156 TKDA Project B2209688 November 23, 2022 Page 7 Table 2. Summary of Pavement Section Thicknesses by Boring/Core Location Roadway Location Bituminous Thickness (inches) Apparent Aggregate Base Thickness (inches) Core Condition Victoria Curve ST-1 10 1/2 Not Encountered Debonding at 3 inches, high deterioration in upper 3 inches ST-2 12 Not Encountered Slight stripping in upper 2 inches ST-3 9 3/4 Not Encountered Low severity stripping throughout ST-4 10 Not Encountered Slight stripping in upper 2 inches ST-5 10 1/4 Not Encountered Good condition ST-6 9 1/4 Not Encountered Good condition ST-7 6 1/2 Not Encountered Low severity stripping throughout ST-8 6 1/2 Not Encountered Good condition Orchard Hill ST-9 4 6 1/2 Moderately to highly deteriorated ST-10 3 7 1/2 Low to moderate severity stripping throughout Table 3 provides a summary of the soil boring results, in the general order we encountered the strata. Please refer to the Log of Boring sheets in the Appendix for additional details. The Descriptive Terminology sheet in the Appendix includes definitions of abbreviations used in Table 3. For simplicity in this report, we define fill to mean existing, uncontrolled or undocumented. City Council | Tuesday, December 20, 2022 | Page 143 of 156 TKDA Project B2209688 November 23, 2022 Page 8 Table 3. Subsurface Profile Summary Strata Soil Type - ASTM Classification Range of Penetration Resistances Commentary and Details Pavement section --- --- Average bituminous thickness on Victoria Curve was about 9 inches with no aggregate base present. Average bituminous thickness on Orchard Hill was about 3 1/2 inches, with about 7 inches of aggregate base. See Table 2 above for details. Fill SP-SM, SM, SC, CL 6 BPF to 80 blows for 10 inches of penetration General penetration resistance of 15 to 30 BPF. Moisture condition generally moist. Extended to depths below existing grade ranging from about 3 feet at Boring ST-1 to the termination depth of 11 feet at Borings ST-5 and ST-6. Glacial Outwash SP 18 to 26 BPF Encountered below the fill at Boring ST-1 only. Moisture condition generally moist. B.3. Groundwater We did not observe groundwater while advancing our borings. Therefore, it appears that groundwater is below the depths explored. Project planning should anticipate seasonal and annual fluctuations of groundwater. B.4. Laboratory Test Results B.4.a. Moisture Contents We performed moisture content (MC) tests (per ASTM D2216) on selected samples to aid in our classifications and estimations of the materials’ engineering properties. The moisture contents for the inorganic soils tested ranged from about 1 to 25 percent, with most moisture contents ranging between 3 to 13 percent. The moisture contents of the organic soils tested ranged from 14 to 31 percent. The Log of Boring Sheets attached in the Appendix present the results of the MC tests in the “MC” column. B.4.b. Percent Passing the #200 Sieve Tests We performed tests to evaluate the percent of particles passing the #200 sieve (P200), per ASTM D1140, to assist in classification and estimate the engineering properties of the granular material. The results of City Council | Tuesday, December 20, 2022 | Page 144 of 156 TKDA Project B2209688 November 23, 2022 Page 9 these tests indicated the soils tested had P200s ranging from about 2 to 99 percent. The poorly-graded sands and poorly-graded sands with silt encountered P200s ranging from about 2 to 7 percent. The Log of Boring sheets list the results of P200 tests in the “Tests or Remarks” column. B.4.c. Organic Contents We performed organic content (OC) tests (per ASTM D2974) on selected samples to determine the reusability of the material for utility trench backfill and pavement design. The organic content of the soils tested ranged from 2 to 6 percent, considered slightly organic to organic by Minnesota Department of Transportation (MnDOT) definitions. The Log of Boring sheets in the Appendix shows the result of the organic content test in the “Tests or Remarks” column. B.4.d. Corrosivity Tests Table 4 presents the results of the laboratory corrosivity tests performed by our corrosion testing subcontractor, Project X Corrosion Engineering. The full test result report is attached in the Appendix. Table 4. Laboratory Corrosivity Test Results Location Sample Depth (ft) pH Total Sulfide as S (mg/kg) Redox Potential (mV) Electrical Resistivity – As Received (ohm-cm) Minimum Electrical Resistivity (ohm-cm) ST-5 6 - 8 8.6 1.38 148 1,675 1,139 The ANSI/AWWA C105/A21.5 standard uses a 10-Point System for corrosion evaluation of soils in contact with iron pipe. Based on the 10-point system and the results of the corrosion testing performed, the tested soil at this site has a corrosivity value of 11. A value of 10 is the threshold for corrosion potential indicating that corrosion protection of iron materials by this standard is not required at these specific locations that were tested. City Council | Tuesday, December 20, 2022 | Page 145 of 156 TKDA Project B2209688 November 23, 2022 Page 10 C. Recommendations C.1. Design and Construction Discussion C.1.a. Rehabilitation Method Based on our soil borings and our pavement cores obtained for the project, we have provided recommendations for rehabilitation methods based on the observed core conditions. A detailed review of the pavement surface conditions and the suitability for mill-and-overlay was not included in our scope of services, and we assume the City has selected these streets for possible mill-and-overlay rehabilitation due to their surface condition. As noted in Section A.2, the pavement surface is generally in poor condition with medium to high severity cracking throughout. The pavement cores indicated debonding of the pavement in the upper 3 to 4 inches, with stripping present through most of the cores. Additionally, no aggregate base was encountered beneath the bituminous on Victoria Curve. Based on the condition of the existing pavements, we recommend the rehabilitation consist of full-depth reclamation (FDR) rather than mill- and-overlay. Use of mill-and-overlay may result in reflective cracking of the pavement left in-place, and likely only have a life-span of about 8 to 10 years before major rehabilitation would be required again. C.1.b. Pavement Reclamation Based on our soil borings, Victoria Curve will consist of between 6 1/2 to 12 inches of bituminous pavement over granular subbase consisting of silty sand or poorly graded sand with silt. For reuse of pavement materials by reclamation, removal, stockpiling, and replacement, we recommend a 9-inch FDR. Based on the measurements from the borings, this generally will avoid subgrade soils through much of the project area; in areas where subgrade may be penetrated due to a thinner pavement section such as near Borings ST-7 and ST-8, we recommend reducing the mill depth to the top of subgrade and excavating to the design depth of the pavement section. Variation of existing pavement depth should be anticipated, which will require adjustments of the reclaim depth. We recommend implementing through quality control practices, including frequent sieve analyses, to achieve a desirable gradation of the reclaimed material. The gradation requirements of MnDOT Specification 2215 (Reclamation) or Specification 3138 (Aggregate for Surface and Base Courses) can be used for the aggregate base; the latter specification’s controls on gradation and asphalt content are City Council | Tuesday, December 20, 2022 | Page 146 of 156 TKDA Project B2209688 November 23, 2022 Page 11 stricter and will generally be more difficult to meet. We suggest that the contractor assume some contingency for importing clean, crushed rock that can be blended with the reclaimed material to improve the uniformity of the resulting gradation prior to reuse as an aggregate base. C.1.c. Pavement Subgrade Soil Reuse Based on the soil boring results, we anticipate the shallow subgrade soils will generally consist of poorly graded sand with silt and less commonly silty sand. Since grade changes are not proposed, the subgrade soils present beneath the existing roads will generally be suitable for pavement support. C.1.d. Utilities The reuse of the utility trench backfill soils will have potential impacts on the pavement subgrades. If the backfill is not properly compacted, there is the potential for subgrade instability and settlement, with premature deterioration of the pavement surface. On this project, we anticipate that most of the trench soils will consist of silty sand, sandy lean clay, and sandy silt that can be readily recompacted. Care should be used to avoid disturbance of the silty soils supporting utilities or impacting the utilities themselves during removals and reconstruction. C.1.e. Corrosion Potential Based on the laboratory corrosivity testing, the soils encountered by the borings are moderately to highly corrosive to metallic conduits, but only marginally corrosive to concrete. We recommend specifying non- corrosive materials or providing corrosion protection. C.1.f. Groundwater Based on the results of the borings, we do not anticipate groundwater will be encountered during construction. Some of the soils, such as the silty and clayey sands, may collect water from precipitation or if water drains to the site. We recommend the contractor remove any water that collects in work areas before performing further work. C.1.g. Construction Disturbance The silty roadway subgrades will be sensitive to disturbance and strength loss if subjected to repeated vehicle traffic. Subexcavation and recompaction or replacement of subgrade soils may be required if they lose strength. City Council | Tuesday, December 20, 2022 | Page 147 of 156 TKDA Project B2209688 November 23, 2022 Page 12 C.2. Utility Replacement C.2.a. Excavation Oversizing When removing unsuitable materials below structures, utilities, or pavements, we recommend the excavation extend outward and downward at a slope of 1H:1V (Horizontal:Vertical) or flatter. C.2.b. Utility Subgrade Stabilization For the proposed watermain replacement, we anticipate the soils at typical invert elevations will be suitable for utility support. However, if construction encounters unfavorable conditions such as soft clay, organic soils or perched water at invert grades, the unsuitable soils may require some additional subcutting and replacement with sand or crushed rock to prepare a proper subgrade for pipe support. C.2.c. Excavated Slopes Based on the borings, we anticipate on-site soils in excavations will consist of a mixture of granular and/or cohesive fills, with granular soils generally overlying cohesive soils in areas of utility replacement. The granular soils are typically considered Type C Soil under OSHA (Occupational Safety and Health Administration) guidelines. OSHA guidelines indicate unsupported excavations in Type C soils should have a gradient no steeper than 1 1/2H:1V. Slopes constructed in this manner may still exhibit surface sloughing. OSHA requires an engineer to evaluate slopes or excavations over 20 feet in depth. An OSHA-approved qualified person should review the soil classification in the field. Excavations must comply with the requirements of OSHA 29 CFR, Part 1926, Subpart P, “Excavations and Trenches.” This document states excavation safety is the responsibility of the contractor. The project specifications should reference these OSHA requirements. C.2.d. Corrosion Potential As noted in section C.1.e., Boring ST-5 at depth encountered soils that appear to be moderately to highly corrosive to metallic conduits and construction should anticipate having to provide corrosion protection for metallic utilities installed within the area. C.2.e. Engineered Fill Materials and Compaction We recommend using suitable, existing on-site soils as backfill material. If imported material is to be used, Table 4 contains our recommendations for engineered fill. Note that similar materials compared to existing should be used. Importing different soils for backfill may create lenses that could trap water. If City Council | Tuesday, December 20, 2022 | Page 148 of 156 TKDA Project B2209688 November 23, 2022 Page 13 longitudinal transitions in soil type are required, we recommend tapering them at a rate of 20H:1V or flatter. Transitions in the transverse direction, such as at intersections, should be at least 4H:1V. Table 4. Recommended Fill and Compaction Specifications* Material Material Specification Compaction Specification Pavements and utility trench fill – within 3 feet of pavement surface Granular Material MnDOT 3149.2B MnDOT 2106.3.G.1 Pavements and utility trench fill – more than 3 feet of pavement surface Select Grading Material MnDOT 2106.1.A.6 MnDOT 2106.3.G.1 Below landscaped surfaces, where subsidence is not a concern Non-Structural Grading Material MnDOT 2106.1.A.8 MnDOT 2106.3.G.2 *More select soils comprised of MnDOT 3149.2.J.2 Fine Filter Aggregate may be needed to accommodate work occurring in periods of wet or freezing weather. We recommend placing engineered fill in accordance with MnDOT 2106. We recommend compacting engineered fill in accordance with the criteria presented above in Table 4. The project documents should not allow the contractor to use frozen material as engineered fill or to place engineered fill on frozen material. Frost should not penetrate under foundations during construction. We recommend performing density tests in engineered fill to evaluate if the contractors are effectively compacting the soil and meeting project requirements. C.3. Subgrade Preparation C.3.a. Pavement Subgrade Preparation We recommend the following steps for pavement subgrade preparation, understanding the site will generally match existing grades. Note that project planning may need to require additional subcuts to limit frost heave. 1. Reclaim the pavement as recommended in Section C.1.b, stockpile and/or redistribute excess reclaim material as necessary to construct the new pavement sections. City Council | Tuesday, December 20, 2022 | Page 149 of 156 TKDA Project B2209688 November 23, 2022 Page 14 2. Once the roadway sections are cut grade, have a geotechnical representative observe the excavated subgrade to evaluate if additional subgrade improvements are necessary. 3. Slope subgrade soils to areas of sand or drain tile to allow the removal of accumulating water. 4. Scarify, moisture condition, and surface compact to at least 100 percent of Standard Proctor density. 5. Place pavement engineered fill to grade and compact in accordance with Section C.2.e to bottom of pavement. 6. Test roll the pavement subgrade as described in Section C.3.b. C.3.b. Pavement Subgrade Test Roll As the site soils are generally a mixture poorly graded sands and poorly graded sands with silt largely free of fine particles, a test roll may be difficult to perform at subgrade. If that is the case, we recommend observing surface compaction of the pavement subgrade followed by a test roll when the aggregate base section is in place. We recommend performing test rolls in accordance with MnDOT Specification 2111. C.3.c. Design Sections Our scope of services for this project did not include laboratory tests on subgrade soils to determine an R-value for pavement design. Based on our experience with similar sandy soils anticipated at the pavement subgrade elevation, we recommend pavement design assume an R-value of 50. Note the contractor may need to perform limited removal of unsuitable or less suitable soils to achieve this value. Tables 5 and 6 provide the recommended pavement sections for Orchard hill and Victoria Curve, respectively. Table 7 provides the recommended pavement sections for trails and sidewalks. Table 5. Recommended Bituminous Pavement Section – Orchard Hill, 7-Ton Design Material Thickness (inches) Designation Specification Bituminous wear 2 SPWEA330C MnDOT 2360 Bituminous non-wear 2 SPNWA330C MnDOT 2360 Aggregate base 6 Class 5 or Modified Aggregate base 3138 or 2215 City Council | Tuesday, December 20, 2022 | Page 150 of 156 TKDA Project B2209688 November 23, 2022 Page 15 Table 6. Recommended Bituminous Pavement Section – Victoria Curve, 10-Ton Design Material Thickness (inches) Designation Specification Bituminous wear 2 SPWEA330C MnDOT 2360 Bituminous non-wear 2 SPNWA330C MnDOT 2360 Aggregate base 8 Class 5 or Modified Aggregate Base 3138 or 2215 Table 7. Recommended Trail and Sidewalk Pavement Sections Material Bituminous Trail (inches) Concrete Sidewalk (inches) Material (specification) Minimum asphalt thickness 3 --- SPWEA240B (MnDOT 2360) Minimum concrete thickness --- 6 (MnDOT 2301) Minimum aggregate base thickness 6 4 Class 5 (MnDOT 3138) C.3.d. Pavement Materials Placement We recommend specifying materials based on those provided in Tables 5 through 7. Bituminous pavements should generally meet the requirements of Specification 2360, which includes gyratory tests to evaluate strength and air voids and density tests to evaluate compaction. We recommend tack coat meeting MnDOT Specification 2357 be placed between the lifts and along vertical faces where paving will match adjacent pavement. We recommend compacting aggregate base to a minimum of 100 percent of its maximum standard Proctor dry density or to the requirements of the Penetration Index Method as per MnDOT Specification 2211. City Council | Tuesday, December 20, 2022 | Page 151 of 156 TKDA Project B2209688 November 23, 2022 Page 16 C.3.e. Performance and Maintenance We based the above pavement designs on a 20-year performance life for bituminous and 35-year performance life for concrete. This is the amount of time before we anticipate the pavement will require major rehabilitation. This performance life assumes routine maintenance, such as seal coating and crack sealing. The actual pavement life will vary depending on variations in weather, traffic conditions and maintenance. Many conditions affect the overall performance of the pavements. Some of these conditions include the environment, loading conditions and the level of ongoing maintenance. It is common to have thermal cracking develop within the first few years of placement and continue throughout the life of the pavement. We recommend developing a regular maintenance plan for filling cracks in pavements to lessen the potential impacts for cold weather distress due to frost heave or warm weather distress due to wetting and softening of the subgrade. D. Procedures D.1. Penetration Test Borings We drilled the penetration test borings with a truck-mounted core and auger drill equipped with hollow- stem auger. We performed the borings in general accordance with ASTM D6151 taking penetration test samples continuously in general accordance to ASTM D1586. The boring logs show the actual sample intervals and corresponding depths. D.2. Pavement Cores We obtained core samples of the pavement using a portable coring machine advancing a 4-inch diameter core barrel. Immediately after completing the coring, we repaired the bituminous pavement with a cold- mix bituminous patch. We measured the cores to obtain approximate bituminous thickness and noted their material conditions based on visual observation. The Appendix includes images of the cores. City Council | Tuesday, December 20, 2022 | Page 152 of 156 TKDA Project B2209688 November 23, 2022 Page 17 D.3. Exploration Logs D.3.a. Log of Boring Sheets The Appendix includes Log of Boring sheets for our penetration test borings. The logs identify and describe the penetrated geologic materials and present the results of penetration resistance tests performed. The logs also present the results of laboratory tests performed on penetration test samples, and groundwater measurements. We inferred strata boundaries from changes in the penetration test samples and the auger cuttings. Because we did not perform continuous sampling, the strata boundary depths are only approximate. The boundary depths likely vary away from the boring locations, and the boundaries themselves may occur as gradual rather than abrupt transitions. D.3.b. Geologic Origins We assigned geologic origins to the materials shown on the logs and referenced within this report, based on: (1) a review of the background information and reference documents cited above, (2) visual classification of the various geologic material samples retrieved during the course of our subsurface exploration, (3) penetration resistance testing performed for the project, (4) laboratory test results, and (5) available common knowledge of the geologic processes and environments that have impacted the site and surrounding area in the past. D.4. Material Classification and Testing D.4.a. Visual and Manual Classification We visually and manually classified the geologic materials encountered based on ASTM D2488. When we performed laboratory classification tests, we used the results to classify the geologic materials in accordance with ASTM D2487. The Appendix includes a chart explaining the classification system we used. D.4.b. Laboratory Testing The exploration logs in the Appendix note most of the results of the laboratory tests performed on geologic material samples. We performed the tests in general accordance with ASTM procedures. City Council | Tuesday, December 20, 2022 | Page 153 of 156 TKDA Project B2209688 November 23, 2022 Page 18 D.5. Groundwater Measurements The drillers checked for groundwater while advancing the penetration test borings, and again after auger withdrawal. We then filled the boreholes as noted on the boring logs. E. Qualifications E.1. Variations in Subsurface Conditions E.1.a. Material Strata We developed our evaluation, analyses and recommendations from a limited amount of site and subsurface information. It is not standard engineering practice to retrieve material samples from exploration locations continuously with depth. Therefore, we must infer strata boundaries and thicknesses to some extent. Strata boundaries may also be gradual transitions, and project planning should expect the strata to vary in depth, elevation and thickness, away from the exploration locations. Variations in subsurface conditions present between exploration locations may not be revealed until performing additional exploration work, or starting construction. If future activity for this project reveals any such variations, you should notify us so that we may reevaluate our recommendations. Such variations could increase construction costs, and we recommend including a contingency to accommodate them. E.1.b. Groundwater Levels We made groundwater measurements under the conditions reported herein and shown on the exploration logs, and interpreted in the text of this report. Note that the observation periods were relatively short, and project planning can expect groundwater levels to fluctuate in response to rainfall, flooding, irrigation, seasonal freezing and thawing, surface drainage modifications and other seasonal and annual factors. City Council | Tuesday, December 20, 2022 | Page 154 of 156 TKDA Project B2209688 November 23, 2022 Page 19 E.2. Continuity of Professional Responsibility E.2.a. Plan Review We based this report on a limited amount of information, and we made a number of assumptions to help us develop our recommendations. We should be retained to review the geotechnical aspects of the designs and specifications. This review will allow us to evaluate whether we anticipated the design correctly, if any design changes affect the validity of our recommendations, and if the design and specifications correctly interpret and implement our recommendations. E.2.b. Construction Observations and Testing We recommend retaining us to perform the required observations and testing during construction as part of the ongoing geotechnical evaluation. This will allow us to correlate the subsurface conditions exposed during construction with those encountered by the borings and provide professional continuity from the design phase to the construction phase. If we do not perform observations and testing during construction, it becomes the responsibility of others to validate the assumption made during the preparation of this report and to accept the construction-related geotechnical engineer-of-record responsibilities. E.3. Use of Report This report is for the exclusive use of the addressed parties. Without written approval, we assume no responsibility to other parties regarding this report. Our evaluation, analyses and recommendations may not be appropriate for other parties or projects. E.4. Standard of Care In performing its services, Braun Intertec used that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession currently practicing in the same locality. No warranty, express or implied, is made. City Council | Tuesday, December 20, 2022 | Page 155 of 156 This page intentionally left blank. END City Council | Tuesday, December 20, 2022 | Page 156 of 156