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2024-01-09 City Council Packet
Enj CITY OF MENDOTA HEIGHTS CITY COUNCIL MEETING AGENDA January 9, 2024 • 7:OOPM Mendota Heights City Hall, 1101 Victoria Curve, Mendota Heights 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF THE AGENDA The Council, upon majority vote of its members, may make additions or deletions to the agenda. These items may be submitted after the agenda preparation deadline. 5. PUBLIC COMMENTS- for items not on the agenda Public comments provide an opportunity to address the City Council on items which are not on the meeting agenda. All are welcome to speak. Individuals should address their comments to the City Council as a whole, not individual members. Speakers are requested to come to the podium and must state their name and address. Comments are limited to three (3) minutes. No action will be taken; however, the Mayor and Council may ask clarifying questions as needed or request staff to follow up. 6. CONSENT AGENDA Items on the consent agenda are approved by one motion of the City Council. If a councilmember requests additional information or wants to make a comment on an item, the item will be removed from the consent agenda and considered separately. Items removed from consent agenda will be taken up as the next order of business. a. Approve Minutes from the December 19, 2023 City Council Meeting b. Approve Minutes from the December 19, 2023 City Council -Planning Commission Work Session c. Acknowledge October 24, 2023 Planning Commission Meeting Minutes d. Acknowledge November 28, 2023 Planning Commission Meeting Minutes e. Designate Official Newspaper f. Designate Acting Mayor g. Resolution 2024-01 Approving Appointments to the Mendota Heights Fire Relief Association Board of Trustees h. Approve the Purchase of Fire Extinguishing Training System for Public Education i. Approve 2024 Financial Items and Authorize Finance Director to Execute Electronic Payments and Prepay Claims 1. Adopt Resolution 2024-02 Establishing 2024 City Depositories of Funds 2. Adopt Resolution 2024-03 Accepting Pledged Securities for 2024 j. Approve Massage Therapist Licenses k. Approve Professional Services Change Order for the Emerson Avenue Street Improvements I. Approve Purchase of Parks Department Pickup Truck m. Approve Purchase of Streets Department Pickup Truck n. Approve Purchase of Natural Resources Pickup Truck o. Approve Contract for Tree Removal Bids p. Approve Claims List 7. PRESENTATIONS 8. PUBLIC HEARINGS 9. NEW AND UNFINISHED BUSINESS a. Resolution 2024-04 Approving a Wetlands Permit at 947 Wagon Wheel Trail (Planning Case No. 2023-29) b. Utility Franchise Fees 1. Approve Ordinance 583-Gas Franchise Agreement Amendment, Ordinance 584-Gas Franchise Fee Ordinance and Summary Publication 2. Approve Ordinance 585-Electric Franchise Agreement Amendment, Ordinance 586-Electric Franchise Fee Ordinance and Summary Publication c. Authorize Professional Services Contract for the Park System Master Plan 10. COMMUNITY/CITY ADMINISTRATOR ANNOUNCEMENTS 11. CITY COUNCIL COMMENTS 12. ADJOURN Next Meeting January 23, 2024 • 7:OOPM Information is available in alternative formats or with the use of auxiliary aids to individuals with disabilities upon request by calling city hall at 651-452-1850 or by emailing cityhall@mendotaheightsmn.gov Regular meetings of the City Council are cablecast on NDC4/Town Square Television Cable Channel 18/HD798 and online at TownSquare.TV/Webstreaming 3 of 173 6a CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA DRAFT Minutes of the Regular Meeting Held Tuesday, December 19, 2023 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 7:00 p.m. Councilors Lorberbaum, 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 Mazzitello moved adoption of the agenda. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Miller moved approval of the consent calendar as presented, pulling item O. a. Approval of December 6, 2023 City Council Minutes b. Approval of November 29, 2023 City Council -Planning Commission Joint Work Session Minutes c. Acknowledge November 9, 2023 Natural Resources Commission Work Session Meeting Minutes d. Acknowledge November 14, 2023 Parks and Recreation Commission Meeting Minutes e. Resolution 2023-101 Approving the Application for Dakota County Community Development Block Grant (CDBG) Funding — Fiscal Year 2024 f. Approve Tobacco License Renewals g. Approve Massage Therapist License h. Resolution 2023-100 Appointing 2024 Election Judges and Absentee Ballot Board i. Approve Revised Employee Leave and Vacation Policy j. Authorize Office Furniture Purchase for City Hall k. Approve Administrative Coordinator/Deputy City Clerk Job Description and Position Posting 1. Approve 2024-2025 Union Contracts m. Resolution 2023-97 Adopting the 2024 Pay Classification for Non -Union Employees 4 of 173 n. Resolution 2023-98 Accepting Feasibility Report and Calling for a Public Hearing on the Bridgeview Shores Street Improvement Project o. Resolution 2023 96 Accepting a Donation from the Coss Family Foundation p. Resolution 2023-102 Formally Accepting a Gift for a Park Bench Donation from the Harper Banks Memorial Fund q. Approve Reimbursement for the Lake Augusta Water Quality Improvement and Outlet Feasibility Study r. Approve November 2023 Treasurer's Report s. Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS 0) RESOLUTION 2023-96 ACCEPTING A DONATION FROM THE COSS FAMILY FOUNDATION Mayor Levine thanked the Coss family noting that they have been very generous supporting the City. Councilor Mazzitello moved to adopt RESOLUTION NO. 2023-96 ACCEPTING A DONATION FROM THE COSS FAMILY FOUNDATION. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Jack Vitelli, 1334 Sylvandale Rd., complimented the Council and staff for listening to the resident input related to the Emerson and Sylvandale road project. He stated that 40 or 45 people attended the open house meeting and believed that the questions and concerns were addressed at that meeting. PRESENTATIONS A) MENDOTA HEIGHTS VOLUNTEER PROGRAM RECOGNITION Assistant City Administrator Kelly Torkelson explained that the City Volunteer Program was relaunched in the spring of 2022. She provided an update on the volunteer program and recognized the contributions that volunteers have made to the City of Mendota Heights. Councilor Mazzitello asked how residents can find out more about volunteer opportunities. Assistant City Administrator Kelly Torkelson stated that opportunities can be found on the City website and within the Heights Highlights. December 19, 2023 Mendota Heights City Council Page 2 of 12 5 of 173 Councilor Miller thanked staff for the presentation and everyone that participated in the program. He commented that this is a testament to the number of people that care about the community and have a vested interest in making the community better. Councilor Lorberbaum thanked staff for the coordination of the program and to those that volunteer. She looked forward to more people participating in the program. Councilor Paper commented that there are many more baseball teams that are not pictured or mentioned but acknowledged the work that those teams do to keep the fields in good condition and the parks clean. PUBLIC HEARING A) RESOLUTION 2023-99 ORDERING OF IMPROVEMENT PROJECT FOR EMERSON AVENUE STREET IMPROVEMENTS Public Works Director Ryan Ruzek explained that the Council is asked to preside over a public hearing for the Emerson Avenue Street Improvement Project. Larry Poppler, TDKA, provided background information and presented details on the proposed Emerson Avenue Street Improvements. Councilor Mazzitello asked and received confirmation on the width of a segment of Emerson Avenue. He asked for similar information on Sylvandale. Mr. Poppler replied that all the streets are about the same width. Public Works Director Ryan Ruzek commented that he believed the measurement was back of curb to back of curb which would be about 33 feet of pavement. Councilor Mazzitello asked if there is anything in mind for the mentioned traffic calming measures or pedestrian safety improvements which are yet to be determined. Public Works Director Ryan Ruzek stated that they will likely consider bump outs, similar to lst Avenue, and provided details on that calming measure. He reviewed some of the other options that were discussed. He stated that radar feedback signs were installed on Emerson this last summer and staff will follow up to determine if those are functioning properly. He stated that a second informational meeting would be held to present the final design to residents. Councilor Paper recognized that this will be a large project with the watermain replacement and asked the anticipated length of the project. Public Works Director Ryan Ruzek commented that they anticipated starting in June but because they are ahead of schedule, they are hoping that perhaps they could begin earlier. Councilor Paper asked if there would be creek improvements as part of the project. Public Works Director Ryan Ruzek replied that nothing is planned as of this time. December 19, 2023 Mendota Heights City Council Page 3 of 12 6 of 173 Councilor Lorberbaum referenced the estimate provided in the packet but noted that the full solution has not yet been developed. Public Works Director Ryan Ruzek provided additional details on the curb replacement that is planned, funded on one side by the City and the other by St. Paul Regional Water Service (SPRWS), noting that the bump outs would not add cost as less bituminous, and less gravel would be used in exchange. He stated that if there is additional striping that would not be a significant cost. He stated that if the bump outs are added, staff would ensure that the drainage is not impacted but noted that would be funded through the stormwater utility fund and would not impact the cost to residents through assessment. He stated that if the Council made the choice to add a sidewalk or trail, that would add significant cost to the project. Councilor Lorberbaum asked if the Traffic Safety Committee would provide a recommendation. Public Works Director Ryan Ruzek commented that the feasibility study was based on the questionnaire results from residents, noting that residents in this project area did not want a sidewalk or trail. He stated that traffic and pedestrian volumes would not warrant additional improvements. He stated that there would be sufficient right-of-way to include an off-street trail, but that would be a significant change as the entire roadway would be shifted to add a trail on one side and that would add a significant cost to the project. He stated that the Council did accept the feasibility report in November, with direction to proceed with the plans as presented and a change of that nature would basically send the project back to the beginning and the project would not occur until 2027. Councilor Lorberbaum asked if the bump outs make snowplowing more difficult. Public Works Director Ryan Ruzek confirmed that staff does not love that element. Mayor Levine asked if the road was well performing from the time it was constructed. Public Works Director Ryan Ruzek replied that the road was installed in different segments as the neighborhoods developed and reviewed some of the maintenance that was completed. He stated that the last improvement was a mill and overlay in the early 2000's and therefore that improvement has outperformed its lifespan. Mayor Levine asked for the estimated lifespan of the project. Public Works Director Ryan Ruzek replied that this project will result in basically a brand-new street and with the typical maintenance schedule including a mill and overlay, the lifespan should be 30 to 40 years. Mayor Levine commented that the City has had great success with residents choosing raingardens and asked if that would be an option for residents. Public Works Director Ryan Ruzek confirmed that the City would send letters to residents adjacent to the project, even if they are not being assessed, with the offer to create a curb cut raingarden. Councilor Lorberbaum moved to open the public hearing. December 19, 2023 Mendota Heights City Council Page 4 of 12 7 of 173 Councilor Miller seconded the motion. Ayes: 5 Nays: 0 Kay Tuveson, 723 Sylvandale Court North, commented that she was thrown off by the mention to possibly include sidewalks as she thought that option was removed from consideration. She stated that her neighborhood does not want sidewalks included. She asked if the old telephone boxes could be removed as part of the project. She asked if she would lose access to her driveway for four months during the project. She asked the period of time allowed for repayment of the assessment. She stated that their street sign states Sylvandale Court and should specify north, asking if that could be corrected. Sarah Anderson, 1289 Sylvandale Road, stated that their property is directly impacted by the project. She stated that she will trust the experts about what is needed related to the watermain, although the amount of the proposed assessment is a bit shocking. She understood that the project is needed for maintenance and safety. She asked that there be a plan in place before there is voting, specifically related to the sidewalk/trail. She stated that 24 out of 28 returned surveys were firmly against that amenity and asked that the Council listen to the residents. She commented that most homes on the roadway have cameras and therefore the neighborhood has data on the pedestrian and roadway speeds. She stated that the City should prove that things are necessary. She stated that when issues arise with children or teenage drivers, the neighborhood addresses those in person. She wanted to ensure that this would remain in the character of a neighborhood street and did not support the yellow line or things that would make the street busier. She stated that the feedback should be from those property owners directly impacted by the project and paying assessments and again asked that the Council listen to the feedback of those residents. She stated that the street parking is very active and therefore marking the street as having no parking is not something the neighborhood is interested in. Ann Steingraeber, 1344 Knollwood Lane, commented that she lives on the corner of Emerson and Knollwood and will be assessed as part of the project. She encouraged the Council to consider that this improvement project is intended to occur once every few decades and therefore provides an opportunity to implement safety measures. She stated that the entire neighborhood uses this corridor for driving and walking to reach other areas. She emphasized that there are so many other creative ways that safety could be implemented other than sidewalks. She stated that the issue of sidewalks should be let go and they could think of other ways to encourage pedestrian safety on Emerson Avenue. She asked that City staff be directed to incorporate pedestrian safety and traffic calming as key components of the project, noting that there are numerous ways that could be done outside of sidewalks. She recognized that neighbors on Sylvandale and Emerson may have different opinions on traffic and safety. She stated that this is a busy corridor as some drivers use the corridor as a cut through, as will some residents in the nearby multifamily apartment development. Mike Bader, 1297 Knollwood Lane, agreed with the comments of his neighbor that just spoke. He commented that stretch of Emerson is heavily used and there are concerns for safety with the S-curves. He stated that when walking, his family attempts to avoid that main Emerson corridor because of concerns for safety. He agreed that could be addressed without the addition of sidewalks. Amy Wish, 736 Knollwood Court, stated that she supports pedestrian safety improvements along the stretch mentioned by her neighbors as she shares the concerns expressed. December 19, 2023 Mendota Heights City Council Page 5 of 12 8 of 173 Laura Doty, 1129 Ivy Hill Dr., asked if the proposed assessment would be added to her property taxes or when that payment would be due. Pam Dykstra, 1103 Ivy Hills, asked if there could be a 20-year repayment term for the assessment as she believed that the ten-year period would be a hardship for many of the older residents in the townhomes that are on a fixed income. Joe Opack, 662 Ivy Falls Court, asked if there are examples of other neighborhoods where similar projects have been done in order to show what has worked and not worked. He stated that he would love for the road to stay as residential as possible, noting that he does support pedestrian safety but would not want to see stripes on the road. There being no one further coming forward to speak, Councilor Paper moved to close the public hearing. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 Mayor Levine commented that the Council heard loud and clear about the neighborhood opinion against sidewalks when the initial project meeting was held, which was also expressed through the survey. She stated that recently members of the Council have received input expressing support for sidewalks. She commented that tonight it seems that people that wanted the sidewalks are okay letting go of that option. She stated that she would like to settle the issue of sidewalks at this time. Councilor Miller commented that the people have spoken, and that opinion should be supported. Councilor Lorberbaum commented that sidewalks would change the character of the street and neighborhood and although sidewalks would improve safety, it is clear that the neighborhood does not want sidewalks. Councilor Paper agreed that it seems clear that sidewalks are not desired. He stated that he often walks Emerson and although he would enjoy a sidewalk, he recognized that it is not his road and the residents on the road do not want sidewalks. He believed that something should be done to improve pedestrian safety. Councilor Mazzitello agreed that something should be done to address pedestrian safety, without putting something behind the curb. Mayor Levine confirmed the consensus of the Council to not include sidewalks as part of the project. She stated that the staff recommendation was to include direction to pursue other traffic mitigation efforts and pedestrian safety. She asked if the Council would agree to focus that on Emerson. Councilor Miller stated that he agrees that something should be done to calm traffic along that segment of Emerson. December 19, 2023 Mendota Heights City Council Page 6 of 12 9 of 173 Councilor Lorberbaum agreed that there are issues that need to be dealt with on Emerson but recognized that Sylvandale is very different therefore the roads should be treated differently. Councilor Paper agreed that there should be attention on that corridor, recognizing that the increased density being developed near that area will have some type of increase on Emerson. Councilor Mazzitello stated that he walks Sylvandale multiple times per week and drives Emerson virtually every day. He stated that the Emerson section has issues with speed and pedestrian safety and believed those could be addressed without installing a facility outside of the curb line. He stated that the action tonight is to order a design and there is still room for comment and review, noting that there will be another neighborhood meeting and Council vote on the further product. He was confident that staff would be able to address the issues through alternate measures, such as bump outs at the intersection. He stated that the Sylvandale portion of the project is very different than Emerson as he has never felt unsafe walking on Sylvandale and rarely even encounters a vehicle parked on Sylvandale. He commented that he would feel unsafe walking on Emerson. Mayor Levine confirmed the consensus of the Council for staff to focus on the Emerson corridor in terms of traffic calming and pedestrian safety. She commented that there were comments made related to the repayment term for assessments. She stated that the assessment could be paid in full, or residents could choose the repayment over ten years. She asked if there would be an option for the Council to allow a 20-year repayment term. Public Works Director Ryan Ruzek commented that generally the assessment hearing is held at the end of the project and at that time residents could pay the assessment partially or in full. He stated that any remaining balance would be certified against the property taxes and the City policy does provide a term of ten years for a rehabilitation project. He stated that with the addition of the watermain replacement the project would border between a rehabilitation and reconstruction. He stated that for a reconstruction a repayment term of 19 years is allowed, but noted that policy was designed when residents were paying for the watermain improvements which are now funded by SPRWS. Mayor Levine commented that it would then be past practice that a reclamation project has an assessment term of ten years and the watermain improvements will not be charged to residents as SPRWS now funds those improvements. Public Works Director Ryan Ruzek provided details on the road construction process and what residents can expect during the different phases. He stated that there is a chance that driveways will be disturbed for periods during the project. He stated that there will be a utility meeting in the spring, but it would be unlikely that improvements would be planned for the telephone boxes. He stated that residents can send those requests to him directly and he can reach out to the utility company in attempt to have those issues addressed. He stated that legally the road is Sylvandale Court and Sylvandale S and there is not a Sylvandale N therefore that name would not be changed. He stated that if residents were interested, they could look at renaming the road to add north. He provided some examples where residents could view bump outs and other elements. Mayor Levine noted that if residents have additional comments or concerns, they can be emailed to City staff. December 19, 2023 Mendota Heights City Council Page 7 of 12 10 of 173 Councilor Miller asked if the Council needs to decide the repayment period tonight. Public Works Director Ryan Ruzek replied that decision would not be made tonight but a determination should be made by August of 2024. Councilor Mazzitello stated that he supports the project as discussed tonight. He stated that Emerson/Sylvandale is one of the last projects before they start at the beginning, where they began in 1995. He commented that the roads need improvement as the pavement is bad. He stated that he would like to see something in the resolution added to state that the finished project shall remain within the curb line and that there be an emphasis on pedestrian safety on the segment of Emerson discussed. Mayor Levine confirmed the consensus of the Council in support of the comments made by Councilor Mazzitello. She provided suggested language that could be added to number four within the resolution to state that the Public Works Director shall prepare plans and specifications for the making of such improvements with the final design to be within the existing curb and incorporating pedestrian safety and traffic calming as improvements with a focus on Emerson Avenue. Councilor Miller moved to adopt RESOLUTION NO. 2023-99 ORDERING OF IMPROVEMENT PROJECT FOR THE EMERSON AVENUE STREET IMPROVEMENTS. Councilor Mazzitello seconded the motion. Further discussion: Mayor Levine offered the following amendment: Mayor Levine moved to amend RESOLUTION NO. 2023-99 ORDERING OF IMPROVEMENT PROJECT FOR THE EMERSON AVENUE STREET IMPROVEMENTS to add the language to condition four as discussed. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 Further discussion: Councilor Paper asked if the driveway aprons would be replaced as it exists today, using the example of stamped concrete. Public Works Director Ryan Ruzek commented that there would be an alternate in the bid for special concrete, but the other option for special concrete driveways would be to have a regular concrete apron. Councilor Paper asked for details on when a trench box would be required. Public Works Director Ryan Ruzek replied that generally SPRWS requires a trench box. Councilor Paper commented that he wanted to ensure that the proper safety measures are used. Mr. Poppler commented that if a trench is made wide enough, a trench box is not required. He provided additional details on when a trench box is needed. December 19, 2023 Mendota Heights City Council Page 8 of 12 11 of 173 Ayes: 5 Nays: 0 NEW BUSINESS A) MENDAKOTA PARK FIBER AND TECHNOLOGY PROJECT Parks and Recreation Manager Meredith Lawrence explained that the Council was being asked to approve the fiber optic network connection and technology project from the Mendakota Heights Fire Station to Mendakota Park. Councilor Lorberbaum asked for details on the annual locate cost. Justin Roggenkamp, LOGIS, explained that fee is charged to perform locate maintenance on the new line and manage maintenance. Councilor Paper stated that he has concern with some of the money being spent on this project as the public would not even have access to Wi-Fi as a result of this project. He commented that it would be another $24,000 to have public access to Wi-Fi. He asked what is being done to the doors for a cost of $3,500 per door. He asked if the bathrooms are able to be unlocked if someone is in the bathroom when it locks. Parks and Recreation Manager Meredith Lawrence stated that she has worked with the West St. Paul Parks Director and confirmed that they are seeing similar costs. She stated that it is her understanding that there would be a significant amount of infrastructure to create public Wi-Fi. She believed that a public Wi-Fi policy should be established prior to providing that access to the public. She noted that in regard to the door features, there are similar features at City Hall and there is a fair amount of electric and wiring work, along with replacement of the door handles. Councilor Paper asked if directional boring would be done for the concrete. Mr. Roggenkamp confirmed that directional boring would be used for the entire project. Councilor Paper commented that it appears that fiber will be run to the pavilion and concession stand and asked the purpose of running that to the pavilion. Parks and Recreation Manager Meredith Lawrence replied that staff believed that it would make sense to run the fiber in the case that they would like camera access and plan for future needs. Councilor Paper stated that eight cameras are mentioned and asked the purpose. Parks and Recreation Manager Meredith Lawrence replied that the goal is to increase safety and security. She stated that there have been concerns from residents and there have been break ins at the concession and vandalism in the bathrooms. She also believed that the cameras would act as a deterrent. She noted that there have been vehicle break ins as well. She stated that this would be a pilot project and additional locations could be considered in the future. December 19, 2023 Mendota Heights City Council Page 9 of 12 12 of 173 Councilor Paper asked if there are locations in mind for the cameras. Parks and Recreation Manager Meredith Lawrence commented that they are still working out the locations for the cameras, in conjunction with the Police Department and noted that the cameras would be visible to the public. Councilor Paper asked if the cameras are wireless. Parks and Recreation Manager Meredith Lawrence replied that they are not. Councilor Paper stated that if the cameras are not wireless, it would seem that the locations would be limited. Mr. Roggenkamp commented that the cameras could be installed within 300 feet without the use of fiber connectivity. Councilor Paper asked if the Parks Commission was aware that there would not be public Wi-Fi. Parks and Recreation Manager Meredith Lawrence stated that the desire for the project was related to the door access on a timer, the ability to have key card access for the concession stand, and irrigation control. She stated that public Wi-Fi was more related to programing opportunities. She stated that she does believe that there is a desire to have public Wi-Fi for certain programs and games, but the cost would be higher, and a policy would need to be in place. Councilor Paper asked how user groups at the concession stand would be able to utilize certain POS services to process payments if there is unstable internet. Parks and Recreation Manager Meredith Lawrence replied that the park currently does not offer internet connection for the concession user groups. Mr. Roggenkamp stated that with the fiber connectivity there would be stable internet connection for the cameras and other things connected. Councilor Paper asked who would maintain the system. City Administrator Cheryl Jacobson stated that staff looked to connect to Dakota County fiber or City fiber and this project is designed to connect to City fiber. She stated that the City has a contract with LOGIS to maintain the City fiber. She stated that the City fiber line is already in Dodd Road. Councilor Paper asked why the cost to install fiber is so high. Mr. Roggenkamp commented that includes installation, equipment, labor, and the network. A resident commented that they are able to connect to Wi-Fi at their home with the use of a $200 router and asked why the cost would be so high for the park. December 19, 2023 Mendota Heights City Council Page 10 of 12 13 of 173 Mr. Roggenkamp stated that would be residential grade equipment and this project would require more reliable, secure, commercial equipment that is rated for the outdoors. Parks and Recreation Manager Meredith Lawrence commented that staff was a bit shocked by the cost as well but did confirm with other communities that the cost is comparable. Councilor Lorberbaum asked and received confirmation that LOGIS would be completing the project management and asked if there was competitive bidding. Mr. Roggenkamp confirmed that there will be a competitive quote process and explained that these are estimates. Mayor Levine asked if the Council would need to approve the final bid. Mr. Roggenkamp commented that these figures are not to exceed amounts. Parks and Recreation Manager Meredith Lawrence explained that the door access is through a separate vendor and staff recommends moving forward with that vendor as they manage the other City doors as well. Councilor Mazzitello asked if the door quote is an estimate as well. Assistant City Engineer Kelly Torkelson replied that the door quote is an actual quote. Councilor Mazzitello moved to approve the Mendakota Park Fiber and Technology Project with costs for project management by LOGIS for a not to exceed amount of $75,093.25 and installation of door access controls by Ban-Koe for a not to exceed amount of $13,939.25. Councilor Lorberbaum seconded the motion. Councilor Paper asked if this includes the cameras. Parks and Recreation Manager Meredith Lawrence replied that the cameras are not yet included and will be brought back separately. Mayor Levine commented that this is a hefty price tag for something that is not fun or used by residents but agreed that this is an opportunity to explore additional safety measures. She stated that she will support this but has reservations. She believes that this is a good decision to connect to the City fiber. Councilor Miller agreed that this is an investment in safety and an initial step towards public Wi-Fi as well. He recognized the high cost but believed that this is a wise and important investment towards making additional steps for connectivity. Councilor Paper referenced the issue of equity within the parks and asked how this would be equity. Mayor Levine stated that there is a difference in equality and equity. She explained that with equity they are giving each park the things that it needs rather than giving each park the same thing. December 19, 2023 Mendota Heights City Council Page 11 of 12 14 of 173 Ayes: 4 Nays: 1 (Paper) COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Mazzitello commented that it is good to see a neighborhood engaged with the proposed improvements for their area. He also commended the residents that recognized the opposition to their desires and were willing to be cooperative in order to move forward. He stated that on this day in 1883, Charles Dickins A Christmas Carol was released. He commented that this is a season of reflection and for being grateful for what you have been blessed with and wished everyone a great holiday season. Councilor Miller echoed those sentiments and wished safe travels for those that will be traveling. Councilor Lorberbaum thanked the residents that spoke today. She noted the upcoming Coffee with the Council events and encouraged residents to attend. She stated that at a recent session of that event a resident requested a discount at the Par 3 for veterans and the Park Commission did agree to that at a recent meeting. She thanked the Coss Family and Harper Grace Memorial Fund for their donations. She wished everyone happy and safe holidays. Councilor Paper wished everyone happy holidays and thanked everyone that attended the public hearing. Mayor Levine thanked all the volunteers that were recognized this evening. She stated that this is the last meeting of 2023 and reflected on some of the Council actions and City activity during this past year. She stated that this has been a good year and thanked City staff for their continued hard work. She stated that this is a great city that is well run with great residents. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 9:18 p.m. Stephanie B. Levine ATTEST: Mayor Nancy Bauer, City Clerk December 19, 2023 Mendota Heights City Council Page 12 of 12 15of173 6b CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the City Council and Planning Commission Joint Work Session Tuesday, December 19, 2023 CALL TO ORDER Mayor Levine called the work session to order at 5:00 p.m. Mayor Levine and Councilmembers Lorberbaum, Mazzitello, Miller and Paper were present. Planning Commissioners Stone, Johnson, and Petschel were present. Staff in attendance included City Administrator Cheryl Jacobson, Public Works Director Ryan Ruzek, Community Development Manager Sarah Madden, City Clerk Nancy Bauer, and Planning Consultant Jennifer Haskamp. ZONING CODE UPDATE Planning Consultant Jennifer Haskamp introduced the zoning code update discussion which was continued from the November 29, 2023, joint City Council and Planning Commission meeting. The last meeting ended with the start of the discussion on Uses - the new Chapter 3. The evenings discussion would focus on the proposed table of uses as they related to the Public/Semi- Public Overlay District and the appropriate mix of uses in the Industrial Zoning District. J. Haskamp provided background information on the Public/Semi- Public Overlay District. The objective was to state that there are the PSP-O uses that are in the R-1 and R-E residential zoning districts. Many of the uses such as schools and places of worship do not require a conditional use permit at present. Instead a variance would be needed to allow expansion or some modification and this could be an extremely complicated process, because the variance is hard to justify. J. Haskamp showed a table of the PSP-O uses which were predominately in the R-1 district. Councilor Mazzitello stated that not all of R-1 is in the PSP-O. J. Haskamp confirmed that was correct. J. Mazzitello stated that it was discussed in the past to put standards in R-1 for institutional use. A map was shown of the PSP-O. C. Johnson asked about creating a park zoning district which is listed in the PSP-O. J. Haskamp responded that a park zoning district was not recommended because it had been tested in court multiple times as a regulatory taking. If a property is assigned a park zoning district, the development and economic rights are taken away from that property. J. Haskamp recapped stating that new language would be added to the Zoning Code regarding the PSP-O. J. Haskamp introduced the topic of retail/commercial uses in the Industrial Zoning district to allow more commercial uses. Restaurants being in the Industrial Zoning district was discussed as it was 16 of 173 not currently a permitted use. It was noted that the Planning Commission previously discussed if a restaurant was an accessory to a business such as a distillery it could be allowed in the Industrial Zoning district. The area in the industrial park was discussed regarding semi -trucks, warehouse size and possible uses to serve those working in the Industrial Park. R. Ruzek listed some of the uses currently in the Industrial Zone. Doggy daycare and entertainment complexes were also discussed as a use in the Industrial district which would need a CUP to be a permitted use. J. Haskamp recapped that she would do a tracked version of updates of uses from this discussion and have it ready for the next meeting. J. Haskamp noted that farm animals, in particular miniature goats, was addressed within the draft zoning code. The group discussed food trucks and where in the city to allow food trucks to operate and if they should be a permitted use. J. Haskamp suggested using an administrative/operating permit for food trucks. Rules and requirements would be developed by staff for food trucks and the rules and requirements would be spelled out on the permit. J. Haskamp stated that in the next version of the Zoning Code updates for food trucks would be added. Farmer's Markets was another topic discussed by the group. J. Haskamp suggested that administrative permits also be used for farmer's markets and would be added to the draft Zoning Code. J. Haskamp introduced the topic of impervious surface and opened a discussion on the recommended percentage and how was it derived. She explained how the percentages were determined. An extensive analysis was done to come up with the appropriate percentage by district based on the existing land and development cover. Two tools were used. One was the Minnesota Land Cover Classification System (MLCCS) done by the Minnesota DNR using area. Most neighborhoods fell in the 25% to 49% category which aligns closely with in the R-1, R-2, and RE standards. The second tool used sampled different neighborhoods. Calculations showed that the he majority of those lots fell below 35%. Lots above 35% would use Best Managements Practices as prescribed by the state of Minnesota and the Minnesota Pollution Control Agency to help mitigate water surface management. Employing Best Managements Practices was discussed if deviating from the 35%. J. Haskamp stated that no standards exist right now for impervious surface. The shoreland district was also discussed and noted that it has not been adopted by the city. It was decided more discussion was needed to get impervious surface in the Zoning Code. It was noted that the Natural Resources Commission also needs to discuss this issue. J. Haskamp reiterated that for the purpose of this discussion the percentage goal was 35%. Any lot with up to 50% would require a Best Management Practices. Mayor Levine stated that she would like to discuss how we are going to administer/enforce our code. J. Haskamp stated that if employing Best Management Practices an escrow could be required. It could be capped at 35% and anything above that would be non -conforming and variances would then be needed. 17 of 173 J. Haskamp stated that overall these discussions about the Zoning Code were being held to maintain neighborhood quality and character. She stated that neighborhood character included the massing of structures, height of structures, and development of the parcel. When the analysis was done for impervious surface the percentage came in at 30 to 35% of the lot that is developed. This percentage would help regulate neighborhood character. J. Haskamp asked if this information was ready to be presented to the public. It was the consensus of the group that it was. J. Haskamp presented information on the proposed Traditional Neighborhood Overlay District (TN- 0). The TN-0 was specific to areas in the city that were platted prior to 1982. The purpose of the proposed TN-0 was to try to protect neighborhood character and allow flexibility from dimensional standards. Haskamp noted that depending on the objective the establishment of a TN-0 may not necessarily be the right tool. While a TN-0 does provide flexibility to neighborhoods/plats that meet certain criteria, the use of "exception" language based on the metrics such as those built prior to 1982 and substandard lot size or lot area may be just as effective. This would capture a vast majority of the lots and give flexibility to property owners. It was the censuses that new language would be much simpler. Future meeting topics would be murals/wall signs and white vinyl fencing. ADJOURNMENT Mayor Levine adjourned the meeting at 6:46 p.m. Stephanie B. Levine, Mayor ATTEST: Nancy Bauer, City Clerk 18 of 173 19 of 173 6c CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES OCTOBER 24, 2023 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, October 24, 2023 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Commissioners Cindy Johnson, Brian Petschel, Brian Udell, Jason Stone, and Andrew Katz. Those absent: Commissioner Patrick Corbett. Approval of Agenda The agenda was approved as submitted. Approval of September 26, 2023 Minutes COMMISSIONER STONE MOVED, SECONDED BY COMMISSIONER KATZ, TO APPROVE THE MINUTES OF SEPTEMBER 26, 2023. AYES: 6 NAYS: 0 Hearings A) PLANNING CASE 2023-21 CHRISSY AND MIKE RUIZ, 2477 BRIDGEVIEW COURT — WETLAND PERMIT Planning Consultant Jennifer Haskamp explained that the applicants are seeking an after -the -fact Wetlands Permit for the installation of stairs and walkway to the pond on the property located at 2477 Bridgeview Court. The applicants have already installed the improvements within the wetland buffer and setback area, but all work has stopped once directed by City staff. The purpose of this report is to consider and determine next steps regarding the request. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. She stated that they have since received letters of support for the project. Planning Consultant Jennifer Haskamp provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City's website). Staff recommended approval of this application based on the findings and with conditions. October 24, 2023 Mendota Heights Planning Commission Meeting Page 1 of 14 20 of 173 Commissioner Katz referenced the comment that similar permits have been given to access wetlands but could not recall reviewing such a request. He acknowledged that all of the work has already been done but noted that his concern is whether this would have been approved ahead of the work being done. He asked if staff went to the site to see if neighbors have similar things. Planning Consultant Jennifer Haskamp replied that she did not go out to this location, but it was her understanding that there were other places in town where access was provided to the pond for ice skating, although perhaps those are not as extensive. Public Works Director Ryan Ruzek commented that there were other encroachments to the same pond. He commented that on Rogers Lake people clear areas to bring in a dock or small boat and this would be a similar situation. Commissioner Stone agreed that there are similar situations on other ponds in the community but noted that in those instances perhaps those property owners requested the proper permission. He provided some examples that he has seen. He stated that he understands the reason someone would want to have that feature but would also think they should follow the process. He acknowledged that the homeowner was probably not aware of the rules. Commissioner Johnson commented that an s or c curve would have been preferred. She stated that it looks like the stairs do not go all the way down to the water and asked the distance between the steps and the water. Public Works Director Ryan Ruzek replied that he is unsure of the normal water level as the water could be low right now. He estimated about five feet from the edge of the water. Commissioner Petschel commented that he would guess that several storm sewers dump into this pond. Commissioner Johnson commented that it is important for residents to come before the Commission as there are things that can be done to mitigate. Commissioner Petschel commented that he understands the desire for an s or c curve but the practical impact of that limited area versus dozens to hundreds of acres of pavement that dump into the storm sewer system and end up in this pond. Commissioner Johnson commented that best practices still need to be followed. Commissioner Petschel commented that he was unsure there was a best practice for this type of thing. Commissioner Katz asked the ordinance regulation related to structures of this nature next to a wetland. He recognized that the water level may be low this year because of the drought and asked what would prevent the homeowner from wanting to extend further in the future and whether a future permit would be required for that type of work. October 24, 2023 Mendota Heights Planning Commission Meeting Page 2 of 14 21 of 173 Commissioner Stone confirmed that a new permit would be needed for additional work as this is just covering the work that has been done. Commissioner Petschel commented that they have historically allowed this type of structure near a wetland. Commissioner Katz asked what the ordinance states. Public Works Director Ryan Ruzek replied that currently the City does not have a shoreland regulation and is working on that. He stated that currently the wetland ordinance states that any permanent structures within the wetland boundary requires a wetlands permit. He stated that there are no conditions or restrictions today, but they hope to adopt a new ordinance in the future. Chair Field referenced the staff recommendation, condition four, and asked if it would be the intention that an escrow would be assigned to the project. Planning Consultant Jennifer Haskamp replied that an escrow is required as part of the submission and therefore that would be retained. Chair Field opened the public hearing. Chrissy and Mike Ruiz, applicants, apologized for his drawing noting that there is an s curve. He commented that if they would have known, they would have applied for the permit before completing the work. He commented that the improvement provides access to the pond. He stated that the pond and life of the pond is important to them. He stated that they worked with the DNR and University of Minnesota and will be taking a class about clean water landscaping, with a potential to receive grant funding. He commented that the vegetation removed was buckthorn and they plan to replant native vegetation in the spring. Mrs. Ruiz commented that their whole neighborhood skates on the pond and access had become a safety issue. She noted that the stairs will allow the kids to access the pond safely. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER JOHNSON, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER STONE MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF THE AFTER -THE -FACT WETLANDS PERMIT TO CHRISSY AND MIKE RUIZ FOR THE PROPERTY LOCATED AT 2477 BRIDGEVIEW COURT, TO ALLOW THE INSTALLED CONCRETE STEPS, BOULDERS, AND WALKWAY TO REMAIN AND TO REESTABLISH A NATIVE PLANT BUFFER WITHIN October 24, 2023 Mendota Heights Planning Commission Meeting Page 3 of 14 22 of 173 THE CONSTRUCTION AREA IN THE SPRING, BASED ON THE FINDINGS -OF -FACT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE CONCRETE STEPS AND BOULDERS AS INSTALLED ARE PERMITTED TO REMAIN, BUT NO ADDITIONAL CONSTRUCTION OR IMPROVEMENTS ARE PERMITTED UNDER THIS WETLANDS PERMIT. 2. THE APPLICANTS SHALL SUBMIT A DETAILED LANDSCAPE PLAN INCLUDING PLANT SCHEDULE IN THE SPRING OF 2024 PRIOR TO INSTALLATION. THE PLAN SHALL BE REVIEWED BY THE CITY'S NATURAL RESOURCES COORDINATOR TO ENSURE THAT THE PLANT SCHEDULE COMPLIES WITH THE CITY'S APPROVED NATIVE PLANT LIST. 3. ANY NEW EXCAVATING, GRADING, AND/OR CONSTRUCTION ACTIVITY WILL BE IN COMPLIANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL REGULATIONS AND CODES, AS WELL AS IN COMPLIANCE WITH THE CITY'S LAND DISTURBANCE GUIDANCE DOCUMENT. FULL EROSION/SEDIMENTATION MEASURES SHALL BE REVIEWED BY THE CITY'S PUBLIC WORKS DIRECTOR AND SHALL BE MAINTAINED PER THEIR DIRECTION THROUGH PROJECT COMPLETION. 4. PRIOR TO THE RELEASE OF ANY ESCROW PAYMENT, ALL DISTURBED AREAS IN AND AROUND THE PROJECT SITE, INCLUDING THE BUFFER AREA, SHALL BE RESTORED AND HAVE AN ESTABLISHED, PROTECTED AND PERMANENT GROUND COVER AND NATIVE PLANTS INSTALLED. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its November 8, 2023 meeting. B) PLANNING CASE 2023-22 THOMAS JACOBSON, 2237 ROGERS COURT — LOT LINE ADJUSTMENT AND CONDITIONAL USE PERMIT Planning Consultant Jennifer Haskamp explained that the applicant, Thomas Jacobson, is requesting a lot line adjustment to modify the boundary between his property at 2237 Rogers Court and the property to the northeast at 2225 Rogers Court. The applicant is also requesting a conditional use permit to construct a 1,000 square foot detached garage in the rear yard of his property. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Planning Consultant Jennifer Haskamp provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City's website). Staff recommended approval of this application based on the findings and with conditions. October 24, 2023 Mendota Heights Planning Commission Meeting Page 4 of 14 23 of 173 Commissioner Petschel asked if a garage would have to have access to be considered a garage rather than a shed. Planning Consultant Jennifer Haskamp replied that specification is not made in ordinance. She stated that there is not a driveway proposed, so that would support this having a less intensive use. Chair Field opened the public hearing. Thomas Jacobson, applicant, stated that he was present to address any questions. He commented that he intends to use the space to store a collector vehicle and vintage snowmobiles. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER STONE, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER JOHNSON, TO RECOMMEND APPROVAL OF THE LOT LINE ADJUSTMENT AND CONDITIONAL USE PERMIT BASED ON THE FINDINGS -OF -FACT SUPPORTING THE REQUEST AND WITH THE FOLLOWING CONDITIONS: 1. APPLICANTS MUST RECORD THE LOT LINE ADJUSTMENT (MINOR SUBDIVISION) AT DAKOTA COUNTY INDICATING THE NEWLY REVISED PROPERTY DESCRIPTIONS FOR THE RESULING LOTS. 2. ALL TRANSFER OR DEED DOCUMENTS WHICH COVEY THE PORTION OF LANDS UNDER THE LOT LINE ADJUSTMENT AND LOT SPLIT PROCESS SHALL BE RECORDED WITH DAKOTA COUNTY. 3. IT IS THE APPLICANT'S RESPONSIBILITY TO CONFIRM WITH NORTHERN STATES POWER COMPANY (XCEL ENERGY) THAT THE PROPOSED DETACHED GARAGE DOES NOT ENCROACH ON A POWER LINE EASEMENT. THE APPLICANT MUST OBTAIN ANY REQUIRED PERMITS OR APPROVAL FROM XCEL PRIOR TO CONSTRUCTION. 4. THE EXTERIOR OF THE PROPOSED DETACHED GARAGE MUST BE IN HARMONY WITH THE EXISTING PRIMARY STRUCTURE. 5. THE EXISTING SHED MUST BE DEMOLISHED WITHIN SIX MONTHS OF APPROVAL OF THE CONDITIONAL USE PERMIT AND LOT LINE ADJUSTMENT. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its November 8, 2023 meeting. October 24, 2023 Mendota Heights Planning Commission Meeting Page 5 of 14 24 of 173 C) PLANNING CASE 2023-23 THOMAS AND MAUREEN KEELEY, 1661 MAYFIELD HEIGHTS ROAD — MRCCA PERMIT Planning Consultant Jennifer Haskamp explained that Thomas and Maureen Keeley, applicants and owners, of the property located at 1661 Mayfield Heights Road are requesting a Mississippi River Corridor Critical Area (MRCCA) Permit to demolish an existing detached garage and construct a new detached garage. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Planning Consultant Jennifer Haskamp provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City's website). Staff recommended approval of this application based on the findings and with conditions. Chair Field asked if the Commission would be delegating the review of the restoration plan to staff as it was not included. Planning Consultant Jennifer Haskamp confirmed that would be the approach recommended. Chair Field opened the public hearing. No comments made. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER STONE, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 Commissioner Petschel referenced item four in the staff recommendation and asked if that language would need to be altered to include the restoration plan. Planning Consultant Jennifer Haskamp stated that the restoration plan is addressed in item two, but the language could be strengthened in item four to include that within the letter of credit. She provided language that could be added. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER UDELL, TO RECOMMEND APPROVAL OF THE MRCCA-CRITICAL AREA PERMIT REQUEST FOR 1661 MAYFIELD HEIGHTS ROAD, WITH THE FOLLOWING CONDITIONS: October 24, 2023 Mendota Heights Planning Commission Meeting Page 6 of 14 25 of 173 1. A BUILDING PERMIT, INCLUDING A GRADING PLAN, MUST BE APPROVED BY THE CITY PRIOR TO THE COMMENCEMENT OF ANY SITE WORK. 2. A FULL RESTORATION PLAN FOR THE AREA WHERE THE DEMOLITION OF THE EXISTING GARAGE AND DRIVEWAY MUST BE SUBMITTED FOR REVIEW AND APPROVAL BY THE NATURAL RESOURCES COORDINATOR. GENERALLY, THE APPLICANT'S DESCRIPTION TO FILL AND SEED THE AREA WITH GRASS IS PERMITTED, BUT THE RESTORATION PLAN MUST BE UPDATED TO INCLUDE THE INCLUSION OF NATIVE PLANTS. 3. ALL DISTURBED AREAS IN AND AROUND THE PROJECT SITE SHALL BE PROPERLY PROTECTED OVER THE WINTER MONTHS UNTIL SUCH TIME THE PLANTING AND RESTORATION PLAN CAN BE INSTALLED IN THE SPRING OF 2024. 4. A LETTER OF CREDIT (LOC), BOND OR OTHER ACCEPTABLE FINANCIAL GURANTEE AS DETERMINED BY THE CITY SHALL BE SUBMITTED FOR THE DEMOLITION OF THE EXISTING GARAGE AND DRIVEWAY, AND THE RESTORATION PLAN. SUCH GURANTEE SHALL BE SUBMITTED WITH THE APPLICATION FOR A BUILDING PERMIT. 5. THE PROPOSED PROJECT MUST COMPLY WITH ALL REQUIREMENTS OF THE CITY'S LAND DISTURBANCE GUIDANCE DOCUMENT. ALL PLANS MUST BE REVIEWED AND APPROVED BY THE PUBLIC WORKS DIRECTOR. 6. ALL EROSION CONTROL REQUIREMENTS AS APPROVED IN THE EROSION CONTROL PLAN MUST BE PUT IN PLACE PRIOR TO THE COMMENCEMENT OF ANY GRADING AND SITE WORK ACTIVITIES. SUCH MEASURES MUST REMAIN IN PLACE FOR THE DURATION OF THE CONSTRUCTION ACTIVITIES UNTIL PROPER SITE RESTORATION PLANS ARE COMPLETED. 7. ALL GRADING AND CONSTRUCTION ACTIVITY MUST COMPLY WITH APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS AND CODES. 8. ALL WORK ON SITE WILL ONLY BE PERFORMED BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. MONDAY THROUGH FRIDAY; 9:00 A.M. TO 5:00 P.M. ON WEEKENDS. FURTHER DISCUSSION: COMMISSIONER KATZ ASKED IF THERE SHOULD BE A TIMELINE INCLUDED FOR THE LANDSCAPING/RESTORATION PLAN TO BE SUBMITTED. PLANNING CONSULTANT JENNIFER HASKAMP PROVIDED ADDITIONAL CLARIFICATION ON THE 60 DAY RULE AND 60 DAY EXTENSION THAT CAN BE GRANTED FOR REVIEW. SHE STATED THAT BECAUSE THE RESTORATION PLAN IS TIED TO THE LETTER OF CREDIT, THERE WOULD BE A FINANCIAL COMMITMENT TIED TO THAT OBLIGATION AND THEREFORE THAT WOULD BE A MOTIVATOR IN THE RESTORATION PLAN. COMMISSIONER JOHNSON ASKED IF CITY STAFF WOULD REVIEW THE RESTORATION PLAN ONCE IMPLEMENTED. October 24, 2023 Mendota Heights Planning Commission Meeting Page 7 of 14 26 of 173 PLANNING CONSULTANT JENNIFER HASKAMP CONFIRMED THAT THERE WOULD BE A SITE VISIT TO DETERMINE THAT THE RESTORATION PLAN WAS FOLLOWED AND IS ESTABLISHED. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its November 8, 2023 meeting. D) PLANNING CASE 2023-24 DANIEL AND KAREN BOGG, 809 HAZEL COURT — VARIANCE AND CONDITIONAL USE PERMIT Planning Consultant Jennifer Haskamp explained that Daniel and Karen Bogg are requesting a conditional use permit and a variance to construct a covered entry on the front of their house. The proposed entry extends about one foot into the City's permitted 25-foot front porch setback. It also exceeds the City's 50 square foot maximum for front porches by approximately four -square feet. The applicants submitted written consent from all property owners within 100 feet of the boundaries of the subject property, therefore the requirement for a public hearing notice has been waived for the variance request. However, a CUP is still required and therefore a public hearing notice was placed in the Pioneer Press; no comments or objections to this request were received. Planning Consultant Jennifer Haskamp provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City's website). Staff recommended approval of the conditional use permit for a 50-square foot front porch and denial of the requested variances with the CUP conditions as noted in the staff report. Commissioner Petschel asked if the lot is nonconforming as it does not have 100 feet of frontage. Planning Consultant Jennifer Haskamp replied that the lot does have 100 feet of frontage. Commissioner Petschel asked if the house is inside of the 30-foot setback. Planning Consultant Jennifer Haskamp replied that the home is setback by approximately 30 feet, but recognized that perhaps it does encroach a few inches into that setback. Commissioner Stone asked if the concern is one foot on one side and four feet on the other side. Planning Consultant Jennifer Haskamp replied that the front porch would encroach by about one foot and the overall size of the structure exceeds the maximum allowed by four feet. She stated that if the width of the front porch were reduced by six inches along the width, the structure would become conforming. October 24, 2023 Mendota Heights Planning Commission Meeting Page 8 of 14 27 of 173 Commissioner Stone noted that all of the neighbors have signed in support of the structure, noting that this property is located on a dead-end cul-de-sac. Planning Consultant Jennifer Haskamp commented that is a challenge from the ordinance. She commented that while it is great that the neighbors support the project, the criteria still have to be met. Chair Field asked if it would be appropriate to have two separate votes on this matter. Planning Consultant Jennifer Haskamp replied that two motions could be made, or one motion, however the Commission is comfortable. Chair Field opened the public hearing. Daniel Bogg, applicant, stated that when they submitted the application for a variance and CUP, it was their understanding that the request could be considered due to unique circumstances not created by the property owner. He stated that the unique circumstance to this property is where the home was built with a very limited setback from the cul-de-sac. He stated that the yellow band showing the setback does encroach into the home. He noted that this request is about four -square feet. He stated that a covered entry is needed for their home, not only for those coming and going to the property, but the residents living there. He commented that the home was built with very little to no setback and it is very flat. He stated that they always wanted to construct a covered entryway and they saved for the past 12 years to get to this point, to now debate about four square feet. He stated that the architect did many dimensional checks of this property and those of the neighbors related to the setback. He stated that the problem they face is that the original concrete pad that was put on the home was very small and the elevation lends itself to a step. He stated that they requested a six-foot pad rather than a five-foot pad to ensure a group of people entering the home would all be covered by the porch and the architect agreed as it was more dimensionally in line with the home as well. He stated that the design is a simple column with an arched cover which is welcoming and still open. He stated that when he submitted the variance request, he felt that the unique setback and location where the home was built caused the problem. He stated that after speaking with staff, the better description would be protection from the elements. He stated that his home faces due east and therefore the morning sun shines onto the front of their property. He recognized that this seems like a minimal request, but the additional space will provide additional protection of the residents and those that live there and visit. He stated that if he would have known more about the process and the staff recommendation for denial, he would have asked his neighbors to attend in person. He stated that he spoke with each of his neighbors in person, sharing his plans, and they all support the project. He noted that each of the neighbors did sign the notice of intent as stated earlier by staff. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER JOHNSON MOVED, SECONDED BY COMMISSIONER UDELL, TO CLOSE THE PUBLIC HEARING. October 24, 2023 Mendota Heights Planning Commission Meeting Page 9 of 14 28 of 173 AYES: 6 NAYS: 0 Commissioner Petschel stated that the only practical difficulty he can see is that the front yard setback of the home is nonconforming, but was unsure if that would make a difference to the respective area. Planning Consultant Jennifer Haskamp replied that would be very close. She stated that part of the challenge for staff was the issue of precedent and therefore if there is something specific to the parcel that would help in terms of the variance analysis. Commissioner Petschel stated that malsighting of the home has been used as a reason for a practical difficulty and therefore he would suggest that could fit in this instance. He respected that the neighbors support the project but noted that even if neighbors did not support the project, a case should receive the same review. Commissioner Udell commented that the curve as shown on the map should be treated as correct and then it does show it going into the home. He commented that this is an unenviable position in terms of where the home is positioned. Chair Field commented that it would seem that the placement of the home given the cul-de-sac and its arc makes the practical difficulty. Planning Consultant Jennifer Haskamp reviewed updated findings -of -fact that could be used to support the variance. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER STONE, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT AND VARIANCES FOR A 54 SQUARE FOOT FRONT PORCH FOR 809 HAZEL COURT, BASED ON REVISED FINDINGS -OF -FACT AND WITH THE FOLLOWING CONDITIONS: 1. A BUILDING PERMIT, INCLUDING GRADING PLAN, MUST BE APPROVED BY THE CITY PRIOR TO THE COMMENCEMENT OF ANY SITE WORK. 2. THE PROPOSED PROJECT MUST COMPLY WITH ALL REQUIREMENTS OF THE CITY'S LAND DISTURBANCE GUIDANCE DOCUMENT. ALL PLANS MUST BE REIVEWED AND APPROVED BY THE PUBLIC WORKS DIRECTOR. 3. ALL EROSION CONTROL REQUIREMENTS AS APPROVED IN THE EROSION CONTROL PLAN MUST BE PUT IN PLACE PRIOR TO THE COMMENCEMENT OF ANY GRADING AND SITE WORK ACTIVITIES. SUCH MEASUSRES MUST REMAIN IN PLACE FOR THE DURATION OF THE CONSTRUCTION ACTIVITIES UNTIL PROPER SITE RESTORATION PLANS ARE COMPLETED. 4. ALL GRADING AND CONSTRUCTION ACTIVITY MUST COMPLY WITH APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS AND CODES. October 24, 2023 Mendota Heights Planning Commission Meeting Page 10 of 14 29 of 173 5. ALL WORK ON SITE WILL ONLY BE PERFORMED BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. MONDAY THROUGH FRIDAY; 9:00 A.M. TO 5:00 P.M. ON WEEKENDS. FURTHER DISCUSSION: CHAIR FIELD COMMENTED THAT IN THE ABSENCE OF THE HOUSE PLACEMENT AND SETBACK/CUL-DE-SAC, HE WOULD NOT HAVE BEEN ABLE TO SUPPORT APPROVAL OF THE VARIANCES. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its November 8, 2023 meeting. E) PLANNING CASE 2023-26 JOHNSON RIELAND BUILDERS AND REMODELERS, 2507 AND 2511 CONDON COURT — LOT LINE ADJUSTMENT AND VARIANCE Planning Consultant Jennifer Haskamp explained that the applicant, Johnson Reiland Builders and Remodelers, is requesting a lot line adjustment to modify the boundary between 2507 Condon Court and the property directly to the south at 2511 Condon Court. The applicant is also requesting a variance from the 100-foot width requirement for lots in R-2 districts. Dick Bjorklund Properties, LLC owns both properties and intends to build a duplex with one unit on each parcel address (0 lot line on shared property line). Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Planning Consultant Jennifer Haskamp provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City's website). Staff recommended approval of this application based on the findings and with conditions. Commissioner Stone asked if the idea is to build two more twinhomes that would be identical to those that already exist. He asked if there would be trees providing separation from the road. Chair Field commented that the only thing before the Commission tonight would be the lot split. Planning Consultant Jennifer Haskamp commented that they would need to go back to 2015 to see if there were any conditions placed on that change. Chair Field noted that at some point a site plan may come forward that would have those details. Commissioner Petschel asked if lot 2 was nonconforming going back to 2015. October 24, 2023 Mendota Heights Planning Commission Meeting Page I I of I4 30 of 173 Planning Consultant Jennifer Haskamp replied that it became nonconforming in 2022, when the lot split request was approved. She noted that approval included a variance for that frontage. Commissioner Johnson believed that one of the conditions of that lot split was that the oak trees along Mendota Heights Road would remain. Planning Consultant Jennifer Haskamp noted that they could reinforce in the conditions tonight that any conditions from Resolution #2022-20 would carry forward related to landscaping/vegetation. Commissioner Johnson stated that the trees could have been included in the vacation of right-of- way request. Commissioner Stone commented that he is not opposed to something being built but would like to see that buffer. Chair Field opened the public hearing. Paul Rieland, applicant, provided an aerial photo with the existing vegetation on the site. He commented that it is their intention to keep the oak trees. He commented that the original developer is retired and asked his company to complete the project. He appreciated the opportunity to work with the City. He commented that he is agreeable with what has been presented by the previous developer and engineer in terms of vegetation. Chair Field commented that Commissioner Johnson had recalled the previous vegetation requirements and asked if the applicant would agree to those. Public Works Director Ryan Ruzek replied that there was a condition that the oak trees could not be removed and noted that was the only vegetation related condition from previous requests. Mr. Rieland confirmed that they are aware of that requirement and comfortable with that. Commissioner Johnson asked about the plans to protect the oak trees. Mr. Rieland provided details on the process they would use to protect the trees. He noted that these homes would be slab on grade, which is different than the other homes but would still fit well into the area. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER JOHNSON, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 October 24, 2023 Mendota Heights Planning Commission Meeting Page 12 of 14 31of173 Commissioner Johnson stated that she will be abstaining from this vote because of her professional relationship with the builder. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER STONE, TO RECOMMEND APPROVAL OF THE LOT LINE ADJUSTMENT AND VARIANCE BASED ON THE FINDINGS -OF -FACT SUPPORTING THE REQUEST AND WITH THE FOLLOWING CONDITIONS: 1. APPLICANTS MUST RECORD THE LOT LINE ADJUSTMENT AT DAKOTA COUNTY INDICATING THE NEWLY REVISED PROPERTY DESCRIPTIONS FOR THE RESULTING LOTS. 2. ALL TRANSFER OR DEED DOCUMENTS WHICH CONVEY THE PORTION OF LANDS UNDER THE LOT LINE ADJUSTMENT AND LOT SPLIT PROCESS SHALL BE RECORDED WITH DAKOTA COUNTY. 3. ALL PRIOR CONDITIONS RELATED TO LANDSCAPING/VEGETATION SPECIFIC TO THE OAK TREES FROM PRIOR CASES WOULD CARRY FORWARD AND REMAIN IN EFFECT. AYES: 5 NAYS: 0 ABSTAIN: 1 (JOHNSON) Chair Field advised the City Council would consider this application at its November 8, 2023 meeting. New Business A) PLANNING CASE 2023-20 HEATHER STEFANSKI, 614 HIDDEN CREEK TRAIL — LOT LINE ADJUSTMENT AND VARIANCE Planning Consultant Jennifer Haskamp explained that applicant Heather Stefanski is requesting a variance and lot line adjustment to modify the boundary between her property at 641 Hampshire Drive and the property directly to the west at 645 Hampshire Drive. Tim and Eileen Wilkin own the neighboring property and are in support of both applications. The prior owner of the subject property installed landscaping and a shed on a permanent foundation along what was believed to be the western boundary of the subject property. After purchasing the subject property, the applicant built a fence along the lot line that was believed to be accurate. The applicant later discovered that the fence, landscaping, and shed actually reside on the neighboring lot owned by the Wilkins. The variance and lot line adjustment applications are intended to align the legal boundaries of both lots with the physical improvements. The Wilkins have agreed to sell 1,077 square feet to the applicant so that the property line can be shifted approximately six feet to the west so that the respective improvements are on the subject property. The applicant submitted written consent from all property owners within 100 feet of the boundaries of the subject property, therefore the requirement for a public hearing has been waived. October 24, 2023 Mendota Heights Planning Commission Meeting Page 13 of 14 32 of 173 Planning Consultant Jennifer Haskamp provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City's website). Staff recommended approval of this application based on the findings and with conditions. Commissioner Petschel asked if both property owners are present and have agreed to the request. Heather Stefanski, applicant, commented that the other property owners could not be present but did sign the letter and agree. She stated that those property owners actually approached her to sell her that strip of land. COMMISSIONER STONE MOVED, SECONDED BY COMMISSIONER KATZ, TO RECOMMEND APPROVAL OF THE LOT LINE ADJUSTMENT AND VARIANCE BASED ON THE FINDINGS -OF -FACT SUPPORTING THE REQUEST AND WITH THE FOLLOWING CONDITIONS: 1. APPLICANTS MUST RECORD THE LOT LINE ADJUSTMENT (MINOR SUBDIVISION) AT DAKOTA COUNTY INDICATING THE NEWLY REVISED PROPERTY DESCRIPTIONS FOR THE RESULING LOTS. 2. ALL TRANSFER OR DEED DOCUMENTS WHICH CONVEY THE PORTION OF LANDS UNDER THE LOT LINE ADJUSTMENT AND LOT SPLIT PROCESS SHALL BE RECORDED WITH DAKOTA COUNTY. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its November 8, 2023 meeting. Staff Announcements / Updates Public Works Director Ryan Ruzek commented that hopefully a new Community Development Manager will be present at the November meeting for introduction. Chair Field thanked Planning Consultant Jennifer Haskamp for all the work she has done to assist. Adjournment COMMISSIONER STONE MOVED, SECONDED BY COMMISSIONER UDELL, TO ADJOURN THE MEETING AT 9:02 P.M. AYES: 6 NAYS: 0 October 24, 2023 Mendota Heights Planning Commission Meeting Page 14 of 14 33 of 173 6d CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES November 28, 2023 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, November 28, 2023 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Commissioners Patrick Corbett, Cindy Johnson, Brian Udell, Jason Stone, and Andrew Katz. Those absent: Commissioner Brian Petschel. Approval of Agenda The agenda was approved as submitted. Approval of October 24, 2023 Minutes Commissioner Katz noted on page five there are some formatting issues for condition three. He stated that beginning on page seven, some of the last names are highlighted. He also noted a formatting issue on pages eight, nine, and 12. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER STONE, TO APPROVE THE MINUTES OF OCTOBER 24, 2023 WITH THE NOTED CORRECTIONS. AYES: 6 NAYS: 0 Chair Field welcomed the new Community Development Manager Sarah Madden, who joined the City the previous day. Community Development Manager Sarah Madden introduced herself and stated that she is excited to learn more about the Commission and the community. Hearings A) PLANNING CASE 2023-27 DAVID ELLIS, 1037 MAYFIELD — MRCCA, CUP AND VARIANCE Planning Consultant Jennifer Haskamp stated that David Ellis, the applicant and owner of the property located at 1037 Mayfield Heights Lane is requesting a Mississippi River Corridor Critical Area (MRCCA) Permit and variances from the required side -yard and backyard setbacks to construct an addition to the existing single-family residence. As part of the application review, staff determined that a Conditional Use Permit (CUP) is also needed to construct a covered front stoop that encroaches (approximately three feet) into the front yard setback. November 28, 2023 Mendota Heights Planning Commission Meeting Page 1 of 9 34 of 173 Hearing notices were published and mailed to all properties within 350-ft. of the site; one comment was received from a neighbor who wanted to ensure that there would be no impacts to their property as a result. Planning Consultant Jennifer Haskamp provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City's website). Staff recommended approval of this application based on the findings and with conditions. Commissioner Corbett asked if the approvals would be all or nothing. Planning Consultant Jennifer Haskamp confirmed that the approvals are interrelated and would need to either be approved or denied together. Commissioner Johnson referenced the issue of stormwater, which is proposed to be piped to a catch basin and asked for more details. Planning Consultant Jennifer Haskamp replied that the drainage plan has not yet been approved and noted that the applicant would need to follow the Land Disturbance Guidance document and the stormwater permitting process which is reviewed by the Public Works Director. Public Works Director Ryan Ruzek replied that per City Code, an addition to an existing residential property is exempt from stormwater requirements. He stated that he has not yet reviewed the grading plan for the site. He stated that because this property is on the bluff, State laws would prohibit infiltration within a distance of certain features. Chair Field asked if there would be an impact to the utility easement along the property line. Public Works Director Ryan Ruzek stated that he was not aware of the neighbor's concern and will review to determine where the utilities lie. He stated that generally the side lot line is five feet, and this would only encroach into the side yard setback and not the easement. Commissioner Corbett asked if staff worked with the applicant to determine if this could be achieved without variances. Planning Consultant Jennifer Haskamp replied that they did review options to potentially locate on the other side of the property. She noted that the size of the addition is the choice of the applicant. Commissioner Corbett asked if the applicant considered adding the square footage as a second level. Planning Consultant Jennifer Haskamp replied that they did not speak about that option. November 28, 2023 Mendota Heights Planning Commission Meeting Page 2 of 9 35 of 173 Commissioner Johnson thanked the applicant for the detailed landscaping plan, noting two items on the plant list which are labeled NA. She referenced the areas denoted in pink which will retain existing vegetation and noted that it would be helpful to have the species detail to ensure they are not keeping invasive species. Chair Field opened the public hearing. David Ellis, applicant, stated that he has lived in the home for 25 years and loves his neighborhood. He stated that he is excited about the project and believes it will be a great addition to his community. He stated that he does not have the names of plant materials. Commissioner Stone noted that the applicant is using Lilydale Landscaping, which is an experienced company. Mr. Ellis commented that he could get that information from his contractor. Commissioner Corbett asked how much investigation there was to making an addition that would conform to the setbacks. Mr. Ellis commented that he wanted to avoid the other side as that is more protected. He stated that this addition would provide him with the needed space. He commented on medical issues he has experienced which led him away from adding stairs for a second level. He stated that his architect stated that this would be a small sliver of encroachment on the setback. Cecelia Robinson, 2136 4 Parkway in Saint Paul, commented that she is helping to manage the project. She stated that when they considered adding a second level it was avoided because of the hand framing of the existing roof structure along with the desire to keep the home one level. Commissioner Corbett asked if there was consideration for a non -square addition. Mr. Ellis stated that they did consider that but preferred the additional space as he is investing in the home to ensure that his family can continue to be comfortable in the home. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER JOHNSON, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER STONE, TO RECOMMEND APPROVAL OF THE MRCCA PERMIT, VARAINCE REQUESTS, AND CONDITIONAL USE PERMIT REQUEST FOR 1037 MAYFIELD HEIGHTS LANE, WITH THE FOLLOWING CONDITIONS: November 28, 2023 Mendota Heights Planning Commission Meeting Page 3 of 9 36 of 173 1. A BUILDING PERMIT, INCLUDING A GRADING PLAN, MUST BE APPROVED BY THE CITY PRIOR TO THE COMMENCEMENT OF ANY SITE WORK. 2. THE PROPOSED PROJECT MUST COMPLY WITH ALL REQUIREMENTS OF THE CITY'S LAND DISTURBANCE GUIDANCE DOCUMENT. ALL PLANS MUST BE REVIEWED AND APPROVED BY THE PUBLIC WORKS DIRECTOR. 3. ALL EROSION CONTROL REQUIREMENTS AS APPROVED IN THE EROSION CONTROL PLAN MUST BE PUT IN PLACE PRIOR TO THE COMMENCEMENT OF ANY GRADING AND SITE WORK ACTIVITIES. SUCH MEASURES MUST REMAIN IN PLACE FOR THE DURATION OF THE CONSTRUCTION ACTIVITIES UNTIL PROPER SITE RESTORATION PLANS ARE COMPLETED. 4. ALL GRADING AND CONSTRUCTION ACTIVITY MUST COMPLY WITH APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS AND CODES. 5. ALL WORK ON SITE WILL ONLY BE PERFORMED BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. MONDAY THROUGH FRIDAY AND 9:00 A.M. TO 5:00 P.M. ON WEEKENDS. 6. CONSTRUCTION ACTIVITIES SHALL BE CONTAINED ONSITE. ANY ENCROACHMENT MAY REQUIRE A CONSTRUCTION EASEMENT WITH ADJACENT/NEIGHBORING PROPERTY. Further discussion: Commissioner Corbett commented that there have been multiple cases like this, which may have even been less of a request, but were denied and made to conform with the setbacks. He appreciated the planning and design but noted that they would appear to come down to financial aspects, which is not a suitable reason. He commented that the property may be irregular, but that has been the same in previous requests that have been denied and therefore would support consistency. Commissioner Johnson noted that a second level could not be added because of the framing of the existing home, which could not support the additional load. Commissioner Corbett stated that while it would be inconvenient and a higher cost, there would be options to do that and ways to add space that would conform to the standards. AYES: 5 NAYS: 1 (Corbett) Chair Field advised the City Council would consider this application at its December 6, 2023 meeting. B) PLANNING CASE 2023-28 GLENN BARON, 1415 MENDOTA HEIGHTS ROAD — CUP AND VARIANCE Planning Consultant Jennifer Haskamp explained that Glenn Baron, the applicant and owner of the property located at 1415 Mendota Heights Road is requesting a Conditional Use Permit (CUP) to construct outdoor Padel and Pickleball courts (outdoor recreation) and a Variance from City Code Section 12-1D-15(E), which prohibits signs that are painted directly on the outside wall of buildings. November 28, 2023 Mendota Heights Planning Commission Meeting Page 4 of 9 37 of 173 Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Planning Consultant Jennifer Haskamp provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City's website). Staff recommended approval of this application based on the findings and with conditions. Commissioner Corbett asked the justification for painting versus a sign. Planning Consultant Jennifer Haskamp replied that the practical difficulty is the orientation of the building, how it sits, and for the purpose of wayfinding. Commissioner Corbett asked if a regular sign was considered as this is a prohibited application for signage. Planning Consultant Jennifer Haskamp replied that a sign would not be permitting either in the interpretation of the ordinance. Commissioner Corbett commented that there would seem to be some type of signage that would be applicable. Planning Consultant Jennifer Haskamp replied that the applicant does have the right to request a variance. She stated that the applicant originally requested a mural and in the way the sign ordinance is drafted, murals are not addressed. She stated that if the wall were painted with a mural that would not be addressed by the ordinance. She stated that the ordinance does say a sign cannot be painted on a wall and therefore a variance can be requested from that standard. She stated that there is ambiguity between signage and mural. She stated that a monument sign could be used. Chair Field asked how much signage the applicant could have if a sign were allowed. Public Works Director Ryan Ruzek replied that this would be about 100 square feet. Planning Consultant Jennifer Haskamp replied that this is also a multi -tenant building which has additional signage provisions. She stated that this is also an industrial property which would allow a comprehensive sign package that would provide additional flexibility. She stated that she is not sure where a mural would fit and perhaps that is something that should be considered more comprehensively. She noted that the City has provided flexibility to its sign standards. Commissioner Stone commented that the signage on the building looks nice and believed that this would also look nice. November 28, 2023 Mendota Heights Planning Commission Meeting Page 5 of 9 38 of 173 Planning Consultant Jennifer Haskamp commented that there has been a trend towards more murals and painted buildings and many cities are addressing that through a conditional use permit process. Commissioner Corbett commented that while he appreciates the discussion, he would think there should be more consideration towards why it was expressly prohibited. Commissioner Stone commented that while he agrees, when driving through that area there are buildings that need to be updated and this building is being updated in a way that benefits and improves the community. Commissioner Corbett commented that he agrees that the space looks nice, and he has talked with the business about becoming a member. He stated that he is not against this but believes that it would warrant serious and further review. He stated that they should at least consider what the previous concerns were that prohibited this use. Chair Field opened the public hearing. Glenn Baron, applicant, commented that they liked the look of the proposed sign. He stated that in terms of wayfinding, the entry to the club is by the dock area and this would provide wayfinding to direct people around the side of the building. He stated that while a monument sign could be used, he did not believe it would be as effective. Commissioner Corbett asked if the applicant explored using anti -graffiti metal signage. Mr. Baron replied that he was told that was not allowed, which is why they proposed painting on the building. Planning Consultant Jennifer Haskamp replied that would also not be allowed. Mr. Baron replied that they could explore a sign, but believed that was also not allowed. Commissioner Corbett commented that he agrees that it looks clean, but perhaps in five years it would not look the same. Mr. Baron commented that if the painting fades or needs attention, they would repaint. Commissioner Johnson asked if the applicant has thought about putting entrance along with the arrow. Mr. Baron commented that could be a good idea. Commissioner Corbett asked if the applicant has considered the allowed use for the dog business's bathroom area. November 28, 2023 Mendota Heights Planning Commission Meeting Page 6 of 9 39 of 173 Mr. Baron replied that they were not aware of that but noted that they would respond to that with the placement of that space. He did not doubt that the court could be moved to the west and still have adequate space for the dog area. He confirmed that staff could check the variance to determine the exact space designation and ensure they do not conflict. Commissioner Stone asked if the applicant owns the space. Mr. Baron confirmed that he owns the building and is also a partner in the racquet club. Commissioner Stone asked if the applicant is planning any other projects. Mr. Baron replied that this is the project they have been working on and already have 90 members, with the plan to open later this week. He stated that people appreciate outdoor courts in the summer, which is why they hope to add that amenity. Commissioner Johnson asked if there would be consideration for lighting at some time. Mr. Baron replied that he is unsure that would be needed as dusk comes around 9:00 p.m. in the summertime. He commented that if there were lighting he did not think that would cause a problem as there are not homes in the area and perhaps he would come back in the future if they would like to add that. Planning Consultant Jennifer Haskamp replied that there are not specific standards to affixing a piece of wood to the building which could have the mural. She reviewed the Code language specific to industrial property and the ability to have a comprehensive signage plan which would allow exceptions to the signage regulations. She stated that there has been a similar issue with window signage, as under the strict interpretation of Code that would be affixed to the wall and would therefore be prohibited but has been allowed. She commented that there are exceptions and nuisances in the Code that make it difficult to determine the intent. Chair Field commented that the difficulty that he has is that the whole wall is the signage, and the blue color is intended to draw the attention of passing vehicles and therefore seems like a huge sign. He stated that he would hate to set a standard that would deviate and would like to find an alternative. He stated that perhaps the wall was painted blue with a sign in front of it. Commissioner Corbett commented that he understands the need for the sign as he almost walked into the dog business when trying to go into the business as you would not think the entrance is near the docks. He stated that approving this at this time would seem premature. He believed that there should be additional consideration of murals and why they were prohibited and perhaps the issue is addressed on the larger scale rather than through a variance. Commissioner Johnson asked if affixed letters on the wall would be allowed. Planning Consultant Jennifer Haskamp replied that would be allowed. Commissioner Johnson stated that lettering could then be affixed onto the wall. November 28, 2023 Mendota Heights Planning Commission Meeting Page 7 of 9 40 of 173 Chair Field commented that he would like to see it confined to 100 square feet, recognizing that the lettering may fall into that square footage but with the blue the entire wall becomes a sign. He commented on other requests the City has considered for similar signage. Planning Consultant Jennifer Haskamp replied that those other users and requests received a variance from the standard and use a comprehensive sign package. She noted that the schools are also in an R-1 district rather than the industrial district and therefore is handled differently. She stated that the square footage of the lettering was calculated while wayfinding and borders were excluded from the square footage calculation. She stated that the arrow would be considered wayfinding and would not be included in the calculation, noting that the arrow would be set around the words to determine the square footage of the sign portion. Commissioner Udell noted that the sign area would be 96 square feet, inclusive of the arrow. Commissioner Stone asked if this would be the same sign that exists on the building. Mr. Baron noted that is a banner. Planning Consultant Jennifer Haskamp commented that the building could not be painted at this time because of the weather. She provided the scenario that this were to come forward as part of a comprehensive sign package, which would allow exceptions, and asked if that would make the Commission more comfortable. Commissioner Stone commented that he likes the proposal and did not see a difference as to whether this were painted on the building or having a sign on the building. He stated that he likes the idea that this could be repainted if needed and did not see a concern. Chair Field stated that he also likes this, but as it applies to the ordinance there needs to be consistency and definition. Commissioner Corbett agreed that it would look sharp but also believes that this could be done in a conforming way. Chair Field asked if there is any timeline for the applicant. Mr. Baron replied that they would not be painting or installing the courts at this time but would like to start planning for the outdoor courts as soon as possible. Chair Field stated that perhaps they could provide a straw poll about the outdoor courts, recognizing that the issue is with the variance. He stated that perhaps this could then be tabled to allow more investigation into the signage issue. He stated that perhaps there could be a change to the ordinance to allow murals, this could then be declared a mural, and this could be approved through that method. November 28, 2023 Mendota Heights Planning Commission Meeting Page 8 of 9 41of173 Planning Consultant Jennifer Haskamp commented that may be a topic on the agenda for the meeting the following night. Commissioner Katz agreed that this could be discussed the following night with the Council and approved the following week at the City Council meeting which would allow a path forward without the variance. He stated that there is language within the Code already which would allow this type of signage through the use of a comprehensive sign package in the industrial district. Commissioner Corbett commented that this is blatantly prohibited and therefore they should pump the brakes and find a path forward. Mr. Baron commented that he thought that this looked good, but he is not married to this concept and will put up whatever is allowed by Code. He stated that if the preference is for an affixed sign, he could bring that back. Chair Field explained that the intention would be to pause this, as they will be considering some changes to the Code which could then potentially allow this. Commissioner Corbett stated that he would be okay conditionally approving the CUP based on consideration for the square footage of the dog use area. Planning Consultant Jennifer Haskamp commented that could be done, but would suggest tabling this to allow adjusting the site plan to accommodate for the dog use area. Chair Field conducted a straw poll on the outdoor courts and confirmed consensus of all the Commissioners in support of the CUP conditional upon accommodation for the dog use area. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER STONE, TO ELECT AN EXTENSION OF THE 60-DAY REVIEW PERIOD TO FEBRUARY 29, 2024 AND TABLE CONSIDERATION OF THIS REQUEST TO JANUARY 30, 2024. AYES: 6 NAYS: 0 New Business Chair Field noted that there will be an item to consider in December and confirmed the consensus of the Commission to hold the meeting on December 20, 2023. Adjournment COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER STONE, TO ADJOURN THE MEETING AT 8:30 P.M. AYES: 6 NAYS: 0 November 28, 2023 Mendota Heights Planning Commission Meeting Page 9 of 9 42 of 173 43 of 173 6e 92 i REQUEST FOR CITY COUNCIL ACTON MEETING DATE: January 9, 2024 AGENDA ITEM: Designation of Official Newspaper ITEM TYPE: ❑x Consent ❑ Presentation/Recognition ❑ Public Hearing ❑ New/Unfinished Business DEPARTMENT: Administration ACTION REQUEST: CONTACT: Nancy Bauer, City Clerk Designate the official newspaper for the city of Mendota Heights for the year 2024 as the St. Paul Pioneer Press. BACKGROUND: Minnesota Statues §412.831 requires that the City Council designate an official newspaper at the first meeting of each year. The City has received two quotes: St. Paul Pioneer Press $ 7.28 per column inch Minneapolis StarTribune $17.90 per column inch The St. Paul Pioneer Press is currently the City's official newspaper and conveniently publishes seven days a week. FISCAL AND RESOURCE IMPACT: The proposal from the St. Paul Pioneer Press is a 6.12% increase from 2023. Legal publications costs are included in the 2024 budget. ATTACHMENTS: None CITY COUNCIL PRIORITY: ❑ Economic Vitality & Community Vibrancy ❑ Environmental Sustainability & Stewardship ❑x Premier Public Services & Infrastructure ❑ Inclusive & Responsive Government 44 of 173 45 of 173 ryij REQUEST FOR CITY COUNCIL ACTON MEETING DATE: January 9, 2024 AGENDA ITEM: Designation of Acting Mayor ITEM TYPE: ❑x Consent ❑ Presentation/Recognition ❑ Public Hearing ❑ New/Unfinished Business DEPARTMENT: Administration CONTACT: Cheryl Jacobson, City Administrator ACTION REQUEST: Appoint Councilmember John Mazzitello as acting mayor for 2024. BACKGROUND: Minnesota Statutes §412.121 requires the Council choose an acting mayor at the first City Council meeting of the year. The law provides that the acting mayor shall perform the duties of the mayor during the disability or absence of the mayor from the city or in the event of a vacancy in the office of the mayor, until such time a successor has been appointed. The practice in Mendota Heights has been that the Mayor has recommended a candidate, and the Council then affirms the recommendation, or comes up with an alternate candidate. Since 2023, the acting mayor position for the City of Mendota Heights has been held by councilmember John Mazzitello. FISCAL AND RESOURCE IMPACT: None ATTACHMENTS: None CITY COUNCIL PRIORITY: ❑ Economic Vitality & Community Vibrancy ❑ Environmental Sustainability & Stewardship ❑x Premier Public Services & Infrastructure ❑ Inclusive and Responsive Government 46 of 173 47 of 173 6g REQUEST FOR CITY COUNCIL ACTON MEETING DATE: January 9, 2024 AGENDA ITEM: Resolution 2024-01 Appointments to the Mendota Heights Fire Relief Association Board of Trustees ITEM TYPE: ❑x Consent ❑ Presentation/Recognition ❑ Public Hearing ❑ New/Unfinished Business DEPARTMENT: Administration CONTACT: Cheryl Jacobson, City Administrator ACTION REQUEST: Approve Resolution 2024-01 appointing Mayor Stephanie Levine and City Clerk Nancy Bauer as municipal trustees along with Fire Chief Dave Dreelan to the Mendota Heights Fire Relief Association Board of Trustees. BACKGROUND: Minnesota Statutes 424A.04, subd. 1 requires that the city appoint three municipal trustees to the Board of Trustees for the Mendota Heights Fire Relief Association. Of the three municipal trustees, one must be an elected municipal official, one must be an elected or appointed municipal official and one must be the fire chief. Municipal trustees have all the rights and duties accorded to any other trustee, except the right to be an officer of the Relief Association. Appointments of municipal trustees is done on an annual basis or at which time a successor is determined, whichever is later. The mayor has previously been identified as the city elected official and the city clerk has been previously identified as the elected or appointment official. Dave Dreelan as Fire Chief has been appointed. FISCAL AND RESOURCE IMPACT: None ALTERNATIVE ACTION(S): None 48 of 173 ATTACHMENTS: Resolution 2024-01 CITY COUNCIL PRIORITY: ❑ Economic Vitality & Community Vibrancy ❑ Environmental Sustainability & Stewardship ❑x Premier Public Services & Infrastructure ❑ Inclusive & Responsive Government 49 of 173 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-01 A RESOLUTION APPOINTING MUNICIPAL TRUSTEES TO THE MENDOTA HEIGHTS FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES WHEREAS, the City Council of the City of Mendota Heights desires to make municipal appointments to the Board of Trustees for the Mendota Heights Fire Relief Association; and WHEREAS, Minnesota Statutes §424A.04 states the three municipal trustees must be one elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually, and the chief of the municipal fire department. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota Heights, Minnesota, as follows, that Mayor Stephanie Levine, City Clerk Nancy Bauer, and Fire Chief Dave Dreelan, are hereby appointed to serve as Municipal Trustees of the Mendota Heights Fire Relief Association for the year 2024, or until their successor has been appointed. Adopted by the Mendota Heights City Council this 9th day of January, 2024. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor ATTEST: Nancy Bauer, City Clerk 50 of 173 51 of 173 6h Enj REQUEST FOR CITY COUNCIL ACTON MEETING DATE: January 9, 2024 AGENDA ITEM: Purchase of Fire Extinguishing Training System for Public Education ITEM TYPE: 0 Consent ❑ Presentation/Recognition ❑ Public Hearing ❑ New/Unfinished Business DEPARTMENT: Fire CONTACT: Tom Mattaini, Fire Relief Association President ACTION REQUEST: Authorize the purchase of a fire extinguishing training system from DingesFire in the amount of $13,992.72 with shipping costs to be determined. BACKGROUND: The fire extinguishing training equipment would be used by the Public Education Committee several times per year, both at the fire station and offsite at various locations. This system would be used as part of safety education campaigns and community outreach programs. Due to the specialized nature of this item, there is not a competitive marketplace for the fire extinguishing equipment that would allow for multiple bids to be obtained. The quote obtained from DingesFire was for $13,992.74 with the shipping price to be determined. The manufacturer has provided notice that a 7% price increase is expected effective February 1, 2024, so it is our goal to be able to place the order prior to the price increase taking effect. FISCAL AND RESOURCE IMPACT: This is an unbudgeted expense. Funds from the Coss Family Foundation donation are available and this purchase is an eligible use within the parameters of the donation. ATTACHMENTS: Example photos of the system CITY COUNCIL PRIORITY: ❑ Economic Vitality & Community Vibrancy ❑ Environmental Sustainability & Stewardship ❑x Premier Public Services & Infrastructure ❑ Inclusive & Responsive Government 52 of 173 Attachment: 53 of 173 6i Enj REQUEST FOR CITY COUNCIL ACTON MEETING DATE: January 9, 2024 AGENDA ITEM: 2024 Financial Items ITEM TYPE: ❑x Consent ❑ Presentation/Recognition ❑ Public Hearing ❑ New/Unfinished Business DEPARTMENT: Administration CONTACT: Kristen Schabacker, Finance Director ACTION REQUEST: Adopt Resolution 2024-02 Establishing 2024 City Depositories, Resolution 2024-03 Accepting Pledged Securities for 2024 and Authorize the Finance Director to execute electronic payments and prepay claims. BACKGROUND: There are 3 items that need to be reviewed by Council on an annual basis: • Each year the City designates financial institutions that may be used as depositories for City funds. • Minnesota State Statute 118A.03 requires that to the extent City funds in a financial institution exceeds the FDIC insurance amounts, a collateral security be pledged to cover the difference. • Council authorizes the Finance Director to execute electronic payments and prepay claims. FISCAL AND RESOURCE IMPACT: None ATTACHMENTS: Resolution 2024-02; Resolution 2024-03 CITY COUNCIL PRIORITY: ❑ Economic Vitality & Community Vibrancy ❑ Environmental Sustainability & Stewardship ❑x Premier Public Services & Infrastructure ❑ Inclusive & Responsive Government 54 of 173 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2024 - 02 RESOLUTION ESTABLISHING 2024 CITY DEPOSITORIES OF FUNDS BE IT RESOLVED by the city council of the City of Mendota Heights that the following institutions be designated as depositories for city funds and securities for 2024: Deerwood Bank Wells Fargo Bank Cherokee State Bank Gateway Bank U.S. Bancorp Piper Sandler TCF National Bank TD Ameritrade Minnesota Municipal Money Market Fund Wells Fargo Advisors, Inc. BE IT FURTHER RESOLVED that investments of city funds be in any securities authorized by Minnesota Statutes Chapters 118A.04 and 427.02. Adopted by the City Council of the City of Mendota Heights this 9th day of January, 2024. BY ATTEST: Nancy Bauer, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor 55 of 173 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2024 - 03 RESOLUTION ACCEPTING PLEDGED SECURITIES FOR 2024 WHEREAS, every designated depository of city funds must provide collateral or other security to the city to protect against financial loss, pursuant to Minnesota Statutes Chapter 118A.03 and 427.01; and WHEREAS, all financial institutions designated as depositories for 2024 are members of the Federal Deposit Insurance Corporation (FDIC) which provides suitable security up to established limits; and WHEREAS, the city's depositories in financial institutions routinely exceed these established limits necessitating the provision of additional security. NOW, THEREFORE, BE IT RESOLVED that the following pledged securities be accepted by the city as additional collateral for calendar year 2024. Deerwood Bank $ 200,000 FHLB $3,240,000 FHLB 2.500% 0.750% due 08/01/2034 due 02/24/2026 Adopted by the City Council of the City of Mendota Heights this 9th day of January, 2024. By ATTEST: Nancy Bauer, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor 56 of 173 57 of 173 6j 92 i REQUEST FOR CITY COUNCIL ACTON MEETING DATE: January 9, 2024 AGENDA ITEM: Massage Therapist Licenses ITEM TYPE: ❑x Consent ❑ Presentation/Recognition ❑ Public Hearing ❑ New/Unfinished Business DEPARTMENT: Administration CONTACT: Nancy Bauer, City Clerk ACTION REQUEST: Approve three massage therapist licenses. BACKGROUND: Massage therapist license applicants Gemar Duo, Christopher Bayard, and Lindsey Monet have completed the massage therapist application requirements including a successful background investigation. The three applicants will be massage therapists at Hush Therapeutic Massage. FISCAL AND RESOURCE IMPACT: N/A ATTACHMENTS: None CITY COUNCIL PRIORITY: ❑ Economic Vitality & Community Vibrancy ❑ Environmental Sustainability & Stewardship ❑x Premier Public Services & Infrastructure ❑ Inclusive & Responsive Government 58 of 173 59 of 173 6k Enj REQUEST FOR CITY COUNCIL ACTON MEETING DATE: January 9, 2024 AGENDA ITEM: Approve Professional Services Change Order for the Emerson Avenue Street Improvements ITEM TYPE: ❑x Consent ❑ Presentation/Recognition ❑ Public Hearing ❑ New/Unfinished Business DEPARTMENT: Engineering CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: Approve Professional Services Change Order for the Emerson Avenue Street Improvements BACKGROUND: Mendota Heights entered into a professional services contract with TKDA on October 5, 2021, for the design, surveying, and construction services for the Victoria Curve and Emerson Avenue Street Improvements. The two projects were originally projected for 2022 construction. During the design of the Emerson Avenue project, Saint Paul Regional Water Services determined a desire to replace the watermain on a number of streets in the project area. Due to this substantial change in the project scope, the project was pushed back one year and will require additional efforts by TKDA to produce plans and inspect on this project. Added work includes: Design: • Removal sheets • Cross section sheets • Watermain plan and profile sheets • Watermain details • Watermain specifications • Street plan and profile (for added curb replacement) • Watermain plan review by SPRWS • Driveway and yard restoration sheets Construction: 60 of 173 • Staking of new watermain • Staking of curb replacement • Inspection support for watermain • Inspection of curb and gutter and restoration • Materials testing for soil compaction of watermain trench • Materials testing for concrete curb and gutter replacement City Council ordered the preparation of plans and specifications for the Emerson Avenue Street Improvements at the December 19, 2023, meeting by adopting resolution 2023-99. FISCAL AND RESOURCE IMPACT: The original TKDA contract for the Emerson Avenue Street Improvements is $140,700. TKDA is requesting an additional $218,400 for the added scope of work bringing the total contract to $359,100. TKDA has estimated the watermain portion of the project at $1,471,245. Mendota Heights will invoice Saint Paul Regional Water a fifteen percent (15%) fee for indirect costs which totals $220,687. Approving the TKDA change order would not have a fiscal impact to the Mendota Heights costs for the Emerson Avenue Street Improvements. ATTACHMENTS: TKDA Proposal for Additional Engineering Services CITY COUNCIL PRIORITY: ❑ Economic Vitality & Community Vibrancy ❑ Environmental Sustainability & Stewardship ❑x Premier Public Services & Infrastructure ❑ Inclusive and Responsive Government 61 of 173 ml TKDAn December 8, 2023 Via Email: rruzek c(f7mendotaheightsmn. iov Mr. Ryan Ruzek, PE Director of Public Works City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: Amendment Request #1 Emerson Avenue Area Improvements TKDA Project No. 0020210.000 Dear Mr. Ruzek: Pursuant to your request, we propose to provide additional Engineering Services for watermain design and added construction staking and inspection for the Emerson Avenue Area Street Improvements Project, hereinafter called the Project. Our services will be provided in the manner described in this Proposal subject to the terms and conditions set forth in our Master Agreement for Professional Services dated June 21, 2016 and original Project Authorization dated September 23, 2022. Hereinafter, the City of Mendota Heights is referred to as the City. TKDA was selected to provide a feasibility study, design, and inspection for the Project, to be built in 2023 as a pavement reclamation project. As the Project was being studied, Saint Paul Regional Water Services requested that watermain be replaced on a good portion of the Project. The replacement of watermain changes the Project from a simpler reclamation to a more complex hybrid of reclamation/reconstruction. The added complexity requires watermain design drawings, curb replacement (on one side), added driveway work, and added turf replacement. Based on changes to the project, we propose to provide the following engineering services: A. Watermain Design Drawings B. Additional Removal Drawings C. Curb Replacement Drawings D. Cross Section Drawings E. Construction Staking for Watermain and New Curb Replacement F. Additional Materials Testing provided by Braun Intertec. G. Inspection Based on 6 Weeks for Watermain Replacement (@ 20 Hrs/Week) and 4 Weeks for Curb Replacement, Driveways, and Restoration (@ 50 Hrs/Week) If authorized in writing by the City, we will furnish or obtain from others Additional Services which are not considered as basic services under this Amendment Request, these Additional Services include: A. It is assumed that Saint Paul Regional Water Services will provide inspection services for the watermain installation, and our inspection services would be to check -in during watermain TKDA®I 444 Cedar Street Suite 1500 I Saint Paul, MN 55101 651.292.4400 • tkda.com An employee -owned company promoting affirmative action and equal opportunity. 62 of 173 Mr. Ryan Ruzek 1 City of Mendota Heights Proposal for Additional Engineering Services December 8, 2023 Page 2 placement and assure soil compaction, site restoration, erosion control, and that resident access is acceptable during watermain placement. If the City wishes TKDA to provide watermain inspection during construction, we can provide that as an additional service. TKDA understands the urgency for getting this work designed and ready for bidding. We will expect to start our services promptly upon written authorization and to complete SECTION II Design Services by April 15, 2024. Construction work is expected to be completed in the summer of 2024, with November 1, 2024, as a final date for completion. TKDA's respectfully requests compensation for these Additional Services in the not -to -exceed amount of $218,400, resulting in a revised contract total of $359,100, as summarized below: Description Amount Original Contract Amount $140,700 This Amendment 1 $218,400 Revised Total Contract Amount through this Amendment $359,100 If acceptable, please sign where indicated below and return a copy, or respond in writing with your approval. We agree that, with the City's acceptance, this Proposal will constitute Amendment 1 to our Project Authorization, dated September 22, 2022. If you have any questions, please contact Larry Poppler at 651.292.4457 or larry.poppler(a�tkda.com. Sincerely, P. Poppler, PE Project Manager LPP:MJC:Imf:sfs Attachments: Project Fee Estimate Braun Intertec Proposal Matthew J. Christensen, PE Vice President — Surface Transportation Division ACCEPTED FOR CITY OF MENDOTA HEIGHTS, MINNESOTA By: (signature) CLIENT'S DESIGNATED REPRESENTATIVE: Printed Name/Title Date Name/Title Phone Email 63 of 173 TKDA Project Fee Estimate Client: City of Mendota Heights Date: 12/8/2023 Project: Emerson Avenue Street Improvements Amendment #1 By: LPP Task Task Description Estimated Person Hours Required Total Hours Total Dollars Sr Reg Eng Reg Eng Reg Eng Engineering Tech II Engineering Specialist I Engineering Tech II Admin 2023 Billing RatelHr x Multiplier $ 222 $ 156 $ 141 $ 83 $ 143 $ 78 $ 85 2 Design Stage Road Plans 4 80 250 334 $ 34,023 Storm Sewer Design 2 40 60 102 $ 11,633 Erosion Control / Turf Establishment / SWPPP 8 8 $ 1,245 Water Plans 16 160 300 476 $ 53,273 Front End Drawings (Title, SEQ, Details, Typicals 20 40 60 $ 6,422 Specifications 2 16 18 $ 2,934 Update Cost Estimate 3 20 23 $ 3,778 SUBTOTAL HOURS 27 344 - 650 - - - 1,021 SUBTOTAL COST $ 5,994 $ 53,530 $ - $ 53,783 $ - $ - $ - $ 113,307 Expenses: Travel & Subsistence (TS) Subtotal $ 113,307 4 Construction Stage Set Up for construction, Shop drawings, walkthroughs 8 24 $ 3,117 Construction Staking 120 120 $ 26,516 Part Time Construction Observation (6 Weeks @ 20 hrs/Week, 4 Weeks at 50 hrs/Week) 320 $ 26,478 Administration 8 16 $ 4,039 Project Management 40 $ 8,881 SUBTOTAL HOURS 48 - 24 344 120 120 - 656 SUBTOTAL COST $ 10,657 $ - $ 3,394 $ 28,463 $ 17,179 $ 9,337 $ - $ 69,030 Expenses: Travel & Subsistence (TS) Survey Equipment Rental $ 4,800 Materials Testing Subconsultant (Braun) $ 19,507 Subconsultant Mark-up 10% $ 1,951 Subtotal $ 95,288 5 Post Construction Stage As-Builts Survey and Plan preparation 2 8 24 16 16 $ 7,097 Warranty Claims 4 8 $ 2,019 SUBTOTAL HOURS 6 - 16 24 16 16 - 78 SUBTOTAL COST $ 1,332 $ - $ 2,263 $ 1,986 $ 2,291 $ 1,245 $ - $ 9,117 Expenses: Travel & Subsistence (TS) Equipment Rental $ 640 Subtotal $ 9,757 TOTAL HOURS 81 344 40 1,018 136 136 - 1,755 TOTAL LABOR COST $ 17,983 $ 53,530 $ 5,657 $ 84,232 $ 19,470 $ 10,582 $ - 191,454 TOTAL EXPENSES _$ $ 26,898 TOTAL PROJECT $ 218,352 TOTAL (ROUNDED) $ 218,400 B R A U1 N Braun Intertec Corporation 11001 Hampshire Avenue S 1 NTE RTEC Minneapolis, MN 55438 The Science You Build On. November 30, 2023 Mr. Larry Poppler, PE Toltz King Duvall & Anderson and Associates, Inc. 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 64 of 173 Phone: 952.995.2000 Fax: 952.995.2020 Web: braunintertec.com Revised Proposal QTB188421 Re: Revised Proposal for Construction Materials Testing Services Emerson Avenue Area Street Improvements Project Mendota Heights, Minnesota Dear Mr. Poppler: Braun Intertec Corporation is pleased to resubmit this revised proposal to provide construction materials testing services for the Emerson Avenue Area Street Improvements Project in Mendota Heights, Minnesota. Since our inception in 1957, we have grown into one of the largest employee owned engineering firms in the Midwest. With more than 1,000 employee owners, retaining our firm gives you access to a diverse range of services and professionals you can consult with if the unforeseen occurs. The size of our company also allows us to respond quickly when schedule constraints occur. Our Understanding of Project We understand this project will include full depth reclamation, new concrete sidewalk, curb and gutter, along with new bituminous pavement. Improvements to the watermain and stormwater utilities will also be part of this project. We understand this project will be taking place at the following locations: • Emerson Avenue from Wachtler Avenue to Sylvandale Road • Sylvandale Road from Emerson Avenue to Maple Park Drive • Sylvandale Court South from Sylvandale Road to Cul-de-sac • Sylvandale Court North from Sylvandale Road to Cul-de-sac • Clement Street from Emerson Avenue to Sylvandale Road • Laura Street from Sylvandale Road to Laura Court • Laura Court from Laura Street to Cul-de-sac • Ivy Falls Court from Sylvandale Road to Cul-de-sac • Maple Park Drive from Sylvandale Road to Ivy Hill Drive • Ivy Hills Drive from Butler Avenue West to Dodd Road • Ivy Hills Park 65 of 173 Toltz King Duvall & Anderson and Associates, Inc. Revised Proposal QTB188421 November 30, 2023 Page 2 Available Project Information This proposal was prepared using the following documents and information. ■ Feasibility Report prepared by Toltz King Duvall & Anderson and Associates, Inc. dated November 21, 2023. ■ Email correspondence from Larry Poppler from Toltz King Duvall & Anderson and Associates, Inc. regarding project scope. Scope of Services Services will be performed under the direction of a licensed professional engineer. Testing services will be performed on an on -call, as -needed basis as requested and scheduled by you or your on -site project representative. After reviewing available information to determine compliance with project plans and/or specifications and other design or construction documents, our scope of services for the project will be limited to the tasks defined below. Soil Related Services ■ Measure the in -place dry density, moisture content and relative compaction of fill placed for utility backfill materials for compliance with the project documents. This task includes performing laboratory Proctor tests to provide maximum dry densities from which the relative compaction of fill can be determined, as well as the use of a nuclear density gauge to measure in -place dry densities and moisture contents. ■ Perform Dynamic Cone Penetrometer (DCP) tests on full depth reclamation material. ■ Sample and test full depth reclamation for compliance with the project documents. This task includes laboratory gradation testing. Concrete Related Services ■ Sample and test fresh concrete associated with general concrete placement for compliance with the project documents and cast test cylinders for laboratory compressive strength testing. We assume that we will be able to appropriately dispose of excess concrete (and associated wash water) on site at no additional cost to us. ■ Prepare 4-inch by 8-inch cylinders for compressive strength testing. One set of three cylinders will be cast each trip that will be tested at 28 days. If field cure cylinders are requested, each additional cylinder will be charged at the unit price listed in our cost estimate. ■ Measure and report the compressive strength of the concrete test cylinders for compliance with the project documents. Bituminous Related Services ■ Sample and test bituminous pavement materials for compliance with the project documents. Perform tests on these samples which include Rice specific gravity, asphalt content, extracted aggregate gradation, gyratory density, coarse aggregate angularity, and fine aggregate angularity. BRAUN INTERTEC 66 of 173 Toltz King Duvall & Anderson and Associates, Inc. Revised Proposal QTB188421 November 30, 2023 Page 3 ■ Obtain cores and measure the thickness and density of the compacted bituminous pavement by the core method for compliance with the project documents. We assume the bituminous contractor will cut the cores. Consulting, Project Communication and Reporting Services ■ Project management, including scheduling of our field personnel. ■ Review test reports and communicating with you and the parties you may designate such as the project contractor(s), and other project team members, as needed. ■ Transmit test results to the project team on a weekly basis. Basis of Scope of Work The costs associated with the proposed scope of services were estimated using the following assumptions. If the construction schedule is modified or the contractor completes the various phases of the project at different frequencies or durations than shown in this proposal, we may need to adjust the overall cost accordingly. The scope of work and number of trips required to perform these services are as shown in the attached table. Notable assumptions in developing our estimate include: ■ Compaction testing will be performed using the nuclear density method on utility backfill, and fill material; a minimum of two tests will be conducted each trip with 18 trips assumed. ■ Compaction testing on full depth reclamation materials will be performed using the MnDOT Dynamic Cone Penetration (DCP) method; a minimum of three tests will be conducted each trip with three trips assumed. ■ We assume 24 sets of concrete tests will be required to complete the project. ■ We assume the rebar observations before concrete placements will be completed by the project representative's construction oversight manager. ■ Bituminous paving will be completed in 8 days for this project. ■ We assume the project engineer of record will review and approve contractor's quality control submittals and test results. ■ We assume Toltz King Duvall & Anderson and Associates, Inc. personnel will perform test rolling observations for this project. ■ You, or others you may designate, will provide us with current and approved plans and specifications for the project. Modification to these plans must also be sent to us so we can review their incorporation into the work. ■ We will require a minimum of 24 hours' notice for scheduling inspections for a specific time. Shorter than 24 hours' notice may impact our ability to perform the requested services, and the associated impacts will be the responsibility of others. If the work is completed at different rates than described above, this proposal should be revised. If the pace of construction is different than described above, this proposal should be revised. BRAUN INTERTEC 67 of 173 Toltz King Duvall & Anderson and Associates, Inc. Revised Proposal QTB188421 November 30, 2023 Page 4 Cost and Invoicing We will furnish the services described herein for an estimated fee of $42,532. Our estimated costs are based on industry averages for construction production. Depending on the contractor's performance, our costs may be significantly reduced or slightly higher than estimated. A tabulation showing our estimated hourly and/or unit rates associated with our proposed scope of services is also attached. The actual cost of our services will be based on the actual units or hours expended to meet the requirements of the project documents. This cost estimate was developed with the understanding that the scope of services defined herein will be required and requested during our normal work hours of 6:00 a.m. to 4:00 p.m., Monday through Friday. Services that we are asked to provide to meet the project requirements or the contractor's construction schedule outside our normal business hours will be invoiced using an overtime rate factor. The factor for services provided outside our normal work hours or on Saturday will be 1.25 times the listed hourly rate for the service provided. The factor for services provided on Sunday or legal holidays will be 1.5 times the listed hourly rate for the service provided. We have not included premiums for overtime in our cost estimate; however, we recommend that allowances and contingencies be made for overtime charge. You will be billed only for services provided on a time and materials basis. Because our services are directly controlled by the schedule and performance of others, the actual cost may vary from our estimate. It is difficult to project all of the services and the quantity of services that may be required for any project. If services are required that are not discussed above, we will provide them at the rates shown in the attached table or, if not shown, at our current Schedule of Charges. We will invoice you on a monthly basis. General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. We appreciate the opportunity to present this proposal to you. After reviewing this proposal, please sign and return one copy to our office as notification of acceptance and authorization to proceed. If anything in this proposal is not consistent with your requirements, please let us know immediately. Braun Intertec will not release any written reports until we have received a signed agreement. Also, ordering services from Braun Intertec constitutes acceptance of the terms of this proposal. The proposed fee is based on the scope of services described and the assumption that our services will be authorized within 30 days and that others will not delay us beyond our proposed schedule. BRAUN INTERTEC 68 of 173 Toltz King Duvall & Anderson and Associates, Inc. Revised Proposal QTB188421 November 30, 2023 Page 5 Our services will be provided under the terms of the Master Subcontract Agreement dated May 9, 2006. To have questions answered or schedule a time to meet and discuss our approach to this project further, please contact John Rutherford at 651.487.7052 (jrutherford@braunintertec.com). Sincerely, BRAUN INTERTEC CORPORATION I John P. Rutherford Project Manager Charles M. Cadenhead, Jr., PE Vice President, Principal Engineer Attachment: Project Proposal — QTB188421 The revised proposal is accepted. We will reimburse you in accordance with this agreement, and you are authorized to proceed: Authorizer's Firm Authorizer's Signature Authorizer's Name (please print or type) Authorizer's Title Date BRAUN INTERTEC 69 of 173 B RAU N INTERTEC The Science You Build On. Project Proposal QTB 188421 Revised Emerson Avenue Area Street Improvements Client: TKDA Larry Poppler 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 (651)292-4400 Work Site Address: Various Streets Mendota Heights, MN 55118 Service Description: Construction Materials Testing Description Quantity Units Unit Price Extension Phase 1 Activity 1.1 207 1308 217 1318 1162 1530AG 209 1861 Activity 1.2 261 1364 278 1861 Activity 1.3 2689 209 221 1542 1861 Activity 1.4 226 Construction Materials Testing Soil Observations and Testing Compaction Testing - Nuclear Work Activity Detail Utility Backfill (Water/ Storm) Nuclear moisture -density meter charge, per hour Compaction Testing - DCP's Work Activity Detail Aggregate Base/ Full Depth Reclaim Moisture Density Relationship (Standard), per sample Sieve Analysis with 200 wash, per sample Asphalt Content of Aggregate Base, per sample Sample pick-up CMT Trip Charge Concrete Testing Concrete Testing Work Activity Detail Qty Units 18.00 Trips Qty Units 4.00 Trips 45.00 Hour 94.00 Hrs/Unit Extension 2.50 45.00 45.00 Each 28.00 12.00 Hour 94.00 Hrs/Unit Extension 3.00 12.00 6.00 Each 200.00 6.00 Each 156.00 1.00 Each 162.00 6.00 Hour 94.00 22.00 Each 50.00 60.00 Hour 94.00 Hrs/Unit Extension Qty Units Curb & Gutter 20.00 Trips 2.50 50.00 Sidewalk 4.00 Trips 2.50 10.00 Compressive strength of concrete cylinders (ASTM C 39),per specimen 72.00 Each 38.00 Work Activity Detail Qty Units Hrs/Unit Extension Curb & Gutter 20.00 Sets 3.00 60.00 Sidewalk 4.00 Sets 3.00 12.00 Concrete Cylinder Pick up Work Activity Detail Cylinder Pickup CMT Trip Charge Pavement Testing MnDOT Asphalt Verification, per sample Sample pick-up Work Activity Detail Bituminous Sample Pick-up Bituminous Coring Work Activity Detail Mark and Observe Cores Thickness and Density of Bituminous Core CMT Trip Charge Project Management Project Manager Qty Units 12.00 Trips Qty Units 8.00 Trips Qty Units 8.00 Trips 12.00 Hour 94.00 Hrs/Unit Extension 1.00 12.00 36.00 Each 50.00 8.00 Each 740.00 16.00 Hour 94.00 Hrs/Unit Extension 2.00 16.00 32.00 Hour 120.00 Hrs/Unit Extension 4.00 32.00 48.00 Each 60.00 16.00 Each 50.00 24.00 Hour 174.00 $10,580.00 $4,230.00 $1,260.00 $1,128.00 $1,200.00 $936.00 $162.00 $564.00 $1,100.00 $11,304.00 $5,640.00 $2,736.00 $1,128.00 $1,800.00 $14,944.00 $5,920.00 $1,504.00 $3,840.00 $2,880.00 $800.00 $5,704.00 $4,176.00 11/28/2023 04:17 PM Page 1 of 2 70 of 173 BRAUN INTERTEC The Science You Build On. Project Proposal QTB 188421 Revised Emerson Avenue Area Street Improvements 228 Senior Project Manager 238 Project Assistant 2.00 Hour 200.00 12.00 Hour 94.00 Phase 1 Total: $400.00 $1,128.00 $42,532.00 Proposal Total: $42,532.00 11/28/2023 04:17 PM Page 2 of 2 71 of 173 61 Enj REQUEST FOR CITY COUNCIL ACTON MEETING DATE: January 9, 2024 AGENDA ITEM: Authorize the Purchase of a Replacement Truck —Public Works Parks ITEM TYPE: 0 Consent ❑ Presentation/Recognition ❑ Public Hearing ❑ New/Unfinished Business DEPARTMENT: Public Works CONTACT: John Boland, Public Works Superintendent ACTION REQUEST: Authorize the purchase of a 2024 Ford F150XL with a snow plow and related equipment for the Public Works -Parks Department. BACKGROUND: As part of the 2023 budget, $46,000 was included for the purchase of a replacement truck and upfitted equipment for use within the Public Works -Parks Department. Due to supply chain issues, the city was unable to order replacement vehicles for much of 2023, delaying the purchase and replacement. The proposed replacement truck is a new Ford F150XL and includes a V-plow blade, toolbox, back rack, and two fuel transfer tanks with pumps. The fuel transfer pumps will be used for filling equipment at Public Works to bring fuel to the Par 3. Two quotes for the truck were obtained: Inver Grove Ford Trade in: Midway Ford: Trade in: $44,002.04 ($17,000) $45,534.33 (State Contract Pricing) ($16,000) Pricing for the upfits is through the state contract with Stonebrooke Equipment and is $12,396.72. The fuel transfer equipment (i.e. tanks and pumps) will be purchased through Amazon and are $2,184.42. 72 of 173 It is noted that the trade in value of $17,000 provided by Inver Grove Ford was quoted in December, 2023. This amount may be adjusted when the transaction is completed based on the miles and condition of the existing vehicle. FISCAL AND RESOURCE IMPACT: This purchase was included in the FY2023 budget with funds available from the General Fund fund balance. The truck would be purchased from Inver Grove Ford, the low bidder, in the amount of $44,002.04. Total price of all equipment: Less Trade in: Total Price: $58,583.18 ($17,000.00) $41,583.18 This purchase will come in under budget by approximately $4,415. ATTACHMENTS: None CITY COUNCIL PRIORITY: ❑ Economic Vitality & Community Vibrancy ❑ Environmental Sustainability & Stewardship ❑x Premier Public Services & Infrastructure ❑x Inclusive and Responsive Government 73 of 173 6m 92 i REQUEST FOR CITY COUNCIL ACTON MEETING DATE: January 9, 2024 AGENDA ITEM: Authorize the Purchase of a Replacement Truck and Snow Plow- Public Works ITEM TYPE: ❑x Consent ❑ Presentation/Recognition ❑ Public Hearing ❑ New/Unfinished Business DEPARTMENT: Public Works CONTACT: John Boland, Public Works Superintendent ACTION REQUEST: Authorize the purchase of a 2024 Ford F350 gas truck, Snowex 8611 PP plow and other related equipment for the Public Works Department. BACKGROUND: As part of the 2024 capital improvement plan and budget, $87,000 was included for the purchase of a replacement pickup truck with a snowplow attachment. This truck is used daily throughout the year for parks maintenance and in the winter for snow plowing. The snow plow attachment would include a straight blade for parking lots and cul-de-sacs as well as a V-blade for clearing trails. The truck will also have a Tommy Gate lift for the tailgate for loading of heavy objects, a side mounted toolbox, and a back rack. Two quotes were obtained for this purchase: Inver Grove Ford Trade in: Midway Ford Trade in: $51,900.00 ($14,000.00) $55,822.53 (State Contract Pricing) ($14,000.00) The upfitted equipment is on the state contract through Stonebrook Equipment and is $35,294.38 FISCAL AND RESOURCE IMPACT: This purchase was included in the FY2024 budget with funds available from the General Fund balance. 74 of 173 The truck would be purchased from Inver Grove Ford, the low bidder, for $51,900.00. Total price of the truck and plow is $73,194.38. Total Price of all equipment: $87,194.38 Less Trade in: $14,000.00 Total Price: $73,194.38 This purchase will come under budget by approximately $13,805. ATTACHMENTS: None CITY COUNCIL PRIORITY: ❑ Economic Vitality & Community Vibrancy ❑ Environmental Sustainability & Stewardship ❑x Premier Public Services & Infrastructure ❑x Inclusive and Responsive Government 75 of 173 ryij REQUEST FOR CITY COUNCIL ACTON MEETING DATE: January 9, 2024 AGENDA ITEM: Purchase of a Replacement Truck -Natural Resources ITEM TYPE: ❑x Consent ❑ Presentation/Recognition ❑ Public Hearing ❑ New/Unfinished Business DEPARTMENT: Public Works -Natural CONTACT: John Boland, Public Works Resources Superintendent ACTION REQUEST: Authorize the purchase of a new Ford F150 Supercab XL for the Natural Resources Department. BACKGROUND: As part of the 2023 budget, $52,000 was included for the replacement of a 2009 Chevrolet truck for the Natural Resources Department. Due to supply chain issues, the city was unable to order replacement vehicles for much of 2023, delaying the purchase and replacement. The proposed replacement truck has a supercab for storage of supplies in the back seat, includes a Tommy Gate lift for the tailgate for loading and unloading of heavy items and a side mounted toolbox. Two quotes were obtained for this purchase: Inver Grove Ford: $46,717.04 Midway Ford: $48,105.74 (State Contract Pricing) The installed price of the Tommy Gate lift is on the state contract from Stonebrooke Equipment. Tommylift pricing: $7,570.78 Toolbox $ 900.00 Trade in value at Inver Grove Ford $6,200.00 Trade in value at Midway Ford: $6,200.00 The price of this equipment minus trade in is: $48,987.82 76 of 173 FISCAL AND RESOURCE IMPACT: This purchase was included in the FY2023 budget with funds available from the General Fund balance. The truck would be purchased from Inver Grove Ford, the low bidder, in the amount of $46,717.04. The total price for this equipment: Trade in value: Total cost of equipment after trade: Budgeted amount: $55,187.82 ($ 6,200.00) $48,987.82 $ 52,000.00 This purchase will come in under budget by: $3,019.22 The truck would be purchased from Inver Grove Ford, the low bidder, for $40,517.04 CITY COUNCIL PRIORITY: ❑ Economic Vitality & Community Vibrancy ❑ Environmental Sustainability & Stewardship ❑x Premier Public Services & Infrastructure ❑x Inclusive and Responsive Government 77 of 173 6o 92 i REQUEST FOR CITY COUNCIL ACTON MEETING DATE: January 9, 2024 AGENDA ITEM: Approve Tree Removal Contract ITEM TYPE: ❑x Consent ❑ Presentation/Recognition ❑ Public Hearing ❑ New/Unfinished Business DEPARTMENT: Public Works CONTACT: John Boland, Public Works Superintendent ACTION REQUEST: Award a contract for the removal of approximately 75 diseased or hazardous right-of-way trees to Sorenson Tree Company for $61,500.00 BACKGROUND: The City removes diseased and dead trees, along with hazardous limbs and trees from the street right-of-way and other city owned properties. Emerald ash borer continues to be an issue in the city, and constitutes most of the 75 trees slated for removal. These trees will be removed, the stumps ground where needed, and new dirt placed with grass seed. FISCAL AND RESOURCE IMPACT: Staff obtained three quotes for this project: Sorenson Tree Company $61,500 Arbor Tree Care $64,000 Savatree: $69,040 The Natural Resources budget has funding to cover the cost of this project. ATTACHMENTS: None CITY COUNCIL PRIORITY: ❑ Economic Vitality & Community Vibrancy ❑x Environmental Sustainability & Stewardship I] Premier Public Services & Infrastructure ❑ Inclusive & Responsive Government 78 of 173 79 of 173 6p CITY OF MENDOTA HEIGHTS MEETING DATE: TO: FROM: SUBJECT: BACKGROUND Significant Claims 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone I 651.452.8940 fax www.mendotaheightsmn.gov Request for City Council Action January 9, 2024 Mayor, City Council and City Administrator Kristen Schabacker, Finance Director_ Claims List Summary Met Council Environmental Services — Jan Sewer Service US Bank — Monthly Purchases Bolton & Menk — Marie Ave Bridge/Rogers Lake Skate Park Bond Trust Services — Bond Issue Payments CivicPlus — CivicRec Annual Fee Nick Courteau — Tuition Reimbursement Ehlers & Associates — Arbitrage Reporting LOGIS — IT Services/Computer Hardware Lower Mississippi WMO — Lake Augusta Study JPA Mid Northern Services — Street Light Pole Repairs Northfield Solar LLC — Utilities OPG —3 — Laserfiche Licenses Ray O'Herron — Police Dept Operating Supplies Savatree — Tree Pruning Swanson Haskamp Consulting — Interim Planning/Zoning Code Updates Manual Checks Total System Checks Total $ 109,562.30 $ 12,004.49 $ 6,469.00 $ 2,311,861.25 $ 5,469.78 $ 3,000.00 $ 3,000.00 $ 64,122.95 $ 30,000.00 $ 6,692.86 $ 5,619.24 $ 10,464.00 $ 7,420.30 $ 5,335.00 $ 25,287.50 $ 130,356.19 $ 2,577,400.32 Total for the list of claims for the January 9, 2024 City Council meeting $ 2,707,756.51 RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the list of claims for January 9, 2024. CITY OF MENDOTA HEIGHTS Claims List MANUAL CHECKS 12/31/23 MAN Account Comments DEPT Descr Amount 80 of 173 01/05/24 9:01 AM Page 1 Search Name ALLIED MEDICAL TRAINING E 01-4400-030-30 REPLACES CK# 097103 Search Name ALLIED MEDICAL TRAINING Search Name B C A - BTS E 01-4490-070-70 BACKGROUND CHECKS Search Name B C A - BTS Search Name CARSTAR BLOOMINGTON NORTH E 01-4330-440-20 EQUIP REPAIR - POLICE Search Name CARSTAR BLOOMINGTON NORTH Search Name HAZZARD, FRANK E 01-4335-315-30 Search Name HAZZARD, FRANK REPLACES CK# 097312 Search Name MENDOTA HEIGHTS, CITY OF G 01-1021 REPLENISH Pti1Y CASH Search Name MENDOTA HEIGHTS, CITY OF Search Name METRO COUNCIL ENVIRONMENT SVC G 15-1215 JAN SEWER SERVICE Search Name METRO COUNCIL ENVIRONMENT SVC Search Name MISSION SQUARE (ICMA RETIREMENT) G 01-2072 12/22/23 PAYROLL G 01-2073 12/22/23 PAYROLL Search Name MISSION SQUARE (ICMA RETIREMENT) Search Name NOWAK, JOYCE G 15-1150 Search Name NOWAK, JOYCE REPLACES CK# 96490 Search Name PITNEY BOWES - PURCHASE POWER G 01-1210 POSTAGE Search Name PITNEY BOWES - PURCHASE POWER Search Name U. S. BANK E 01-4490-640-12 E 01-4490-640-12 E 01-4490-640-12 E 08-4335-000-00 E 08-4280-000-00 E 01-4305-070-70 E 01-4301-030-30 E 01-4490-109-09 E 01-4300-110-10 E 01-4490-640-12 E 15-4305-060-60 E 08-4335-000-00 E 01-4305-070-70 E 15-4410-060-60 E 01-4305-030-30 E 01-4305-050-50 SUPPLIES - ELECTIONS SUPPLIES - ELECTIONS SUPPLIES - ELECTIONS BLDG MAINT - CITY HALL WASTE DISPOSAL - CITY HALL OPERATING SUPPLIES - PARKS OPERATING SUPPLIES - FIRE MTG SUPPLIES - CITY COUNCIL OFFICE SUPPLIES - ADMIN SUPPLIES - ELECTIONS OPERATING SUPPLIES - UTILIT FIRST AID SUPPLIES - CITY HA OPERATING SUPPLIES - PARKS UNIFORM - PW OPERATING SUPPLIES - FIRE OPERATING SUPPLIES - STREE Fire Parks & Recreation Police Fire Elections Elections Elections Spec Fds Spec Fds Parks & Recreation Fire City Council Administration Elections Utility Enterprise Spec Fds Parks & Recreation Utility Enterprise Fire Road & Bridges $775.00 $775.00 $150.00 $150.00 $3,002.55 $3,002.55 $15.33 $15.33 $427.88 $427.88 $109,562.30 $109,562.30 $3,540.00 $150.00 $3,690.00 $9.07 $9.07 $500.00 $500.00 $100.91 $551.21 $105.04 $24.94 $18.32 $1,067.40 $89.98 $50.78 $173.16 $74.95 $27.39 $26.69 $27.40 $31.54 $100.04 $27.40 Account CITY OF MENDOTA HEIGHTS Comments Claims List MANUAL CHECKS 12/31/23 MAN DEPT Descr Amount 81 of 173 01/05/24 9:01 AM Page 2 E 15-4300-060-60 E 01-4410-050-50 E 01-4490-640-12 E 01-4490-109-09 E 01-4490-640-12 E 01-4490-109-09 E 01-4490-109-09 E 01-4490-640-12 E 01-4410-070-70 E 01-4490-640-12 E 08-4335-000-00 E 01-4300-050-50 E 01-4300-070-70 E 01-4435-200-70 E 01-4410-050-50 E 01-4435-200-70 E 01-4330-215-70 G 01-1215 E 01-4435-200-70 E 01-4435-200-70 E 01-4335-310-70 E 01-4300-110-10 E 01-4490-640-12 E 01-4330-490-70 G 01-1215 E 01-4435-200-70 E 01-4490-640-12 E 01-4335-310-50 E 01-4490-640-12 E 01-4435-200-70 E 01-4435-200-70 E 01-4435-200-70 E 01-4490-640-12 E 01-4490-110-10 E 01-4435-200-70 E 01-4435-200-70 E 01-4490-109-09 E 01-4490-640-12 E 01-4400-105-15 E 01-4400-020-20 E 01-4435-200-70 E 01-4435-200-70 E 01-4403-030-30 E 01-4410-020-20 E 01-4400-110-10 E 01-4400-020-20 E 15-4335-310-60 E 01-4400-020-20 E 01-4410-020-20 E 01-4400-020-20 E 01-4220-020-20 E 01-4331-020-20 G 01-1215 OFFICE SUPPLIES - PW CLOTHING - STREET SUPPLIES - ELECTIONS MTG SUPPLIES - CITY COUNCIL SUPPLIES - ELECTIONS MTG SUPPLIES - CITY COUNCIL MTG SUPPLIES - CITY COUNCIL SUPPLIES - ELEC I1ONS UNIFORM - PW SUPPLIES - ELECTIONS FIRST AID SUPPLIES - CITY HA OFFICE SUPPLIES - PW OFFICE SUPPLIES - PW REC SUPPLIES UNIFORM - PW REC SUPPLIES TREE CITY TENT RENTAL - FROZEN FUN F ADULT REC PROGRAMS SUPPLI EQUIP - REC BLDG MAINT - PW OFFICE SUPPLIES - ADMIN SUPPLIES - ELECTIONS EQUIP REPAIR - PARKS 1/12/24 MRPA CONFERENCE - MARKETING - REC SUPPLIES - ELECTIONS BLDG MAINT - PW SUPPLIES - ELEC.! IONS ADULT REC PROGRAMS SUPPLI ADULT REC PROGRAMS SUPPLI SEAQUEST FIELD TRIP - REC SUPPLIES - ELECTIONS 2 YR STAR TRIBUNE SUBSCRIP SUPPLIES - REC FROZEN FUN FEST - REC MTG SUPPLIES - CITY COUNCIL SUPPLIES - ELECTIONS CEAM CONFERENCE - R. RUZEK BCA TRAINING - W. WEGENER REC SUPPLIES REC SUPPLIES TRAINING SUPPLIES - FIRE UNIFORM EQUIP - PD CONFERENCE EXPENSE - ADMI BCA CONFERENCE - POWELL BLDG MAINT - PW MOA LEADERSHIP CONFERENC BACK DEFENSE - PD UNIFORM - PD WELLNESS SERVICES - PD EQUIP - PD 2024 MCPA MEMBERSHIP - PD Utility Enterprise Road & Bridges Elections City Council Elections City Council City Council Elections Parks & Recreation Elections Spec Fds Road & Bridges Parks & Recreation Parks & Recreation Road & Bridges Parks & Recreation Parks & Recreation Parks & Recreation Parks & Recreation Parks & Recreation Administration Elections Parks & Recreation Parks & Recreation Elections Road & Bridges Elections Parks & Recreation Parks & Recreation Parks & Recreation Elections Administration Parks & Recreation Parks & Recreation City Council Elections Engineering Enterprise Police Parks & Recreation Parks & Recreation Fire Police Administration Police Utility Enterprise Police Police Police Police Police $13.92 $109.97 $114.02 $16.98 $162.77 $78.34 $38.90 $74.95 $31.53 $711.16 $47.14 $13.92 $13.92 $93.95 $31.53 $12.40 $151.00 $1,327.50 $19.98 $302.74 $14.81 $38.49 $267.13 $15.99 $69.00 $33.56 $267.13 $14.81 $77.81 $9.98 $63.47 $369.55 $89.48 $65.00 $8.20 $55.00 $132.42 $70.50 $520.00 $75.00 $172.99 $10.99 $187.50 $198.60 $18.00 $179.36 $14.81 $1,200.00 -$100.00 $108.96 $195.00 $74.95 $477.00 CITY OF MENDOTA HEIGHTS Claims List MANUAL CHECKS 12/31/23 MAN Account Comments DEPT Descr Amount 82 of 173 01/05/24 9:01 AM Page 3 E 01-4223-020-20 NOV 2023 TRANSUNION - PD Police $98.80 E 01-4400-020-20 BCA TRAINING - D. BARR Police $375.00 E 01-4330-490-70 EQUIP REPAIR - PARKS Parks & Recreation $63.00 E 01-4318-020-20 POSTAGE - PD Police $5.94 E 15-4305-060-60 OPERATING SUPPLIES - UTILIT Utility Enterprise $37.49 G 01-1215 2024 IACP MEMBERSHIP DUES $190.00 E 01-4400-020-20 BCA TRAINING - C. KI I I OCK Police $375.00 Search Name U. S. BANK $12,004.49 Search Name XCEL ENERGY E 45-4212-046-45 UTILITIES Golf Course $54.27 E 01-4211-320-70 UTILITIES Parks & Recreation $18.82 E 01-4211-320-70 UTILITIES Parks & Recreation $14.30 E 01-4211-320-70 UTILITIES Parks & Recreation $14.30 E 01-4211-320-70 UTILITIES Parks & Recreation $49.51 E 45-4211-047-45 UTILITIES Golf Course $108.57 E 45-4211-046-45 UTILITIES Golf Course -$51.72 E 01-4211-320-70 UTILITIES Parks & Recreation $11.52 Search Name XCEL ENERGY $219.57 $130,356.19 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 01 /09/24 PAY Account Comments DEPT Descr Amount 83 of 173 01/05/24 9:00 AM Page 1 Search Name 4 ACE PRODUCTIONS E 01-4435-200-70 2/10 MAGIC SHOW - 2024 FRO Parks & Recreation $395.00 Search Name 4 ACE PRODUCTIONS $395.00 Search Name ALERUS RETIREMENT AND BENEFITS G 01-2010 NOV 2023 SERVICE FEE/ADMIN Search Name ALERUS RETIREMENT AND BENEFITS $72.00 $72.00 Search Name ALL CITY ELEVATOR, INC. E 08-4335-000-00 JANUARY 2024 MAINTENANCE Spec Fds $206.00 Search Name ALL CITY ELEVATOR, INC. $206.00 Search Name ALLSTREAM E 01-4210-020-20 G 01-2010 Search Name ALLSTREAM 1/1/24-1/14/24 TELEPHONE SE Police 12/15/23-12/31/23 TELEPHON Search Name AMERICAN LEGAL PUBLISHING G 01-2010 SUPPLEMENT PAGES ORDS 573 Search Name AMERICAN LEGAL PUBLISHING Search Name AMERICAN PRESSURE, INC. G 15-2010 BLDG MAINT - PW G 01-2010 BLDG MAINT - PW G 01-2010 BLDG MAINT - PW Search Name AMERICAN PRESSURE, INC. Search Name ARAMARK (AMERIPRIDE SERVICES) G 08-2010 G 01-2010 G 01-2010 G 15-2010 G 01-2010 G 01-2010 G 01-2010 G 15-2010 G 01-2010 G 08-2010 G 15-2010 G 01-2010 G 01-2010 G 01-2010 MAT SERVICE - CITY HALL MAT SERVICE - PW MAT SERVICE - PW MAT SERVICE - PW UNIFORM - PW MAT SERVICE - PW MAT SERVICE - PW MAT SERVICE - PW MAT SERVICE - PW MAT SERVICE - CITY HALL MAT SERVICE - PW UNIFORM - PW UNIFORM - PW MAT SERVICE - PW Search Name ARAMARK (AMERIPRIDE SERVICES) Search Name ASPEN MILLS G 01-2010 G 01-2010 G 01-2010 G 01-2010 G 01-2010 G 01-2010 G 01-2010 G 01-2010 Search Name ASPEN MILLS UNIFORM - FIRE UNIFORM - PD UNIFORM - FIRE UNIFORM - FIRE UNIFORM - FIRE UNIFORM - FIRE UNIFORM - FIRE UNIFORM - FIRE $191.10 $191.11 $382.21 $510.79 $510.79 $9.09 $9.08 $9.08 $27.25 $80.19 $13.47 $13.47 $13.47 $11.36 $11.29 $11.29 $11.29 $13.47 $80.19 $13.47 $11.36 $11.36 $13.47 $309.15 $164.85 $1,307.80 $135.15 $101.70 $67.35 $132.40 $149.99 $62.15 $2,121.39 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 01/09/24 PAY Account Comments DEPT Descr Amount 84 of 173 01/05/24 9:00 AM Page 2 Search Name AUTOZONE G 01-2010 EQUIP REPAIR - PD $98.16 Search Name AUTOZONE $98.16 Search Name AXON ENTERPRISE (TASER INTL) G 01-2010 OPERATING SUPPLIES - PD $708.00 Search Name AXON ENTERPRISE (TASER INTL) $708.00 Search Name BOLTON & MENK INC G 19-2010 G 01-2010 Search Name BOLTON & MENK INC MARIE AVE BRIDGE ROGERS LAKE SKATE PARK Search Name BOND TRUST SERVICES CORP E 33-4456-000-00 E 93-4456-000-00 E 89-4455-000-00 E 89-4456-000-00 E 93-4455-000-00 E 94-4455-802-00 E 96-4456-803-00 E 87-4456-000-00 E 43-4456-000-00 E 85-4456-000-00 E 87-4455-000-00 E 33-4226-000-00 E 33-4455-000-00 E 81-4226-000-00 E 85-4455-000-00 E 83-4455-000-00 E 94-4456-802-00 E 43-4455-000-00 E 81-4456-000-00 E 81-4455-000-00 E 42-4456-000-00 E 42-4455-000-00 E 79-4456-000-00 E 79-4455-000-00 2019A BOND ISSUE 2020A BOND ISSUE 2019E BOND ISSUE 2019E BOND ISSUE 2020A BOND ISSUE 2021A BOND ISSUE 2022A BOND ISSUE 2018A BOND ISSUE 2015C BOND ISSUE 2017A BOND ISSUE 2018A BOND ISSUE 2019A BOND ISSUE 2019A BOND ISSUE 2015A BOND ISSUE 2017A BOND ISSUE 2016A BOND ISSUE 2021A BOND ISSUE 2015C BOND ISSUE 2015A BOND ISSUE 2015A BOND ISSUE 2014B BOND ISSUE 2014B BOND ISSUE 2014A BOND ISSUE 2014A BOND ISSUE E 83-4456-000-00 2016A BOND ISSUE Search Name BOND TRUST SERVICES CORP Search Name BOUND TREE MEDICAL LLC G 01-2010 OPERATING SUPPLIES - FIRE Search Name BOUND TREE MEDICAL LLC Search Name BURNSVILLE, CITY OF G 01-2035 2023 JPA ADMINISTRATIVE FE Search Name BURNSVILLE, CITY OF Search Name CEMSTONE PRODUCTS CO G 01-2010 OPERATING SUPPLIES - PARKS Search Name CEMSTONE PRODUCTS CO Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds Spec Fds $4,744.00 $1,725.00 $6,469.00 $94,425.00 $24,060.00 $290,000.00 $27,025.00 $315,000.00 $310,000.00 $43,600.00 $13,275.00 $9,200.00 $10,306.25 $105,000.00 $475.00 $405,000.00 $100.00 $130,000.00 $80,000.00 $32,050.00 $165,000.00 $9,975.00 $75,000.00 $3,960.00 $70,000.00 $7,067.50 $85,000.00 $6,342.50 $2,311,861.25 $2,189.48 $2,189.48 $592.71 $592.71 $113.40 $113.40 Search Name CIVICPLUS CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 01/09/24 PAY Account Comments DEPT Descr Amount 85 of 173 01/05/24 9:00 AM Page 3 E 01-4301-114-14 CIVICREC ANNUAL FEE Search Name CIVICPLUS Search Name CLAREY S SAFETY EQUIPMENT G 01-2010 OPERATING SUPPLIES - FIRE Search Name CLAREY S SAFETY EQUIPMENT Search Name COURTEAU, NICHOLAS G 01-2010 TUITION REIMBURSEMENT - N. Search Name COURTEAU, NICHOLAS Search Name DAKOTA 911 (DAKOTA COMMUNICATIONS) E 01-4275-030-30 FEB 2024 DISPATCH E 01-4275-020-20 FEB 2024 DISPATCH Search Name DAKOTA 911 (DAKOTA COMMUNICATIONS) Search Name DAKOTA COUNTY CHAMBER OF COMM E 01-4404-110-10 2024 MEMBERSHIP AND DIREC Search Name DAKOTA COUNTY CHAMBER OF COMM Search Name DELTA DENTAL E 01-4131-020-20 G 01-2074 G 01-2071 E 15-4131-060-60 E 08-4131-000-00 E 01-4131-105-15 E 01-4131-070-70 E 01-4131-050-50 E 01-4131-030-30 E 01-4131-110-10 E 01-4131-020-20 Search Name DELTA DENTAL JAN 2024 DENTAL PREMIUM JAN 2024 DENTAL PREMIUM JAN 2024 DENTAL PREMIUM JAN 2024 DENTAL PREMIUM JAN 2024 DENTAL PREMIUM JAN 2024 DENTAL PREMIUM JAN 2024 DENTAL PREMIUM JAN 2024 DENTAL PREMIUM JAN 2024 DENTAL PREMIUM JAN 2024 DENTAL PREMIUM JAN 2024 DENTAL PREMIUM Info Tech $5,469.78 $5,469.78 $446.57 $446.57 $3,000.00 $3,000.00 Fire $669.74 Police $22,188.26 $22,858.00 Administration $2,500.00 $2,500.00 Police $153.12 $964.23 $439.50 Utility Enterprise $248.59 Spec Fds $51.04 Engineering Enterprise $102.08 Parks & Recreation $306.24 Road & Bridges $446.13 Fire $51.04 Administration $592.63 Police $1,419.76 $4,774.36 Search Name DTN, LLC E 01-4421-050-50 CLEARPATH WEATHER SUBSCR Road & Bridges Search Name DTN, LLC Search Name EHLERS & ASSOCIATES INC G 14-2010 ARBITRAGE REPORT 2018A ISS Search Name EHLERS & ASSOCIATES INC Search Name EMERGENCY AUTOMOTIVE TECHNOLOG G 01-2010 EQUIP REPAIR - PD Search Name EMERGENCY AUTOMOTIVE TECHNOLOG Search Name ESS BROTHERS & SONS INC G 01-2010 OPERATING SUPPLIES - STREE Search Name ESS BROTHERS & SONS INC Search Name EYE MED E 01-4131-020-20 E 01-4131-070-70 E 01-4131-050-50 E 01-4131-105-15 JANUARY 2024 PREMIUM JANUARY 2024 PREMIUM JANUARY 2024 PREMIUM JANUARY 2024 PREMIUM $413.10 $413.10 $3,000.00 $3,000.00 $588.77 $588.77 $946.40 $946.40 Police $69.99 Parks & Recreation $5.13 Road & Bridges $14.88 Engineering Enterprise $10.26 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 01/09/24 PAY Account Comments DEPT Descr Amount 86 of 173 01/05/24 9:00 AM Page 4 G 01-2071 JANUARY 2024 PREMIUM $20.22 E 08-4131-000-00 JANUARY 2024 PREMIUM Spec Fds $5.13 G 01-2074 JANUARY 2024 PREMIUM $10.27 E 01-4131-110-10 JANUARY 2024 PREMIUM Administration $55.32 E 15-4131-060-60 JANUARY 2024 PREMIUM Utility Enterprise $15.09 Search Name EYE MED $206.29 Search Name FIRST NET / AT&T MOBILITY G 01-2010 G 01-2010 G 01-2010 CELL SERVICE - PD AIR CARDS - PD CELL SERVICE - FIRE Search Name FIRST NET / AT&T MOBILITY Search Name FISHING FOR ALL LLC E 01-4435-200-70 Search Name FISHING FOR ALL LLC Search Name FLEET SERVICES G 01-2035 Search Name FLEET SERVICES Search Name FLEETPRIDE G 01-2010 G 01-2010 G 01-2010 Search Name FLEETPRIDE $382.30 $1,057.30 $133.81 $1,573.41 2/10 ICE FISHING - 2024 FROZ Parks & Recreation $500.00 $500.00 NOV 2023 SQUAD LEASES - PD EQUIP REPAIR - PARKS EQUIP REPAIR - STREET EQUIP REPAIR - STREET Search Name FRATTALONES DAWNWAY LLLP G 01-2010 DEBRIS HAULING - PW G 01-2010 DEBRIS HAULING - PW G 15-2010 DEBRIS HAULING - PW Search Name FRATTALONES DAWNWAY LLLP Search Name FURTHER (SELECT ACCOUNT) G 01-2010 G 01-2010 G 01-2010 G 01-2010 G 01-2010 G 08-2010 DEC 2023 PARTICIPANT FEE DEC 2023 PARTICIPANT FEE DEC 2023 PARTICIPANT FEE DEC 2023 PARTICIPANT FEE DEC 2023 PARTICIPANT FEE DEC 2023 PARTICIPANT FEE Search Name FURTHER (SELECT ACCOUNT) Search Name GERTENS GREENHOUSE E 01-4424-050-50 STREET SWEEPING DEBRIS Search Name GERTENS GREENHOUSE Search Name GOLDCOM G 01-2010 G 15-2010 G 01-2010 Search Name GOLDCOM BLDG MAINT - PW BLDG MAINT - PW BLDG MAINT - PW Search Name GOPHER STATE ONE CALL G 01-2010 DEC 2023 SERVICE G 01-2010 REPLACES CK 103795 - AUGUS Road & Bridges $7,874.68 $7,874.68 $92.00 $153.21 $380.76 $625.97 $32.00 $32.00 $32.00 $96.00 $4.50 $4.50 $11.25 $21.30 $50.55 $2.25 $94.35 $1,080.00 $1,080.00 $129.58 $129.57 $129.58 $388.73 $105.30 $384.75 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 01/09/24 PAY Account Comments DEPT Descr Amount 87 of 173 01/05/24 9:00 AM Page 5 Search Name GOPHER STATE ONE CALL Search Name GRAINGER E 08-4335-000-00 Search Name GRAINGER BLDG MAINT - CITY HALL Search Name GRANNIS & HAUGE, P.A. G 01-2010 NOV 2023 PROSECUTIONS - PD Search Name GRANNIS & HAUGE, P.A. Search Name GREEN2 SOLAR LEASING, LLC E 01-4213-070-70 E 15-4213-060-60 E 08-4213-000-00 E 15-4213-060-60 E 01-4213-030-30 E 01-4213-050-50 E 01-4213-050-50 E 01-4213-070-70 E 45-4213-045-45 Search Name GREEN2 JAN 2024 SOLAR PANEL LEASE JAN 2024 SOLAR PANEL LEASE JAN 2024 SOLAR PANEL LEASE JAN 2024 SOLAR PANEL LEASE JAN 2024 SOLAR PANEL LEASE JAN 2024 SOLAR PANEL LEASE JAN 2024 SOLAR PANEL LEASE JAN 2024 SOLAR PANEL LEASE JAN 2024 SOLAR PANEL LEASE SOLAR LEASING, LLC Search Name HELPING HANDS HOME SERVICES G 01-2010 DEC 2023 BLDG MAINT - FIRE Search Name HELPING HANDS HOME SERVICES Search Name HOME DEPOT CREDIT SERVICES G 01-2010 G 08-2010 G 15-2010 G 01-2010 G 08-2010 G 01-2010 G 01-2010 G 15-2010 G 08-2010 G 15-2010 G 15-2010 G 08-2010 OPERATING SUPPLIES - STREE BLDG MAINT - CITY HALL OPERATING SUPPLIES - UTILIT OPERATING SUPPLIES - PARKS BLDG MAINT - CITY HALL BLDG MAINT - PW BLDG MAINT - PW BLDG MAINT - PW BLDG MAINT - CITY HALL EQUIP REPAIR - UTILITY OPERATING SUPPLIES - UTILIT BLDG MAINT - CITY HALL G 15-2010 OPERATING SUPPLIES - UTILIT G 08-2010 BLDG MAINT - CITY HALL G 01-2010 OPERATING SUPPLIES - PARKS Search Name HOME DEPOT CREDIT SERVICES Search Name IDEAL ENERGIES SOLAR LEASING 2021 E 01-4213-030-30 JAN 2024 SOLAR PANEL LEASE Search Name IDEAL ENERGIES SOLAR LEASING 2021 Search Name INNOVATIVE OFFICE SOLUTIONS E 15-4300-060-60 E 01-4300-050-50 E 01-4300-070-70 E 01-4300-020-20 G 01-2010 Spec Fds Parks & Recreation Utility Enterprise Spec Fds Utility Enterprise Fire Road & Bridges Road & Bridges Parks & Recreation Golf Course Fire OFFICE SUPPLIES - PW Utility Enterprise OFFICE SUPPLIES - PW Road & Bridges OFFICE SUPPLIES - PW Parks & Recreation OFFICE SUPPLIES - PD Police OFFICE SUPPLIES - ADMIN $490.05 $374.81 $374.81 $5,891.00 $5,891.00 $63.03 $126.06 $395.42 $63.04 $179.07 $126.07 $63.03 $126.07 $174.11 $1,315.90 $800.00 $800.00 $46.33 $24.30 $42.17 $46.33 $29.96 $1.26 $1.26 $1.26 $11.73 $314.67 $46.34 $40.50 $119.96 $30.97 $302.23 $1,059.27 $160.57 $160.57 $22.45 $112.25 $89.80 $28.11 $65.36 88 of 173 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 01/09/24 PAY Account Comments DEPT Descr Amount 01/05/24 9:00 AM Page 6 G 01-2010 OFFICE SUPPLIES - ADMIN Search Name INNOVATIVE OFFICE SOLUTIONS Search Name JACOBSON, CHERYL G 01-2010 Search Name JACOBSON, CHERYL Search Name K&S ENGRAVING, LLC G 01-2010 Search Name K&S ENGRAVING, LLC Search Name LELS G 01-2075 Search Name LELS Search Name LARRIVE, JOHN E 01-4410-020-20 Search Name LARRIVE, JOHN Search Name LEAGUE MN CITIES E 01-4400-109-09 E 01-4223-020-20 Search Name LEAGUE MN CITIES Search Name LOCAL UNION NO. 70 G 01-2075 Search Name LOCAL UNION NO. 70 Search Name LOGIS G 01-2010 E 01-4220-114-14 E 01-4220-114-14 E 01-4220-114-14 E 01-4220-114-14 E 01-4301-030-30 E 01-4223-020-20 E 01-4223-020-20 G 01-2010 E 01-4220-114-14 G 01-2010 E 01-4220-114-14 G 15-2010 G 01-2010 G 01-2010 G 01-2010 G 01-2010 G 15-2010 G 23-2010 G 01-2010 G 01-2010 G 01-2010 G 01-2010 E 01-4220-114-14 Search Name LOGIS 2023 MEE 11NG EXPENSE REIM BLDG MAINT - FIRE JANUARY 2024 UNION DUES N EAR EARPIECE REIMBURSEM Police 2024 ELECTED LEADERS INSTI City Council PEACE OFFICER TRAINING - P Police JANUARY 2024 UNION DUES DEC NETWORK SERVICES HOSTED WIRELESS MGMT HOSTED SEIM HOSTED BACKUPS/SERVER/PA APPLICATION SUPPORT INTER APPLICATION SUPPORT - 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E 01-4301-114-14 Search Name OPG-3, INC. Search Name OXYGEN SERVICE CO G 01-2010 G 01-2010 G 15-2010 G 01-2010 Search Name OXYGEN SERVICE CO Search Name PITNEY BOWES G 01-2010 Search Name PITNEY BOWES Search Name PRECISE MRM LLC G 01-2010 Search Name PRECISE MRM LLC Search Name R D 0 EQ CO G 01-2010 Search Name R D 0 EQ CO Search Name R K HUNTER G 08-2010 Search Name R K HUNTER Search Name RAY 0 HERRON CO. INC. 2024 LASERFICHE LICENSES CYLINDER RENTAL - PW CYLINDER RENTAL - PW CYLINDER RENTAL - PW CYLINDER RENTALS - FIRE INK - ADMIN OPERATING SUPPLIES - STREE EQUIP REPAIR - STREET BLDG MAINT - CITY HALL G 01-2010 AMMUNITION - PD Search Name RAY 0 HERRON CO. INC. Search Name SAFE -FAST, INC. G 01-2010 Search Name SAFE -FAST, INC. Search Name SAFETY SIGNS G 01-2010 Search Name SAFETY SIGNS Search Name SAVATREE G 01-2010 G 01-2010 Search Name SAVATREE UNIFORM - STREET TRAFFIC SIGNS TREE PRUNING - TREE CITY TREE PRUNING - TREE CITY Info Tech $138.55 $2,051.60 $644.94 $226.91 $226.91 $29.37 $41.35 $662.00 $226.92 $5,619.24 $10,464.00 $10,464.00 $58.87 $58.87 $58.87 $208.68 $385.29 $182.58 $182.58 $20.00 $20.00 $533.23 $533.23 $680.00 $680.00 $7,420.30 $7,420.30 $ 20.00 $20.00 $990.00 $990.00 $3,727.00 $1,608.00 $5,335.00 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 01/09/24 PAY Comments DEPT Descr Amount 92 of 173 01/05/24 9:00 AM Page 10 Search Name SESAC E 01-4435-200-70 Search Name SESAC Search Name SHATTER TACTICAL LLC MUSIC LICENSE FEE 1/1/24-12 Parks & Recreation G 01-2010 OPERATING SUPPLIES - FIRE Search Name SHATTER TACTICAL LLC Search Name ST. PAUL PIONEER PRESS G 01-2010 G 01-2010 G 01-2010 G 01-2010 G 01-2010 G 01-2010 NOV 2023 NOV 2023 NOV 2023 NOV 2023 NOV 2023 NOV 2023 Search Name ST. 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PAUL, CITY OF Search Name STANDARD INSURANCE G 01-2071 G 01-2074 E 01-4131-110-10 E 15-4131-060-60 E 08-4131-000-00 E 01-4131-105-15 E 01-4131-070-70 E 01-4131-050-50 E 01-4131-030-30 E 01-4131-020-20 G 01-1145 Search Name STANDARD INSURANCE Search Name STREICHERS LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES - E LEGAL NOTICES ASPHALT MIX - STREET JAN 2024 JAN 2024 JAN 2024 JAN 2024 JAN 2024 JAN 2024 JAN 2024 JAN 2024 JAN 2024 JAN 2024 JAN 2024 PREMIUM - LIFE/DIS PREMIUM - LIFE/DIS PREMIUM - LIFE/DIS PREMIUM - LIFE/DIS PREMIUM - LIFE/DIS PREMIUM - LIFE/DIS PREMIUM - LIFE/DIS PREMIUM - LIFE/DIS PREMIUM - LIFE/DIS PREMIUM - LIFE/DIS PREMIUM - LIFE/DIS G 01-2010 UNIFORM - PD Search Name STREICHERS Search Name SWANSON HASKAMP CONSULTING G 01-2010 OCT PLANNING SERVICES G 01-2010 ZONING CODE UPDATE G 01-2010 NOV PLANNING SERVICES Search Name SWANSON HASKAMP CONSULTING Search Name TIME SAVER OFF SITE SEC. SVC. G 01-2010 12/6/23 CITY COUNCIL MINUT G 01-2010 12/12/23 PARK & REC COMMIS Search Name TIME SAVER OFF SITE SEC. SVC. Search Name TRACKER PRODUCTS LLC E 01-4301-020-20 ANNUAL SAFE PROFESSIONAL Search Name TRACKER PRODUCTS LLC Administration Utility Enterprise Spec Fds Engineering Enterprise Parks & Recreation Road & Bridges Fire Police Police $581.00 $581.00 $160.00 $160.00 $17.64 $172.48 $84.28 $79.38 $109.76 $51.45 $514.99 $2,316.60 $2,316.60 $1,792.74 $1.10 $219.22 $180.48 $133.16 $140.18 $239.48 $267.01 $1.40 $754.40 -$1.40 $3,727.77 $94.99 $94.99 $13,918.75 $4,130.00 $7,238.75 $25,287.50 $196.75 $196.75 $393.50 $2,161.00 $2,161.00 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 01/09/24 PAY Comments DEPT Descr Amount 93 of 173 01/05/24 9:00 AM Page 11 Search Name TRI COUNTY LAW ENFORCE. ASSOC. E 01-4404-020-20 2024 MEMBERSHIP DUES Search Name TRI COUNTY LAW ENFORCE. ASSOC. Search Name TRI STATE BOBCAT G 01-2010 Search Name TRI STATE BOBCAT Search Name VERIZON WIRELESS E 01-4210-030-30 E 01-4210-050-50 E 45-4210-045-45 E 01-4210-070-70 Search Name VERIZON WIRELESS Search Name WIESE EQUIP REPAIR - STREET 12/24/23-1/23/24 CELL SERVIC 12/24/23-1/23/24 CELL SERVIC 12/24/23-1/23/24 CELL SERVIC 12/24/23-1/23/24 CELL SERVIC G 01-2010 SHELVES/RACKING - PD Search Name WIESE Police Fire Road & Bridges Golf Course Parks & Recreation $90.00 $90.00 $11.04 $11.04 $110.03 $56.13 $40.01 $82.46 $288.63 $994.00 $994.00 $2,577,400.32 94 of 173 95 of 173 ryij REQUEST FOR CITY COUNCIL ACTON MEETING DATE: January 9, 2024 AGENDA ITEM• Adopt Resolution 2024-04 Approving a Wetlands Permit for 947 Wagon Wheel • Trail — Planning Case 2023-29 ITEM TYPE: ❑ Consent ❑ Presentation/Recognition ❑ Public Hearing DEPARTMENT: ACTION REQUEST: 0 New/Unfinished Business Planning/ Community Development CONTACT: Sarah Madden, Community Development Manager Adopt Resolution 2024-04 approving a Wetlands Permit to allow the permitting and construction of a new single-family dwelling at 947 Wagon Wheel Trail. BACKGROUND: The subject property is generally located at the northwest corner of where Wagon Wheel Trail meets up with Rogers Lake -North. The property is accessed by a partially paved and shared driveway off Wagon Wheel Trail, which also serves two separate single-family properties to the west. The applicant, SD Custom Homes, received Preliminary and Final Plat approval in the Spring of 2023 for a two -lot residential subdivision known as Lillies Lakeview. The plat approval noted that the future building pad layouts were preliminary and that a future wetlands permit review would follow. The dwelling proposed under this Wetlands Permit application is only for Lot 1 Lillies Lakeview addition. Per Title 12-Zoning, Chapter 2 Wetlands Systems, Sect. 12-2-3, any development or construction work on lands within 100-feet of normal high water markers of wetlands and water resources (as delineated on the official city wetlands systems map) shall be subject to a Wetlands Permit application review process. The Wetlands Ordinance further states that any work or development upon or which would otherwise alter a wetland or potentially impact a water related resource area, must obtain a written permit from the city. While the building pad location is greater than 100-feet of distance from the Ordinary High Water Line (OHWL) of Rogers Lake -North, the site work including grading in and around the property, and vegetation removal to prepare the site for home construction requires this permit before any work may begin. The new home meets all required setbacks for this lot. The proposed patio, upper screened porch, deck, and deck stairs are beyond the 75' setback from the OHWL. The proposed dwelling is setback 96 of 173 116-foot from the OHWL which is in excess of the 75-foot minimum OHWL setback which was delineated as part of the Preliminary and Final Plat of this site. In addition, the proposed 37.5-ft. No Impact Shore Zone exceeds the width of the 25' No Disturbance wetlands buffer that the City has required as a condition of approval on other wetland permit applications. The Site Plan shows many existing trees, with 65 trees indicated for removal (the majority of which are ash trees). A number of existing trees on the subject site will remain in place or be made part of the overall landscaping plans for the new dwelling. The proposed removals are consistent with the Wetlands Systems ordinance maximum threshold for tree removal. The applicant has indicated that the site will be seeded with a combination of hydroseeding and sod following the construction of the new dwelling. At the December 20, 2023, Planning Commission meeting, a planning report was presented. A duly noticed public hearing was held, and testimony was provided by one neighboring property owner with no issues with the proposal. The Planning Commission discussed the site plan and the inclusion of landscaping details as part of the staff and Commission review. They also discussed the future shed and pool which were illustrated on the provided site plans. A copy of the 12/20/2023 planning report and attachments are attached to this memo. As noted in the attachment, staff recommended approval of the Wetlands Permit. Through discussion, the Planning Commission voted 5-2 in support of the Wetlands Permit, with an added condition that the site plan be revised to remove reference to the future shed and future pool prior to the review by the City Council. The updated site plan has been provided by the applicant and is included as an attachment to this report. The applicant also stated that they would provide clarity on the intent for landscaping the property and have illustrated a landscape plan which is included as an attachment to this report. Through discussion, the Planning Commission determined that the applicant met the conditions set forth in City Code Section 12-2-6 and met the standards of the Wetlands Permit. FISCAL AND RESOURCE IMPACT: Not Applicable ATTACHMENTS: Resolution 2024-04 Planning Staff Report 12/20/23 Updated Site Plan Landscape Plan 97 of 173 CITY COUNCIL PRIORITY: 0 Economic Vitality & Community Vibrancy 0 Environmental Sustainability & Stewardship ❑ Premier Public Services & Infrastructure ❑ Inclusive & Responsive Government 98 of 173 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-04 RESOLUTION APPROVING A WETLANDS PERMIT AT 947 WAGON WHEEL TRAIL PLANNING CASE 2023-29 WHEREAS, SD Custom Homes/Sean Doyle, the Owner of 947 Wagon Wheel Trail, made an Application for a Wetlands Permit as proposed under Planning Case No. 2023-29; and WHEREAS, the subject property is guided Low Density Residential in the 2040 Comprehensive Plan and situated in the R-1 One Family Residential District, and WHEREAS, Title 12-2-6 of the City Code (Wetland Systems) allows certain activities to be performed within a wetland or water related resource area, provided that a written permit is first obtained; and WHEREAS, the Applicants will provide additional and suitable wetland protective vegetation and plantings along the edge of the pond, which will help to reduce any impacts caused by stormwater run-off from the rear yard area and project, and will help reduce any soil and contaminant runoff as a result of the new concrete steps; and WHEREAS, on December 20, 2023, the Mendota Heights Planning Commission conducted a public hearing on the proposed Wetlands Permit, and whereupon closing the hearing, recommended 5-2 to approve the Wetlands Permit on the subject property, with certain conditions and findings -of -fact to support said approval. NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that the recommendation from the Planning Commission on Planning Case No. 2023-29 is hereby affirmed, and the Wetlands Permit requested for the property located at 947 Wagon Wheel Trail is approved based on the following findings -of -fact: 1. The proposed construction activities related to the new dwelling project and allowed under this Wetlands Permit meets the purpose and intent of the City Code; and meets a number of goals and policies established under the Natural Resources chapter of the 2040 Comprehensive Plan. 2. All new work will have little, if any impacts to the adjacent lake, or the existing on -site drainage or drainage from surrounding properties. 3. Applicant will provide additional and suitable wetland protective vegetation material to serve as an effective natural buffering along the adjacent lake edge, which will help reduce any impacts caused by stormwater run-off from the yard areas, and help reduce any soil and contaminant runoff. Res. No. 2024-04 Page 1 1 99 of 173 4. This property will provide adequate erosion control measures throughout the duration of the project and until all areas of the property have been fully planted and restored, which will ensure protection and lessen any runoff impacts to the adjacent pond during and after construction. 5. The new dwelling project contemplated under this wetlands permit shall be done in accordance with the current rules and standards of the City's Land Disturbance Guidance document; and will be closely monitored by city staff to ensure compliance with all Building Codes and related City Codes. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Wetlands Permit requested for the property located at 947 Wagon Wheel Trail is hereby approved, with the following conditions: 1. Prior to the issuance of any building permit, the Applicant/Developer must provide a new and/or revised License Agreement with the city to approve any access from the undeveloped section of Rogers Avenue right-of-way. 2. The Applicant/Developer must provide to the City a revised (or new) Shared Driveway Easement Agreement signed by all owners (of record) of the adjacent residential properties utilizing Rogers Avenue right-of-way for private driveways and access. 3. The Applicant/Developer must provide a Best Management Practices (Stormwater Management) Agreement to the City as part of the building permit submittal and review process. 4. A landscape plan must be approved by city staff prior to issuance of any new building permit; and all new landscaping must comply with the Native and Pollinator Friendly Plantings List of the city. 5. All disturbed areas adjacent to the Rogers Lake edge shall be planted or seeded with MnDOT Seed Mix List #33-261. 6. Prior to the release of any escrow payment or issuance of any certificate of occupancy (C.O.) on the new dwelling, all disturbed areas must be shown or demonstrated that the new vegetative buffer seed mixture was successfully planted, and plant growth has been established, taking place or is holding. 7. Best efforts will be made by the contractor(s) to "come clean, leave clean" during the course of construction on the Subject Property, and ensure new ground mulch or plant materials are free of any invasive species. 8. No additional grading or other land disturbance shall occur within thirty-seven and one- half feet (37.5') from the edge of the adjacent water body, except for the installation of erosion control measures (if needed) or for the plantings of any new seed mixtures or landscaping materials, and only with city approvals. Res. No. 2024-04 Page l 2 100 of 173 9. Any grading and/or construction activity related to the development of this lot shall comply with all applicable federal, state, and local regulations and codes, as well as in compliance with the City's Land Disturbance Guidance Document. 10. Any new or existing sanitary or water service lines will have to be reviewed by the Public Works Director and/or St. Paul Regional Water Services prior to issuance of any building permit. 11. Full erosion/sedimentation measures shall be installed prior to commencement of work and maintained throughout the duration of the construction project. Erosion barriers shall be placed and maintained along the outer edges of the new home project work area and remain in place until all disturbed areas have been restored. 12. The new dwelling and any related construction work shall comply with all other and applicable standards and conditions under Title 12, Chapter 2 Wetlands Systems of City Code. 13. A building permit must be approved prior to the commencement of any construction work on the new residential dwelling. Construction work shall occur only between the hours of 7:00 am and 8:00 pm weekdays; and 9:00 am to 5:00 pm weekends. 14. The concept building pad for the future shed and concept outline for the future pool illustrated on the provided Site and Grading Plan to not represent or provide any pre - approval of these site improvements. Final layouts and setbacks must meet zoning ordinance standards and shall be reviewed under separate Wetlands and/or Building Permit applications in the future. 15. The applicant shall remove the artifacts referencing the shed and the pool from the map before moving to city council for review. Adopted by the City Council of the City of Mendota Heights this 9th day of January 2024. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor ATTEST: Nancy Bauer, City Clerk Res. No. 2024-04 Page l 3 101 of 173 EXHIBIT A Address: 947 Wagon Wheel Trail PIN: 274520001010 Legal Description: Lot 1, Block 1, LILLIES LAKEVIEW Res. No. 2024-04 Page 4 102 of 173 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota•heights.corn CITY OF MENDOTA HEIGHTS DATE: TO: FROM: SUBJECT: APPLICANT: PROPERTY ADDRESS: ZONING/GUIDED: ACTION DEADLINE: PLANNING STAFF REPORT December 20, 2023 Planning Commission Sarah Madden, Community Development Manager Planning Case 2023-29 WETLANDS PERMIT SD Custom Homes (Sean Doyle) 947 Wagon Wheel Trail R-1 One Family Residential/LR Low Density Residential January 26, 2024 INTRODUCTION The applicants are seeking a Wetlands Permit to allow the permitting and construction of a new single- family dwelling adjacent to Upper (North) Rogers Lake. A public hearing notice for this planning item was published in the Pioneer Press and notice letters were mailed to all properties within 350-feet of the subject property. The city has not received any comments or objections to this land use request. BACKGROUND / PROJECT DESCRIPTION The subject property is generally located at the northwest corner of where Wagon Wheel Trail meets up with Rogers Lake -North. The property is accessed by a partially paved and shared driveway off Wagon Wheel Trail, which also serves two separate single-family properties to the west. The original 945 WWT property was an un-platted parcel of land consisting of 6.05 total acres (including part of the adjacent lake). On April 26, 2022, the Planning Commission reviewed a proposed preliminary plat of "Lillies Lakeview" submitted by SD Homes/Sean Doyle, which plat was later approved creating two new single-family lots: Lot 1 consisting of 3.28 total acres and Lot 2 consisting of 2.06 total acres. The plat approval noted that the future building pad layouts were preliminary and that a future wetlands permit review would follow. The dwelling proposed under this Wetlands Permit application is only for Lot 1 Lillies Lakeview addition. Of the 3.28 acres within the parcel boundaries, 1.23 acres are above 103 of 173 the Ordinary High Water Line (OHWL) of Rogers Lake -North and the remaining acres are considered "water acres" of Rogers Lake (see GIS image — right). The applicant is seeking to construct a new two story home on the new (northern) lot. The home will be accessed from the "Rogers Avenue" ROW, which is not a fully improved public road system, and is currently being used as a shared driveway easement between the surrounding properties. The proposed Site Plan shows a large number of significant existing trees scattered throughout the subject property, sixty-five (65) of which are scheduled for removal as part of this new home location. ANALYSIS Per Title 12-Zoning, Chapter 2 Wetlands Systems, Sect. 12-2-3, any development or construction work on lands within 100-feet of normal high water markers of wetlands and water resources (as delineated on the official city wetlands systems map) shall be subject to a Wetlands Permit application review process. The Wetlands Ordinance further states that any work or development upon or which would otherwise alter a wetland or potentially impact a water related resource area, must obtain a written permit from the city. While the building pad location is greater than 100-feet of the Ordinary High Water Line (OHWL) of Rogers Lake -North, the site work including grading in and around the property, and vegetation removal to prepare the site for home construction requires this permit before any work may begin. The purpose of the Wetlands Systems chapter of City Code Section 12-2-1 is to: • Provide for protection, preservation, maintenance, and use wetlands and water resource -related areas; • Maintain the natural drainage system; • Minimize disturbance which may result from alteration by earthwork, loss of vegetation, loss of wildlife and aquatic organisms as a result of the disturbance of the natural environment or from excessive sedimentation; • Provide for protection of potable fresh water supplies; and • Ensure safety from floods. As part of any Wetlands Permit review, the city must consider and evaluate the following standards and conditions as noted in the Wetland Ordinance Section 12-2-7: • Runoff from developed property and construction projects may be directed to the wetland only when reasonably free of silt and debris and chemical pollutants, and at such rates such as not to disturb wetland vegetation or increase turbidity. • No deleterious waste shall be discharged in a wetland or disposed of in a manner that would cause the waste to enter the wetland or other water resource area. • Removal of vegetation shall be permitted only when and where such work within the W district has been approved in accordance with the standards of this chapter. • Removal of vegetation within the W district but outside the wetland shall be limited to that reasonably required for the placement of structures and the use of property. As part of the planning review for Lilies Lakeview subdivision in early 2022, staff provided a plat illustration which included proposed "setback delineation" boundaries for any new dwelling structure on each lot. This plat included a minimum front -yard setback of 30-feet from new easterly ROW line of Rogers Avenue (note: Lillie's Lakeview dedicated an additional 30-feet of land from the original 945 Wagon Wheel parcel, which created a 60-foot ROW section for future roadway purposes); a 15-foot side - yard setbacks; and a 75-foot rear yard setback — as measured from the ordinary high water line (OHWL) on Rogers Lake. This added setback is part of the Minn. Dept. of Natural Resources (DNR) identification Planning Case 2022-23 (945 Wagon Whl. Trl. — SD Custom Homes) Page 2 of 11 104 of 173 of Rogers Lake as a Recreational Development water body; with various structure setbacks noted in the table — below: Public Water Classification Structures Unsewered Structures Sewered Sewage Treatment System Lakes Natural Environment 150 150 150 Recreational Development 100 75 75 Rivers Urban 150 150 150 Since this new home is considered a Sewered Structure, it must meet or exceed the 75' setback as indicated. The new home meets all required setbacks for this lot. The proposed Site and Grading Plan for the new single-family dwelling is shown with a 30-foot setback from the west lot line or the easterly ROW line of the recently expanded Rogers Avenue roadway section; along with a setback 20' feet from the south line (shared with Lot 2, Lillies Lakeview; approximately 230-ft. from the east line (within Rogers Lake -North); and approximately 164-ft. from the north property line. The Site Plan includes a 75-foot setback line, along with a 37.5-foot "No Disturbance Buffer" line — both of which are offset from the OHWL of nearby Rogers Lake (see partial Site Plan image — below). The applicant has provided a 37.5' buffer, which is above and beyond what the City ordinance would require for a 25' no disturbance buffer on this lot. The proposed patio, upper screened porch, deck, and deck stairs are beyond the 75' setback from the OHWL. ,� ...44 I 1 eT89]. 6" MAPLE 1r ASH a 15" AS x° 6T ]l I �" MAPLE \ * 1eT81] NO" R 8"�SH tr \` CM 8• SH, _ _ O' ASH \` \' 6Q ""` Stl .� 300 �= 8" ASn 6 ASH �'r I 15' ASH ``\x 1TS81 ` 8' C RRY / I IS ASH I416n.39E��n�1FE NI \; "ASH lTsso "1 8" ASN 2-18" Ai-1 St _ _ _e _ _+I x lTT.27 S 8., :,.//it ;yy 1 6, A9�, \ _1 N x 12' rystL 15� A41 10' A{H \`V ASH\ IOW ASH 117/.r2 g p• Ayi xdTA9i ' A55. Aye 19" 0.�i ASH %IMAM WO 1 � 8.";: STTit 8' A5f1 .12" ASH Ate• 8• I2'\ 30.0_____�' 2" A5H \\ll ,\` -� 14" MAPLE 1 f 4ikA5 eTa.11 ASH 1 x o».ce 8TTil .7 l: LIJSTE 1 J$H ! c ;\\ ler \ \' 1p" ASH I an.� a1f sT1.]1 \ 1 I I DAB' ASH " ASH ASH xin,TO r 8' ASH 6" ON( d' CHERRY 6" ASH 410 xa3n `p 8' ASH `•• %\ 24' POTONMIOOD x \\\\ ��ff ‘\ 1 1 • ASH 6''FSH VVVFFF "["" a�p:S" MAPLE 8" A H Bi ASH ..A.,6" ASIM lip 6BHiASH "'...�8 8" At ,, _ "11 8' ASH \10' MAPLLUSTER j - _-0-1______ \_----- \ 1 11_8Tc_]s ORDINARY HIGH WATER (OHW) CONTOUR ELEVATION, 872.2 TOTAL LOT AREA: 142,874 SO. FT. OR 3.28 ACRES LOT AREA ABOVE 0HW: 53.453 SO- FT. OR 1.23 ACRES WATER ELEVATION-871.95 NGVD 29. MARCH 23, 2022 I5" ASH t 8" ASH 4 d1 The Site and Grading Plan shows a future 30'x24' shed to the north of the proposed home and a future pool east of the home and adjacent to the deck stairs and rear patio area. Both improvements are shown to be Planning Case 2022-23 (945 Wagon Whl. Trl. — SD Custom Homes) Page 3 of 11 105 of 173 located outside of the 75' setback, however the corner of the surrounding pool decking is illustrated to encroach approximately 6' into the setback, and the proposed pool itself is within the 100' wetland buffer and would be subject to an additional future Wetlands permit if the future homeowners proceed with a pool in that location. The identified future shed is beyond the 100' buffer and may not require additional review beyond the administrative building permit process. The closest point of the new dwelling (the SE corner) is approximately 116-feet to the OHWL line of Rogers Lake. The closest point of the proposed deck stairs is 103' from the OHWL and the closest point of the proposed patio is 101' from the OHWL. The Site and Grading Plan illustrates new, gradual grades to be created from the outer perimeter of the new dwelling, with slopes and drainage patterns leading away from all sides. The City reviews grading, drainage and erosion control as part of the Wetlands Permit process for stormwater runoff and management. The Erosion Control Plan illustrates the proposed drainage direction away from the new dwelling. Drainage from the north and east sides of the home are being directed partially or directly towards Rogers Lake. The ground -floor elevation of the northwest corner of the proposed dwelling is 885.3, and the lowest grade of the dwelling in the southeast corner is 876.63 which is consistent with the Wetlands System ordinance requirement that the lowest floor elevation must be at least 3' above the highest known water level. The OHWL of Rogers Lake is 872.2, and the highest known water level The Plan outlines a perimeter of silt fence or bio rolls which will be present prior to construction (see partial Erosion Control Plan - below) and identifies a "37.5-ft. No Impact Shore Zone" as a wetland buffer following the lake edge and beginning in width at the OHWL. The contours illustrated on both the Site and Grading Plan, and the Erosion Control Plan indicate that no additional tree removal or disturbance through grading associated with the project will be located beyond the perimeter erosion control measures. Some tree removal and grading will occur west of the parcel within the undeveloped Rogers Avenue ROW; grading and placement of erosion control will also be present on the adjacent property to the south, which is owned in common by the applicant/developer. 1ElPORARY ROM Ca SINNCTICN SITE ENTRANCE PAD. HATCHED, (SEE OETAL) 10 oN + x l 1 IF .R® ,W. i @r N g '® xxn, Lena S ASH Q' xAI III Stir fTe xs Ll 2 LJ 7 ,11Y� =x�a 0d � \B80 INSTALL SILT FENCE OR EE1 ROLLS. (SEE CURL) -ORDINARY HIGH WATER ((MiW) OCNTGOR ELEYA2DN: OT2.2 TOTAL LOT AREA: 1423174 SO. FT. OR 3.. ACRES LOT AREA ABOVE OH* 53.453 SC. F. OR 1.23 ACRES ...-RATER ELEYATON-011. 95 NOM) 29. MARCH 25, 2u22 1 w Q J Planning Case 2022-23 (945 Wagon Whl. Trl. — SD Custom Homes) Page 4 of 11 106 of 173 The proposed 116-foot building setback of the home from the OHWL is in excess of the 75-foot OHWL setback which was delineated as part of the Preliminary and Final Plat of this site. In addition, the proposed 37.5-ft. No Impact Shore Zone exceeds the width of the 25' No Disturbance wetlands buffer that the City has required as a condition of approval on other wetland permit applications. The enhanced buffer along this lake edge will help to reduce and eliminate any runoff from the site and into the water resource area. To provide an even more effective filtration system, city staff is also requesting the developer seed this buffer area with a preferred native seed mixture, in order to create and maintain a permanent vegetative area and buffer along this lake edge. With other wetland permit applications, the City has included a condition of approval that developers provide a MnDOT Seed Mix #33-261, as that is particularly designed and formulated for areas along wetland features. As part of the city's updated Stormwater Management standards, all new (larger) residential development sites must now provide a Stormwater Best Management Practice (BMP) Plan, which proves or demonstrates the site will retain 1.1 inches of rainwater/runoff from any new impervious surfaces. A BMP Agreement is now being required as part of new building permit submittals, and recorded against the property. This BMP Agreement is typically handled through the building permit process. Trees & Vegetation As part of the previous planning report on Lillies Lakeview plat request, this same Applicant/Developer provided a very detailed survey and plan that illustrates a large number of significant trees scattered throughout the original 945 WWT property. Most of these trees were identified as deciduous species consisting of ash, maples, cherry, cottonwood, and oaks ranging in various sizes between 6 — 24-inches in diameter, along with a few 6 — 12-ft. high pine or coniferous trees; and this report indicated or stated the following: "The Applicant/Developer intends to preserve and protect a number of these trees during the removal of the old structures, and save as many as possible during the course of constructing the new homes on each lot. However, the large number of ash trees identified on this site may lead to a number of these trees to be removed as part of the EAB management program. [Developer] has stated they will make every effort to save and protect any significant trees throughout the site; and agreed to provide individualized and custom designed (architectural) landscape plans on each new home site that will comply with the city's Pollinator Friendly Policy, with new trees and vegetation to comply with the related Native Plantings List. " As noted previously, the Site Plan shows many existing trees, with 65 trees indicated for removal on the attached "Trees to Be Removed Plan". (The majority of the scheduled removals are ash trees, with an additional 3 Maples and 2 Cottonwood trees). A number of existing trees on the subject site will remain in place or be made part of the overall landscaping plans for this new home project — primarily a significant number of mature ash trees, as well as 5 maples, 1 cottonwood, 2 cherry, 2 pines, and 3 oaks. With the 65 trees indicated for removal, approximately 88 trees are scheduled to remain which does not place this removals plan beyond the 50% maximum removals threshold within Chapter 2: Wetlands Systems of the Zoning Title. The ordinance also notes that the removal of damaged or diseased trees shall not be prohibited; there are a significant number of ash trees on this site that may lead to future removal as a result of the Emerald Ash Borer. A separate landscape plan noting new vegetation and plantings was not submitted by the Applicant, however the Erosion Control Plan does indicate that the site will be re -vegetated following final grading, and that final landscaping would have a seeding or sod component. A condition has been included in the recommendation section of this report which requires that all new landscaping be consistent with the Native and Pollinator Friendly Plantings List of the City. Utility & Access Plans The approved Lillies Lakeview plat showed new and separate water and sanitary service lines would be connected to the existing Wagon Wheel Trail systems, and extended north inside the Rogers Avenue ROW section, and serve both new lots at this location. It was assumed that any proposed new home on Lot 2 would re -use the existing services provided to the old 945 WWT dwelling. The applicant/developer has made the decision to move forward with developing Lot 1 (this application) first, with plans to come back Planning Case 2022-23 (945 Wagon Whl. Trl. — SD Custom Homes) Page 5 of 11 107 of 173 to the southern Lot 2 in the future. For the existing connections that served the old 945 WWT dwelling, if it is determined by the developer these services are no longer feasible, approval of any new (or existing) service lines will have to be reviewed by the Public Works Director and/or St. Paul Regional Water Services prior to the issuance of any building permit. The two properties to the west of the subject site - 953 and 963 Wagon Wheel Trail have access over and across the undeveloped section of Rogers Avenue ROW by means of a License Agreement approved by the City in 2013 (see attachments). This agreement was created as part of a lot split approval at or around the same time. This license agreement also provided a Shared Driveway Maintenance Agreement between all the properties using this right of way. The two new properties created under Lillies Lakeview were also approved to have their access granted under a new (or revised) License Agreement with the city, and if necessary, the two adjacent properties to the west (which currently have such an agreement). The Applicant was required to prepare or submit a revised Shared Driveway Agreement between all residential properties utilizing this undeveloped ROW for private driveways and access. At this time, the Applicant has not provided this agreement; and no building permit can be issued until such agreement has been submitted, reviewed and approved by the city. City Goals and Policies City staff has identified a select number of Goals and Policy statements from the Natural Resource chapter of the 2040 Comprehensive Plan, which we feel provides additional support in granting approval of this requested Wetlands Permit, as follows: GOAL 1: Develop a professional, comprehensive, strategic Natural Resources Management Plan for city-wide natural areas and natural resources. Policies: 9. Protect steep slopes, bluffs, and other sensitive areas from erosion and other threats, specifically throughout the development process. 10. Encourage and promote the use of conservation design principles. GOAL 2: Protect, connect, restore, buffer, and manage natural areas, wildlife habitat, and other natural resources, for high ecological quality and diversity of plant and animal species. Policies: 1. Monitor new developments for restoration and invasive plant management. 4. Restore areas throughout the city with pollinator -friendly or native species to protect and enhance habitat for native pollinators and birds. 7. Explore the development of ordinances and or policies that establish minimum soil standards for development and redevelopment that can support turf, plantings, and/or healthy turf alternatives. 10. Prior to approval of landscape and development plans, work with applicants to encourage the preservation and installation of high ecosystem value communities. GOAL 3: Protect and restore the natural ecological functions of the city's water resources with emphasis on the improvement of stormwater management. Policies: 1. Explore and develop operational and procedural modifications to better enhance and support the thriving of the natural environment. Planning Case 2022-23 (945 Wagon Whl. Trl. — SD Custom Homes) Page 6 of 11 108 of 173 2. Work with partners to implement projects and develop and support programs that encourage infiltration, to reduce stormwater runoff and pollution to water -bodies. 4. Identify areas within the city, including public and private land that are lacking adequate stormwater treatment, and other stormwater BMPs. Implement projects to establish functioning stormwater treatment in order to protect and improve the city's water resources. ALTERNATIVES 1. Approve the Wetlands Permit for 947 Wagon Wheel Trail based on certain findings -of -fact, along with specific conditions of approval; or 2. Deny the Wetlands Permit for 947 Wagon Wheel Trail based on revised findings -of -fact supporting such a recommendation as determined by the Planning Commission; or 3. Table the request and direct staff to extend the application review period an additional 60-days, pursuant to MN State Statute 15.99. STAFF RECOMMENDATION Staff recommends approval of the requested Wetlands Permit to SD Custom Homes/Sean Doyle and for the property located at 947 Wagon Wheel Trail, which would allow the construction of a new single-family residential dwelling, based on the attached findings -of -fact and subject to the following conditions: 1. Prior to the issuance of any building permit, the Applicant/Developer must provide a new and/or revised License Agreement with the city to approve any access from the undeveloped section of Rogers Avenue right-of-way. 2. The Applicant/Developer must provide to the City a revised (or new) Shared Driveway Easement Agreement signed by all owners (of record) of the adjacent residential properties utilizing Rogers Avenue right-of-way for private driveways and access. 3. The Applicant/Developer must provide a Best Management Practices (Stormwater Management) Agreement to the City as part of the building permit submittal and review process. 4. A landscape plan must be approved by city staff prior to issuance of any new building permit; and all new landscaping must comply with the Native and Pollinator Friendly Plantings List of the city. 5. All disturbed areas adjacent to the Rogers Lake edge shall be planted or seeded with MnDOT Seed Mix List #33-261. 6. Prior to the release of any escrow payment or issuance of any certificate of occupancy (C.O.) on the new dwelling, all disturbed areas must be shown or demonstrated that the new vegetative buffer seed mixture was successfully planted, and plant growth has been established, taking place or is holding. 7. Best efforts will be made by the contractor(s) to "come clean, leave clean" during the course of construction on the Subject Property, and ensure new ground mulch or plant materials are free of any invasive species. 8. No additional grading or other land disturbance shall occur within thirty-seven and one-half feet (37.5') from the edge of the adjacent water body, except for the installation of erosion control measures (if needed) or for the plantings of any new seed mixtures or landscaping materials, and only with city approvals. 9. Any grading and/or construction activity related to the development of this lot shall comply with all applicable federal, state, and local regulations and codes, as well as in compliance with the City's Land Disturbance Guidance Document. Planning Case 2022-23 (945 Wagon Whl. Trl. — SD Custom Homes) Page 7 of 11 109 of 173 10. Any new or existing sanitary or water service lines will have to be reviewed by the Public Works Director and/or St. Paul Regional Water Services prior to issuance of any building permit. 11. Full erosion/sedimentation measures shall be installed prior to commencement of work and maintained throughout the duration of the construction project. Erosion barriers shall be placed and maintained along the outer edges of the new home project work area and remain in place until all disturbed areas have been restored. 12. The new dwelling and any related construction work shall comply with all other and applicable standards and conditions under Title 12, Chapter 2 Wetlands Systems of City Code. 13. A building permit must be approved prior to the commencement of any construction work on the new residential dwelling. Construction work shall occur only between the hours of 7:00 am and 8:00 pm weekdays; and 9:00 am to 5:00 pm weekends. 14. The concept building pad for the future shed and concept outline for the future pool illustrated on the provided Site and Grading Plan to not represent or provide any pre -approval of these site improvements. Final layouts and setbacks must meet zoning ordinance standards and shall be reviewed under separate Wetlands and/or Building Permit applications in the future. ATTACHMENTS 1. Letter of Intent (Applicant/Developer) 2. General Location/Aerial Map 3. Certificate of Survey 4. Site & Grading Plan 5. Erosion Control Plan 6. Trees To Be Removed Plan 7. Wetlands Map 8. Soils Map / Classification 9. License Agreement 10. Shared Driveway Maintenance Agreement 11. Proposed Basement Floor Plan 12. Proposed First Floor Plan 13. Proposed Second Floor Plan 14. Proposed Exterior Elevations Planning Case 2022-23 (945 Wagon Whl. Trl. — SD Custom Homes) Page 8 of 11 110 of 173 FINDINGS -OF -FACT FOR APPROVAL Wetlands Permit for SD Custom Homes/Sean Doyle 947 Wagon Wheel Trail Planning Case No. 2023-29 1. The proposed construction activities related to the new dwelling project and allowed under this Wetlands Permit meets the purpose and intent of the City Code; and meets a number of goals and policies established under the Natural Resources chapter of the 2040 Comprehensive Plan. 2. All new work will have little, if any impacts to the adjacent lake, or the existing on -site drainage or drainage from surrounding properties. 3. Applicant will provide additional and suitable wetland protective vegetation material to serve as an effective natural buffering along the adjacent lake edge, which will help reduce any impacts caused by stormwater run-off from the yard areas, and help reduce any soil and contaminant runoff. 4. This property will provide adequate erosion control measures throughout the duration of the project and until all areas of the property have been fully planted and restored, which will ensure protection and lessen any runoff impacts to the adjacent pond during and after construction. 5. The new dwelling project contemplated under this wetlands permit shall be done in accordance with the current rules and standards of the City's Land Disturbance Guidance document; and will be closely monitored by city staff to ensure compliance with all Building Codes and related City Codes. Planning Case 2022-23 (945 Wagon Whl. Trl. — SD Custom Homes) Page 9 of 11 111of17o SITE PHOTOS —g4S-947WAGON WHEEL TRAIL (EARLY 2022 LOOKING NORTHWARD FROM SOUTH LOT LINE LOOKING NORTHEAST FROM SOUTH LOT LINE LOOKING EASTERLY —TOWARDS nossnsLAKE EXISTING ACCESS. BUILDINGS & SHEDS (HOME SITE) 112 of 173 LOOKING EASTERLY FROM FUTURE DRIVEWAY ENTRANCE (HOME SITE) LOOKING SOUTHWARD — SHARED DRIVEWAY LOOKING NORTHWARD — ROGERS AVE. ROW (WOODED AREA TO RIGHT OF PHOTO IS NORTHERN SIDE YARD OF HOME) LOOKING SOUTHWARD — ALONG SHARED DRIVEWAY Planning Case 2022-23 (945 Wagon Whl. Trl. — SD Custom Homes) Page 11 of 11 113 of 173 s n CUSTOM HOMES November 27, 2023 Ryan Ruzek City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: 947 Wagon Wheel Wetland Permit Ryan: We are requesting a Wetland Permit relating to the property at 947 Wagon Wheel Trail. Please consider the following: Intent: We are building a single-family home that requires a Wetland Permit. Our Request: That we are granted a Wetland Permit for the construction of a new single-family home. Sincerely, Sean Doyle Chief Manager SD Companies, LLC, d.b.a. SD Custom Homes 750 Main Street, Suite 223, Mendota Heights MN 55118 651-248-8494 114 of 173 Location Aerial Map 947 Wagon Wheel Trail Date: 12/13/2023 0 340 SCALE IN FEET City of Mendota Heights GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. 115 of 173 VR 1 -OH W- i r - / \ -I- I / \ A I . H- 1 1 1 1 1 1\ 1 -, L - \ / I I \ / I '1 I I L 1 J • I I L 1 J O DENOTES MONUMEN X xxx.xx DENOTES -xxx-------DENOTES - w-DENOTES - a -DENOTES - ss-DENOTES - sii-DENOTES o DENOTES ❑ DENOTES O- DENOTES Q DENOTES O DENOTES © DENOTES ® DENOTES X DENOTES 0 DENOTES c6❑ DENOTES © DENOTES © DENOTES U DENOTES DENOTES DENOTES DENOTES 877.42 x x 880.72 \ / / V 1 _ \ / I -I- /\ \ A / t. lc'''. I 1 1 r 1 1 1 \/\/ I\ I H- 1 1- 1 \/ V V I l....it III 826 876.42 0, ' '6T`.SH 1874.30\ 1 O.00 1'`, 76.6- - O� .0\ 12" ASH x 875.13 ,5 8" ASH --- 8" ASH 12" ASH i �� ` \ 15 ASH �. X,$ I 1$ x 879.03 15; A9-I t�' \ 875.92 � 15" AS \ x 873.76 15' I AS ` 15" ASH \ 878.21Nwr�;, 8" ASH � \ 3-12" ASH \ X ___X 873.90 874.45 873.98 /\ / ,>s L _ S89'57'35"E A f` I / r- H' /_\ 1\ 1 1-, 1-- I \ / \ I l \ / L 880.06 1879.70 1 x 879.84 BITUMINOUS DRIVE cP 30 6" ASH '\ 30" OAK x 880.41 // / XI 0.22 18" ASH 18" ASH 879.61 15 ASH 10" ASH 87L35 N. O N N • ` I 6" \ SH 10" OAK X 879.12 r , . 2-18" 1�- 2-10" ASH 8" ASH x 878J7 X 877.61 18" Aa-1 \SH 8" ASH X 877.41 '478" ASH '8" ASH 15" ASH 8" ASH 877.55 \�I a CO O 1 � \` \ O 0 879.47 \ Z 60" COTTONWOOD \f---- I-30.0 LLJ z LLJ U) 0 0 878.27 x 3e 3e CLEANOUT 12" 87 18" o m m x ASH 39 H 15 x 877.,52 876.93 X 1; 115" ASH 18" ASH 6" ASH X 877.39 4 X 875.39 6" ASH `�\ X 873.44 8" ASH 6" MAPLE \ `\ ,\ X 875.07 \\\� `.�" MAPLE \ '`. 8" xASH 876.78 6" ASH ' *`12" PSH 15" ASH 877.41 877.19 x 8" 1SH 8"IASH 6"I ASH II 877.09 877.16 877.43 877.56 IASH 6" ASH I12" ASH I15" ASH xl M co L X 877.69 X 877.29 8" ASH 18" Ls,„ 1146,- I I 10" ASH 10" ASH 6" ASH 876.97 x x co x'878.00 15" ASH x 877.22 8" ASH 8 \`\ X 875.81 \\ \" ASH 10" AH 18" ASH y5" ASH x 876.99 \ 873 44 `5 \ - 8" ASH \ t•- ASH `\ " 9\ 345.00 Np� EP ZONE 6" ASH 8" CRERRY 5" ASH 873.84 8" ASH 8" ASH 6^ A 2 ASH 225.00 ORDINARY HIGH WATER (OHW) CONTOUR ELEVATION: 872.2 x \ 8" ASH ` \ \\`873.30 \ 'N 8" ASH \ N 6" ASIi\ 10" ASH 8" ASH 8" ASH N 12" AS \, " 8" ASH 12" kSH 8" ASH 12" ASH x X\ 876.11 8" ASH 8" ASH 876 76 \ 12" ASH X 877.72 \ `� 15" ASH �8" ASH 05.51 8" ASH x1878.14 6 ASH x 877.70 12" ASH 6" ASH 8" ASH 12" ASH 12" ASH 877.92 877.50 x 12" ASH X 877.51 RASH 2-18" ASH 15" ASH 8" ASH 6" ASH x / s.8Z8.01 r I6" ASH „,. 6" ASH • j X 878.03 878.38 48" MAPLE 6" ASH 6" ASH \\ x 873.66 ASH CLUSTER\ \ ;'‘\ A.SH 874.71 6" ASI� \` ` ASH `s 1� CLUSTER 10yA11 12" MAPL,E 10" ASH TOTAL LOT AREA: 142,874 SQ. FT. OR 3.28 ACRES LOT AREA ABOVE OHW: 53,463 SQ. FT. OR 1.23 ACRES WATER ELEVATION=871.95 NGVD 29, MARCH 23, 2022 BLOCK 6" OAK\ 8 CHERRY \` \\ X 873.56 10" OA\K, x 6" ASH \ -`\875.75 \ASH 6" ASH \ 877.33 `s 10" ASH X 10" `,ASH 10" ASH 10" ASH X 878.76 25" MAPLE X 878.73 X 878.87 -\\\ BUILDING SETBACK LINE X 879.16 37 20" MAO \\ PLE ui 20" ASH x 881.48 \0.01 215.00 , • Sy 10" AS1i e3 �sy o 12" ASH,/ i 877.59 ' X 6" ASH 24" OA 879.23 8" ASH 6" \ASH 8" 4H 24" COT NWOOD \x 873.83 N 8"\AS1 W; 8" ASH \\ `` \ 5" MAPLE 8"\ASH \ \ X 873.38 6"';ASH H`, 8" ASH \ 10" MAPLE ` CLUSTERI ‘‘‘, \ F-`----- \ 1 X1874.18 \ I 877.96 10" PINE < 8" PINE' 6" ASH 8" ASH 1 1 12"/MAPLE / X I �\ 879.2 I \ \880 N89'58'54"W 881.80 x SCALE IN FEET 30 60 X 882.25 X 882.02 881.70 x 880.46 120 G E D 14 INCH X 5/8 INCH REBAR T FOUND CAPPED RLS 16464. EXISTING SPOT ELEVATION EXISTING GRADE CONTOUR UNDERGROUND GAS LINE WATER MAIN OR SERVICE SANITARY SEWER OR SERVICE STORM SEWER CHAIN -LINK FENCE WOOD FENCE GUY ANCHOR TELECOM MANHOLE STORM SEWER MANHOLE SANITARY SEWER MANHOLE WATER MAIN MANHOLE WATER VALVE WATER WELL CATCH BASIN GAS METER ELECTRIC METER UTILITY POLE OVERHEAD UTILITY WIRES FIRE HYDRANT CONCRETE SURFACE SCALE: 1 INCH = 30 FEET X 881.88 J DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: NO SCALE 5 FT. ----IN-] r--- 10 FT. 5 FT. r---10 FT. BEING 5 FEET IN WIDTH ADJOINING SIDE LOT LINES, AND BEING 10 FEET IN WIDTH ADJOINING PUBLIC WAYS UNLESS OTHERWISE SHOWN ON PLAT. BASIS OF BEARINGS: DAKOTA COUNTY COORDINATES NAD-83 (1986 ADJUSTMENT) 947 WAGON WHEEL TRAIL, MENDO TA HEIGHTS, MN Client: Mr. Sean Doyle SD Custom Homes 750 Main Street, Ste 223 Mendota Heights, MN 55118 g Design by JF Original date 11-21-23 I certify that this survey, plan or report was prepared by me or under my direct supervision, and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. 9-ejOCi91‹ Drawn by DF/RP Revisions Jonathan L. Faraci Date 11-21-23 Minnesota Reg. No. 16464 LAKE AND LAND SURVEYING, INC. SURVEYING/CIVIL ENGINEERING 1200 CENTRE POINTE, SUITE 375 ST PAUL, MN. 55120 PHONE (651) 776-6211 E-MAIL JONFARACI®HOTMAILCOM Survey book No. Page title CERTIFICATE OF SURVEY S.A.P.number 2022.044 Sheet number of )17380.09 245.00 X 881.61 O co co J J 6" PINE 877.19 ; • 877.56 / X i I / 24" 030 co AK i 4) • 20.00 REBAR 5/ INCH 3-8" ASH STAMPED 16464 ix 873.83 X 874.35' co 15" OAK N00'01'06"E Li) C0 N 0 0 d 1 1 J 1 (r) II 0 � 0 IIv ORDINARY HIGH WATER (OHW) CONTOUR ELEVATION: 872.2 C. aRo�N�o 80 e227n•. 5s o44.._ LAKE de LAND SURVEYING, INC. 1200 CENTRE POINTE CURVE, SUITE 375 SAINT PAUL, MINNESOTA 55120 PHONE: 651-776-6211 Olyik Legal Description: Lot 1, Block 1, LILLIES LAKEVIEW, according to the recorded plat thereof, Dakota County, Minnesota. S00'01'06"W • BITUMINOUS CONCRETE CURB SIDEWALK 116 of 173 L 877.42 x X 880.72 826 876.42 __-X 873.90 874.45 873.98 , 6b\ SH 1'874.30\ • X 875.13 ,rj ` 12" ASH i 141e. �� o _____ -- 12" ASH I ---- 8" ASH \.,,,„ BIB `, 15" A9-I X 879.03 880.06 1879.70 X 879.84 X 880.41 �i i XI 0.22 18" ASH 18" ASH 879.61 15 ASH 879.47 rn z z 1- 879.47 cP LLJ z LLJ Q LLJ 0 6" ASH 30" OAK 15' I 878.21 8" ASH \3-1 ' ASH `• II 876.93 • 6" SH X 871_35 `m` X I8"`.PSH 1878.13 d N N 10" OAK X 879.12 i / 2-18" AH 2-10" ASH x 8" H xAS878.; 8 SH 879.64 30 0 877.61 877.41 X 18" Aa-1 X :77.55 878.27 x 12" ASH Il n 879.3 18" ASH 15 6" ASH S89'57'35"E 345.00 FIRST FLOOR=887.49 TOP OF BLOCK=VARIES TOP OF BLOCK FRONT=885.80 TOP OF BASEMENT SLAB=877.13 875.92 15" AS \\ 15" ASH ASH \ X 873.76 \• X 875.39 \ •\ 6" ASH �` X 873.44 \ 6" MAPLE \ \ li `�\ 8" ASH 15" ASH I x 875.07 \ \ `.�,. MAPLE \ \ \ PCK I �. ` \ 873.44 5 SEA tl8" ASH 8i4SH-' 8" ASH ` ' P E 1, ....' N OR ZON N 8» 1.' 6„ ASH \ 5 8" CHERRY x \ 08" ASH \\`` 873.30 6" ASH` 10" ASH rn 8" ASH N 0 876.78 6" ASH I i 30.0 i I I II 15" ASH X 875.81 ASH " 1/ 877.39 si. `_.. N' 1 \'" ASH X 877.22 \, IL--- IS \ 8" ASH 12" AISH - - - 15" ASH 10" AH 877.r2 67 A4i X 879.26 877.41 -30.0- 877.19 X 1' 12"/ MAPLE \880 877.29 78.00 880.96 X 877.69 881.48 X ASH ``yAN5" ASH 8" A X 876.99 873.84 15" ASH 1- 8" ASH 8" ASH 1:= 6» 12" AS \\ 2" ASH 8" ASH 12" kSH 12" ASH x X\ 876.11 8" ASH 876 76 \ X 877.72 \ I` ) �8" ASH ,4 yr A 8" ASH 6" ASH 6" ASH \ ASH \ x 873.66 CLUSTER\ \ (�- X ` \ 875.51 \. 874.71 \ `878.14, X 877.70 8" ASH 5" OAK \ 8" CHERRY \/ `\\ X 873.56 10" OAK \ x87575 ORDINARY HIGH WATER (OHW) CONTOUR ELEVATION: 872.2 TOTAL LOT AREA: 142,874 SQ. FT. OR 3.28 ACRES LOT AREA ABOVE OHW: 53,463 SQ. FT. OR 1.23 ACRES 12" MAPLE 10" ASH N89'58'54"W 881.80 x SCALE IN FEET 30 60 878.01 -.". 880.01 6" ASH \ 878.76 X 878.87 X 879.16 ` 8" ASH `\ 877 879.23 33 ` \ \ x . , `` 44 1X 873.83 • 8"\AS\I 61,e3 I 8" ASH \ O sJY� WATER ELEVATION=871.95 NGVD 29, MARCH 23, 2022 24" COTTONWOOD\ 0\ \ ASH 6" \,ASH 8" ASH `877.59 SC 6" ASH 8"\ASH X 873.38 6"\ASH H\ 24" OAK \ 1` \ 8" ASH ASH \ 10" MAPLE ` CLUSTERI ; _ - __--75.0-\ Xi 874.18 I 6" ASH 8" ASH \\-17 1�= \ • 877.96 ),< 8" PINE' 10" PINE 245.00 XI880.09 -BUILDING SETBACK1 LINE 882.25X �IL x 882.02 X 881.61 X 881.88 881.70 X 880.46 x 120 i G E N ll SCALE: 1 INCH = 30 FEET DENOTES PROPOSED SPOT ELEVATION -XXX- DENOTES PROPOSED CONTOURS x XXX.XX ----xxx DENOTES PROPOSED DRAINAGE DIRECTION DENOTES EXISTING SPOT ELEVATION DENOTES EXISTING GRADE CONTOUR w-DENOTES UNDERGROUND GAS LINE G DENOTES WATER MAIN OR SERVICE - SS-DENOTES SANITARY SEWER OR SERVICE - STM-DENOTES STORM SEWER o DENOTES CHAIN -LINK FENCE ❑ DENOTES WOOD FENCE O- DENOTES GUY ANCHOR QT DENOTES TELECOM MANHOLE 0 DENOTES STORM SEWER MANHOLE 0 DENOTES SANITARY SEWER MANHOLE ® DENOTES WATER MAIN MANHOLE X DENOTES WATER VALVE 0 DENOTES WATER WELL ce❑ DENOTES CATCH BASIN © DENOTES GAS METER E❑ DENOTES ELECTRIC METER DENOTES UTILITY POLE -01-IW- DENOTES OVERHEAD UTILITY WIRES ZC DENOTES FIRE HYDRANT DENOTES CONCRETE SURFACE DENOTES BITUMINOUS SURFACE DENOTES TREE TO BE REMOVED OR RELOCATED - DENOTES PROPOSED SILT FENCE OR BIO ROLLS DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: NO SCALE 5 FT. --IN-] r--- 10 FT. 5 FT. r---10 FT. BEING 5 FEET IN WIDTH ADJOINING SIDE LOT LINES, AND BEING 10 FEET IN WIDTH ADJOINING PUBLIC WAYS UNLESS OTHERWISE SHOWN ON PLAT. BASIS OF BEARINGS: DAKOTA COUNTY COORDINATES NAD-83 (1986 ADJUSTMENT) 947 ✓7AG ON WHEEL TRAIL, MENDO TA HEIGHTS, MN Client: Mr. Sean Doyle SD Custom Homes 750 Main Street, Ste 223 Mendota Heights, MN 55118 g Design by JF Original date 11-21-23 I certify that this survey, plan or report was prepared by me or under my direct supervision, and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. 9-ejOCi91‹ Drawn by DF/RP Revisions Jonathan L. Faraci Date 11-21-23 Minnesota Reg. No. 16464 LAKE AND LAND SURVEYING, INC. SURVEYING/CIVIL ENGINEERING 1200 CENTRE POINTE, SUITE 375 ST PAUL, MN. 55120 PHONE (651) 776-6211 E-MAIL JONFARACI®HOTMAILCOM Survey book No. Page title GRADING PLAN S.A.P.number 2022.044 Sheet number of O co co co 6" PINE 877.19 4 X • 877.56 / X 1 24" AK I 4) 3-8" ASH 17 i x 873.83 f/ X 874.3§' // IA t. co 15" OAK N00'01'06"E C0 N 1 LJJ ORDINARY HIGH WATER (OHW) CONTOUR ELEVATION: 872.2 c. a'G N�o 80 227 5sti pS494�c oy� 6, S8 ej4M/vous ,t S/aF�q<K LAKE & LAND SURVEYING, INC. 1200 CENTRE POINTE CURVE, SUITE 375 SAINT PA UL, MINNE S 0 TA 55120 PHONE: 651- 776- 621 1 1 Legal Description: Lot 1, Block 1, LILLIES LAKEVIEW, according to the recorded plat thereof, Dakota County, Minnesota. S00'01'06"W cN 00 oy� • BITUMINOUS CONCRETE CURB SIDEWALK 117 of 173 TR 877.42 x X 880.72 TEMPORARY ROCK CONSTRUCTION SITE ENTRANCE PAD, HATCHED, (SEE DETAIL) ------------8" ASH $1$ I u,'.,` 15" X __-X 873.90 874.45 826 876.42 4. 6r'`.SH f876-61'`�- 880.06 1879.70 X 879.03 • 6" ASH X 879.84 880 30" OAK x 880.41 XI 0.22 18" ASH 18" ASH 879.61 15 AS 879.47 rn z z 1- 879.47 cP ,- 4 LLJ z w LLJ 0 0 10" OAK X 879.12 / 2-18" otFI 2-10" ASH 8" ASH '/ x 878S7 GEOTECHNICAL FABRIC BELOW ROCK 2" OR GREATER WASHED ROCK AGGREGATE 6" MINIMUM DEPTH TEMPORARY ROCK CONSTRUCTION SITE ENTRANCE PAD L 12" ASH 0 15' Ai 878.21 87L-35 15" ASH 18" 877.61 15" ASH 878.27 x 12" ASH 411,1 4 879,..39117, *if ASH 873.98 6" AS 8" ASH 877.41 877.19 30.0 8" 1 ASH 8"IAS x 879.26 1 874.30\ - - - � -\` X 875.13 u-i 12" ASH i CS'� Q �yr� \ 875.92 yid 15" AS ` x 873.76 \ 15" ASH \\ X 877.39 12" ASH 12"/MAPLE 15" ASH 877.29 A H 0" ASH " AS ASH 15" ASH X 877.22 S89'57'35"E 6" ASH X 873.44 \`\\" 6" ASIi\ 10" ASH ASH6"H A 12" AS2" AS 8" ASH \ \12" kSH 12" ASH `878.14, X 87 .70 878.01 877.50 x 'O 12" SH " .2-18" A N89'58'54"W / M 8EM X 882.25 X 882.02 \ \880 881.70 X 881.88 INSTALL SILT FENCE OR BIO ROLLS, (SEE DETAIL) x 880.46 WIRE MESH REINFORCEMENT (OPTIONAL) METAL OR WOOD POST OR STAKE DIRECTION OF RUNOFF F FLOW (-NATURAL MIN ENGINEERING FABRIC FABRIC ANCHORAGE TRENCH BACKF1LL WITH TAMPED NATURAL SOIL 6 INCH MINIMUM CONSTRUCTION OF SILT FENCE • 10S 878.76 X 879.16 870 10" PINE ip _ 245.00 X 880.09 BUILDING SETBACKI LINE x 881.61 877.96 345.00 ORDINARY HIGH WATER (OHW) CONTOUR ELEVATION: 872.2 12" MAPLE 10" ASH X 873.56 TOTAL LOT AREA: 142,874 SQ. FT. OR 3.28 ACRES LOT AREA ABOVE OHW: 53,463 SQ. FT. OR 1.23 ACRES WATER ELEVATION=871.95 NGVD 29, MARCH 23, 2022 8"\ASH 1 X 873.38 6"'SASH 8 A H\ 8" ASH ASH \ 10" MAPLP CLUSTERI ; _ _ -75.0- X1874.18 1, 6" ASH 8" ASH 11-17 6" PINE 877.19 ; • 877.56 / X / I ,/' 24" c0 ^� co AK I 4) 3-8" ASH 17 i x 873.83 f X 874.37 c0 1. Sequence of Erosion Control Construction Activities a) Installation of silt fence or Bio Rolls prior to any construction activity. b) Installation of rock construction entrance prior to any construction activity. c) Installation of Downstream Catch Basin Inlet Protection, downstream from site, prior to any construction d) The site shall be re -vegetated within 48 hours of final grading. e) Install landscaping as per landscape plan. 2. Erosion and Sediment Control Measures All best management practices (BMPS) determined by the Engineer to on the site. BMPs anticipated to be used on the Project include the * Silt Fence * Temporary Rock Construction Site Entrance Pad * Concrete Mixing/Washout Basins shall be taken offsite * Final Landscaping with Seed, Fertilizer, Topsoil or Sod * Street Sweeping be effective are available for use following: 3. Inspection and Maintenance The Contractor is responsible for providing, maintaining and removing all Erosion Control BMPs, as set forth above, which includes all materials, equipment and labor. Owner is responsible for having the Contractor install, maintain and remove the BMPs as set forth above. activity. GEND F+XXXiO( DENOTES -XXX- DENOTES x XXX.XX ----xxx DENOTES DENOTES DENOTES w-DENOTES - G -DENOTES - ss-DENOTES - sTM-DENOTES o DENOTES -o- DENOTES O- DENOTES Q DENOTES © DENOTES x 0 CB ❑ E❑ -OHW--- DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES PROPOSED SPOT ELEVATION PROPOSED CONTOURS PROPOSED DRAINAGE DIRECTION EXISTING SPOT ELEVATION EXISTING GRADE CONTOUR UNDERGROUND GAS LINE WATER MAIN OR SERVICE SANITARY SEWER OR SERVICE STORM SEWER CHAIN -LINK FENCE WOOD FENCE GUY ANCHOR TELECOM MANHOLE STORM SEWER MANHOLE SANITARY SEWER MANHOLE WATER MAIN MANHOLE WATER VALVE WATER WELL CATCH BASIN GAS METER ELECTRIC METER UTILITY POLE OVERHEAD UTILITY WIRES FIRE HYDRANT CONCRETE SURFACE BITUMINOUS SURFACE TREE TO BE REMOVED OR RELOCATED - DENOTES PROPOSED SILT FENCE OR BIO ROLLS BASIS OF BEARINGS: DAKOTA COUNTY COORDINATES NAD-83 (1986 ADJUSTMENT) 947 ✓7AG ON WHEEL TRAIL, MENDO TA HEIGHTS, MN Client: Mr. Sean Doyle SD Custom Homes 750 Main Street, Ste 223 Mendota Heights, MN 55118 g Design by JF Original date 11-21-23 I certify that this survey, plan or report was prepared by me or under my direct supervision, and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. „� fir` Drawn by DF/RP Revisions Jonathan L. Faraci Date 11-21-23 Minnesota Reg. No. 16464 LAKE AND LAND SURVEYING, INC. SURVEYING/CIVIL ENGINEERING 1200 CENTRE POINTE, SUITE 375 ST PAUL, MN. 55120 PHONE (651) 776-6211 E-MAIL JONFARACI®HOTMAILCOM Survey book No. Page title EROSION CONTROL PLAN S.A.P.number 2022.044 Sheet number of 15" OAK N00'01'06"E ORDINARY HIGH WATER (OHW) CONTOUR ELEVATION: 872.2 .61/4411/4,00 LAKE ice LAND SURVEYING, INC. 1200 CENTRE POINTE CURVE, SUITE 375 SAINT PA UL, MINNE S 0 TA 55120 PHONE: 651- 776- 621 1 Legal Description: Lot 1, Block 1, LILLIES LAKEVIEW, according to the recorded plat thereof, Dakota County, Minnesota. S00'01'06"W N N cV 00 30 0 15 SCALE IN FEET 30 60 SCALE: 1 INCH = 30 FEET DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: NO SCALE 10 FT. 5 FT. r---10 FT. BEING 5 FEET IN WIDTH ADJOINING SIDE LOT LINES, AND BEING 10 FEET IN WIDTH ADJOINING PUBLIC WAYS UNLESS OTHERWISE SHOWN ON PLAT. BITUMINOUS CONCRETE CURB SIDEWALK 120 118 of 173 TR L 877.42 x X 880.72 880.06 1879.70 0 z X 879.84 X 874.45 8>6 X 876.42 __-- 12" ASH 8" ASH' 15" ASH X 879.03 6" ASH 15" ASH x 878.21 88o 30" OAK x 880.41 // XI 0.22 18" ASH 18" ASH 879.61 15 ASH 10" ASH 871_35 0 N N __-X 873.90 873.98 *6b\ASH 15" IASH 10" OAK X 879.12 2-18" 4 H x AS 8" ASH 3-12" ASH 876.93 �I x ; 115" ASH x 8"\4t.SH , "878.13 118" ASH A1` 7 8 SH META 52 10" ASH skt. skt, 879.47 rn 1- 879.47 cP W z w Q w 0 54 2-10" ASH 8"ASH Y/ x 878S7 18" Aa-1 I8"cw 877.61 8" 51 X 87 3 8" ASH 53 15" ASH , 0" COTTONWO 879.64 30 0 SH 77.55 W co 0 0 0 0 Z 878.27 x n 877.r2 6" ASH 877.41 6"AH 2 4 X 877.39 X 875.39 12" ASH 875.92 1 \ 15" ASH 6" MAPLE \\ X 875.07 `•fi" MAPLE 8" S7 876.78 6" ASH 12" AISH 15" ASH 18" ASH 877.19 30.0X 8" 1 ASH 8"IAS 50 45 ASH 55 56 8 61'AH k47 6" ASH 12" ASH 444 879.39 , 18" ASH 15 X 879.26 118" ASH 63 �Mr 877.43 6" ASH +, 5 12" ASH a 4011) • 12"/AMPLE \880 6 5" ASH 7 x A 877.29 4ASH 78.00 X 877.69 15" ASH X 877.22 8" ASH 9 11 13 AS 1 874.30\ - - - \` en X 875.13 wj " ASH S89'57'35"E 345.00 Legal Description: Lot 1, Block 1, LILLIES LAKEVIEW, according to the recorded plat thereof, Dakota County, Minnesota. x 873.76 \ ` \ \ 4 8" ASH \ \\ X 875.81 \` \\" ASH 10" A�H 8" ASH 6" ASH X 873.44 8" ASH ``\\ 873.44- - '1 8 ASH \ E. ZONE r SNpR 6" ASH 8" C RRY (; X 876.99 ASH 10 8" A 8" A 12" A 15 ( X `878.14, 42 " ASH x 12 ASH I \ 65 APLE ,o \ ,ri _L 0 880 9664 881.48 x N89'58'54"W H15 87 .7016 ASH 7 5a ASH 819SH820 ASH 878.01 "038, AS A 6" ASH J s.5 36 880.01 x \ 8" ASH 873.30 8" ASH " 6" ASIi\ 10" ASH '`y5" ASH 8" ASI;I $.; 15" ASH 873.84 ` 8" ASH 12" AS \, 2" ASH 6. SH \ 12" kSH 12" ASH x 8" ASH 876 76 \876.11 X 877.72 \ \ 8" ASH ,' " . _.. < 875.51 A 8" ASH 6" ASH 6" ASH \\ x 873.66 ASH CLUSTER\ \ 4 �\ ' ' ,r�H s;sqv,, 874.71 �\ 2-25 6" AS 6" OAK \8 CHERRY SH ` ORDINARY HIGH WATER (OHW) CONTOUR ELEVATION: 872.2 Nco 12" MAPLE 10" ASH 21 AS 33 10" SH 0 AS 878.76 876.39/ 34 10Sfr •' 1" 2" ASH) sy31 35 875.7a\ 77.33 3 x \`\\ X 873.56 0" OA\K, ASH ‘` k` ASH 10" \ AS) -I '5%5,30 BASH 6" \,ASH 8" ASH 877.59 \\ X 6" ASRR, -tom X 878.87 tit 24" OAK X 879.16 879.23 877.96 10" PINE 245.00 TOTAL LOT AREA: 142,874 SQ. FT. OR 3.28 ACRES LOT AREA ABOVE OHW: 53,463 SQ. FT. OR 1.23 ACRES WATER ELEVATION=871.95 NGVD 29, MARCH 23, 2022 24" COTTONWOOD\ 128 \ 29\ `\ ! X 873.83 8"\AS1 8" ASH.__ ; s.15" MAPLE 8"\ASH \ X 873.38 6"\ASH H\ 8" ASH \ 10" MAPLP CLUSTERI ; ------ ASH - --75.0-C Xi 874.18 I 6" ASH 8" ASH 11,-17 • ft 8" PINE' 881.80 x SCALE IN FEET 30 60 XI880.09 -BUILDING SETBACKI LINE 5X I882.2 882.02 X 881.61 X 881.88 / 881.70 x 880.46 x x 120 GEND SCALE: 1 INCH = 30 FEET 1-1-xxx.xX DENOTES -XXX- DENOTES X XXX.XX ----xxx DENOTES DENOTES DENOTES w-DENOTES - c -DENOTES - ss-DENOTES DENOTES o DENOTES -o- DENOTES O- DENOTES QT DENOTES © DENOTES -OHW--- DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES - DENOTES PROPOSED SPOT ELEVATION PROPOSED CONTOURS PROPOSED DRAINAGE DIRECTION EXISTING SPOT ELEVATION EXISTING GRADE CONTOUR UNDERGROUND GAS LINE WATER MAIN OR SERVICE SANITARY SEWER OR SERVICE STORM SEWER CHAIN -LINK FENCE WOOD FENCE GUY ANCHOR TELECOM MANHOLE STORM SEWER MANHOLE SANITARY SEWER MANHOLE WATER MAIN MANHOLE WATER VALVE WATER WELL CATCH BASIN GAS METER ELECTRIC METER UTILITY POLE OVERHEAD UTILITY WIRES FIRE HYDRANT CONCRETE SURFACE BITUMINOUS SURFACE TREE TO BE REMOVED OR RELOCATED PROPOSED SILT FENCE OR BIO ROLLS DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: NO SCALE 5 FT. --IN-] r--- 10 FT. 5 FT. r---10 FT. BEING 5 FEET IN WIDTH ADJOINING SIDE LOT LINES, AND BEING 10 FEET IN WIDTH ADJOINING PUBLIC WAYS UNLESS OTHERWISE SHOWN ON PLAT. BASIS OF BEARINGS: DAKOTA COUNTY COORDINATES NAD-83 (1986 ADJUSTMENT) 947 TAGON WHEEL TRAIL, MENDO TA HEIGHTS, MN Client: Mr. Sean Doyle SD Custom Homes 750 Main Street, Ste 223 Mendota Heights, MN 55118 Design by JF Original date 11-21-23 I certify that this survey, pion or report was prepared by me or under my direct supervision, and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. 9-„Ci9 Drawn by DF/RP Revisions 12-7-23 Jonathan L. Faraci Date 11-21-23 Minnesota Reg. No. 16464 LAKE AND LAND SURVEYING, INC. SURVEYING/CIVIL ENGINEERING 1200 CENTRE POINTE, SUITE 375 ST PAUL, MN. 55120 PHONE (651) 776-6211 E-MAIL JONFARACI®HOTMAILCOM Survey book No. Page title TREES TO BE REMOVED PLAN S.A.P.number 2022.044 Sheet number of O co co co 6" PINE 877.19 ; • 877.56 / X / 24" AK , c0 3-8" ASH 17 f x 873.83 f / X 874.35'i 4/1 clp 7j 15" OAK N00'01'06"E co N 1 0y� () n 0 nv ORDINARY HIGH WATER (OHW) CONTOUR ELEVATION: 872.2 c. a,OGCI-1N�o 80 227 SSp9w R, 048� 1�06,S8 F ej44kvous \2"V I I fir/ S/aF�q<K LAKE ice LAND SURVEYING, INC. 1200 CENTRE POINTE CURVE, SUITE 375 SAINT PA UL, MINNE S 0 TA 55120 PHONE: 651- 776- 621 1 0yyv 1 S00'01'06"W cN 00 • BITUMINOUS CONCRETE CURB TREES TO BE REMOVED QTY. TREE INVENTORY 1 8" CW 2 6" ASH 3 8" ASH 4 18" ASH 5 6" ASH 6 12" ASH 7 15" ASH 8 8" ASH 9 8" ASH 10 8" ASH 11 8" ASH 12 12" ASH 13 15" ASH 14 8" ASH 15 6" ASH 16 6" ASH 17 8" ASH 18 15" ASH 19 8" ASH 20 6" ASH 21 10" ASH 22 8" ASH 23 8" ASH 24 8" ASH 25 10" ASH 26 6" ASH 27 8" ASH 28 8" ASH 29 10" ASH 30 10" ASH 31 12" ASH 32 10" ASH 33 10" ASH 34 10" ASH 35 12" ASH 36 10" ASH 37 6" ASH 38 6" ASH 39 6" ASH 40 12" ASH 41 12" ASH 42 12" ASH 43 8" ASH 44 10" ASH 45 8" ASH 46 6" ASH 47 6" ASH 48 10" ASH 49 6" ASH 50 8" ASH 51 10" ASH 52 10" ASH 53 8" ASH 54 15" ASH 55 8" ASH 56 60" CW 57 12" ASH 58 18" ASH 59 18" ASH 60 12" ASH 61 25" MAPLE 62 48" MAPLE 63 18" ASH 64 20" ASH 65 20" MAPLE SIDEWALK 119 of 173 WETLANDS MAP 947 Wagon Wheel Trail 4/20/2022 0 140 SCALE IN FEET City of Mendota Heights 2225 2231 2239 940 j ITlia image 63 eopyrigO Cl Cy In`�k 1- -i iutp per, b�"1n iigiiiphig i I oVEG imagery. OQ63 x cprovided C 9 Dakota O Ni IOPin- 954 1 L d, Dakota C G h dtfogifl� pow^ (�jo gbgrilibig DewAdd-OO n o GTi uG , on MMIni a`Ub3 limschg gigmhgg h hasedo e C3�G iiCiWAMItk alO^{ DiECIKM 0:;) gq3,affig iO .MOP aoknowledgyes that the ima,gelir CX;)03§2d Oii1 IMF normal_oourese of business and mustinoiibe rLesold or distri'but:ed fro ownership provide date, provided 120 of 173 44° 52' 37" N 44° 52' 26" N 489070 000 G"dap GliTq 3C I I I I 488970 489020 489070 489120 rn AN Map Scale: 1:2,340 if printed on A landscape (11" x 8.5") sheet. Soil Map —Dakota County, Minnesota (945 WAGON WHEEL TRAIL (surrouding)) 489170 0 30 60 120 Meters 180 Feet 0 100 200 400 600 Map projedion: Web Mercator Comer o oniinates: WGS84 Edge tics: UM Zone 15N WGS84 489270 489270 489370 I I I 489370 489420 489470 3 1 it 44° 52' 37" N 44° 52' 26" N USDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 4/4/2022 Page 1 of 3 Soil Map —Dakota County, Minnesota 121 of 173 945 WAGON WHEEL TRAIL (surrouding) Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 129 Cylinder loam, 0 to 2 percent slopes 3.9 17.3% 208 Kato silty clay loam 0.4 2.0% 255 Mayer silt loam 4.8 21.4% 344 Quam silt loam 4.7 21.0% 411B Waukegan silt loam, 1 to 6 percent slopes 0.3 1.4% 415B Kanaranzi loam, 2 to 6 percent slopes 0.2 0.8% 415C Kanaranzi loam, 6 to 12 percent slopes 0.0 0.0% W Water 8.1 36.1% Totals for Area of Interest 22.5 100.0% USDA Natural Resources Web Soil Survey 4/4/2022 Conservation Service National Cooperative Soil Survey Page 3 of 3 122m173 LICENSE AGREEMENT �� This License Agreement (the "L|[ENSE")bmade th� u*!.^ day ofNovember, 2O13,between THE CITY OF MENDOTA HEIGHTS, a Minnesota municipal corporation (the "CITY") and Gregory & Mary K.Queh|(the "UCENSEE"). RECITALS WHEREAS, LICENSEE owns real property inthe CITY located at9G3Wagon Wheel Trail (LICENSEE'S PROPERTY) , as described in Exhibit A; and WHEREAS, LICENSEE'S PROPERTY iscontiguous toanunimproved right ofway owned bythe CITY (the "LICENSED PREK8|5ES);and WHEREAS, LICENSEE intends tnbuild asingle family home onthe lot, which would bepositioned to access the right of way if improved at a future date; and WHEREAS, LICENSEE owns real property inthe CITY located at9G3Wagon Wheel Trail (U[ENSEE'SPROPEKTY;and WHEREAS, the CITY desires toallow LICENSEE toutilize the unimproved right ofway for a private drive until such time as the right of way is improved. NOW, THEREFORE, in consideration of the terms and conditions contained herein, and $10.00 and other good and valuable consideration, receipt of . Vhichbhereby acknowledged, the parties hereto agree as 1. Grant ofLicense. The CITY does hereby grant LICENSEE anon-exclusive revocable license to maintain a driveway within the unimproved right of way east of the 953 and 963 Wagon Wheel Trail. Such license shall extend toLICENSEE only. l NoInterest Created. LICENSEE certifies, represents and acknowledges that ithas notitle inortm the LICENSED PREMISES, norto any portion thereof, and has not, does not and will not claim any such title nor any easement over said land nfthe CITY. LICENSEE acknowledges that bnot acquiring any easement by necessity or otherwise over the LICENSED PREMISES. 3. Improvements, Licensee shall not make any additions orimprovements inortothe LICENSED PREMISES without the [|TYsprior written consent. 4. Indemnification. LICENSEE shall hold the CITY harmless from and indemnify and defend the CITY against any claim or liability arising in any manner from LICENSEE's use of the LICENSED PREMISES, or relating to the death or bodily injury to any person or damage to any personal property present on or located in or upon the LICENSED PREMISES, including the person and persona|pnopertyofUCENSEEorU[ENSE2senhp|oyees,inviteesandgueats. LICENSEE agrees to pay all sums of money in respect of any labor, service, materials, supplies or equipment furnished or alleged to have been furnished to LICENSEE in or about the LICENSED PREMISES, License QO3Wagon Wheel Trail — -pA I ]AN -AYO4 123m173 and not furnished onorder ofthe CITY. LICENSEE may contest any lien for such services, materials, supplies ontheconditionthatU[ENSEEfiot provides to the CITY cash, bond, or other security against such lie which the CITY reasonably determines to be sufficient. S. Assignment orSubUoensing. LICENSEE shall not sublicense any portion ofthe LICENSED PREMISES or transfer or assign this LICENSE without obtaining the prior written consent of the CITY, which consent the CITY may grant ordeny atthe [|TY'ssole discretion. The C|TYsconsent to any sublicensing or assignment of this LICENSE shall not be a waiver of the CITY's right under this Section astoany sub|icenaingmrassignment, L|CENSEE'sassignment ofthis LICENSE or sublicensing of the LICENSED PREMISES shall not relieve LICENSEE from any of LICENSEE's obligations under this LICENSE. 6. Notices. All communications, notices and demands of any kind that either party may be required or desires to give to or serve on the other party shall be made in writing and personally delivered or certified U.S. mail, return receipt requested to the following addresses: Tothe City: City nfMendota Heights IIOlVictoria Curve Mendota Heights, MN55IlO Attention: City Administrator 6cl(berg&Lammens, Attorneys at Law 18O9Northwestern Avenue Stillwater, IVIN 55082 Attention: Tom Lehman, Mendota Heights City Attorney To Licensee: Greg & Mary K[ueh| 963Wagon Wheel Trail Mendota Heights, IVIN55l3O 7. NoReliance on[ITY'sRepresentations. Neither the CITY nor any agent orrepresentative ofthe CITY has made any warranty or other representation with respect to the LICENSED PREMISES. 8. Termination and Surrender. The CITY reserves the right toterminate this LICENSE atwill and upon termination of this LICENSE by the CITY LICENSEE shall peaceably surrender the LICENSED PREMISES. 9. Miscellaneous. a. Choice ofLaw. The laws ofthe State ofMinnesota shall govern the validity, performance and enforcement ofthis LICENSE. License 963 Wagon Wheel Trail - -pg. 2 124m173 b. Counterparts. This LICENSE may beexecuted |none ormore counterparts, each of which, when taken together will bedeemed tobeanoriginal. c Amendment orModifications. This LICENSEE may not bechanged ormodified orally, but only upon written agreement signed by the party against whom enforcement of any waiver, change, modification ordischarge |ssought. d. SeverabUity. (fany term orprovision inthis LICENSE isdeemed tobeinvalid or unenforceable, the remainder ofthe LICENSE shall remain ineffect and beenforceable tothe fullest extent permitted bylaw. e. Time is of the Essences. Time |softhe essence )nthe performance ofall obligations under this LICENSE. IN WITNESS WHEREOF, the CITY and LICENSEE have caused these presents to be executed in form and manner sufficient to bind them at law, as of the day and year first above written. CITY OF[NENDOTAHEIGHTS, A Minnesota municipal corporation Its: Public Works Director/CitV Engineer License A83Wagon Wheel Trail — -pg. 3 125 of 173 SHARED DRIVEWAY MAINTENANCE AGREEMENT THIS SHARED DRIVEWAY MAINTENANCE AGREEMENT is made as of the254Aay of November, 2013, by and between Gregory J. Quehl and Mary K. Quehl, husband and wife, of 963 Wagon Wheel Trail, Mendota Heights, 55120, Dakota County, MN and Courtney Pince and Helyne W. Pffice, husband and wife of 945 Wagon Wheel Trail, Mendota Heights, 55120, Dakota County, MN. RECITALS A. Gregory J. Quehl and Mary K. Quehl, as joint tenants are the owners of the premises at 963 Wagon Wheel Trail, Mendota Heights, MN 55120, as described in attached Exhibit A. B. Courtney Pince and Helyne W. Pince, as joint tenants are the owners of the premises at 945 Wagon Wheel Trail, Mendota Heights, MN 55120, as described in attached Exhibit B. C. Said parties share a driveway over a public right-of-way platted but not currently in, Rogers Avenue as platted in Caroline's Lakeview. D. The parties desire to settle all questions relating to the use and maintenance of the driveway and all differences between them relating to said driveway. For the reasons set forth above, and in consideration of the mutual covenants and promises set forth in this agreement. the parties agree as follows: SECTION ONE The southerly 35 feet of Rogers Avenue lying north of the south line of Lot 15, Caroline's Lakeview extended shall be a shared driveway providing access to both properties described above, and the parties shall have the right to use it jointly. Beyond the southerly 35 feet the driveway will split into two approximate 30' wide driveways, one for each respective owner, and shall be the sole responsibility of each homeowner to maintain. SECTION TWO If it becomes necessary or desirable to repair or rebuild the southerly 35 feet of driveway, the repairing or rebuilding expense shall be borne equally by the parties, or by their heirs and assigns who shall at the time of the repair or rebuilding be using it, in proportion to the extent of their use. Any repairing or rebuilding of the driveway shall be on the same location, and of the same size, as the original driveway or part of the original driveway, and of the same or similar material of the same quality as that used in the original driveway or part of the original driveway. SECTION THREE I lIc anu uungauulib Ul LUG L.uvcualab 11I1 1,1CC111C11L snail lull VVILI1 LIIG WAIL! UGSLIIUCU auuvc SU twig as the driveway or any extension of the driveway continues to exist, and shall bind the respective parties to this agreement, their heirs, legal representatives, and assigns. SECTION FOUR This agreement between the above parties does not bind the City of Mendota Heights in any way, including the City's right to improve the right of way to City street standards and assess those costs to the above parties, or to abandon or vacate the right of way in the future. Note: The City does not currently have any plans to improve or vacate the right of way. In addition the above property owners hold the City harmless for any liability related to the private improvements. This instrument was drafted by: 126 of 173 Gregory .1. Quell] 963 Wagon Wheel Trail Mendota Heights, MN 55120 EXHIBIT A Lot 14, EXCEPT THAT PART TAKEN FOR Highway 35E by MNDOT Map 18-41 and Lot 15, except the south 200 feet of the east 100 feet thereof, Caroline's Lakeview, Dakota County, Minnesota. EXHIBIT B That part of the North half of the Northeast quarter (N 1/2 of NE 1/4) of Section Thirty-five (35), Township Twenty-eight (28), Range Twenty-three (23) described as follows, to wit: Commencing at the Northwest corner of the Northeast quarter (NE 1/4) of said Section Thirty-five (35), Township Twenty-eight (28), Range Twenty-three (23), running thence East on the north line of said Section, three hundred seventy-five (375) feet, thence South at right angles Eight hundred fifteen (815) feet more or less to the center of Prospect Avenue, thence Northwesterly along the center line of Prospect Avenue to the west line of the Northeast quarter (NE 1/4) of said Section Thirty-five(35), thence North along the west line five hundred twenty-five (525) feet, more or less, to the place of beginning, Dakota County, Minnesota. 127 of 173 IN WITNESS WHEREOF, the parties have caused this Shared Driveway Maintenance Agreement to be executed as of the day and year first above written. Courtney Pince M .ry .daue it 17 STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this c $ day of November, 2013, by Gregory J. Quehl and Mary K. Quehl, husband and wife. Notary Public STATE OF MINNESOTA ) ) ss COUNTY Oali-k ) PAMELA J. DEED Notary Public -Minnesota My Commission Expires Jan 31, 2017 The foregoing instrument was acknowledged before me this -5 day of November, 2013, by Courtney Pince and Helyne W. Pince, husband and wife. Notary Public PAMELA J. DEEB Notary Public -Minnesota My Commission Expires Jan 31, 2017 © COPYRIGHT 2023 MLITTFIN@HOTMAIL.COM 32o-224-7844 0 A d GYM RUBBER FLOORING 22'11 "X20'3' 10' CEILING HEIGHT SAUNA TILE 6')06' UMW 1I1 CASE 2'8"X4'0"/ FX 5'0"X4'0"/ CASE 2'8"X4'0" El 0 GOLF SIMULATOR TURF 16'X18'2' 10' CEILING HEIGHT HALLWAY LVT UNEXCAVATED CASED OPENING ENTERTAINMENT ROOM CARPET 19'10"X16'10' 128 of 173 9'X6'8" SLIDER DOOR 6'-4 1/2" 4'-0" 11"-11 1/2 X 7-10 CASED El 10'-6" X 7'-10" CASED OPENING HALLWAY LVT MECHANICAL CONCRETE 13'-8 1 /2" BATH TILE 5'-0 WET BAR AREA LVT 16'10"X14'10" BEDROOM #4 CARPET 13'X12'7" FHXD O 0 iV OPROPOSED BASEMENT 1110 FINISHED SQUARE FEET EXERCISE AREA/GOLF SIMULATOR AREA: 838 UNFINISHED SQUARE FEET 139 © COPYRIGHT 2023 MLITTFIN@HOTMAIL.COM 32o-224-7844 o 1'6" TRANS. ABOVE EACH WNDOW 1'6" TRANS. ABOVE EACH WINDOW (2) 2'0"X3'3" DH MULLED (2) 2'0"X3'3" DH MULLED 7'-4 1/2" LAUNDRY ROOM TILE BENCH/LOCKERS 18'x8' OVERHEAD GARAGE DOOR PANTRY WOOD FLOATING SHELVES 4'-11 1/2 CLOSET MUDROOM TILE OWDER ROOM GRILL DECK COMPOSITE DECKING 12'X8' 1'6" TRANS. ABOVE EACH WINDOW (3) CASE 2'6"X3'3" DOUBLE DROP ZONE OVENS 4-CAR GA CONCRE 3EX26'/2 KITCHEN WOOD 11'0X21'6" BENCH/LOCKERS 18'x8' OVERHEAD GARAGE DOOR GAS FlREPLACECE SCREEN PORCH COMPOSITE DECKING 15'X16' 1'6" TRANS. ABOVE EACH DOOR 9'X7' SLIDER DOOR COLD WATER SPIGOT 3'-8 1/2' 3'-8 1/2" (2)DH 2'8"X6'6" MULL W/ 1'6" TRANS. ABV. EACH WDW. FX 3'X2' / FX 5'X4' / FX 3'X2' ABV. DH 3'0"X5'6"/ FX 5'0"X5'6 / DH 3'0"X5'6" W/ 1'6" AWNING BELOW EACH WINDOW 10.-6" X 9'-0" CASED OPENING FOYER WOOD 3'X8DOOR W/ (2) 2'6' SIDELIGHTS & 1'6" TRANS. ABV. WINDOWS & DOOR COVERED PORCH CONCRETE HALLWAY a WOOD CLOSET 2)F)( 2'8"X1'6"TRANS. 1'6" TRANS. ABV. EACH WDW. 129 of 173 1'6" TRANS. ABOVE EACH WNDOW DH 3'0"XX5'6"/ FX 6'0"X5'6"/ DH 3yy'0"X5'6" OWNER'S SUITE CARPET 17'8X14'10" �0\ II IIYI4/// 7'-2 1/2" OWNERS BATH TILE (3)FX 2'8"X1'6" MULLED OPROPOSED FIRST FLOOR 2313 FINISHED SQUARE FEET / 1202 GARAGE SQUARE FEET © COPYRIGHT 2023 MLITTFIN@HOTMAIL.COM 32o-224-7844 L OPROPOSED SECOND FLOOR 1258 FINISHED SQUARE FEET BONUS ROOM CARPET 11'X21'7" FLOOR DROPPED 30" FROM 2ND LEVEL (3) DH 2'8"X5'6" MULLED CIL 7 3'-8 3/4" 3'-8 1 /2' 3'-8 1/2' (3) DH 2'8"X5'6" MULLED /1 /1 KIDS STUDY AREA CARPET 7'8"X13' tkv, DH 2'8"X5'6 4"X6'8 ENSUITE BATH TILE 8'-7 1/2" 2" �• ENSUITE . BATH TILE F- HALLWAY CARPET (3) D N 130 of 173 +6., 8 CLOSET CLOSET 5'-0 (3) DH 2'8"X5'6" MULLED BEDROOM #3 CARPET 17'5"X11'6" LINEN '9 +6 BEDROOM #2 CARPET 14'X12'6 DH 2'8"X5'6" MULLED 131 of 173 © COPYRIGHT 2023 MLITTFIN@HOTMAIL.COM 32o-224-7844 © COPYRIGHT 2023 MLITTFIN@HOTMAIL.COM 32o-224-7844 ' 411 o•0000❖.� •.00, ... 132 of 173 133 of 173 © COPYRIGHT 2023 MLITTFIN@HOTMAIL.COM 32o-224-7844 © COPYRIGHT 2023 MLITTFIN@HOTMAIL.COM 32o-224-7844 r • MI MN u 134 of 173 135 of 173 L 877.42 x X 880.72 874.45 826 876.42 _____ -- 12" ASH I ---- 8" ASH \ BIB `\ 15" A9-1 X 879.03 0 880.06 1879.70 X 879.84 X 880.41 XI 0.22 18" ASH 18" ASH 879.61 15 ASH 879.47 z z 1- 879.47 cP W z w Q LLJ 0 6" ASH 30" OAK 15' I 878.21 10" OAK x 879.12 2-18" 4 H i" 2-10" ASH 8" ASH X 878.�7 ALL LANDSCAPING SHALL COMPLY WITH THE CITY OF MENDOTA HEIGHTS NATURAL RESOURCES MANAGEMENT PLAN. ALL DISTURBED AREAS TO BE SODDED OR HYDROSEEDED. X __-X 873.90 873.98 • 6T`.(1SH 1\874.3\0\ f131'`. 78-6- - -875.13 uj �srl�gd` - i '-\ �7 X 12 ASH 15' \ASH 871_35 d N N 8" ASH \\3-1" ASH I X I8"'s SH `1878.13 8" ASH yy 879.64 18" A-1a 877.61 877.41 tIlb X \ 877.55 X 30 0 878.27 x 12" ASH 879.3 18" ASH Il n 15 875.92 `\\ 15" ASH 8 SH x 877.r2 X 879.26 876.93 6" ASH 877.41 X �. 115" ASH X 877.39 S89'57'35"E ASH 15" AS \ x 873.76 \\\ � X 875.39 \ `\ 6" ASH \\ X 873.44 6" MAPLE \ \ \ 8" ASH X 875.07 \\\\ 12" AISH 15" ASH 877.443 Ngif 6" IASH -30.0- 877.19 X 1' avp, 12"/MAPLE \880 `\\ \ 5 SE�PCK -- `�. `. ```\ 873.44 --- t \` - .x--8" ASH 8"SH 1" 15'C! s7s.7a t�_ \M • 6" ASH \\\ �� SNOt�6 ZONE 8" ASH `\ 1' 6" ASH \ 8" CFftRRY \`.\ X 875.81 \ 1` - \ x \ 8" ASH \\ e " ASH , 873.30 X 877.22 \ �§ \\ 8" ASH \\`\ N� 10" AH \6" ASH` 10" ASH t y5" ASH 8" ANice_ '.8" ASH N 877.29 78.00 880.96 \\f!" MAPLE 15" ASH 4 8" ASH X 876.99 873.84 15" ASH 8" ASH 8" ASH X 877.69 It 6" A 12" AS ♦\iit2" ASH 8" ASH \ 12" kSH 12" ASH x X\ 876.11 8" ASH 876 76 \ 410X 877.72 \ \ 8" ASH / (�- x `\ 875.51 \`878.1 a, \\ 874.71 \`\ X 877.70 8" ASH 6" OAK\\8" CHERRY 6" ASH \ X 873.56 881.48 X 8" ASH 345.00 FIRST FLOOR=887.49 TOP OF BLOCK=VARIES TOP OF BLOCK FRONT=885.80 TOP OF BASEMENT SLAB=877.13 ORDINARY HIGH WATER (OHW) CONTOUR ELEVATION: 872.2 877.50 x 'O N89'58'54"W 881.80 x SCALE IN FEET 30 60 X 882.25 ♦ ♦ ♦ .• 880.01 880.01 X 882.02 881.70 X 880.46 x 878.01 120 i G E N ll SCALE: 1 INCH = 30 FEET DENOTES PROPOSED SPOT ELEVATION -XXX- DENOTES PROPOSED CONTOURS x XXX.XX ----xxx DENOTES PROPOSED DRAINAGE DIRECTION DENOTES EXISTING SPOT ELEVATION DENOTES EXISTING GRADE CONTOUR w-DENOTES UNDERGROUND GAS LINE G DENOTES WATER MAIN OR SERVICE - ss-DENOTES SANITARY SEWER OR SERVICE - STM- DEN OTES STORM SEWER o DENOTES CHAIN -LINK FENCE ❑ DENOTES WOOD FENCE O- DENOTES GUY ANCHOR QT DENOTES TELECOM MANHOLE 0 DENOTES STORM SEWER MANHOLE 0 DENOTES SANITARY SEWER MANHOLE ® DENOTES WATER MAIN MANHOLE X DENOTES WATER VALVE 0 DENOTES WATER WELL ce❑ DENOTES CATCH BASIN © DENOTES GAS METER E❑ DENOTES ELECTRIC METER DENOTES UTILITY POLE -OHW- DENOTES OVERHEAD UTILITY WIRES ZC DENOTES FIRE HYDRANT s DENOTES CONCRETE SURFACE DENOTES BITUMINOUS SURFACE DENOTES TREE TO BE REMOVED OR RELOCATED - DENOTES PROPOSED SILT FENCE OR BIO ROLLS X 881.88 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: NO SCALE 5 FT. --IN-] r--- 10 FT. 5 FT. r---10 FT. BEING 5 FEET IN WIDTH ADJOINING SIDE LOT LINES, AND BEING 10 FEET IN WIDTH ADJOINING PUBLIC WAYS UNLESS OTHERWISE SHOWN ON PLAT. BASIS OF BEARINGS: DAKOTA COUNTY COORDINATES NAD-83 (1986 ADJUSTMENT) 947 ✓7AG ON WHEEL TRAIL, MENDOTA HEIGHTS, MN Client: Mr. Sean Doyle SD Custom Homes 750 Main Street, Ste 223 Mendota Heights, MN 55118 g Design by JF Original date 11-21-23 1 certify that this survey, plan or report was prepared by me or under my direct supervision, and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. 9-ejOCi91‹ Drawn by DF/RP Revisions 12-21-23 1-3-24 Jonathan L. Faraci Date 11-21-23 Minnesota Reg. No. 16464 LAKE AND LAND SURVEYING, INC. SURVEYING/CIVIL ENGINEERING 1200 CENTRE POINTE, SUITE 375 ST PAUL, MN. 55120 PHONE (651) 776-6211 E-MAIL JONFARACI®HOTMAILCOM Survey book No. Page title GRADING PLAN S.A.P.number 2022.044 Sheet number of 878.76 876.391 X 878.87 X 879.16 10" OAK \X875.75 `\\ 8" ASH '\`\\ 877.33 ` `\ X \ \ \` 1X 873.83 8"\AS\I 6" ASH 6" ASH \\\x 873.66 ASH \ CLUSTER\\ \ x e30 8., ASH \ \\ I I \ 1 ASH 6"\\ASHY s.15" 8" ASH 877.59 X 6" AS14, 12" MAPLE 10" ASH TOTAL LOT AREA: 142,874 SQ. FT. OR 3.28 ACRES LOT AREA ABOVE OHW: 53,463 SQ. FT. OR 1.23 ACRES WATER ELEVATION=871.95 NGVD 29, MARCH 23, 2022 24" COTTONWOOD\ \ 24" OAK 879.23 \ • 877.96 )•< 8" PINE' 10" PINE 245.00 XI880.09 -BUILDING SETBACK1 LINE 1 X 881.61 O co co co 6" PINE 877.19 ' X 877.56 / X 1 24" AK , I 4) 8"\ASH X 873.38 \ 6" \\ASH H\\ 8" ASH \ 10" MAPLP CLUSTER\ \ _ - ASH '--- - ---- Xi 874.18 I 6" ASH 8" ASH 11,-17 3-8" ASH -17 i x 873.83 f' X 874.35' 4) 15" OAK N00'01'06"E c0 N 1 LJJ ORDINARY HIGH WATER (OHW) CONTOUR ELEVATION: 872.2 ej1z14//vous C. aRo-N�o p80 27 SS94 48'pS494„c oy� 6, S S/aF�q<K LAKE & LAND SURVEYING, INC. 1200 CENTRE POINTE CURVE, SUITE 375 SAINT PA UL, MINNE S 0 TA 55120 PHONE: 651- 776- 621 1 Legal Description: Lot 1, Block 1, LILLIES LAKEVIEW, according to the recorded plat thereof, Dakota County, Minnesota. S00'01'06"W cN 00 0/1, • BITUMINOUS CONCRETE CURB SIDEWALK 2-10" ASH 8" ASH X 878.iti 7 e �TJ 879.64 18" AS -I 877.61 877.41 400 x 877.55 \ x �`. • • • • N00°01'06"E 878.27 x co N 03 01 N x 12" ASH 879.39 Aker x 877.r2 f 877.41 12" ASH 15 877..43 6" ASH i i-30.0-----71/ ,,_ ikh 18" ASH 877.19 C"P 12"/ MAPLE 877.29 9 LI 7 \div7roi \,0 tsOsc,RPG P INN < X `,878.14; .-- 5 r`_` In $$0.96 N 89 58'54" W 881.80 x . 8" ASH ` \ .W1 Z ASH V1 \ 12" i4SH ,12" ASH X 876.11 8" ASH 876.,76 \ / • ; 875.51 X 877.70 X 877.72 8" ASH 11 \\ � r! \ 8" ASH ASH X 878.76 S \ X 879.16 • 8" ASH ASHCP (5) 8" ASH N 6" ASH 6" ASH 14. • • \\\ X 873.66 ASH \ • CLUSTt\ • 874.71 \ 1 6" OAKS\.8" CHERRY 12" MAPLE 10" ASH Ax 873.56 10" OAK :` X 875.75 • \8" • ASH \\. /7380.09 -BUILDING SETBACK LINE 877.33 \` • • • TAY \ 136 of 173 WATER ELEVATION=871.95 NG\ MARCH 23, 2022 5bDQ63 b 1-Vm tDSDG© 24" COTTONWOOD • \\\\\ 873.83 8" `ASM 8" ASH `\ t ��`; ASH �v 6" \SASH 877.59 H ` 15» • 8" AV811\ASH 11 4 j 1 X 873.38 X 6" ASI4t � 6'`\ASH 8"AH` MAPLE 1,444t CAP (1J'C, SB4ALL- CoYYQL w ITl4 Co- y U( 4641 `J 144\1) e.AL CS.5-445 Ar4 pu,0 ' �� 1 \ \� `, 8" ASH ` ASH \ 10" MAPL \ CLUSTERI ; _ ��--75.0-i--_--- ,\,_ 1 _ \\� �I 1, � � 6 ASH 877.96 < 8" PINE', I ' 1 1 1 1 1 10" PINE AT 245.00 1� x \ 874.18 1 1 1 8" ASH 11 1 1 3-8" ASH -1-- x 873.83 877.19 ; 6" PINE 137 of 173 9b Enj REQUEST FOR CITY COUNCIL ACTON MEETING DATE: January 9, 2024 AGENDA ITEM: Approval of Ordinances to Implement Utility Franchise Fees ITEM TYPE: ❑ Consent ❑ Presentation/Recognition ❑ Public Hearing ❑x New/Unfinished Business DEPARTMENT: Administration -Finance CONTACT: Cheryl Jacobson, City Administrator Kristen Schabacker, Finance Director ACTION REQUEST: 1. Approve the following ordinances implementing Utility Franchise Fees in the city of Mendota Heights: a. Approve Gas Franchise Agreement Amendment (Ordinance 583) and Gas Franchise Fee Ordinance (Ordinance 584) b. Approve Electric Franchise Agreement Amendment (Ordinance 585) and Electric Franchise Fee Ordinance (Ordinance 586) 2. Approve Summary Publication (a super majority is needed to approve summary publication) BACKGROUND: Minnesota Statutes §216B.36 provides that cities may impose franchise fees on gas and electric utilities. Franchise fees are a method of collecting funds from utility companies who use city rights -of -way. Fees are typically passed directly through to all commercial and industrial businesses, tax exempt properties and residents. The city's electric and gas service provider is Xcel Energy. The city has had gas and electric franchise agreements in place with Northern States Power (d/b/a Xcel Energy) since 2014, but has not collected utility franchise fees. During 2023, the city council discussed the implementation of utility franchise fees at work sessions held on June 6, October 17 and November 21. The council provided direction on its desire to implement utility franchise fees to support city infrastructure and programs such as street/pavement management, natural resources, sustainability and parks. The timeline to implement utility franchise fees is prescribed by the Minnesota Public Utilities Commission. Working with Xcel Energy Community Relations Manager Kirsten Sersland, the city has provided notice of its intent to enact a fee, has examined utility franchise fee rates of other 138 of 173 municipalities and reviewed Xcel Energy's Mendota Heights customer base. The parties have negotiated the following fee structure: ELECTRIC GAS CLASS NIVIVVIV 1/ MONTH CLASS /11VI JUIV 1/ MONTH Residential $2.00 Residential $2.00 Small C & I — Non -Demand $20.00 Commercial Firm Non -Demand $20.00 Small C & I — Demand $20.00 Commercial Firm Demand $20.00 Large C & I $50.00 Small Interruptible $20.00 Public Street Lighting $15.00 Medium and Large Interruptible $20.00 Municipal Pumping — Non -Demand $2.00 Firm Transportation $ n/a 1 Municipal Pumping — Demand $2.00 Interruptible Transportation $ n/a The next step in the process is to amend the existing electric and gas utility franchise agreements and adopt new ordinances establishing the gas and electric franchise fees. Once enacted, the city will notify Xcel Energy of its approval and Xcel Energy will have a 90-day implementation window. Staff and the city attorney have reviewed the gas and electric franchise ordinance amendments and proposed fee ordinances and are comfortable with the terms and conditions. Kirsten Sersland from Xcel Energy will be present at the meeting to answer any questions the council may have. FISCAL AND RESOURCE IMPACT: The 2024 budget included the implementation of utility franchise fees. The proposed fee rates allow for an annual revenue source of approximately $520,000. ATTACHMENTS: Summary Publication Ordinance 464 Gas Franchise DRAFT Ordinance 583 Gas Franchise Amendment DRAFT Ordinance 584 Gas Service Franchise Fee Ordinance 463 Electric Franchise DRAFT Ordinance 585 Electric Franchise Amendment DRAFT Ordinance 586 Electric Service Franchise Fee CITY COUNCIL PRIORITY: ❑ Economic Vitality & Community Vibrancy ❑x Premier Public Services & Infrastructure ❑ Environmental Sustainability & Stewardship ❑x Inclusive & Responsive Government 139 of 173 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA SUMMARY PUBLICATION For Ordinances 583,584,585, and 586 Amending the City of Mendota Heights Code Title 13, Chapters 2 and 3 NOTICE IS HEREBY GIVEN that on January 9, 2024, the City Council of the City of Mendota Heights adopted ordinances amending City Code Title 13 Franchises, Chapter 2 Electric Franchise and Chapter 3 Gas Franchise: ORDINANCE NO. 583 AN ORDINANCE OF THE CITY OF MENDOTA HEIGHTS ("CITY"), TO AMEND ORDINANCE NO. 464, GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF MENDOTA HEIGHTS, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIVUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. ORDINANCE NO. 584 AN ORDINANCE IMPLEMENTING A GAS SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING GAS SERVICE WITHIN THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY ORDINANCE NO. 585 AN ORDINANCE OF THE CITY OF MENDOTA HEIGHTS ("CITY"), TO AMEND ORDINANCE NO. 463, GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF MENDOTA HEIGHTS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTANANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. 140 of 173 ORDINANCE NO. 586 AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF MEDOTA HEIGHTS, DAKOTA COUNTY. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of each ordinance, the city council determined that publication of the ordinance titles and a summary of the ordinances would clearly inform the public of the intent and effect of the ordinances. NOTICE IS FURTHER GIVEN that the Ordinances amend city code to allow for the collection of gas and electric utility franchise fees and creates a utility franchise fee which is a charge that is paid to the city from an electric and gas utility company for the use of city -owned, public right-of-way. The gas and electric utility franchise fee is then passed along to utility customers. NOTICE IS FURTHER GIVEN that a printed copy of the complete ordinances is available for inspection by any person during the City's regular office hours at Mendota Heights City Hall located at 1101 Victoria Curve, Mendota Heights, Minnesota or on the city's website at www.mendotaheightsmn.gov PASSED, ADOPTED AND APPROVED FOR PUBLICATION by the City Council of the City of Mendota Heights, Minnesota, this 9th day of January, 2024. CITY COUNCIL OF MENDOTA HEIGHTS /s/Stephanie B. Levine, Mayor Attest: /s/Nancy Bauer, City Clerk 141 of 173 GAS FRANCHISE ORDINANCE ORDINANCE NO. 464 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF MENDOTA HEIGHTS, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terns listed in alphabetical order shall have the following meanings: 1.1 City. The City of Mendota Heights, County of Dakota, State of Minnesota. 1.2 City Utility System. Facilities used for providing non -energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate Gas retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy its successors and assigns. 1.5 Gas. "Gas" as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy. 1.6 Gas Facilities. Pipes, mains, regulators, and other facilities owned or operated by Company for the purpose of providing gas service for public use. 1.7 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414 Nicollet Mall, 5th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, City Hall, 1101 Victoria Curve, Mendota Heights, MN 55118. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 142 of 173 1.8 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1.9 Public Way. Any street, alley, walkway or other public tight -of -way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and apptoved by the City, the right to transmit and furnish Gas energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be adjusted in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for Gas service in City are subject to the jurisdiction of the Commission. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise agreement or for such other relief as may be permitted by law ot equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt noting operation of any City Utility System previously installed therein. Gas Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not Ordinance 464 Page 2 143 of 173 inconsistent with the terns of this franchise agreement. Company may abandon underground gas facilities in place, provided, at City's request, Company will remove abandoned metal pipe interfering with a City improvement project, but only to the extent such metal pipe is uncovered by excavation as part of the City's improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Gas Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the .immediate repair of Gas Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiting the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for one year thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Gas Facilities. Ordinance 464 Page 3 144 of 173 SECTION 4. RELOCATIONS. 4.1 Relocation of Gas Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Gas Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Gas Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Gas Facilities, which was made at Company expense, the City shall reimburse Company for Non -Betterment Costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Gas Facilities in Public Ground. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Gas Facilities when a Public Way is vacated, improved or realigned for a right-of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Gas Facilities made necessary because of a federally - aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. Company is also granted the permission and authority to trim all shrubs and trees, including roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of Gas Facilities, provided that Company shall save City harmless from any liability in the premises. Ordinance 464 Page 4 145 of 173 SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Gas Facilities, shall not operate to deptive Company of its rights to operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the faun of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. The City at the time of adopting this franchise agreement does not desire to require the Company collect a franchise fee from its customers in the City. At a future date during the term of this franchise agreement, the City may require Company to collect a franchise fee in accordance with applicable law. If so, the City may give Company Notice to amend this franchise agreement to authorize collection of a franchise fee by separate ordinance in an amount and upon such terms and conditions as Company at that time is willing to incorporate in its gas franchise agreements with other cities. Upon receipt of such Notice Company shall negotiate in good faith with City to so amend this franchise agreement. Ordinance 464 Page 5 146 of 173 SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance confficts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous Gas franchise granted to Company or its predecessor. Passed and approved: November 18, 2014. Mayor City Clerk Date Published: 7-14- Ordinance 464 Page 6 147 of 173 ACCEPTANCE OF ORDINANCE NO. 464 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA ACCEPTANCE OF GAS FRANCHISE: WHEREAS, the City Council of the City of Mendota Heights, Dakota County, Minnesota, on the 18th day of November, 2014, passed and adopted Ordinance No. 464, entitled: AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF MENDOTA HEIGHTS, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. which Ordinance was duly published according to law on the 7th day of December, 2014, in the South-West Review, a newspaper circulated in and serving as the legal newspaper for the City of Mendota Heights, Dakota County, and State of Minnesota, and which Ordinance is not effective unless accepted in writing by Northern States Power Company, a Minnesota corporation. NOW THEREFORE, Northern States Power Company, a Minnesota corporation, for itself and its successors and assigns, does hereby accept all the terms and conditions of said Ordinance. IN WITNESS WHEREOF, Northern States Power Company, a Minnesota corporation has caused this document to be executed in its corporate name by its duly authorized persons and its corporate seal to be hereto affixed this 29th day of January, 2015. Attest: Northern States Power Company, a Minnesota corporation By: ara Heine Patrick V. Cline Assistant Corporate Secretary Director, Community Relations 148 of 173 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA GAS FRANCHISE ORDINANCE ORDINANCE NO. 583 FRANCHISE AGREEMENT AMENDMENT THIS IS AN ORDINANCE OF THE CITY OF MENDOTA HEIGHTS ("CITY'), TO AMEND ORDINANCE NO. 464, GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF MENDOTA HEIGHTS, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIVUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA ORDAINS: WHEREAS, by Ordinance No. 464 the City granted to Northern States Power Company ("Company") a franchise to operate and maintain a gas distribution system in the City (the "Franchise Ordinance"). WHEREAS, in accordance with Section 9 of the Franchise Ordinance, the City has given notice to Company that City requires Company to collect franchise fees in accordance with applicable law. WHEREAS, Company has agreed to the amendment of the Franchise Ordinance to implement the franchise fees by separate ordinance. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA. 1. Section 9 of the Franchise Ordinance is hereby deleted in its entirety and replaced with the following: SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on the Company, the City may impose on the Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts: 149 of 173 Class Fee Per Premise Per Month Residential $2.00 Commercial Firm Non -Demand $20.00 Commercial Firm Demand $20.00 Small Interruptible $20.00 Medium and Large Interruptible $20.00 Firm Transportation $ n/a Interruptible Transportation $ n/a 9.2 Separate Ordinance The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for gas service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for gas service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for gas service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount 150 of 173 paid by any identifiable customer or customers or any other information regarding identified customers. 9.4 Terms Defined. 9.4.1 "Customer Class" shall refer to classes listed in the Fee Schedule and as defined or determined in Company's gas rate book on file with the Commission. 9.4.2 "Fee Schedule" refers to the Schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Classes added by the Company to its gas tariffs after the effective date of this franchise agreement. 9.4.3 Therm shall be a unit of gas providing 100,000 Btu of heat content adjusted for billing purposes under the rate schedules of Company on file with the Commission. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. 2. Except as otherwise amended by this Ordinance, the Franchise Ordinance, as modified herein, remains in full force and effect and is hereby ratified and confirmed by the City and Company. [signatures on the next page] 151 of 173 Passed and approved: , 20_. ATTEST: Nancy Bauer, City Clerk Date Published: CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor 152 of 173 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 584 AN ORDINANCE IMPLEMENTING A GAS SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING GAS SERVICE WITHIN THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS DOES ORDAIN: SECTION 1. The City of Mendota Heights Municipal Code is hereby amended to include reference to the following Special Ordinance. Subd. 1. Purpose. The Mendota Heights City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas services within the City of Mendota Heights. (a) Pursuant to City Ordinance , a Franchise Agreement between the City of Mendota Heights and Northern States Power Company, a Minnesota corporation, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, its successors and assigns, in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, its successors and assigns, under its gas franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the NSPM , 20 billing month. This fee is an account -based fee on each premise and not a meter -based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for gas service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9 of the Franchise. 1 153 of 173 Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of the fee. Subd. 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subd. 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to NSPM by certified mail. Collection of the fee shall commence as provided in above. Passed and approved: , 20 ATTEST: Nancy Bauer, City Clerk SEAL CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor 2 154 of 173 SCHEDULE A Franchise Fee Rates: Gas Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Amount per month Residential $2.00 Commercial Firm Non -Demand $20.00 Commercial Firm Demand $20.00 Small Interruptible $20.00 Medium and Large Interruptible $20.00 Firm Transportation $ n/a Interruptible Transportation $ n/a Franchise fees are submitted to the City on a quarterly basis as follows: January — March collections due by April 30. April — June collections due by July 31. July — September collections due by October 31. October — December collections due by January 31. 3 155 of 173 ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. 463 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF MENDOTA HEIGHTS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized teens listed in alphabetical order shall have the following meanings: 1.1 City. The City of Mendota Heights, County of Dakota, State of Minnesota. 1.2 City Utility System. Facilities used for providing non -energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy its successors and assigns. 1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 1.6 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414 Nicollet Mall, 5th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, City Hall, 1101 Victoria Curve, Mendota Heights, MN 55118. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. Ordinance 463 Page 1 156 of 173 1.7 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1.8 Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be adjusted in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, tinder and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as mg -tilted by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this medintor. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected medintor, either party may commence an action in District Court to interpret and enforce this franchise agreement or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Ordinance 463 Page 2 157 of 173 Electric Facilities shall be located on Public Grounds as detertnined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Electfic Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiting the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for one year thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which Ordinance 463 Page 3 158 of 173 the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities upon terms and conditions acceptable to Company whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electdc Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non -betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unsaved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company at Company's expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a right-of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Electric Facilities made necessary because of a federally - aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the fights herein granted to Company are valuable rights. Ordinance 463 Page 4 159 of 173 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive tight before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to pen -nit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the perfonnance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electtic Facilities, shall not operate to deprive Company of its fights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. Ordinance 463 Page 5 160 of 173 SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. The City at the time of adopting this franchise agreement does not desire to require the Company collect a franchise fee from its customers in the City. At a future date during the teen of this franchise agreement, the City may require Company to collect a franchise fee in accordance with applicable law. If so, the City may give Company Notice to amend this franchise agreement to authorize collection of a franchise fee by separate ordinance in an amount and upon such terms and conditions as Company at that time is willing to incorporate in its electric franchise agreements with other cities. Upon receipt of such Notice Company shall negotiate in good faith with City to so amend this franchise agreement. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. Ordinance 463 Page 6 161 of 173 SECTION U. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. Passed and approved: November 18, 2014. Attest: City Clerk Date Published: ic:;? 7" c2014-- Page 7 Ordinance 463 162 of 173 ACCEPTANCE OF ORDINANCE NO. 463 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA ACCEPTANCE OF ELECTRIC FRANCHISE: WHEREAS, the City Council of the City of Mendota Heights, Dakota County, Minnesota, on the 18th day of November, 2014, passed and adopted Ordinance No. 463, entitled: AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF MENDOTA HEIGHTS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. which Ordinance was duly published according to law on the 7th day of December, 2014, in the South-West Review, a newspaper circulated in and serving as the legal newspaper for the City of Mendota Heights, Dakota County, and State of Minnesota, and which Ordinance is not effective unless accepted in writing by Northern States Power Company, a Minnesota corporation. NOW THEREFORE, Northern States Power Company, a Minnesota corporation for itself and its successors and assigns, does hereby accept all the terms and conditions of said Ordinance. IN WITNESS WHEREOF, Northern States Power Company, a Minnesota corporation has caused this document to be executed in its corporate name by its duly authorized persons and its corporate seal to be hereto affixed this 29th day of January, 2015. Northern States Power Company, a Minnesota corporation By: Assistant Corporate Secretary trick V. Cline Director, Community Relations 163 of 173 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. 585 FRANCHISE AGREEMENT AMENDMENT THIS IS AN ORDINANCE OF THE CITY OF MENDOTA HEIGHTS ("CITY"), TO AMEND ORDINANCE NO. 463, GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIRAND MAINTAIN IN THE CITY OF MENDOTA HEIGHTS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTANANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA ORDAINS: WHEREAS, by Ordinance No. 463 the City granted to Northern States Power Company ("Company") a franchise to operate and maintain An electric distribution system in the City (the "Franchise Ordinance"). WHEREAS, in accordance with Section 9 of the Franchise Ordinance, the City has given notice to Company that City requires Company to collect franchise fees in accordance with applicable law. WHEREAS, Company has agreed to the amendment of the Franchise Ordinance to implement the franchise fees by separate ordinance. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA. 1. Section 9 of the Franchise Ordinance is hereby deleted in its entirety and replaced with the following: SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on the Company, the City may impose on the Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts: 164 of 173 Class Fee Per Premise Per Month Residential $ 2.00 Sm C & I — Non-Dem $ 20.00 Sm C & I — Demand $ 20.00 Large C & I $ 50.00 Public Street Ltg $ 15.00 Muni Pumping —N/D $ 2.00 Muni Pumping — Dem $ 2.00 9.2 Separate Ordinance The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined. 9.3.1 "Customer Class" shall refer to classes listed in the Fee Schedule and as defined or determined in Company's gas rate book on file with the Commission. 9.3.2 "Fee Schedule" refers to the Schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Classes added by the Company to its gas tariffs after the effective date of this franchise agreement. 9.4 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. If the Company 165 of 173 specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.4, the foregoing conditions will be waived to the extent of such written consent. 9.5 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. 2. Except as otherwise amended by this Ordinance, the Franchise Ordinance, as modified herein, remains in full force and effect and is hereby ratified and confirmed by the City and Company. [signatures on the next page] 166 of 173 Passed and approved: , 20_. ATTEST: Nancy Bauer, City Clerk Date Published: CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor 167 of 173 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 586 AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF MEDOTA HEIGHTS, DAKOTA COUNTY. THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS DOES ORDAIN: SECTION 1. The City of Mendota Heights Municipal Code is hereby amended to include reference to the following Special Ordinance. Subd. 1. Purpose. The Mendota Heights City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Mendota Heights. (a) Pursuant to City Ordinance , a Franchise Agreement between the City of Mendota Heights and Northern States Power Company, a Minnesota corporation, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, its successors and assigns, in an amount and fee design as set forth in Section of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, its successors and assigns, under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the NSPM , 20 billing month. This fee is an account -based fee on each premise and not a meter -based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9 of the Franchise. 1 168 of 173 Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of the fee. Subd. 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subd. 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to NSPM by certified mail. Collection of the fee shall commence as provided above. Passed and approved: , 20_. ATTEST: Nancy Bauer, City Clerk SEAL CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor 2 169 of 173 SCHEDULE A Franchise Fee Rates: Electric Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Amount per month Residential $2.00 Small C & I — Non -Demand $20.00 Small C & I — Demand $20.00 Large C & I $50.00 Public Street Lighting $15.00 Municipal Pumping — Non -Demand $2.00 Municipal Pumping — Demand $2.00 Franchise fees are submitted to the City on a quarterly basis as follows: January — March collections due by April 30. April — June collections due by July 31. July — September collections due by October 31. October — December collections due by January 31. 4 170 of 173 171 of 173 ryij REQUEST FOR CITY COUNCIL ACTON MEETING DATE: January 9, 2024 AGENDA ITEM: Authorize Professional Services Contract for the Park System Master Plan ITEM TYPE: ❑ Consent ❑ Presentation/Recognition ❑ Public Hearing 0 New/Unfinished Business DEPARTMENT: Parks and Recreation CONTACT: Meredith Lawrence, Parks and Recreation Manager ACTION REQUEST: Authorize a professional services contract with Confluence/PROS for the development of a city-wide Park System Master Plan for a not to exceed amount of $85,970. BACKGROUND: As part of the 2024 budget process, the Parks and Recreation Commission requested funding for the development of a city-wide Park System Master Plan. A Park System Master Plan is a common document found within cities and is a roadmap for the next 15 years in regards to the planning and development of park spaces, facilities, and recreational programs and services. The City of Mendota Heights currently does not have a Park System Master Plan. Staff worked with the Parks and Recreation Commission and the Park System Master Plan subcommittee to review master plans from other cities to determine what should be included in the Mendota Heights Request for Proposals (RFP). The City Council approved the release of the RFP at their November 21 meeting. Proposals were due on December 15 and the City received four strong proposals for the project. The Parks and Recreation Commission Master Plan subcommittee and key project staff reviewed the proposals and interviewed the four consultants on January 2. The subcommittee and key project staff are recommending Confluence/PROS for the project. Confluence is a professional consulting firm that has local experience completing master plans for Bloomington, Hopkins, Shakopee, Edina, Burnsville and Apple Valley. In addition to having a local office, Confluence has offices nationwide which allow them the opportunity to pull parks and recreation data, trends and metrics from across the country. In partnership with Confluence, PROS 172 of 173 consulting specializes in parks feasibility studies, needs assessments, financial planning and organizational development. Together, Confluence and PROS submitted a base proposal that includes the following plan elements: • Existing Conditions and Opportunities Review • Recreation Programs, Services and Future Forecast • Community Engagement • Prioritization • Implementation • Final Document and Project Delivery • Meetings with Key Project Team The base proposal has a total project cost of $76,745. In addition, Confluence and PROS submitted bid alternates that includes the following: • Financial Sustainability Analysis • Park Concept Plan for Mendakota Park (2 options and 1 revision) • Consulting Team Attends Four Pop -Up Intercepts and 6 Community Events • Staff Extended Work Sessions (2 meetings) • Equity Analysis Staff and the subcommittee are recommending the base bid with the addition of the Financial Sustainability Analysis and the Equity Analysis. In addition, staff and the subcommittee determined that the community engagement for this project will be the most effective if it is a team approach between staff, the parks and recreation commission, and the consultant. FISCAL AND RESOURCE IMPACT: The 2024 budget included $75,000 for this project from the Special Parks Fund. The base proposal costs are $76,745 and the additional bid alternates recommended including an additional $9,225. This resulted in a total project cost of $85,970. There are sufficient funds in the Special Parks Fund to cover this expense. ATTACHMENTS: Confluence/PROs Project Summary and Fee Analysis CITY COUNCIL PRIORITY: ❑x Economic Vitality & Community Vibrancy ❑ Environmental Sustainability & Stewardship ❑x Premier Public Services & Infrastructure ❑x Inclusive & Responsive Government 173 of 173 FEES We believe strong collaborations make great projects. Our team's proposal balances a range of experience levels and expertise. Similar to the schedule, we are happy to work with your team to refine tasks as needed and to best meet the needs of your project. Our not -to -exceed cost for providing the professional services as outlined in our proposed schedule is detailed below. While this is our best approximation of the level of effort it will take to successfully complete this planning effort outlined herein, our team remains flexible to review specific components of our approach, schedule, and fee to adjust if needed to best meet the needs of Mendota Heights and this process. PROJECT NAME City of Mendota Heights Park System Master Plan Consultant Team of Confluence and PROS Leon Younger TASK 1 Existing Conditions and Opportunities HRS $ HRS $ HRS 5 HRS $ HRS S HRS $ HRS $ HRS 5 iiiiiiiiiiii- Data Collection and Review -- . $960.00--En $960 00 ii ' $440.00® $36000 ii ' $620.00 Ell $3,340.00 ® Asset Management Plan and Capital Improvement Plan Review --En. $640.00--E.- Ell -® $360.00 ii- $620.00 ii- $1,620.00 ® Demographic and Recreational Trends --_---_-----E. $2,480.00 ii . $2,480.00 ® Park Inventory and Conditions Review Summary - $185.00EIE $640.00--iiiiiiii. $96000---lllllllllllllllllllllll■Milli■-® $1,785.00 larMEMINE TASK 2 ®' Recreation Programs, Services and Future Forcast • ' ' - HRS --® $185.00.11. $ HRS $2,240.00--® $ $320.00--En HRS $ HRS $1,920.00En $ $96000--RE HRS $440.00El. $ HRS $720.00E. $ $72000 HRS iiiiiii . $3,720.00 $ $2,480.00 iiiiiiiEiiiiiiiiiiiiiiiiiiiiiii HRS El 5 $4,480.00 r5 Park'Facility Classifications and Level of Service Standards --_---_---EM $720.00 ii . $2,480 00 El $3,200.00 iiiiiiiiiiiiii®" - $185.00---------- . $2,48000Ell $2,665.00 TASK 3 iiiiiiiiiiii-� TASK 2 TOTAL, Community Engagement Community Engagement Plan E11 HRS -- $185.00® $ HRS . $320.00-- $ $960.00--En HRS S E. HRS $960.00-- $ $960.00----_-EM HRS 5 ' HRS $1,44000 $ iiiiii ' HRS $7,440.00 $ iiiiiii. HRS $10,345.00 S $1,920.00 iiiiiiiiiiii�27ia1• iiiiiiiiiiiiiEEE Interactive Online Engagement Website -- . $960.00EN $2,000.00EE $720.00----_- ' $3,680.00 Pop -Up Intercept Engagement Tool Kit for City Staff --_--- . $1,920.00 iiiiiii'. $880.00--_- ' $2,800.00 ® Community Focus Group Listening Sessions (10 meetings assumed) -- . $960.00-- E. $960.00----_-MEM $1,920.00 MEE Workshops and Presentations (4 meetings assumed) -- ' $640.00-- E. $96000----_-® $1,600.00 W Vision and Guiding Principles Summary PM $370.00ElE $640.00--iiiiiiii. $960.00---lllllllllllllllllllllll■Milli■- ' $1.970.00 TASK 3 TOTAL:® $370.00ECM $4,160.00®. $2,000.00El. $6,480.00E1 $880.00--_- . $13,890.00 TASK Prioritization HRS $ HRS $ HRS $ HRS $ HRS 5 HRS $ HRS $ HRS $ iiiiiiiiiiiiiii:E= Prioritization Tool Development --.0. $640.00-- . $960.00En 5440.00El. $720.00i . $1,240.00 Ell $4,000.00 iiiiiiiiiiiiiii = Staling and Operations Recommendations --_---_--- ' $720.00- 01,24000El $1,960.00 iiiiiiiiiiiiiiiEM . : - $185.00Ell $960.00--® $1,440,00E-En $720,00EN $1.240,00Ell $4.545.00 ' ' e - $185.00EE $1,600.00--KM $2,40000BE $44000El $2,160.00 iiiiiii' $3,72000El. $10,505.00 TAS45 Implementaion HRS 5 HRS $ HRS $ HRS $ HRS $ HRS $ HRS $ HRS $ ® Funding and Revenue Altematives --_---En $720.00-- ' $720.00 ii . $1,240.00 iiiiiii' $2680.00 ® • --® 5320.00--® $1,440.00E1 $660.00El. $360.00_-® $2,780.00 ® Framewodi+ Implementation Plan Development $185.00- $1,280.00En $500.00 iiiiiii • $2,400.00 KE $880.00 E. $720.00 ii ' $620.00 ' $6,585.00 IMMESEM $185.00E1E $1,600.00Ein $500.00EE $4,560.00El $1,540.00- $1,800.00E. $1,860.00Era $12,045.00 TASK 6 Final Document and Project Delivery HRS 5 HRS $ HRS $ HRS 5 HRS $ HRS $ HRS $ HRS $ iiiiiiiiiiiiiii3M r'. r . --El. $640.00-- lllllllF I $1,920.00� $88000 11111■ lllllllllllllllllllllll■lllll N $620.00® $4,060.00 ® r. M - 5370.00 ii ' $640.00--$1,920.00®. Illll . 51,76000 11111■lllllllllllllllllllllll■lllll N $620.00 E. $5.31000 12=231.1. $370.00EE $1.280.00--® $3.840.00El $2.640.00-- ' $1240.00E. $9,370.00 TASK 7 Meetings HRS 5 HRS $ HRS $ HRS $ HRS $ HRS $ HRS $ HRS $ ® '- - ii- $64000--ME $480.00-- ' $720.00--® $2,025.00 iiiiiiiiiiiiiii- .. .. , --ME $1.280.00-- . $1920,00--® $360.00- $620,00 • $4,540.00 ' r ' - $185.OGEE $1,92000--En $2400.00-- . $1,080.00EN $620.00 iiiiii' $6,565.00 --iiiii- --ii- ----_-_ BASE TOTALS 9, $1,665.00 82. $13,120.00 20. $2,500.00 194. $23,280.00 58. $6,380.00 40. $7,200.00 120. $18,600.00 523 $72,745.00 TASK 8 Iii=l= REIMBURSABLES --_---_-----_-_ FRS 5 HRS $ HRS $ HRS 5 HRS $ HRS 5 HRS 5 HRS $ $1,000.00 MMIIZEI=-_---_-----_-_ $3.000.00 ------------_-_ GRAND TOTAL $4,000.00 $76,745.00 TOTAL 2.5 ALT Financial Sustainability Analysis 4. $640.00 4. $720.00 16. $2,460.00 24. $3,840.00 2.6 ALT Park Concept Plan For Mendakota Park (2 Options, 1 Revision) 6 $1,110.00 8. $1,280.00 24. $2,880.00 16. $1,760.00 54. $7,030.00 3.2 B ALT Consulting Team Attends 4 Pop -Up Intercepts and 6 Community Events 4. $640.00 24. $2,860.00 16. $1,760.00 44. $5,280.00 3.2 D ALT Staff Extended Work Sessions (2 meetings) 2 $370.00 4. $640.00 8. $960.00 4. $440.00 18. $2,410.00 4.3 ALT Equity Analysis ALTERNATES TOTAL $185.00 2. $320.00 16. $2,000.00 24. $2,880.00 43. $5,385.00 $23,945.00 Total with Alternates' $100,690.0 45