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2024-03-06 City Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL MEETING AGENDA March 6, 2024  7:00PM 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 February 20, 2024, City Council Meeting b.Acknowledge January 30, 2024 Planning Commission Meeting Minutes c.Authorize Joint Powers Agreement with Dakota County for Natural Resource Forest Enhancement on the River to River Regional Greenway – Valley Park d.Authorize Joint Powers Agreement with Dakota County for the Delaware Avenue Safe Routes to School Improvements from Mendota Road to Marie Avenue Next Meeting March 19, 2024  7:00PM 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 e.Authorize Transfer of Funds to the Lower Mississippi River Watershed Management Organization for PCB and other Contaminants of Concern Investigation f.Approve the Purchase of a SCADA System and Lift Station Panels g.Acknowledge January 2024 Fire Synopsis h.Accept the Retirement of Firefighter Dave Winge i.Authorize Purchase Order for Concrete Work at the Par 3 j.Approve Two Rivers Athletic Association’s Request for Portable Pitching Mounds k.Approve Joint Powers Agreement for the Open to Business Program through Dakota County Community Development Agency l.Adopt Environmentally Preferable Purchasing Guidelines Addendum to the City’s Purchasing Policy m.Authorize 2023 Shade Tree Program Bonding Grant with the MN Department of Natural Resources n.Approve Claims List 7.PRESENTATIONS a.Rogers Lake Water Quality Report – Saint Thomas Academy 8.PUBLIC HEARINGS 9.NEW AND UNFINISHED BUSINESS a.Request to Endorse Fresh Air Fridays Initiative b.Award Professional Services Contract for the Friendly Hills Neighborhood Improvements c.Resolution 2024-08 Approving a Wetlands Permit at 941 Wagon Wheel Trail (Planning Case No. 2024-02) 10.COMMUNITY/CITY ADMINISTRATOR ANNOUNCEMENTS 11.CITY COUNCIL COMMENTS 12.ADJOURN CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA DRAFT Minutes of the Regular Meeting Held Tuesday, February 20, 2024 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, and Mazzitello, were also present. Councilor Miller was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Lorberbaum moved approval of the consent calendar as presented, pulling item L. a.Approval of February 6, 2024 City Council Minutes b. Approval of February 6, 2024 Special City Council Minutes c.Acknowledge Minutes from the January 16, 2024 Parks and Recreation Meeting d.Authorize Purchase of Agenda Management and Website Accessibility Software e.Approve Public Works Superintendent Out of State Travel Request f.Accept Bids and Award Contract for the 2024 Street Sweeping g.Authority 2023 Audit Services with BerganKDV h.Authorize Purchase Order for Covered Dugouts, Additional Fencing and Concrete Work at Marie Park i.Approve Soil Boring Quotation for the Bridgeview Shores Street Improvements 6a1 of 240 February 20, 2024 Mendota Heights City Council Page 2 of 6 j.Acknowledge the November and December Par 3 Financial Reports k.Approve December 2023 Treasurer’s Report l.Approve Temporary Liquor License for Beth Jacob Congregation m.Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS L)APPROVE TEMPORARY LIQUOR LICENSE FOR BETH JACOB CONGREGATION Councilor Lorberbaum commented that she will be recusing herself as she is a member of the congregation. Councilor Paper moved to approve TEMPORARY LIQUOR LICENSE FOR BETH JACOB CONGREGATION. Councilor Mazzitello seconded the motion. Further discussion: Mayor Levine commented that while she is also a member of the congregation, she has chosen not to recuse herself. Ayes: 3 Nays: 0 PRESENTATIONS A)POLICE OFFICER SWEARING IN/OATH OF OFFICE Police Chief Kelly McCarthy introduced Officers Mark McKernon and Logan Welter who are present to take their Oath of Office. She stated that they had debated delaying this item given the recent incident in Burnsville, but decided that it would be appropriate to continue recognizing the sacrifice that Officers and First Responders make to serve their communities. Mayor Levine administered the Oath of Office to Officer Mark McKernon and Officer Logan Welter. B)CITIZEN AND OFFICER AWARD OF MERIT Police Chief Kelly McCarthy presented an Award of Merit for Mendota Heights resident Chad Greeley and Officer Weston Raberge in response to an incident that occurred on December 24, 2023. PUBLIC HEARING No items scheduled. 2 of 240 February 20, 2024 Mendota Heights City Council Page 3 of 6 NEW AND UNFINISHED BUSINESS A)REQUEST FOR PORTABLE PITCHING MOUNDS Parks and Recreation Manager Meredith Lawrence explained that the Council was being asked to consider a request from the Two Rivers Athletic Association (TRAA) for the City to purchase portable pitching mounds. Adam Crepeau, TRAA, stated that the association has been funding the portable mounds which are available to all residents and some of those now need replacement. He referenced previous partnership with the City at Victoria Highlands. He stated that TRAA reached out to other entities and the manufacturer in order to lower the ask of the City from $8,500 to $1,800 Councilor Paper referenced the anticipated lifespan of five years for the portable mounds and asked how often TRAA can apply for the grant. Mr. Crepeau replied that they would not be able to apply each year, but they would be able to make another grant request in two years or more. He stated that he would also be willing to increase fundraising activity in anticipation of future replacement. He stated that although five years is listed as the lifespan, some last longer than that. Councilor Paper asked if there would be a benefit in limiting cleats to plastic or rubber only. Mr. Crepeau commented that he intends to put a rule in place for the 13U tournament to ban metal cleats. He noted that the other ages do not use metal cleats. He stated that he would also work with Saint Thomas to find a solution to keep the mounds in good shape. Councilor Paper thanked TRAA for their effort in raising funds for this use. Councilor Lorberbaum thanked TRAA for looking for donations and for the work they do in the community. She asked if there are other sources of funding the association could seek as the special park funds are limited. She stated that the Mendota Heights Community Foundation is willing to consider meeting to consider providing those funds. She asked if a decision needs to be made tonight or whether this could be tabled to see if additional donations could be obtained. Mr. Crepeau stated that these youth activities bring families together and these four mounds would be used at Mendakota, which is used for tournaments and brings in families from outside the area who spend money at local businesses. He commented that it has taken some effort to raise the funds they have gotten thus far and believed that they could build upon that moving forward. He thanked the Parks and Recreation Commission for its recommendation of approval. He stated that they will continue to engage stakeholders and will explore opportunities with the Mendota Heights Foundation as well. He was unsure of how tabling this could impact the timeline, noting that he would like to have the mounds in place before May when the baseball season starts. Parks and Recreation Manager Meredith Lawrence noted that this would be a Council decision going forward and therefore could come back at a meeting in March or April. She stated that staff could work with Mr. Crepeau before then and bring it back to the Council once that additional information is known. 3 of 240 February 20, 2024 Mendota Heights City Council Page 4 of 6 Councilor Lorberbaum commented that she would be willing to provide a donation and believed that others would be willing to do so as well, along with the Foundation. She preferred to table this item tonight to explore those opportunities. Councilor Mazzitello commented that it seems that the five-year life expectancy is not steadfast and perhaps one or two are replaced per year so that costs can be spread out in the budget through the equipment replacement fund. Parks and Recreation Manager Meredith Lawrence commented that if that path is chosen, these would be incorporated into the asset management plan and the expense could be staggered. Councilor Mazzitello commented that for future replacement he would recommend staggering replacement. He stated that because the City would own the mounds, residents would be able to use the mounds for practice with their children as the equipment would not be exclusive to games or certain users. Parks and Recreation Manager Meredith Lawrence confirmed that the mounds would be housed at Mendakota, and any user would have access, as would residents when the fields are available. She confirmed that the mounds would not be able to leave Mendakota. Councilor Mazzitello asked for information on the time or delivery after ordering and whether tabling this would impact that ability to receive the equipment before the season. Parks and Recreation Manager Meredith Lawrence commented that even if this were approved, staff did not intend on ordering them immediately as there is not a place for indoor storage at this time. She believed that one month would be adequate in terms of ordering and receiving. Councilor Lorberbaum moved to table the CONSIDERATION OF THE REQUEST FOR PORTABLE PITCHING MOUNDS TO THE MARCH 6, 2024 MEETING. Councilor Mazzitello seconded the motion. Further discussion: Councilor Paper asked if Mr. Crepeau would need to attend the next meeting, noting that he has a job and four children above the time he provides to TRAA. Mayor Levine commented that he would not need to attend. Councilor Mazzitello clarified that the purpose of tabling this item is to determine if additional donations could be received by TRAA. Parks and Recreation Manager Meredith Lawrence commented that during the next two weeks staff will work with TRAA to determine if there are additional funding sources that could provide the $1,800, or a portion of that amount. She stated that staff will then make a presentation at the next Council meeting with an update on the funding, and remaining ask if necessary. Mayor Levine provided details on how residents could provide donations for this purpose. 4 of 240 February 20, 2024 Mendota Heights City Council Page 5 of 6 Parks and Recreation Manager Meredith Lawrence clarified that donations should be made directly to TRAA for this purpose or they could contact her at city hall for more information. Councilor Paper asked if this could be placed on the Consent Agenda for the next meeting. City Administrator Cheryl Jacobson commented that because of the small amount it does not need to be on the Consent Agenda, as the amount is within her discretion to approve administratively. She stated that because the request was tabled, she would recommend placing it on the Consent Agenda however. Ayes: 4 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Mazzitello commented that hearing of the tragic incidents of Sunday morning brought back the tragedy Mendota Heights experienced on July 30, 2014 when Officer Patrick was killed in the line of duty. He stated that they should not wait for these events to say this, but thanked all of those that serve as first responders and put themselves in harm’s way for the benefit of the community. He thanked all that serve as first responders and willfully agree to the potential sacrifice that could include their lives. Councilor Lorberbaum echoed the comments of Councilor Mazzitello and expressed appreciation for all first responders. She commented that you do not have to give your life to be a hero. She thanked everyone that attended and enjoyed the activities of Frozen Fun Fest, along with staff. Councilor Paper commented that his heart goes out to the City of Burnsville, agreeing that it brought him back to the incident ten years ago. He expressed appreciation to those involved in public safety and was deeply sorry for the losses. Mayor Levine commented that the City of Burnsville is accepting donations to help support those families. She acknowledged and thanked the new Officers and those that serve on the Mendota Heights Police force. She also acknowledged the Officer and resident that assisted a resident in need, which was discussed earlier tonight. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 7:53 p.m. 5 of 240 February 20, 2024 Mendota Heights City Council Page 6 of 6 ____________________________________ Stephanie B. Levine Mayor ATTEST: _______________________________ Nancy Bauer City Clerk 6 of 240 January 30, 2024 Mendota Heights Planning Commission Meeting Page 1 of 4 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES JANUARY 30, 2024 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, January 30, 2024 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 Petschel, Jason Stone, and Andrew Katz. Those absent: Commissioner Brian Udell. Approval of Agenda The agenda was approved as submitted. Approval of Minutes a) Approve the December 20, 2023 Regular Meeting Minutes COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER KATZ, TO APPROVE THE REGULAR PLANNING COMMISSION MINUTES OF DECEMBER 20, 2023. AYES: 6 NAYS: 0 b)Acknowledge the December 19, 2023 City Council and Planning Commission Joint Work Session Minutes COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER STONE, TO ACKNOWLEDGE THE DECEMBER 19, 2023 CITY COUNCIL AND PLANNING COMMISSION JOINT WORK SESSION MINUTES. AYES: 6 NAYS: 0 Hearings There were no public hearings scheduled. New/Unfinished Business 6b7 of 240 January 30, 2024 Mendota Heights Planning Commission Meeting Page 2 of 4 A)CASE #2023-28 – CUP TO CONSTRUCT OUTDOOR PADEL AND PICKLEBALL COURTS (GLENN BARON) Community Development Manager Sarah Madden provided background information on the previously considered request heard at the November 28, 2023 Commission meeting. She stated that as directed, the applicant withdrew their application for a Variance for a painted sign on January 11, 2024. The Conditional Use Permit request for accessory outdoor commercial recreation remains an active request, as presented with an updated site plan provided by the applicant. The public hearing remains open with the tabled request. Community Development Manager Sarah Madden 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 there is a letter or document from the applicant regarding the mural. Community Development Manager Sarah Madden replied that there is a written withdrawal of the variance. Commissioner Katz asked the status of the changes to the zoning ordinances. Chair Field replied that there will be an open house next month. Commissioner Petschel commented that the Commission will also review and make a recommendation before that goes to the City Council. Community Development Manager Sarah Madden commented that the City is still within the review and public comment phase of that process. Commissioner Katz noted that at an earlier worksession, the Commission reviewed the issue of signage and recommended striking the language that would prohibit signs painted on the outside of the building. Community Development Manager Sarah Madden commented that the applicant is aware of those discussions within the revision process. She stated that this part of the applicant’s plan is a higher priority and therefore chose to move forward on just this application for a CUP rather than continue to table the signage request. Commissioner Corbett referenced the parking range and asked how that was calculated as typically there is a specific number of stalls required. Community Development Manager Sarah Madden stated that the parking range was presented at the November meeting and explained that the parking is calculated as a range because there is not a specific use category in the parking table for this type of use. 8 of 240 January 30, 2024 Mendota Heights Planning Commission Meeting Page 3 of 4 Commissioner Corbett asked if the range would continue to be used in the future or whether a specific number would be developed for this type of use. Community Development Manager Sarah Madden commented that there may be some amendments to the parking chart during the overall zoning revision process. Glenn Baron, applicant, stated that they revised the plans to ensure there would not be complications with the dog use area. Chair Field invited the public to make comments. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER STONE, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR 1415 MENDOTA HEIGHTS ROAD, BASED ON THE FINDINGS OF FACT AND WITH THE FOLLOWING CONDITIONS OF APPROVAL: 1.ALL PARKING FOR THE MULTI-TENANT BUILDING MUST BE ACCOMMODATE ON SITE. ANY INDICATION THAT THE SITE IS UNDER PARKED MAY RESULT IN REQUIRED AMENDMENTS TO THE SITE PLAN AND/OR CONDITIONAL USE PERMIT. 2.THE HOURS OF OPERATION FOR THE OUTDOOR COMMERCIAL RECREATION (PADEL AND PICKLEBALL COURTS) SHALL BE SEASONAL AND LIMITED TO 7:00 A.M. TO DUSK. 3.NO ADDITIONAL EXTERIOR LIGHTING WAS REVIEWED OR APPROVED AS PART OF THE CONDITIONAL USE PERMIT. ANY EXTERIOR LIGHTING, IF RELATED TO LIGHTING OF THE PICKLEBALL/PADEL COURTS, MAY REQUIRED AN AMENDMENT TO THE PERMIT. 4.THE APPLICANT MUST OBTAIN ALL NECESSARY PERMITS FROM THE PUBLIC WORKS DIRECTOR AND COMPLY WITH THE LAND DISTURBANCE REQUIREMENTS. 5.THE APPLICANT MUST OBTAIN ALL REQUIRED CITY PERMITS, INCLUDING BUT NOT LIMITED TO, A GRADING PERMIT AND BUILDING PERMIT. 6. THE APPLICANT MUST OBTAIN ANY NECESSARY PERMITS FROM ALL APPLICABLE AGENCIES WITH JURISDICTION OVER THE PROJECT. AYES: 6 9 of 240 January 30, 2024 Mendota Heights Planning Commission Meeting Page 4 of 4 NAYS: 0 Chair Field advised the City Council would consider this application at its February 6, 2024 meeting. B)2024 MEETING SCHEDULE Community Development Manager Sarah Madden reviewed the proposed 2024 meeting calendar. She noted changes for the months of February and December. It was also noted that July should be reflected as the 23rd rather than the 30th. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO APPROVE THE 2024 PLANNING COMMISSION MEETING DATES AS PROPOSED. AYES: 6 NAYS: 0 Staff Announcements / Updates Community Development Manager Sarah Madden provided an update on the City Council review of planning related items. She also noted an upcoming training session for City commission members. Adjournment COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER JOHNSON, TO ADJOURN THE MEETING AT 7:25 P.M. AYES: 6 NAYS: 0 10 of 240 _________________________________________________ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: March 6, 2024 AGENDA ITEM: Joint Powers Agreement with Dakota County for Natural Resource Forest Enhancement on the River to River Regional Greenway ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Engineering CONTACT: Krista Spreiter, Natural Resources Coordinator ACTION REQUEST: Authorize the Joint Powers Agreement with Dakota County for Natural Resource Forest Enhancement on the River to River Regional Greenway within Valley Park. BACKGROUND: The Dakota County Board of Commissioners adopted the River to River Greenway Natural Resources Management Plan (NRMP), which identified priorities for ecological restoration and enhancement areas on public lands within and outside the Greenway Corridor along the River to River Greenway Regional Trail in Valley Park. Within this NRMP, cost-shares and roles associated with ecological restoration and enhancement were identified on non-County lands. Dakota County has obtained State grant funds in part for natural resource restoration and enhancement projects within and outside the Greenway Corridor. The attached agreement, if approved, would allow the County and City to equally share the grant match costs for ecological restoration and enhancement activities to accomplish the Valley Park Forest Enhancement project, which is identified in the City’s Natural Resources Management Plan as a Priority Project. Activities would include the removal and treatment of buckthorn and other invasive species, as well as the replanting of native woodland species within the project area. The agreement shall be effective on the date of the signature of the last party to sign it and expires on June 30, 2027. FISCAL AND RESOURCE IMPACT: The total cost of the project is estimated to be $100,000. Both the City and County would contribute $10,000 each towards the grant match. Funds contributed by the City would be taken from the City’s Natural Resources Management Plan Priority Projects fund. 6c11 of 240 ATTACHMENTS: Map – Valley Park Forest Enhancement Project Joint Powers Agreement CITY COUNCIL PRIORITY: ☒Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship☒Premier Public Services & Infrastructure ☒Inclusive & Responsive Government 12 of 240 13 of 240 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF MENDOTA HEIGHTS FOR NATURAL RESOURCE FOREST ENHANCEMENT ON THE RIVER TO RIVER REGIONAL GREENWAY WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, Dakota County (County) is a political subdivision of the State of Minnesota; and WHEREAS, the City of Mendota Heights (City) is a Minnesota municipal corporation (collectively herein the County, and the City are referred to as the “parties”); and WHEREAS, by Resolution No. 20-519 (October 20, 2020), the County Board adopted the River to River Greenway Natural Resources Management Plan (NRMP), which identified priorities for ecological restoration and enhancement areas on public lands within and outside the Greenway Corridor along the River to River Greenway Regional Trail (Trail) in Valley Park; and WHEREAS, the River to River Greenway NRMP identified cost-shares and roles associated with ecological restoration and enhancement on non-County lands; and WHEREAS, by Resolution No. 20-062 (January 21, 2020), Dakota County obtained State grant funds totaling $3,516,000 (Grant), in part for natural resource restoration and enhancement projects within and outside the Greenway Corridor; and WHEREAS, the County and the City desire to enter into this Agreement for the County and the City to equally share the grant match costs for ecological restoration and enhancement activities for the River to River Regional Greenway – Valley Park Forest Enhancement; (“Project”) more fully described in Exhibit 1 attached and incorporated herein by reference; and WHEREAS, the Grant requires a local match and both the City and County will contribute towards grant match; and WHEREAS, the County will contribute $10,000 towards the grant match, and WHEREAS, the City of Mendota Heights will contribute $10,000 and staff time for project management towards the grant match, and; WHEREAS, as part of incorporation of the Trail into a regional trail system, it is mutually desirable to transfer maintenance of the natural areas within the 200 ft-wide Greenway Corridor to the County as stipulated in a separate Supplemental Maintenance Agreement (SMA) upon completion of the Project. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and the City shall derive from this Joint Powers Agreement (“Agreement”), the parties hereby enter into this Agreement for the purposes stated herein. DocuSign Envelope ID: 3DEDE2EE-1ACF-4F3E-B938-9821F0E819FC 14 of 240 Dakota County Contract # DCA21293 2 ARTICLE 1 Purpose The purpose of this Agreement is to provide cooperation and funding by the County for grant match required by the Grant for the Project, and to define the responsibilities and obligations of the County and City for cost contribution and Project management. ARTICLE 2 Parties The parties to this Agreement are the City and County. County is acting by and through its Parks Department. City is acting by and through its Parks Department. ARTICLE 3 Term This Agreement shall be effective on the date of the signature of the last party to sign this Agreement (Effective Date) and expires on June 30, 2027 or upon completion by the parties of their respective obligations under this Agreement, whichever occurs first, unless amended in writing or earlier terminated by law or according to the provisions of this Agreement. ARTICLE 4 Cooperation The parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any disputes in an equitable and timely manner. ARTICLE 5 County’s Payment Obligation 5.1. County Contribution Amount for Grant Match. The County shall reimburse the City an amount not to exceed Ten Thousand Dollars and 00/100 ($10,000.00) for actual restoration and enhancement costs incurred for the Project. 5.2. Reimbursement. The County will reimburse City within forty-five (45) calendar days of the City’s submission of invoices for actual design, restoration and enhancement costs for the Project to the County. Invoices must be submitted in the form acceptable to the County. All requests for reimbursement must be submitted by June 30, 2026. The City must certify that the requested reimbursements are accurate, appropriate and that such expenditures have not been otherwise reimbursed. If the invoice is incorrect, defective, or otherwise improper, the County will notify the City within ten (10) calendar days of receiving the incorrect invoice. Upon receiving the corrected invoice from the City, the County will make payment within forty-five (45) calendar days. DocuSign Envelope ID: 3DEDE2EE-1ACF-4F3E-B938-9821F0E819FC 15 of 240 Dakota County Contract # DCA21293 3 5.3. Right to Refuse Payment. The County may refuse to pay any claim that is not specifically authorized by this Agreement. Payment of a claim shall not preclude the County from questioning the propriety of the claim. The County reserves the right to offset any overpayment or disallowance of claim by reducing future payments. 5.4. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the Project cost, scope or cost participation must be approved by the Authorized Representatives of both parties prior to execution of work. Both parties shall endeavor to provide timely approval of change orders and supplemental agreements so as not to delay construction operations. 5.5 Acknowledgment. The County shall appropriately acknowledge the assistance provided by the City pursuant to this Agreement in any promotional materials, signage, reports, publications, notices and presentations about the Project. ARTICLE 6 City’s Obligations 6.1. Lead Agency. The City is the lead agency for construction administration of the Project, effective upon execution of this Agreement by both parties. 6.2 Design and Bid Preparation. The City, or its agents or contractors, shall provide design for the Project, and prepare bid documents for the Project. The City will lead the final design, and shall be responsible for awarding contracts for the Project. The City will provide project design and management. 6.3 Authorized purpose. The funds provided under the terms of this Agreement may only be used by the City for the payment of costs directly related to the Project. 6.4. Acknowledgement. The City shall appropriately acknowledge the funding assistance provided by the County pursuant to this Agreement in any promotional materials, signage, reports, publications, notices and presentations concerning the Project. 6.5. Compliance with Laws/Standard. The City shall abide by all federal, state, or local laws, statutes, ordinances, rules and regulations related to the work anticipated by this Project. The City or contractor, if any, is responsible for obtaining and complying with all federal, state, or local permits, licenses, and authorizations necessary for performing the work. 6.6. Construction and Design Failures. Any failure related to restoration and enhancement work or design of the Project shall be addressed in the contracts with the restoration firm or professional services firm. DocuSign Envelope ID: 3DEDE2EE-1ACF-4F3E-B938-9821F0E819FC 16 of 240 Dakota County Contract # DCA21293 4 6.7. City Responsibility for Project Delivery. The City will be responsible for management and inspection of the work of the Project assuring it is in accordance with State laws and meets approved professional standards. The County will have no actual or implied legal responsibility to the City relating to the above obligations and responsibilities of the Project. 6.8 City Responsibility for Maintenance of Native Vegetation. The City will be responsible for the annual vegetation maintenance to retain the integrity of the native plantings within the Project outside the County Greenway Corridor according to the Supplemental Maintenance Agreement. ARTICLE 7 Indemnification Each party to this Agreement shall be solely liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the County and the City. Each Party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program and that each has minimum coverage consistent with liability limits contained in Minn. Stat. Ch. 466. If any claims or actions are filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. To insure a unified defense against any third-party liability claim arising from the work of the Project, City agrees to require all contractors or subcontractors hired to do any of the work contemplated by this Agreement to maintain commercial general liability insurance in amounts consistent with minimum limits of coverage established under Minn. Stat. § 466.04 during the term of such activity. All such insurance policies shall name City and County as additional insureds. City agrees to promptly provide County copies of any insurance policy related to this Agreement upon the County’s request. ARTICLE 8 Reporting, Accounting and Auditing Requirements 8.1. Accounting Records. The City agrees to establish and maintain accurate and complete accounts, financial records and supporting documents relating to the receipt and expenditure of the funding provided in accordance with this Agreement. Such accounts and records shall be kept and maintained by the City for a minimum period of six (6) years following the expiration of this Agreement. City agrees to promptly provide the County copies of any accounting records related to this Agreement upon the County’s request. 8.2. Auditing. The City shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the work performed pursuant to this Agreement. Upon request, the City shall allow the County, Legislative Auditor or the DocuSign Envelope ID: 3DEDE2EE-1ACF-4F3E-B938-9821F0E819FC 17 of 240 Dakota County Contract # DCA21293 5 State Auditor to inspect, audit, copy or abstract all books, records, papers or other documents relevant to this Agreement. The City shall use generally accepted accounting principles in the maintenance of such books and records, and shall retain all such books, records, documents and other evidence for a period of six (6) years from the date of the completion of the activities funded by this Agreement. 8.3. Data Practices. The City and County must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided, created, collected, received, stored, used, maintained or disseminated under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the City or County. ARTICLE 9 Authorized Representatives and Liaisons 9.1. Authorized Representatives. The following named persons are the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the Authorized Representatives shall have only authority specifically granted by their respective governing boards. Notice required to be provided pursuant this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification to this Agreement: TO THE COUNTY: Georg T. Fischer Physical Development Division Director 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE CITY: Cheryl Jacobson City Administrator 1101 Victoria Curve Mendota Heights, MN 55118 In addition, notification to the County regarding termination of this Agreement by the other Party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. 9.2. Liaisons. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the City. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: DocuSign Envelope ID: 3DEDE2EE-1ACF-4F3E-B938-9821F0E819FC 18 of 240 Dakota County Contract # DCA21293 6 County Liaison: Christian Klatt, Natural Resource Specialist Telephone: (952) 891-7947 Email: christian.klatt@co.dakota.mn.us City Liaison: Krista Spreiter, Natural Resource Coordinator Telephone: (651) 255-1123 Email: kspreiter@mendotaheightsmn.gov 9.3. Changes to Designated Liaisons or Authorized Representatives. The parties shall provide written notification to each other of any change to the designated liaison or authorized representative. Such written notification shall be effective to change the designated liaison or authorized representative under this Agreement, without necessitating an amendment of this Agreement. ARTICLE 10 Modifications Any material alterations, amendments, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties’ respective Boards, and signed by the Authorized Representatives of the County and the City. ARTICLE 11 Termination 11.1. In General. Either party may terminate this Agreement for cause by giving seven (7) calendar days written notice of its intent to terminate to the other party. Such Notice of Termination for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the Effective Date of termination. 11.2. Termination by Dakota County for Lack of Funding. Notwithstanding any provision of this Agreement to the contrary, Dakota County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if funding cannot be continued at a level sufficient to allow payments due under this Agreement or any contract or work orders of Invoices submitted. Written notice of termination sent by Dakota County to the City by facsimile is sufficient notice under this section. Dakota County is not obligated to pay for any services that are provided after written notice of termination for lack of funding. Dakota County will not be assessed any penalty of damages if the Agreement is terminated due to lack of funding. DocuSign Envelope ID: 3DEDE2EE-1ACF-4F3E-B938-9821F0E819FC 19 of 240 Dakota County Contract # DCA21293 7 ARTICLE 12 Minnesota Law to Govern This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement or its breach shall be venued in Dakota County, Minnesota. ARTICLE 13 Merger 13.1. Final Agreement. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. No other understanding regarding this Agreement, whether written or oral may be used to bind either party. 13.2. Incorporation. Exhibits 1 (including all Attachments or addenda) through and including Exhibit 2 are attached hereto, and all terms, obligations and conditions in said Exhibits are incorporated herein and made a part of this Contract. By signing this Contract, Contractor affirms and acknowledges receipt of all the above Exhibits (including all Attachments or Addenda). ARTICLE 14 Severability The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either Party. ARTICLE 15 Waiver If the County fails to enforce any provision of this Agreement, that failure shall not result in a waiver of the right to enforce the same or another provision of this Agreement. ARTICLE 16 Relationship of the Parties Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the County and the City, nor shall the County be considered or deemed to be an agent, representative or employee of the City in the performance of this Agreement. Personnel of the City or other persons while DocuSign Envelope ID: 3DEDE2EE-1ACF-4F3E-B938-9821F0E819FC 20 of 240 Dakota County Contract # DCA21293 8 engaging in the performance of this Agreement shall not be considered employees of the County and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. ARTICLE 17 DEFAULT: FORCE MAJEUER Neither party shall be liable to the other party for loss or damage resulting from delay or failure to perform due to unforeseeable acts or events outside the defaulting party’s reasonable control, provided the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, pandemic, acts of civil or military authority, and natural disasters. ARTICLE 18 Interpretation and Construction This Agreement was fully reviewed and negotiated by the Parties. Accordingly, the Parties agree the “against the offeror” principle of contract interpretation and construction shall not be applied to this Agreement. Any ambiguity, inconsistency, or question of interpretation or construction in this Agreement shall not be resolved strictly against the party that drafted the Agreement. It is the intent of the Parties that every section (including any subsection thereto), clause, term, provision, condition, and all other language used in this Agreement shall be constructed and construed so as to give its natural and ordinary meaning and effect. ARTICLE 19 Survivorship The following provisions under this Agreement shall survive after the termination or expiration of this Agreement: Article 5.5 and 6.4 (Acknowledgement); Article 7 (Indemnification); Article 8 (Reporting, Accounting and Auditing); Article 12 (Minnesota Law to Govern); Article 14 (Severability); Article 18 (Interpretation and Construction); and Article 19 (Survivorship). DocuSign Envelope ID: 3DEDE2EE-1ACF-4F3E-B938-9821F0E819FC 21 of 240 Dakota County Contract # DCA21293 9 IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date(s) indicated below. COUNTY OF DAKOTA By: Georg T. Fischer, Director Physical Development Division Date of Signature: CONTRACTOR (I represent and warrant that I am authorized by law to execute this contract and legally bind the Contractor.) By: Signature Title Date of Signature: Contract Number: DCA21293 APPROVED AS TO FORM: /s/ Karl-Christian Johannessen 2/2/24 Assistant Dakota County Attorney/Date KS-24-86 Dakota County Board Resolution: 23-598 DocuSign Envelope ID: 3DEDE2EE-1ACF-4F3E-B938-9821F0E819FC City Administrator 22 of 240 Dakota County Contract # DCA21293 Exhibit 1DocuSign Envelope ID: 3DEDE2EE-1ACF-4F3E-B938-9821F0E819FC 23 of 240 EXHIBIT 2 SUPPLEMENTAL MAINTENANCE AGREEMENT Upon completion of the Project specified in the Agreement, parties agree that maintenance responsibilities for Greenway area specified in map of the Exhibit 1 area will be divided as follows: •Dakota County will maintain at the County’s expense the vegetation within the GREENWAY CORRIDOR, defined as a 200 ft-wide Corridor centered on trail, inclusive of the bituminous surface and three-foot turf grass shoulder on either side of the path. •City of Mendota Heights will maintain at the City’s expense the native vegetation established as part of the restoration project outside the 200 ft GREENWAY CORRIDOR. •Either Party may collaborate to hire natural resource contractors to maintain vegetation within and outside the corridor simultaneously, with maintenance costs reimbursable as per each Party’s responsibility outlined above. •This Supplemental Maintenance Agreement may be modified as a working document as agreed upon by the two Parties independently from the Joint Powers Agreement. Recommended effective methods for the management of naturalized native planting areas include the following: •Prescribed burning of prairies, oak savannas, and oak woodlands •Cutting/mechanical removal of woody vegetation listed in Table 1, with herbicide stump application of exotic woody species •Mowing of exotic herbaceous vegetation to prevent seed production listed in Table 2 •Cutting or pulling of biennial or annual herbaceous vegetation listed in Table 2, and •Herbicide application for exotic perennial herbaceous vegetation listed in Table 2. Table 1 - List of Woody Species Designated for Removal SCIENTIFIC NAME COMMON NAME DISPOSITION Acer ginnala Amur maple Remove all Acer platanoides Norway maple Remove all Acer negundo Boxelder Reduce in control areas* Acer saccharinum Silver maple Reduce in control areas* Ailanthus altissima Tree-of-heaven Remove all Berberis thunbergii Japanese barberry Remove all Caragana arborescens Siberian peashrub Remove all Celastrus orbiculatus Oriental bittersweet Remove all Eleagnus angustifolia Russian olive Remove all Eleagnus umbellata Autumn olive Remove all Euonymus alatus Winged euonymus Remove all Frangula alnus Glossy buckthorn Remove all Fraxinus pennsylvanica Green ash Reduce in control areas* Juglans nigra Black walnut Reduce in control areas* Lonicera x bella Showy fly honeysuckle Remove all Lonicera morrowii Morrow’s honeysuckle Remove all Lonicera tatarica Tartarian honeysuckle Remove all DocuSign Envelope ID: 3DEDE2EE-1ACF-4F3E-B938-9821F0E819FC 24 of 240 Lonicera xylosteum European fly honeysuckle Remove all Morus alba White mulberry Remove all Populus alba White poplar, European poplar Remove all Populus deltoides Cottonwood Reduce in control areas* Rhamnus cathartica Common buckthorn Remove all Rhus spp. Sumac Reduce in control areas* Ribes spp. Gooseberry/currant Reduce in control areas* Rubus spp. Raspberry/blackberry Reduce in control areas* Robinia pseudoacacia Black locust Remove all Rosa multiflora Multiflora rose Remove all Sorbus aucuparia European mountain-ash Remove all Ulmus americana American elm Reduce in control areas* Ulmus pumila Siberian elm Remove all Zanothoxylum americanum Prickly ash Reduce in control areas* *Control areas include but are not limited to prairies, native plant demonstration areas, stormwater best management practices, and areas where woody succession should be minimized and/or managed for target plant communities as specified in the River to River Greenway Natural Resource Management Plan. These species should be controlled, but not eradicated. DocuSign Envelope ID: 3DEDE2EE-1ACF-4F3E-B938-9821F0E819FC 25 of 240 Table 2 - Herbaceous Exotic Species List SCIENTIFIC NAME COMMON NAME GROWTH HABIT DISPOSITION Alliaria petiolata Garlic mustard biennial Control aggressively Arctium minus Common burdock biennial Control aggressively Bromus inermis Smooth brome grass perennial Control aggressively Cardamine impatiens Narrowleaf bittercress biennial Control aggressively Carduus acanthoides Plumeless thistle biennial Control aggressively Carduus nutans Musk thistle biennial Control Centaurea stoebe ssp. micranthos Spotted knapweed biennial Control aggressively Cirsium arvense Canada thistle perennial Control aggressively Cirsium vulgare Bull thistle biennial Control Dactylis glomerata Orchard grass perennial Monitor. Control if necessary. Daucus carota Queen Anne’s lace biennial Control Echinochloa muricata Barnyard grass annual Control Elytrigia repens Quack grass perennial Monitor. Control if necessary. Euphorbia esula Leafy spurge perennial Control aggressively Fallopia japonica Japanese knotweed perennial Control aggressively Hesperis matronalis Dame’s rocket biennial Control aggressively Linaria vulgaris Common toadflax (Butter & eggs) perennial Control aggressively Lotus corniculatus Birds foot trefoil perennial Control Lythrum salicaria Purple loosestrife perennial Control aggressively Medicago sativa Alfalfa perennial Control Melilotus alba White sweet clover annual/biennial Control Melilotus officinalis Yellow sweet clover annual/biennial Control Pastinaca sativa Wild parsnip biennial Eradicate Phalaris arundinacea Reed canary grass perennial Control aggressively Phleum pratense Timothy perennial Monitor. Control if necessary. Phragmites australis ssp. australis Common Reed Grass, non-native subspecies perennial Eradicate Poa pratensis Kentucky bluegrass perennial Control Rumex crispus Curly dock perennial Control Saponaria officinalis Soapwort (Bouncing Bet) perennial Control aggressively Securigera varia Crown vetch perennial Control aggressively Setaria spp. Foxtail grasses annual Monitor. Control if necessary. Solanum dulcamara Bittersweet nightshade perennial Control aggressively DocuSign Envelope ID: 3DEDE2EE-1ACF-4F3E-B938-9821F0E819FC 26 of 240 Tanacetum vulgare Common tansy perennial Eradicate Torilis japonica Japanese hedge parsley biennial Eradicate Trifolium pratense Red clover perennial Control Trifolium repens White clover perennial Monitor. Control if necessary. Verbascum thapsus Mullein biennial Control This list may not be comprehensive. If more exotic invasive species are found on the site, effort will be made to control them. Some of these species should be controlled more aggressively than others, as indicated in each plant’s disposition. DocuSign Envelope ID: 3DEDE2EE-1ACF-4F3E-B938-9821F0E819FC 27 of 240 Certificate Of Completion Envelope Id: 3DEDE2EE1ACF4F3EB9389821F0E819FC Status: Sent Subject: Complete with DocuSign: City of Mendota Heights, Dakota County Contract #DCA21293.pdf Source Envelope: Document Pages: 14 Signatures: 0 Envelope Originator: Certificate Pages: 5 Initials: 0 Emilio Graulau III AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 1590 Highway 55 Hastings, MN 55033 emilio.graulau@co.dakota.mn.us IP Address: 47.232.57.77 Record Tracking Status: Original 2/2/2024 4:12:02 PM Holder: Emilio Graulau III emilio.graulau@co.dakota.mn.us Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Dakota County Location: DocuSign Signer Events Signature Timestamp Cheryl Jacobson cjacobson@mendotaheightsmn.gov City Administrator Security Level: Email, Account Authentication (None) Sent: 2/2/2024 4:15:34 PM Viewed: 2/5/2024 2:37:38 PM Electronic Record and Signature Disclosure: Accepted: 2/5/2024 2:37:38 PM ID: 6b9c6d81-981c-476a-9f13-42ce4899d35b In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Christian Klatt Christian.Klatt@co.dakota.mn.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Krista Spreiter kspreiter@mendotaheightsmn.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps 28 of 240 Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/2/2024 4:15:34 PM Certified Delivered Security Checked 2/5/2024 2:37:38 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 29 of 240 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Dakota County (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Dakota County: Electronic Record and Signature Disclosure created on: 2/22/2017 3:37:08 PM Parties agreed to: Cheryl Jacobson 30 of 240 You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: bruce.peters@co.dakota.mn.us To advise Dakota County of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at bruce.peters@co.dakota.mn.us and in the body of such request you must state: your previous e-mail address, your new e-mail address. 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By checking the 'I Agree' box, I confirm that: I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify Dakota County as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Dakota County during the course of my relationship with you. 32 of 240 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: March 6, 2024 AGENDA ITEM: Joint Powers Agreement with Dakota County for the Delaware Avenue Safe Routes to School Improvements from Mendota Road to Marie Avenue ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Engineering CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: Authorize a Joint Powers Agreement with Dakota County for the improvements along Delaware Avenue. BACKGROUND: Dakota County completed a study of all schools adjacent to a County Road or State Highway in 2021 following the death of student Patric Vitek. A Trail gap along Delaware Avenue was also identified in the 2018 Dakota County Pedestrian & Bicycle Study. Both studies showed improvements to Delaware Avenue were necessary. Dakota County and Kimley Horn developed concept designs and held two open house meetings. Based on feedback received, the attached concept was the preferred option due to its minimal impact to residential property and natural resources. The proposed design would construct a trail along the West St. Paul side of Delaware Avenue, provide turn lanes and a pedestrian refuge median. The Mendota Heights trail would be shifted to align with the proposed changes. FISCAL AND RESOURCE IMPACT: The Dakota County cost share policy would require a split of costs to be allocated at 85 percent to the County and 15 percent to the cities. Since this is a border with West St. Paul, Mendota Heights would have a 7.5 percent local match requirement. This project is eligible to be funded through the Municipal State Aid Account. The engineers estimate on the project was $1,429,060 and the low bid received was $1,322,057. Dakota County received a federal grant of $600,000 for the project. The indirect costs are estimated at 6d33 of 240 $260,337. The Mendota Heights share of the project and indirect costs is estimated to be $80,000. There are sufficient funds in the Municipal State Aid account for this expenditure. ATTACHMENTS: Map of Proposed Improvements Joint Powers Agreement CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☒Inclusive and Responsive Government 34 of 240 35 of 240 Dakota County Contract #XXXXXXXX JOINT POWERS AGREEMENT FOR DESIGN ENGINEERING, RIGHT-OF-WAY, CONSTRUCTION, MAINTENANCE, AND COST PARTICIPATION BETWEEN THE COUNTY OF DAKOTA, THE CITY OF MENDOTA HEIGHTS, AND, THE CITY OF WEST ST. PAUL FOR DAKOTA COUNTY PROJECT NO. 63-32 MENDOTA HEIGHTS PROJECT NO. 202307 WEST ST. PAUL PROJECT NO. 24-3 SYNOPSIS: Dakota County, the City of Mendota Heights and the City of West St. Paul agree to design engineering, right-of-way acquisition, construction, ongoing maintenance, and cost share of the Delaware Avenue Trail Gap and School Safety Project along County State Aid Highway (CSAH) 63 between Mendota Road and Marie Avenue along the border of West St. Paul and Mendota Heights. The project will construct trail along the east side of Delaware Avenue, reconfigure the roadway from a 3-lane to a 2-lane section, and add an enhanced pedestrian crossing near Two Rivers High School. The project is to be constructed in 2024. 36 of 240 Dakota County Contract #xxxxxxx CP 63-32 Date Page | 2 THIS JOINT POWERS AGREEMENT (“Agreement”), is made and entered into by and between the County of Dakota ("County"), a political subdivision of the State of Minnesota, and the Cities of Mendota Heights and West St. Paul (“Cities”), municipal corporations existing under the laws of the State of Minnesota, hereafter collectively referred to as “Parties”, and witnesses the following: WHEREAS, under Minnesota Statutes sections 162.17, subd. 1 and 471.59, subd. 1, two or more governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, to provide a safe and efficient transportation system, the County and the Cities are proceeding with County Project 63-32, Mendota Heights Project 202307, and West St. Paul Project 24-3 (collectively, the “Project”); and WHEREAS, the purpose and need for the Project is to improve multi-modal safety and accessibility for students and community members along Delaware Avenue between Mendota Road and Marie Avenue in the area of Two Rivers High School. (the “Project”); and WHEREAS, to address this purpose and need, the Project will construct trail along the east side of CSAH 63 (Delaware Avenue), reconfigure the roadway from a 3-lane to a 2-lane section, and add an enhanced pedestrian crossing near Two Rivers High School; and. WHEREAS, to more efficiently deliver the Project, the County and the Cities mutually desire to partner with one another in exercising their joint powers to complete preliminary and final design, right-of-way acquisition, construction, administration, and maintenance of the Project, as well as to determine each parties’ respective share of Project costs; and NOW, THEREFORE, it is agreed the County and Cities will share Project responsibilities as detailed in this Agreement and, in accordance with the County’s adopted cost share policy, jointly participate in Project costs as set forth herein. The above recitals are incorporated by reference and are made a part hereof as if fully set forth below. 37 of 240 Dakota County Contract #xxxxxxx CP 63-32 Date Page | 3 1.Project Administration. The County shall be the lead agency for design, right-of-way acquisition, construction, construction administration, and maintenance of the Project. Subject to the requirements below, the County and each City shall retain final decision- making authority within their respective jurisdictions. 2. Engineering. Engineering costs shall include the cost of preparing preliminary/final designs, plans, specifications and proposals, surveying, mapping, consultant engineering, right-of-way mapping, construction engineering, construction management, construction inspection and all related materials testing, including the cost of County and City staff time, as well as the cost of facilitating public and/or third- party agency involvement. 3.Cost Share. After application of all applicable cost sharing provisions of this Agreement and Dakota County 2040 Transportation Plan cost sharing polices F.1 through F.19 the County will participate in the Project as defined below after deducting federal and state cost participation amounts. The County will provide funding for the Project in accordance with the adopted cost participation policy F.1, Table 4 for Replacement and Modernization, which includes improvements for turn lanes, medians, trails, sidewalks, and pedestrian crossing lighting. The Project received $600,000 in federal Safe Routes to School Funds that will be applied to the overall construction costs per the Dakota County 2040 Transportation Plan policy. The County will participate 85 percent for Engineering Costs and right-of-way acquisition and the Cities shall each participate 7.5 percent. The County will participate 85 percent for construction costs for the trail gap, crossing median, left turn lane for Two Rivers High School and roadway modifications, and the Cities shall each participate 15 percent of the construction costs within each respective cities’ municipal borders. The County will participate 100 percent for costs associated with the mill and overlay of pavement in the project area. The estimated Project costs and representative cost split are included as Attachment A to this agreement. All costs associated with the Project shall be based on actual costs at the time of construction. 38 of 240 Dakota County Contract #xxxxxxx CP 63-32 Date Page | 4 4. Non-Project Costs. The Cities may elect to perform concurrent work outside what is necessary to complete the Project, such as utility servicing, improving adjacent streets, and aesthetic enhancements. The Cities shall be responsible for 100% of these costs. 5.Construction. Construction costs shall include all highway and roadway construction items, including removals; mobilization and traffic control, temporary widening or other measures if required as part of traffic control or project staging; mitigation as required by state and federal permits including accessibility requirements; replacement or restoration of fences, landscaping and driveways when affected by construction; replacement or adjustment of sanitary sewer, water and storm sewer systems, if required due to construction; wetland mitigation and banking; and all other construction aspects outlined in the plan except for elements as called out under this Agreement or County policies included in the current adopted Dakota County Transportation. 6.Street Lighting, Trail Lighting and Maintenance Costs. Upon completion of the Project, electrical power necessary for the operation of the streetlights (including roundabout lighting, trail lighting and underpass lighting) and maintenance of the streetlights will be provided in accordance with County policies included in the current adopted 2040 Dakota County Transportation Plan policy F.17 Street Lighting Maintenance. 7.Right-of-Way. Right-of-way acquisition only from Independent School District 197 was identified as part of the final design of the Project. For any easements necessary for completion of the Project during construction, the County, as the lead agency, will undertake all actions necessary to acquire, including but not limited to, temporary highway right-of-way, wetland damage mitigation and banking, drainage and ponding, and water pollution control best management practices for the Project. The costs of acquiring any necessary right-of-way for the Project, shall be shared based on the County’s and City’s share of the final construction costs in accordance with the current Dakota County Transportation Plan and Cost Participation policy F.3 Right-of-Way. 39 of 240 Dakota County Contract #xxxxxxx CP 63-32 Date Page | 5 If necessary, the Cities shall convey to the County, at no cost, all necessary permanent highway and temporary easements, on forms approved by the County Attorney’s office, on all adjacent City-controlled real property for Project purposes. Additionally, if necessary, the Cities shall convey rights to the County, at no cost, all public easements and rights-of-way necessary for Project purposes, including the right to grade within drainage and utility easements as necessary. 8.Plans, Specifications and Award of Contract. The County will prepare plans and specifications consistent with County and Cities’ design standards, State-Aid design standards and MnDOT standards and specifications. The parties’ mutual concurrence with the plans and specifications is required prior to advertising for bids. Within 7 days of opening bids for the construction contract, the lead agency shall submit a copy of the low bid and an abstract of all bids together with the request for concurrence by the State in the award of the construction contract to the lowest responsible bidder. The lead agency may award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. If a bid is not awarded, this Agreement shall terminate for the specific project that is not awarded, and all costs incurred as of the date of termination shall be apportioned in accordance with the terms of this Agreement. The contract construction shall be performed in accordance with approved plans, specifications and special provisions which are made a part hereof by reference with the same force and effect as though fully set forth herein. 9.Construction Standards. All construction, including traffic control, shall be accomplished in accordance with applicable State Aid, County and Cities’ standards, specifications, and policies to the satisfaction of the County and Cities. The County and Cities reserve the right to inspect construction materials and methods as needed. 10.Project Cost Updates. The lead agency must provide updated cost estimates showing the County and Cities’ shares of Project costs annually at the time of Capital Improvement Program development. Updated cost estimates will also be provided by the lead agency at the following times: •prior to approval of the appraised values for any necessary right-of-way acquisitions; 40 of 240 Dakota County Contract #xxxxxxx CP 63-32 Date Page | 6 •prior to advertising a construction contract; •after bid opening (prior to contract award); •during construction if total contract changes exceed $25,000; •once per year following the construction season until the Project is complete. Project cost estimate updates include actual and estimated costs for engineering, right-of-way acquisition, utility relocation, construction, and administration. The Parties acknowledge that Project cost estimates are subject to numerous variables causing the estimates to be subject to change and the updates are provided for informational purposes in good faith. Each agency is responsible for informing their respective council or board regarding Project costs estimates. 11.Payment. The County shall administer the contract and act as the paying agent for all payments to the selected contractor. Payments to the selected contractor will be made as Project work progresses and when certified by the County Engineer. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this Agreement upon receipt or within a maximum of 35 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any outstanding amount will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 12.Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect any of the Project’s cost participation must be approved by the authorized representative of each party prior to execution of work. The Cities’ appointed representative are Ryan Ruzek (Mendota Heights) and Ross Beckwith (West St. Paul), and the County’s appointed representative is Erin Laberee, or their successors. The Parties shall endeavor to provide timely approval of change orders and supplemental agreements so as not to delay construction operations. 41 of 240 Dakota County Contract #xxxxxxx CP 63-32 Date Page | 7 13.Amendments. Any amendments to this Agreement will be effective only after approval by each governing body and execution of a written amendment document by duly authorized officials of each body. 14.Effective Dates for Design and Construction of Project. This Agreement will be effective upon execution by duly authorized officials of each governing body and shall continue in effect until all work to be carried out in accordance with this Agreement has been completed. Absent an amendment, however, in no event will this Agreement continue in effect after December 31, 2025. 15.Final Acceptance. Final completion of the Project must be approved by both the County and the Cities. 16.Pavement Maintenance. Upon acceptance of the Project, the Cities shall be responsible for all pavement maintenance within each Cities’ right-of-way. The County shall be responsible for all pavement maintenance within County-owned right-of-way unless necessitated by a failure of a City utility system or installation of new City- owned facilities. 17.Drainage Area and Stormwater or Drainage Facilities Maintenance. Upon final acceptance of the Project, maintenance of any drainage areas and any stormwater or drainage facilities shall be provided in accordance with the current County and City Maintenance Agreement. 18.Subsequent Excavation. After completion of the Project, and after expiration of the warranty period regarding repair, if excavation within the County right-of-way is necessary to repair or install water, sanitary sewer, or other City utilities, the City shall apply for a permit from the County and shall be responsible to restore the excavated area and road surface to substantially the condition at the time of disturbance. If the City employs its own contractor for the above-described water, sewer or other utility repair or installation, the City shall hold the County harmless from any and all liability incurred due to the repair or installation of said water, sewer or other municipal utility including, but not limited to, the costs of repair as well as liability to third parties injured 42 of 240 Dakota County Contract #xxxxxxx CP 63-32 Date Page | 8 or damaged as a result of the work. If the City fails to have the highway properly restored, the County Engineer may have the work done and the City shall pay for the work within 35 days following receipt of a written claim by the County. 19.Rules and Regulations. The County and the Cities shall abide by Minnesota Department of Transportation standard specifications, rules, and contract administration procedures unless amended by the contract specifications. 20.Indemnification. The County agrees to defend, indemnify, and hold harmless the Cities against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents. The Cities agree to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement for which the Cities are responsible, including future operation and maintenance of facilities owned by the Cities and caused by or resulting from negligent acts or omissions of the Cities and/or those of City employees or agents. All parties to this agreement recognize that liability for any claims arising under this agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against any party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. The County shall include the Cities as additional insured in the contract documents. 21.Employees of Parties. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the Cities, for any purpose, including Worker’s Compensation, and any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of the County’s employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the Cities. Any and all persons engaged in the work to be performed by the Cities shall not be considered employees of the County for any purpose, including Worker’s Compensation, and any and all claims that 43 of 240 Dakota County Contract #xxxxxxx CP 63-32 Date Page | 9 may or might arise out of said employment context on behalf of said employee while so engaged. Any and all claims made by any third party as a consequence of any act or omissions of the part of the Cities’ employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County. 22.Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the Cities relevant to this Agreement are subject to examination by the County or the Cities and either the Legislative Auditor or the State Auditor as appropriate. The County and the Cities agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 23.Integration and Continuing Effect. The entire and integrated agreement of the Parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the Cities and the County regarding the Project; whether written or oral. All agreements for future maintenance or cost responsibilities shall survive and continue in full force and effect in accordance with the Dakota County Transportation Plan after completion of the construction provided for in this Agreement. 24.Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: COUNTY OF DAKOTA Erin Laberee, Dakota County Engineer (or successor) 14955 Galaxie Ave. Apple Valley, MN 55124 Office: (952) 891-7100 Erin.Laberee@co.dakota. mn.us CITY OF MENDOTA HEIGHTS Ryan Ruzek Public Works Director (or successor) 1101 Victoria Curve Mendota Heights, MN 55118 Office: (651) 255-1152 rruzek@mendotaheights.gov CITY OF WEST ST. PAUL Ross Beckwith Public Works Director/City Engineer (or successor) 1616 Humboldt Ave West St. Paul, MN 55118 Office: (651) 552-4130 rbeckwith@wspmn.gov All notices or communications required or permitted by this Agreement shall be either hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either 44 of 240 Dakota County Contract #xxxxxxx CP 63-32 Date Page | 10 party may change its address by written notice to the other party. Mailed notice shall be deemed complete two business days after the date of mailing. [SIGNATURE PAGES TO FOLLOW] 45 of 240 Dakota County Contract #xxxxxxx CP 63-32 Date Page | 11 IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly authorized officials. CITY OF MENDOTA HEIGHTS RECOMMENDED FOR APPROVAL: By By Public Works Director, Ryan Ruzek Mayor, Stephanie Levine (SEAL) By City Clerk, Nancy Bauer Date: 46 of 240 Dakota County Contract #xxxxxxx CP 63-32 Date Page | 12 IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly authorized officials. CITY OF WEST ST PAUL RECOMMENDED FOR APPROVAL: By By Public Works Director/City Engineer, Ross Beckwith Mayor, Dave Napier (SEAL) By City Clerk, Nicole Tillander Date: 47 of 240 Dakota County Contract #xxxxxxx CP 63-32 Date Page | 13 COUNTY OF DAKOTA RECOMMENDED FOR APPROVAL: __________________________ By: __ County Engineer Physical Development Director Date: APPROVED AS TO FORM: Assistant County Attorney Date COUNTY BOARD RESOLUTION KS-_____________ No. _ 24-070__ Date: ___2/6/2024___ 48 of 240 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: March 6, 2024 AGENDA ITEM: Transfer of Funds to the Lower Mississippi River Watershed Management Organization for PCB and Contaminants of Concern Investigation ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Engineering CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: Authorize a transfer of funds to the Lower Mississippi Watershed Management Organization (LMRWMO) for investigating Polychlorinated Biphenyls (PCB) and other contaminants of concern. BACKGROUND: In 2023, Mendota Heights and every other Phase 1 and 2 National Pollutant Discharge Elimination System permittee received a portion of a Monsanto Company settlement, if the community bordered a known PCB impaired waterbody. The standard amount received by communities was approximately $17,000. The LMRWMO is proposing that these funds be used to test water bodies, fish tissue, and lake sediment within the watershed boundary for PCB and other contaminants of concern. The proposed scope of work outline is: •Investigate the extent of existing information related to contaminants of concern within LMRWMO waterbodies. •Establish priorities for monitoring/investigation based on recreation and human health concerns for LMRWMO priority waterbodies. Lake priority shown below is from the LMRWMO Plan andcould include: Priority 1A - Mississippi River, Lake Augusta, Thompson Lake, Rogers Lake, Seidls Lake, Priority 1B and Priority 2 - Sunfish Lake, Hornbeam Lake, Simley Lake, and Lemay Lake. •Perform monitoring of prioritized LMRWMO waterbodies for PCBs, PFOS/PFOA, PAH, and other potential and related contaminants of human health concern. •Target investigation to fish tissue, water, or lake sediment monitoring based on the appropriate contaminant of concern. •Provide a report summarizing the results of the investigation and specific next steps, if any, for each waterbody, to share with the LMRWMO and Member Cities. 6e49 of 240 FISCAL AND RESOURCE IMPACT: The LMRWMO is requesting $8,500 or approximately half of the settlement amount to begin the investigation. The received funds were deposited into the Storm Water Utility Fund. Depending on the results of the investigation, the remaining funds may also be requested towards these efforts in the future. ATTACHMENTS: LMRWMO Letter of Request CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship ☐Premier Public Services & Infrastructure ☐Inclusive and Responsive Government 50 of 240 February 21, 2024 Ryan Ruzek – Public Works Director City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: Request to Support PCB and other Contaminants of Concern Investigation Dear Ryan, The Lower Mississippi River Watershed Management Organization (LMRWMO) was notified in July of 2023 of a settlement between the Monsanto Company and the US District Court for the Central District of California. This settlement determined that a payment of approximately $17,000 be given to any NPDES Phase 1 and 2 City within a watershed that contains or adjoins a PCB impaired waterbody. It is our understanding that all seven of the LMRWMO Member Cities received this payment. This included the City of Mendota Heights, as well as the other six LMRWMO member Cities, who all received a check for $17,000 in mid-2023. The LMRWMO Board believes PCBs and other related contaminants pose a threat to humans as a potential carcinogen as well as to wildlife with their accumulated presence of contaminants in waterbodies, fish tissue, or lake sediment. This windfall of funds as a great opportunity to determine the potential presence and impact of PCBs and other related contaminants of concern in LMRWMO waterbodies. To that end, the LMRWMO Board officially acted at its November 8th, 2023 Board meeting to request the use of the settlement funds from LMRWMO Member Cities for a joint study. The funds from Mendota Heights would be combined with all LMRWMO Member City contributions for a specific “PCB and other Contaminants of Concern Investigation and Study” on priority LMRWMO waterbodies. This project is a unique initiative to benefit the residents of the LMRWMO and further understand the extent of these contaminants of concern in our waterbodies. To accomplish such an effort, the LMRWMO is proposing the following general scope of work. This would be modified as necessary depending on the amount of pooled funds available. The work could occur in 2024 or 2025 (or both). DRAFT PCB and other Contaminants of Concern Investigation and Study Scope of Work •Investigate the extent of existing information related to contaminants of concern within LMRWMO waterbodies. •Establish priorities for monitoring/investigation based on recreation and human health concerns for LMRWMO priority waterbodies. Lake priority shown below is from the LMRWMO Plan and could include: o Priority 1A - Mississippi River, Lake Augusta, Thompson Lake, Rogers Lake, Seidls Lake 51 of 240 LMRWMO ADMINISTRATOR 4100 220TH ST. WEST, SUITE 102 (651)480-7784 FARMINGTON, MN 55024 WWW.LMRWMO.ORG o Priority 1B and Priority 2 - Sunfish Lake, Hornbeam Lake, Simley Lake, Lemay Lake •Perform monitoring of prioritized LMRWMO waterbodies for PCBs, PFOS/PFOA, PAH, and other potential and related contaminants of human health concern. •Target investigation to fish tissue, water, or lake sediment monitoring based on the appropriate contaminant of concern. •Provide a report summarizing the results of the investigation and specific next steps, if any, for each waterbody, to share with the LMRWMO and Member Cities. We greatly appreciate the City of Mendota Heights considering providing a portion of the $17,000 received towards this effort. A contribution of $8,500 from each member City (half of the settlement) would go far in accomplishing this joint project. If helpful, I am available to talk or present to the City Council if it will help in this request. Thank you for your ongoing efforts to protect the water resources of the LMRWMO and please contact me at my cell with any questions at (952) 212-2266 or email at joe.barten@co.dakota.mn.us. Sincerely, Joe Barten Administrator, Lower Mississippi River WMO Attached: 2023 League of MN Cities Letter on Settlement Additional Information: PCB Class Action Lawsuit Website MN Dept of Health – Contaminants and MN Fish 52 of 240 4/24/23, 3:05 PM Cities Receive Checks From Monsanto Settlement - League of Minnesota Cities https://www.lmc.org/news-publications/news/all/cities-receive-checks-from-monsanto-settlement/1/2 Cities Receive Checks From Monsanto Settlement April 24, 2023 The checks are legitimate and intended as compensation for potentially unnecessary testing and mitigation efforts. Minnesota cities and counties are beginning to receive sizable checks from a Monsanto Class Action Settlement. Cities should rest assured that these checks — for approximately $17,000, $27,000, or $32,000 — are legitimate. They are intended as compensation for testing and mitigation efforts, which might not have been necessary if not for the actions of the Class Action Defendant. Class action lawsuit details Not too long ago, several large and mostly West Coast cities sued Monsanto for manufacturing a class of industrial chemicals called polychlorinated biphenyls (PCBs), which were released into the environment between the 1930s and 1977. By early 2022, a class action lawsuit was established: City of Long Beach v. Monsanto Co., Case No. 2:16-CV-03493-FMO-AS (C.D. Ca.). The suit alleged various causes of action against Monsanto for PCB-related impairments to the environment, including to water bodies. The cities alleged that PCBs were present at sites and public properties, including in stormwater, stormwater and wastewater systems, water bodies, sediment, natural resources, fish, and wildlife. Members of the certified class include government subdivisions that are covered under MS4 (municipal separate storm-sewer system) permits in the drainage areas of or near to specific types of or listed water bodies. A notice was mailed to potential class members around the end of March 2022. As this was an opt-out class action, any potential members of the class that wanted to pursue the causes of action on their own had to opt out by July 25, 2022. View the court-approved notice sent to potential class members (pdf) Settlement payments During the week of April 17, all members of the class automatically received a payment from a portion of the settlement called the “Monitoring Fund.” This included many government subdivisions in Minnesota. In addition to consideration for release from claims, the payment is intended to compensate for “PCB sampling and/or any other mitigation efforts in the Settlement Class Memberʼs sole discretion, as part of compliance with applicable law.” All class members within Minnesota should be aware, this is the only money they will receive automatically from the settlement. View a list of government subdivisions in Minnesota that received settlement payments (pdf) 53 of 240 4/24/23, 3:05 PM Cities Receive Checks From Monsanto Settlement - League of Minnesota Cities https://www.lmc.org/news-publications/news/all/cities-receive-checks-from-monsanto-settlement/2/2 Finally, class members should know there is one more opportunity for additional funding but only for special cases. The settlement includes a “Special Needs Fund” set aside to address “a significant regional, state, or national benefit, cost, or contribution” regarding bodies of water “impaired by PCBs through stormwater and/or dry weather runoff.” A special master has been appointed to receive and evaluate applications to this fund. Cities seeking to apply to the Special Needs Fund must do so within one year and 14 days of the date the Monitoring Fund checks were mailed. Apply to the Monsanto Class Action Settlement Special Needs Fund View the settlement website for more information Read more news articles Your LMC Resource Edward Cadman Associate General Counsel (651) 281-1229 or (800) 925-1122 ecadman@lmc.org 54 of 240 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: March 6, 2024 AGENDA ITEM: SCADA System and Lift Station Panels ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Public Works CONTACT: John Boland, Public Works Superintendent ACTION REQUEST: Award a contract to Total Control Systems Inc. in the amount of $106,993 for equipment and installation of a Supervisory Control and Data Acquisition (SCADA) System and two lift station panels, and a contract to Total Construction for $19,900 for the installation of the two panels at the Culligan Lane and 987 Mendota Heights Road lift stations. BACKGROUND: In preparation for the 2023 budget, staff received quotes for the implementation of a SCADA system and two new lift station panels. This project has taken longer than expected to implement with the coordination of an electrical contractor, the new SCADA system contractor, and the IT contractor, but is now ready to move forward. The City has six sewage lift stations, one storm lift station, and performs maintenance at the one lift station for the City of Lilydale. The lift station panel on Mendota Heights Road near St. Thomas Academy was installed in 1986 and the panel on the Culligan Lane was installed in 1980. Both of these panels need to be replaced. Presently, the city lift stations do not have stored data capability or remote access. Staff has been researching a new SCADA system that will tie the lift stations into the cities computer network. Staff reviewed different systems with the city IT contractor, LOGIS. Total Control Systems was one supplier that is widely used with LOGIS and other municipalities, and is recommended as the preferred system for use in Mendota Heights. SCADA systems have many benefits with Lift Stations: 6f55 of 240 •Reduced liability to the utility (in terms of wastewater leakage/flooding) •Fewer equipment repair costs, thanks to early detection and automated diagnosis •Better use of utility personnel time and resources, through reduced frequencies of inspections andmaintenance visits to remote lift stations •Data stored indefinitely at the database server locations for review and use by the utility at a laterdate •Availability of historical data to help plan upgrades to lift station equipment and capacity •Minimal capital and ongoing maintenance costs FISCAL AND RESOURCE IMPACT: In the 2023 sanitary sewer budget, there was $120,000 set aside for this project. The total cost for this project is $126,893. Staff proposes to add the remaining four lift stations in the near future. The remaining lift stations have had control panel replacements which included space for a SCADA installation. The cost per lift station in the future is estimated to be $12,000 each. ATTACHMENTS: None CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government 56 of 240 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: March 6, 2024 AGENDA ITEM: January 2024 Fire Synopsis ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Fire CONTACT: Assistant Fire Chief Scott Goldenstein ACTION REQUEST: Acknowledge the attached January 2024 Fire Synopsis BACKGROUND: This Fire Synopsis is for your information. FISCAL AND RESOURCE IMPACT: None ATTACHMENTS: January 2024 Fire Synopsis CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government 6g57 of 240 January 2024 Fire Synopsis Fire Calls: 22 For January 2024, the Fire Department was paged for service a total of 22 times. Types of calls: Fires: 1 The Mendota Heights Fire Department was dispatched to and extinguished one vehicle fire in January. Medical/Extrication: 5 There were five medical related calls in the month of January. Hazardous Situations: 3 Three fire calls in January included two natural gas investigations and one carbon monoxide investigation. False Alarms/System Malfunctions: 4 Four calls ended up being coded as false alarms - two calls due to system malfunctions, one call due to an unintentional trip, and one call was coded as a false alarm other. Good Intent: 1 Mendota Heights Fire responded to a call that came in as a trash fire but in fact was a propane heater that was thawing the ground. Dispatched and Cancelled En route: 4 Four calls were cancelled before Mendota Heights Fire personnel arrived in January. Mutual/Auto-Aid Other: 4 January had the department paged out to four mutual/auto aid calls. Those calls consisted of two in West Saint Paul and two in Inver Grove Heights. January Trainings January 8 18:30 Triage Mass Casualty (Option 1) Mandatory This drill had three stations dedicated to skills associated with the triaging of patients in mass casualty incidents. In particular, quickly prioritizing their injuries and getting the Mendota Heights 15 calls Lilydale 2 calls Mendota 0 call(s) Sunfish Lake 1 call(s) Other 4 calls 58 of 240 victims to safety and to the proper area for further treatment. In addition, one station was dedicated to updating skills with EMS medical equipment that would potentially be used in a mass casualty incident. January 11 07:00 Triage Mass Casualty (Option 2) Mandatory This drill had three stations dedicated to skills associated with the triaging of patients in mass casualty incidents. In particular, quickly prioritizing their injuries and getting the victims to safety and to the proper area for further treatment. In addition, one station was dedicated to updating skills with EMS medical equipment that would potentially be used in a mass casualty incident. January 20 08:00 Tabletop scenarios (Option 1) Elective This drill consisted of multiple scenarios where a firefighter is presented with a photo of an emergency situation. The firefighter then proceeds to do a size up of the situation, assess the hazards, give initial crew assignments, then request and assign tasks to additional units as they arrive on scene. January 23 07:00 Tabletop scenarios (Option 2) Elective This drill consisted of multiple scenarios where a firefighter is presented with a photo of an emergency situation. The firefighter then proceeds to do a size up of the situation, assess the hazards, give initial crew assignments, then request and assign tasks to additional units as they arrive on scene. January 24 18:30 Triage Mass Casualty (Option 3) Mandatory This drill had three stations dedicated to skills associated with the triaging of patients in mass casualty incidents. In particular, quickly prioritizing their injuries and getting the victims to safety and to the proper area for further treatment. In addition, one station was dedicated to updating skills with EMS medical equipment that would potentially be used in a mass casualty incident. January 31 18:00 EMS (Option A) This drill is part A of a four-part refresher for maintaining EMR (Emergency Medical Responder) certification. These four sections must be completed every two years. All firefighters are required to attain this training (or above) and maintain the appropriate medical certification. 59 of 240 Number of Calls 22 Total Calls for Year 22 FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE ACTUAL FIRES Structure - MH Commercial $0 Structure - MH Residential $0 Structure - Contract Areas $0 Cooking Fire - confined $0 Vehicle - MH 1 $5,000 $5,000 Vehicle - Contract Areas $0 Grass/Brush/No Value MH Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES Other Fire OVERPRESSURE RUPTURE $5,000 $0 $0 Overpressure, rupture, explosion MEDICAL Emergency Medical/Assist 4 Vehicle accident w/injuries Extrication ALL FIRES, ALL AREAS (MONTH)$5,000 Medical, other 1 HAZARDOUS SITUATION $5,000 Spills/Leaks 1 Carbon Monoxide Incident $0 Power line down Arcing, shorting $5,000 Hazardous, Other 2 SERVICE CALL Smoke or odor removal $0 Assist Police or other agency Public Service GOOD INTENT Good Intent 1 Dispatched & Cancelled 4 Current To Date Last Year Smoke Scare 15 15 24 HazMat release investigation 2 2 1 Good Intent, Other 0 0 1 FALSE ALARMS 1 1 1 False Alarm 4 4 4 Malfunction 2 Unintentional 1 Total:22 22 31 False Alarm, other 1 MUTUAL AID 4 FIRE MARSHAL'S TIME FOR MONTH Total Calls 22 Inspections Investigations WORK PERFORMED Hours To Date Last Year Re-Inspection Fire Calls 262 262 423 Meetings 42 42 37 Meetings Training 426.5 426.5 290 Special Activity 11 11 13 Administration Fire Marshal 0 0 Plan Review/Training TOTALS 741.5 741.5 763 TOTAL:0 Mendota Heights Only Structure/Contents Mendota Heights Only Miscellaneous Mendota Heights Total Loss to Date Contract Areas Loss to Date Other FIRE LOSS TOTALS LOCATION OF FIRE ALARMS Lilydale Mendota MENDOTA HEIGHTS FIRE DEPARTMENT JANUARY 2024 MONTHLY REPORT Mendota Heights Sunfish Lake 60 of 240 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: March 6, 2024 AGENDA ITEM: Firefighter Dave Winge Retirement ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Fire CONTACT: Fire Chief Dave Dreelan ACTION REQUEST: Accept the retirement of Firefighter David Winge from the Mendota Heights Fire Department. BACKGROUND: Firefighter David Winge announced his retirement from the Mendota Heights Fire Department effective February 22, 2024. Firefighter Winge has been a Mendota Heights Firefighter for 10 years. FISCAL AND RESOURCE IMPACT: None ATTACHMENTS: None CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government 6h61 of 240 62 of 240 _________________________________________________ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: March 6, 2024 AGENDA ITEM: Purchase Order for Concrete Work at the Par 3 Community Golf Course ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Parks and Recreation CONTACT: Meredith Lawrence, Parks and Recreation Manager Ryan Ruzek, Public Works Director ACTION REQUEST: Authorize a purchase order for concrete work at the Mendota Heights Par 3 Community Golf Course—Clubhouse Entrance by Kirchner Contracting for a not to exceed amount of $16,550. BACKGROUND: During a League of Minnesota Cities Loss Prevention Inspection, safety hazards in relation to the Par 3 sidewalk entrance on the East side of the clubhouse building were noted. The Public Works Director and Senior Engineering Technician conducted a review of the sidewalk and agreed that it is unsafe and does not meet ADA requirements. Staff solicited quotes for the project that included the following project scope: •Remove and dispose of 155 square feet of concrete, remove and dispose of 990 square feet of sod for new landscape and vegetation area, and install 310 square feet of new concrete walk •Add an additional 150 square feet of concrete walk to meet ADA requirements •Install 360 square feet of new concrete sidewalk to replace gravel path from the southern sidewalk to the new sidewalk Staff obtained two quotes for the project as follows: •Kirchner Contracting: $16,550 •JWS Construction: $19,112 If approved, Kirchner Contracting anticipates completing this project by late-April or early-May of 2024. 6i63 of 240 FISCAL AND RESOURCE IMPACT: The 2023 budget included $25,000 for this project. The balance in the Par 3 fund at the end of 2023 was approximately $115,000; which is sufficient to cover the $16,550 expenditure. ATTACHMENTS: None CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship☒Premier Public Services & Infrastructure ☐Inclusive & Responsive Government 64 of 240 _________________________________________________ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: March 6, 2024 AGENDA ITEM: TRAA Request for Portable Pitching Mounds ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Parks and Recreation CONTACT: Meredith Lawrence, Parks and Recreation Manager ACTION REQUEST: Approve a request from the Two Rivers Athletic Association (TRAA) for the City to purchase portable pitching mounds in the amount of $1,800 from the Special Parks Fund. BACKGROUND: TRAA has asked the City to partner on the purchase of four portable pitching mounds. The Parks and Recreation Commission recommended that the City Council approve spending $1,800 from the Special Parks Fund to purchase the portable pitching mounds. At their February 20 meeting, the City Council was in favor of approving the request, but asked TRAA to solicit donations for the mounds. The City Council voted to table the request until the March 6 City Council meeting to give time for TRAA to fundraise. Staff has confirmed with the Association that they were unable to fundraise any additional funds for the portable mounds. TRAA has asked the City to fund the remaining $1,800 expense for the portable mounds. The cost breakdown from TRAA is as follows: •Total Mound Cost: (4 mounds at $1,350) =$5,400 o MBL Grant (Pass Through TRAA): $2,700 o Saint Thomas Academy Contribution: $900 o City of Mendota Heights Responsibility: $1,800 FISCAL AND RESOURCE IMPACT: This is not a 2024 budgeted Special Parks Fund expense. The estimated fund balance of the Special Parks Fund at the end of 2024 is $193,000; which is sufficient to cover the $1,800 expenditure. 6j65 of 240 ATTACHMENTS: None CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship☒Premier Public Services & Infrastructure ☐Inclusive & Responsive Government 66 of 240 _________________________________________________ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: March 6, 2024 AGENDA ITEM: Joint Powers Agreement for Open to Business Program thru Dakota County Community Development Agency – Years 2024-2026 ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Community Development CONTACT: Sarah Madden, Community Development Manager ACTION REQUEST: Approve the Joint Powers Agreement between the Dakota County Community Development Agency and the City of Mendota Heights for participation in the 2024-2026 Open to Business Program; and Authorize the Mayor and City Administrator to execute necessary documents; and Authorize the shared funding of this program not to exceed $3,000 per contract year. BACKGROUND: The CDA and the 11 largest cities in Dakota County launched Open to Business (“OTB”) in 2013, a program that provides business advisory services and access to capital for entrepreneurs and small businesses in Dakota County. The participating cities and CDA share the cost of the program. The CDA enters into a Joint Powers Agreement with the 11 participating cities to act as the fiduciary agent and to administer the contract with the Metropolitan Consortium of Community Developers (MCCD), the OTB’s non-profit service provider. The OTB Program offers a professional business consultant (through the MCCD), who is available for walk-in appointments and can help plan and work through small business challenges. This service is free to any Mendota Heights business or resident. Natalie Mouilso is the full-time OTB business advisor who works exclusively in Dakota County. Ms. Mouilso provides one-on-one technical assistance to local business owners and aspiring entrepreneurs on a wide range of topics including: business plan development, strategic planning, feasibility analysis, marketing, networking, licensing, and cash flow and other financial projection development. 6k67 of 240 One new item, Ribbon Cuttings & Grand Openings, has been included within the Dakota Open To Business Program Scope of Services. This commits MCCD to assist the CDA and the participating cities with coordinating ribbon cuttings and grand openings for Open to Business clients, if the client chooses this option of an introduction into their communities. This addition is within the MCCD/OTB contract as an Exhibit as a reference to the JPA and is not subject to changes. The JPA is valid through December 31, 2026. FISCAL AND RESOURCE IMPACT: The cost for the Open to Business program for 2024-2026 is $165,000 per year, which is spread between the 11 participating cities and based on the size of the community. For the City of Mendota Heights, the FY 2024, 2025, and 2026 fee is calculated at $6,000, of which the city pays one-half ($3,000), while the CDA provides the other $3,000 half with matching county funds. The OTB contract funds are allotted under the Community Development budget. ATTACHMENTS: Joint Powers Agreement between cities and CDA (with all signature pages removed except Mendota Heights The separate Contract for Services for the Open to Business Program between the CDA and MCCD is attached to the joint powers agreement for added reference only, and is not subject to any changes or approvals.) Executed contract between MCCD and CDA Dakota County OTB Quarterly Report Q42023 CITY COUNCIL PRIORITY: ☒Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship☒Premier Public Services & Infrastructure ☐Inclusive & Responsive Government 68 of 240 Joint Powers Agreement JOINT POWERS AGREEMENT Open to Business Program THIS JOINT POWERS AGREEMENT (this “Agreement”), is made as of January 1, 2024, by and between the DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (the “CDA”), a public body corporate and politic organized and existing under the laws of the State of Minnesota (the “State”), and each of the BURNSVILLE ECONOMIC DEVELOPMENT AUTHORITY, CITY OF LAKEVILLE, CITY OF MENDOTA HEIGHTS, INVER GROVE HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY, EAGAN ECONOMIC DEVELOPMENT AUTHORITY, HASTINGS ECONOMIC DEVELOPMENT AND REDEVELOPMENT AUTHORITY, ROSEMOUNT PORT AUTHORITY, FARMINGTON ECONOMIC DEVELOPMENT AUTHORITY, SOUTH ST. PAUL ECONOMIC DEVELOPMENT AUTHORITY, AND WEST ST. PAUL ECONOMIC DEVELOPMENT AUTHORITY, MINNESOTA (each individually a “Local Government Entity” and together the “Local Government Entities”), each a political subdivision of the State. RECITALS: A.In order to pursue common goals of fostering economic development, the CDA and the Local Government Entity Cities desire to engage the Metropolitan Consortium of Community Developers, a Minnesota non-profit corporation (“MCCD”) to undertake the “Open To Business Program” (the “Program”) within Dakota County (the “County”). B.Pursuant to the Program, MCCD will provide technical assistance and access to capital to small business and potential entrepreneurs in the County. C.The CDA and the Local Government Entities propose to jointly exercise their common economic development powers to undertake the Program. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the CDA and each of the Local Government Entities, each party does hereby represent, covenant and agree with the others as follows: Section 1. Representations. Each of the Local Government Entities and the CDA makes the following representations as to itself as the basis for the undertaking on its part herein contained: (a)It is a political subdivision of the State of Minnesota with the power to enter into this Agreement and carry out its obligations hereunder. 69 of 240 Joint Powers Agreement 2 (b)Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which it is now a party or by which it is bound, or constitutes an event of default under any of the foregoing. Section 2. Powers to be Exercised. The powers to be jointly exercised pursuant to this Agreement are the powers of the CDA and the Local Government Entities under Minnesota Statutes, Chapter 469, to undertake activities to promote economic development within their respective jurisdictions. Section 3. Method for Exercising Common Powers; Funds. The CDA, on its own behalf and on behalf of the Local Government Entities, will initially enter into an agreement with MCCD in substantially the form attached hereto as Exhibit A (the “Agreement”) to engage MCCD to operate the Program within Dakota County. The CDA and each of the Local Government Entities will make payments to MCCD as described in Exhibit A of the Agreement. The CDA may from time to time execute and deliver documents amending, modifying, or extending the Agreement as it deems necessary or convenient, provided, that no such document will adversely affect services provided to, or amounts payable by, any Local Government Entity without the prior written consent of such Local Government Entity. Section 4. Limited Liability. Neither the CDA nor any of the Local Government Entities shall be liable for the acts or omissions of the other in connection with the activities to be undertaken pursuant to this Agreement. To the extent permitted by law, (a) the CDA hereby indemnifies the Local Government Entities for costs associated with claims made against the Local Government Entities directly relating to actions taken by the CDA, and (b) each Local Government Entity hereby indemnifies the CDA for costs associated with claims made against the CDA directly relating to actions taken by such Local Government Entity. Nothing herein shall be deemed a waiver by the indemnifying party of the limits on liability set forth in Minnesota Statutes, Chapter 466; and the indemnifying party shall not be required to pay, on behalf of the indemnified party, any amounts in excess of the limits on liability set forth in Minnesota Statutes, Section 466.04, less any amounts the indemnifying party is required to pay on behalf of itself, its officers, agents and employees for claims arising out of the same occurrence. Section 5. Conflict of Interests; Representatives Not Individually Liable. The CDA and each of the Local Government Entities, to the best of its knowledge, represents and agrees that no member, official or employee of their respective bodies shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No member, official or employee of the CDA or any Local Government Entity shall be personally liable with respect to any default or breach by any of them or for any amount which may become due to the other party or successor or on any obligations under the terms of this Agreement. 70 of 240 Joint Powers Agreement 3 Section 6. Term; Distribution of Property. The term of this Agreement shall expire on December 31, 2026. There is no property which will be acquired by the CDA or any Local Government Entity pursuant to the Program which would need to be distributed at the end of the term hereof. Section 7. Notices and Demands. A notice, demand or other communication under this Agreement by any party to another shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested or delivered personally to the person and at the addresses identified on each signature page hereto, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. [Remainder of page intentionally left blank] 71 of 240 Joint Powers Agreement A - 1 IN WITNESS WHEREOF, the CDA and the Local Government Entities have caused this Agreement to be duly executed in their respective names and behalf as of the date first above written, with actual execution on the dates set forth below. DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY Dated:_____________________ By _______________________________ Its Executive Director Notice Address: Dakota County Community Development Agency 1228 Town Centre Drive Eagan, MN 55123 Attn: Lisa Alfson, Director of Community and Economic Development 72 of 240 Joint Powers Agreement A - 5 CITY OF MENDOTA HEIGHTS, MINNESOTA Dated: _______________ By _________________________________ Its ________________________________ By _________________________________ Its ________________________________ Notice Address: 1101 Victoria Curve Mendota Heights, MN 55118 Attn: ______________________________ 73 of 240 1 Contract for Services for the Open To Business Program THIS AGREEMENT is dated December 29, 2023, and is between the Dakota County Community Development Agency (“CDA”) and Metropolitan Consortium of Community Developers, a Minnesota nonprofit corporation (“MCCD”). WHEREAS, the CDA, on behalf of itself and the 11 political subdivisions of the State of Minnesota listed on Exhibit A hereto (the “Local Government Entities”), which each have powers with respect to a city with a population over 10,000 (collectively the “Municipalities”), wishes to engage MCCD to render services under the model known as “Open To Business,” a program providing small business technical assistance and capital to existing businesses and residents and other parties interested in opening a business within Dakota County (the “County”) (the “Program”); and WHEREAS, MCCD has successfully provided the services required to administer and carry out the Program in Dakota County from 2013 – 2023; and WHEREAS, pursuant to CDA Resolution No. 23-6776, adopted on December 19, 2023, (the “Resolution”), the CDA is authorized to enter into this agreement with MCCD for the Program; and WHEREAS, pursuant to the Resolution and certain joint powers agreements to be entered into between the CDA and the Local Government Entities (the “Joint Powers Agreements”), the CDA will act as fiscal agent for the Local Government Entities in connection with this Agreement; and WHEREAS, the CDA will pay from its own funds 50 percent of the fee charged by MCCD for the Program in the Municipalities and 100 percent of the fee charged by MCCD for the Program in the small cities and townships within the County with populations less than 10,000 residents (“Small Cities and Townships”), as further described herein and in Exhibit A; and WHEREAS, pursuant to the Joint Powers Agreements, the Local Government Entities will be required to pay a Participation Fee to the CDA in accordance with the schedule in Exhibit A, representing the remaining 50 percent of the fee charged by MCCD for the Program in the Municipalities. Now therefore, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: TIME OF PERFORMANCE The term of this Agreement and the period during which MCCD will provide services hereunder will commence upon the first day of January 2024, and automatically renew January 1, 2025, and January 1, 2026. This agreement will terminate on December 31, 2026, DocuSign Envelope ID: 743DDAE5-4022-44F9-A734-05B673C5AB0C 74 of 240 2 subject to earlier termination as provided herein. MCCD will perform the services necessary to carry out the Program as promptly as possible, and with the fullest due diligence. COMPENSATION The CDA will compensate MCCD annually for its services hereunder an amount equal to One Hundred Sixty-Five Thousand Dollars ($165,000) (“Contract Amount”). The CDA will pay such an amount in two equal installments, the first no earlier than March 1st and the second no earlier than September 30th, upon receipt of invoices from MCCD. Subject to the limits above, payments will be due within 15 days of receipt of the respective invoices. The portion of the Contract Amount payable from Participation Fees will be payable by the CDA only from and to the extent such Participation Fees are paid by the respective Local Government Entities. In the event a Local Government Entity does not pay the CDA its Participation Fee in amounts and by deadline described in Exhibit A, the CDA will notify MCCD, and MCCD will immediately cease the Program in that Municipality. Upon such termination, the Contract Amount will be reduced by an amount equal to the Participation Fee which such Local Government Entity did not pay and the amount the CDA would have paid as a matching payment. SCOPE OF SEVICES MCCD will provide technical assistance and access to capital to existing businesses, residents and those parties interested in starting a business in any of the Municipalities, Small Cities, and Townships within Dakota County as further described on Exhibit B and Exhibit C hereto, which sets forth the Dakota Open To Business Program Scope of Services. REPORTING MCCD will submit quarterly reports to the CDA and Municipalities in form and substance acceptable to the CDA and Municipalities. Reports will provide information in the agreement for County and will include a sub-report for each Municipality and each of the Small Cities and Townships Reports will include the following information: Number of inquiries, entrepreneurs, and businesses served Hours of technical assistance provided Hours of dedicated program (including but not limited to – city initiatives, program outreach, public events, city meetings, research, client follow-up, general inquiries) Type of business/industry Annual sales revenue Number of businesses opened Number of businesses expanded/stabilized DocuSign Envelope ID: 743DDAE5-4022-44F9-A734-05B673C5AB0C 75 of 240 3 Number and amount of financing packages Demographic information on entrepreneurs Business city and/or resident city The required reporting schedule is as follows: 1st quarter January – March, report due April 30th 2nd quarter April – June, report due July 31st 3rd quarter July – September, report due October 31st 4th quarter October – December, report due January 31st In addition to the foregoing, MCCD will provide additional reports as reasonably requested by the CDA or Local Government Entities. Client confidentiality being a core component of the service model, MCCD will not typically report specific client/business information in its regular reporting, However, with permission from the client, MCCD will produce profiles of successful clients for publication dissemination and media release. PERSONNEL MCCD represents that it has, or will employ or contract for, at its own expense, all personnel required to perform the services necessary to carry out the Program. Such personnel will not be employees of, or have any contractual relationship with, the County, the CDA, or any of the Local Government Entities. No tenure or any other rights or benefits, including worker’s compensation, unemployment insurance, medical care, sick leave, vacation pay, severance pay, or any other benefits available to County, CDA, or any of the Local Government Entities’ employees shall accrue to MCCD or employees of MCCD performing services under this Agreement. MCCD is an independent contractor. All of the services required to carry out the Program will be performed by MCCD and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such work. Natalie Mouislo shall be the dedicated MCCD Program advisor for the County, CDA, and Local Government Entities for the duration of this Agreement. If there are material 1 changes to Ms. Mouilso’s position with MCCD during the time of this Agreement, the CDA will be informed by MCCD immediately. 1 Material is defined as any event or events that would prohibit Ms. Mouislo from being the full-time Program Advisor for Dakota County. DocuSign Envelope ID: 743DDAE5-4022-44F9-A734-05B673C5AB0C 76 of 240 4 USE OF CDA OFFICE SPACE The CDA will make available a cubicle space for MCCD personnel at the CDA office building for use by MCCD in carrying out the Program. MCCD personnel will have access to the CDA meeting rooms, wireless internet services, copy machines, and printers. MCCD personnel shall comply with all CDA office rules and policies regarding the use of CDA office space, equipment, and internet access. If the CDA, in its sole direction, determines that MCCD personnel has failed to comply with CDA office rules and policies, MCCD personnel will be required to vacate the CDA office and the CDA will cease to provide MCCD office space to carry out the Program. INTEREST OF MEMBERS OF THE CDA AND OTHERS No officer, member, or employee of the CDA and no member of its governing body, and no other public official or governing body of any locality in which the Program is situated or being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the Program, will participate in the decision relating to this Agreement which affects he/she is, directly or indirectly, interested or has any personal or pecuniary interest, direct or indirect, in this Agreement. ASSIGNABILITY MCCD will not assign any interest in this Agreement and will not transfer any interest in the same without the prior written approval of the CDA. COMPLIANCE WITH LOCAL LAWS MCCD agrees to comply with all federal laws, statutes, and applicable regulations of the State of Minnesota and the ordinances of the Local Government Entities. INSURANCE General Terms. In order to protect itself and to protect the CDA under the indemnity provisions set forth above Contractor shall, at Contractor's expense, procure and maintain a policy of Professional Liability (PL) insurance covering the term of this Contract. Such policy of PL insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such policy of insurance shall contain a clause providing that such policy shall not be cancelled by the issuing insurance company without at least 30 days’ written notice to the CDA of intent to cancel. Certificates. Prior to or concurrent with execution of this Contract, Contractor shall file certificates of such policies of insurance with the CDA. Failure to Provide Proof of Insurance. The CDA may withhold payments or immediately terminate this Contract for failure of Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above. INDEMINFICATION MCCD agrees to defend, indemnify, and hold harmless the County, the CDA, the Local Government Entities, and each of their respective officials, agents, volunteers and employees DocuSign Envelope ID: 743DDAE5-4022-44F9-A734-05B673C5AB0C 77 of 240 5 from any liability, claims, causes of action, judgements, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of MCCD, its subcontractors, anyone directly or indirectly employed by MCCD or any if its subcontractors, and/or anyone for whose acts and/or omissions MCCD may be liable in the performance of the services required by this Agreement, and against all loss by reason of failure of MCCD to perform any obligation under this Agreement. NOTICES A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by mail, portage prepaid, return receipt requested, or delivered personally; and (a)In the case of MCCD is addressed or delivered personally to: Tyler Hilsabeck Metropolitan Consortium of Community Developers 3137 Chicago Avenue South Minneapolis, MN 55407 (b)In the case of the CDA is addressed or delivered personally to: Lisa Alfson, Director of Community and Economic Development Dakota County Community Development Agency 1228 Town Centre Drive Eagan, MN 55123 Or at such other address with respect to any party as that party may designate in writing and forward to the other as provided in this Section. MODIFICATION This Agreement may not be modified, changed, or amended in any manner whatsoever without the prior written approval of all the parties hereto. NON-DISCRIMATION In connection with its activities under this Agreement, MCCD will not violate any Federal or State laws against discrimination. DEFAULT AND CANCELLATION Failure of the MCCD to perform any of its obligations under this Agreement to the satisfaction of the CDA will constitute in a default hereunder. If a default occurs, MCCD will have 60 days to cure any and all defaults and come into compliance with this Agreement. MCCD will immediately notify the CDA of any default. MCCD and the CDA will develop agreed upon milestones that must be met within the 60- day period to avoid cancellation of this Agreement. DocuSign Envelope ID: 743DDAE5-4022-44F9-A734-05B673C5AB0C 78 of 240 6 The primary default would be the loss of Ms. Mouilso as the dedicated MCCD Program advisor. If Ms. Mouilso is no longer the dedicated MCCD Program advisor, MCCD will be expected to meet the following milestones within the 60-day period – 1. MCCD will inform the CDA within 48 hours of Ms. Mouilso’s employment departure notice. 2. The name and contact information of the interim MCCD Program advisor for Dakota County will be shared with CDA and Local Government Entities within three business days of Ms. Mouilso’s departure notice. 3.MCCD will continue to actively work with Dakota County clients on a full-time basis in the event of a default and respond to client communication in a timely manner as defined elsewhere in this Agreement. 4. MCCD will continue to track and input client data to ensure the quarterly report is accurate when generated (see REPORTING section, page 2, for details). 5.MCCD staff, including the interim MCCD Program advisor, will meet with CDA staff weekly (at a minimum) to provide updates on clients, Program work in Dakota County, etc. Local Government Entities will be invited to these meetings. 6.MCCD will continue to actively market the MCCD Program in the same capacity as prior to the default. 7.Hiring a new dedicated MCCD Program advisor for Dakota County is not expected within 60 days of the default; however, steps to secure a new, qualified, full-time MCCD Program advisor will occur within the 60 days. Steps taken to secure a new advisor will be regularly communicated to CDA. If a default is not remedied in 60 days, and/or the agreed upon milestones are not met within the 60 days, the CDA may cancel this Agreement in its entirety by five additional days’ written notice to MCCD. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. DocuSign Envelope ID: 743DDAE5-4022-44F9-A734-05B673C5AB0C 79 of 240 7 DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY By:_______________________________ Tony Schertler, Executive Director Date: _____________________________ MCCD By: Printed Name: Elena Gaarder Printed Title: Chief Executive Officer Date: DocuSign Envelope ID: 743DDAE5-4022-44F9-A734-05B673C5AB0C 12/29/2023 12/29/2023 80 of 240 8 Exhibit A 2024, 2025 & 2026 Local Government Entity Annual Participation Fee Schedule Municipality Local Government Entity Total Fee CDA Share of Fee Local Government Entity Participation Fee Lakeville City of Lakeville $21,380 $10,690 $10,690 Eagan Eagan Economic Development Authority $21,280 $10,640 $10,640 Burnsville Burnsville Economic Development Authority $21,000 $10,500 $10,500 Apple Valley Apple Valley Economic Development Authority $18,000 $9,000 $9,000 Inver Grove Heights Inver Grove Heights Economic Development Authority $14,000 $7,000 $7,000 Rosemount Rosemount Port Authority $11,300 $5,650 $5,650 Farmington Farmington Economic Development Authority $11,000 $5,500 $5,500 Hastings Hastings Economic Development and Redevelopment Authority $11,000 $5,500 $5,500 South St. Paul South St. Paul Economic Development Authority $10,800 $5,400 $5,400 West St. Paul West St. Paul Economic Development Authority $10,800 $5,400 $5,400 Mendota Heights City of Mendota Heights $6,000 $3,000 $3,000 Small Cities and Townships n/a $8,440 $8,440 $0 Total $165,000 $86,720 $78,280 DocuSign Envelope ID: 743DDAE5-4022-44F9-A734-05B673C5AB0C 81 of 240 9 Exhibit B Dakota Open To Business Program Scope of Services Open To Business (“OTB”) Technical Assistance Services MCCD will provide intensive one-on-one technical assistance to Municipalities’ and Small Cities’ and Townships’ businesses, residents and aspiring entrepreneurs intending to establish, purchase, or improve a business in Municipalities and Small Cities and Townships within Dakota County. MCCD will dedicate one full time staff person based in Dakota County to provide the Technical Assistance Services (“Dakota OTB Staff”). In addition, MCCD will make available the expertise of all MCCD technical and support staff in the delivery of services to Dakota Open to Business Program. Technical assistance includes, but is not limited to, the following: Business plan development Feasibility analysis Marketing Cash flow and other financial projection development Operational analysis City and State licensing and regulatory assistance Loan packaging, and other assistance in obtaining financing Help in obtaining competent legal advice MCCD Dakota OTB Staff will be available to meet clients at the CDA office building, various Municipality city halls, County libraries, or at the client’s place of business. Client meetings may also be held virtually and/or on the phone. Open To Business Access to Capital Access to capital will be provided to qualifying businesses through MCCD’s Emerging Small Business Loan Program (see Exhibit C Small Business Loan Program Guidelines below). MCCD also provides it’s financing in partnership with other community lenders, banks or Local Government Entities interested in making capital available to residents and/or businesses in their community. Ribbon Cuttings & Grand Openings MCCD Dakota OTB staff will assist the CDA and Local Government Entities with the coordination of ribbon cuttings and grand openings for Program clients within Dakota County who wish to participate to ensure that all Program clients receive the option of this introduction into their communities. Coordinating efforts may include promoting the event, finalizing date/time of event with Program client, sending out invitations, and taking photographs. DocuSign Envelope ID: 743DDAE5-4022-44F9-A734-05B673C5AB0C 82 of 240 10 EXHIBIT C Small Business Loan Program Guidelines Loan Amounts: •Up to $25,000 for start-up businesses •Larger financing packages for established businesses •Designed to leverage other financing programs as well as private financing provided by the commercial banking community. Eligible Projects: •Borrowers must be a “for-profit” business. •Business must be complimentary to existing business community. •Borrowers must have equity injection as determined by fund management. Allowable Use of Proceeds: •Loan proceeds can be used for working capital, inventory, building and equipment and general business operations. Interest Rates: •The loan interest rate is dependent on use, term and other factors, not to exceed 7%. Loan Term Length: •Loan repayment terms will generally range from three to five years but may be substantially longer for major asset financing such as commercial property. Fees and Charges: •Borrowers are responsible for paying all customary legal and other loan closing costs. DocuSign Envelope ID: 743DDAE5-4022-44F9-A734-05B673C5AB0C 83 of 240 Business Advisor for Dakota County: Natalie Mouilso, nmouilso@mccdmn.org, 952-451-6390 Q4 2023 ending 12.31.2023 Clients Served YTD Client Inquiry 4 Existing - Challenged 19 Existing - Opportunity 45 Pre-start planning 57 Start-up 43 Total 168 Business Owner Demographics YTD Low-Income Owned 63 BIPOC or Immigrant Owned 86 Woman Owned 82 Financing & Access to Capital YTD Approved (YRLY Total) $ 604,855.00 Equity (YRLY Total) $ 751,362.00 Facilitated (YRLY Total) $3,166,022.00 Program Hours TA Program HRS 1st QTR 382.00 159 2nd QTR 299.75 213 3rd QTR 293.25 223 4th QTR 290.25 179 Total 1,265.25 774 TA: Client Meetings, Providing Resources, Client Calls, Client Deliverables, Loan Packaging Program HRS: City Initiatives, Program Outreach, Public Events, City Meetings, Research, Data/Admin, General Inquiries 84 of 240 Dakota County Q4 Report 12.31.2023 2 Industry Segment YTD Construction / Real Estate 5 Food 27 Health/Fitness 16 Manufacturing 2 Consulting 11 Retail 32 Service 39 Technology 3 Wholesale / Distribution 3 Other/TBD 13 Total 168 Referral Source YTD Bank Referral 21 Entrepreneur 8 Friends and Family 20 Municipality 50 MCCD Partner/Staff 14 Other 48 Web 7 Total 168 City YTD Business Resident Apple Valley 22 15 Burnsville 20 18 Eagan 22 23 Farmington 13 16 Hastings 15 11 Inver Grove Heights 10 10 Lakeville 19 26 Mendota Heights 1 1 Rosemount 12 13 South St. Paul 6 7 West St. Paul 9 7 Other Dakota Co. 0 2 Other/ No Data 19 19 85 of 240 Dakota County Q4 Report 12.31.2023 3 Direct Financing & Access to Capital Business Type: Thai Grocery Store – Updated Q3 Business Locations: Burnsville & South Saint Paul Owner Residence: Woodbury Referred by: Bank Partner & City of South Saint Paul MCCD Financing: $125,000 Owner Equity: $196,391 Other Financing: $2,455,472 Overview: MCCD approved gap financing for a BIPOC-owned business expansion. The owners currently operate a Thai grocery store in Burnsville and are expanding the business to include a new wholesale and distribution business line with a second location in South Saint Paul to include extra storage for the grocery inventory as well as a deli walk up window. The project is the development of a multitenant building which will include space for two additional tenants. MCCD financing will be utilized for construction costs. Update: After this loan was initially approved in Q1 2023 an adjustment to the total project costs increased the project size from $1,920,000 to $2,455,472. The loan was reapproved by MCCD in August and closed in September 2023. Business Type: Financial Advisory Business Location: Hastings & Lakeville Owner Residence: Lakeville Referred by: Bank Partner MCCD Financing: $204,000 Owner Equity: $46,000 Other Financing: $255,000 Overview: MCCD approved permanent term financing for a commercial real estate purchase by a growing financial advisory business based in Lakeville with a second location in Hastings. The project was brought to MCCD via a bank partner and the real estate transaction is part of a larger business expansion plan and ownership transition for the Hastings location. The real estate purchase and eventual business purchase will retain 6 full-time jobs and create 1 new full-time position. Business Type: Hair Braiding Salon Business Location: Eagan Owner Residence: Eagan Referred by: MCCD Community Partner MCCD Financing: $25,000 Owner Equity: $21,000 Overview: MCCD approved financing for this immigrant owned start-up hair braiding salon business. The owner has been working in the industry for nearly 10 years, always renting chairs at other salons, and splitting her profits with the salon owner. With startup capital provided by MCCD she will be able to open her own space in Eagan, expand her clientele, and build wealth for herself and her family. In addition to braiding services, the salon will have two rental chairs available and will sell high-quality products that cater to the Black and African community in the area. 86 of 240 Dakota County Q4 Report 12.31.2023 4 Business Type: Adult Daycare Homes and Services Business Locations: Business Office in Burnsville with homes owned in Inver Grove Heights (2), Apple Valley (1), Farmington (1), Crystal (1), and newest location in New Hope (1) Owners Residences: Eagan & Prior Lake Referred by: Bank Partner MCCD Financing: $37,200 Owner Equity: $37,200 Bank Financing: $297,600 Overview: MCCD partnered with Amplio and a local bank on this real estate transaction for a growing adult daycare and homecare business. Our participation (which is considered equity by the SBA) at 10% of the total project costs allowed the business owners to meet Amplio’s 20% equity requirement and retain much needed working capital in the business. Through the real estate purchase, the owners are adding a new residential home in New Hope, MN to the existing roster of home care facilities where the business operates throughout the Twin Cities region. One of the business’s owners is Native American and the new location will create new opportunities for the community of New Hope. Business Type: Trucking Business Location: Hastings Owner Residence: Hastings Referred by: Bank Partner MCCD Financing: $25,000 Bank Financing: $44,450 Owner Equity: $16,545 Overview: MCCD approved financing for this startup transportation business. This industry veteran has worked for decades driving trucks for other businesses. He finally took the leap to establish himself as an owner operator in January 2023 when he approached his bank about his business idea. The bank referred him to OTB to help with a business plan and financial projections. After a few months of planning the project was ready to move forward in July. This new business will create one job for the business owner, who is a low-income individual, and allow him the opportunity to build wealth for himself and his family. Business Type: Restaurant Business Location & Owner Residence: Inver Grove Heights Referred by: Community Outreach MCCD Financing: $110,000 Partner Financing: $110,000 Owner Equity: $129,490 Overview: MCCD approved financing for this immigrant owned business expansion in Inver Grove Heights in July 2023. This full-service, family-owned Mexican restaurant has been a community staple in IGH since 2015 with a solid local following. The business embarked on an expansion to a larger location in 2021 but due to unforeseen costs and logistics, the project had been stalled for quite a while. Having exhausted their available funds, the owners were stuck paying rent at both locations with a partially completed renovation. The business connected with MCCD advisor Vicky Gonzalez in summer of 2022 at a community event and she worked tirelessly to find a path forward for this family business. MCCD brought in a non-profit lending partner and together the organizations collaborated on the final funding package. The business has three existing employees and when the expansion is complete, three new jobs will be created. 87 of 240 Dakota County Q4 Report 12.31.2023 5 Business Type: Restaurant Business Location: Apple Valley Owner Residence: Rosemount Referred by: Municipality MCCD Financing: $67,935 Owner Equity: $290,000 Overview: This husband-and-wife team of seasoned entrepreneurs contacted OTB for startup financing to complete leasehold improvements and provide working capital. After years of successfully operating a sushi franchise, the business owners decided to start a new food business which could appeal to a wider variety of customers. The new restaurant is in a prime retail and commercial area of Apple Valley and will serve fried fish, seafood, and chicken, as well as sandwiches, fried fish tacos, and freshly hand cut fries. This immigrant owned business opened January 11, 2024, and created two full time jobs for the owners and two part time jobs for kitchen helpers. Business Type: Hair Braiding Salon Business Location: Apple Valley Owner Residence: Lakeville Referred by: Bank Partner MCCD Financing: $10,000 Owner Equity: $5,500 Overview: This business owner was referred to OTB by Royal Credit Union, Apple Valley. The business was poised for growth although the owner did not have the working capital on hand to bring in new products and make important equipment upgrades. With a loan from MCCD the business will be able to book new services and raise prices, increasing income for the owner and her family. As a single parent of four children, this hard- working and dedicated business owner is now set up for success in 2024. Credit Builder Loans In collaboration with nonprofit partners who provide credit building & financial awareness counseling, MCCD provides $240 Credit Builder Loans (CBLs) to qualified applicants seeking to improve their personal credit. Credit Builder applicants complete financial training through MCCD’s partners and are then referred to MCCD for a CBL. MCCD generates and services the CBLs in-house. 2023 Credit Builder Loans YTD Resident City Loan Amount Rosemount $240 West Saint Paul $240 West Saint Paul $240 TOTAL $720 Business Grants Business Type: Driving School Business Location: Apple Valley Referred by: Google Search MicroGrant: $3,500 (Grant Application Facilitated by MCCD) Owner Equity: ~$10,000 88 of 240 Dakota County Q4 Report 12.31.2023 6 Overview: This low-income, women business owner learned of the Open to Business program by searching online for resources. After working as a driving instructor for a few years and falling in love with the work, this entrepreneur recognized the opportunity to establish her own school. After pouring every spare dollar into the startup costs, the business owner had a gap of ~$3,000 which MCCD was able to fill through a MicroGrant. The grant covered the remaining costs for equipment, supplies, and technology. With the additional funding the business owner opened her doors in June with a fully equipped classroom space. As the head of a household with 6 children, this business owner is on the path to building a strong business and a successful future. Highlights, Networking, & Outreach Funding & Policy Updates •November 9 – Along with clients and partners, MCCD held our Annual Meeting to celebrate collective community impact. Read the accompanying Annual Report which summarizes achievements in policy, advocacy, field building, small business development, lending, and shared ownership. •December 13 – MCCD was recognized as a recipient of DEED’s Small Business Assistance Partnership Grant designed to support organizations dedicated to empowering BIPOC entrepreneurs and small business owners. Programming, Partnerships, & Trainings •October 10 – The Open to Business team participated in the first annual teambuilding retreat. The team gathered to reflect on 2023 and look ahead to 2024. •November 8 – In partnership with accounting firm Tax Actions of Minneapolis, MCCD hosted a bookkeeping and accounting Q&A webinar. The event provided an overview of bookkeeping practices for small businesses as well as a Q&A section. •November 14 – MCCD, alongside Mni Sota Fund and Shared Capital Cooperative, collaborated with the MN Small Business Administration District Office to organize a Capital Strategies Symposium to discuss constructing a more inclusive finance system. The event featured remarks by Geri Sanchez Aglipay, Regional Administrator, SBA, Neela Mollgaard, Executive Director, DEED Office of Small Business Innovation, and St. Paul Mayor Melvin Carter. •November 17 – In partnership with the UMN Law School, MCCD hosted a Small Business Law Q&A webinar where legal experts provide transaction-based legal assistance to small businesses on a variety of subject matters including entity formation, owner distributions, and commercial lease review. •December 1 – MCCD rolled out a Holiday Shopping Guide which featured clients and businesses in our community. •January 19 – Join the Open to Business team as we host our first in person Small Business Planning Workshop of 2024 at the MCCD Office. The training is open to entrepreneurs throughout the region and will provide attendees with the tools and resources needed to write a business plan. Advertising & Outreach •Banker and lender outreach occurred specifically with Merchants Bank, Minnwest Bank, Northeast Bank, Royal Credit Union, Scale Bank, Sunrise Bank, Think Bank, and US Bank. 89 of 240 Dakota County Q4 Report 12.31.2023 7 •Written or in-person presentations were made and/or networking efforts were made including Minnesota Minority Goods & Services Association on October 3, CMDC Business Financing on October 16, West Saint Paul Workforce Development Center on October 20, St. Thomas Small Business Development Center on November 20, Dakota County Bi-Monthly City/County Meeting on December 14. Regular updates / meetings occurred with the Workforce Development Board’s Business Services/Economic Development Committee, the University of MN Law School, Dakota County CDA, the City of Burnsville, the City of Eagan, and the City of Farmington. •The Open to Business advertisement library is up to date with the most recent ads and flyers for OTB. Access the Ad Library here. Client Highlight Meet Mireya Sanchez, owner of El Rincon Mexicano of Inver Grove Heights. This full-service, family-owned Mexican restaurant has been a community staple in IGH since 2015 with a solid local following. The business serves healthy, freshly prepared, and unprocessed food and even has a vegetarian menu! Mireya started the business when she felt called to sell her enchiladas to the community. As the business grew, Mireya looked to expand to accommodate additional dining spaces for both customers as well as her employees during their lunch breaks. The business embarked on an expansion to a larger location in 2021 but due to unforeseen costs and logistics, the project stalled. Having exhausted available funds, she was stuck paying rent at both locations with a partially completed renovation. The business connected with MCCD advisor Vicky Gonzalez in summer of 2022 at a community event and Vicky worked tirelessly to find a path forward providing in-depth technical assistance and sound professional resources. MCCD brought in a non-profit lending partner and together the organizations collaborated on the final funding package. MCCD approved financing in July 2023. The business has three existing employees and when the expansion is complete, three new jobs will be created. “MCCD has helped where I couldn’t and wouldn’t. It’s important that other Hispanic and other Latin people know about MCCD’s existence.” - Mireya, Owner of El Rincon Mireya Sanchez, Owner of El Rincon Mexicano, Inver Grove Heights 90 of 240 _________________________________________________ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: March 6, 2024 AGENDA ITEM: Environmentally Preferable Purchasing Guidelines Addendum to the City’s Purchasing Policy ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Administration CONTACT: Kelly Torkelson, Assistant City Administrator ACTION REQUEST: Adopt Environmentally Preferable Purchasing Guidelines as an addendum to the City’s Purchasing Policy. BACKGROUND: The City of Mendota Heights is a participating in the GreenStep Cities Program. The GreenStep Cities Program provides an outline of best practices that support sustainability in city operations. In 2023, the City achieved step 2 of the GreenStep Cities program. Through ongoing efforts this past year, the city is on track to advance to step 3 of the program with the completion of additional required actions including the adoption of environmentally preferable purchasing guidelines. Sustainable purchasing guidelines support the city’s existing purchasing process but includes consideration of the environmental impact of potential purchases. "Environmentally Preferable Products and Services" as defined by the United States Environmental Protection Agency (US EPA) means products and services that have a lesser or reduced effect on human health and the environment when compared to competing products and services that serve the same purpose. This applies to raw material acquisition, as well as product manufacturing, distribution, use, maintenance, and disposal. The goal of these guidelines is to encourage purchasing that reflects the City of Mendota Heights’ commitment to sustainability. Benefits of the guidelines include: •Conserving natural resources •Minimizing environmental impacts such as pollution, water usage, and energy waste •Identifying environmentally preferable products and distribution systems 6l91 of 240 •Achieving best practices in environmental purchasing as identified through the Minnesota Pollution Control Agency's (MPCA) GreenStep Cities Program •Setting an example of environmental sustainability and energy conservation for residents and businesses in the City of Mendota Heights •Lower overall costs to the City by addressing full cost accounting (purchase, operation, maintenance, disposal, staff time, and labor) The purchasing guidelines focus on three main areas of purchasing: Recycled Paper Products, Energy Water Savings, and Cleaning Products. These areas are based off of priorities within the GreenStep Cities program. In addition to these specific areas, staff are to evaluate the environmental impact of all purchases that are being considered. There may be reasonable justification for not purchasing the most environmentally sustainable option such as cost, longevity, or integration with existing equipment, however these guidelines prompt the question and incorporate environmental considerations within the city’s purchasing processes. FISCAL AND RESOURCE IMPACT: This document does not require any particular action by the city council, it provides guidelines for recommendations that the city council can consider when making their determination of which purchases to authorize. For many environmentally preferable products there is either an additional cost or the cost savings is realized over time through either long-term maintenance costs, staff time, environmental remediation costs, or some other factor that increases lifetime costs of items. As the city council reviews purchasing recommendations, they may see initial costs for products increase even if the lifetime costs have a lower overall cost to the city. ATTACHMENTS: Environmentally Preferable Purchasing Guidelines Addendum to the City’s Purchasing Policy CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☐Inclusive & Responsive Government 92 of 240 1 City of Mendota Heights Environmentally Preferable Purchasing Guidelines PURCHASING POLICY: Addendum 1 Adopted: XXX, 2024 I.Purpose and Scope The goal of these guidelines is to encourage purchasing that reflects the City of Mendota Heights’ commitment to sustainability. Benefits of the guidelines include: Conserving natural resources Minimizing environmental impacts such as pollution, water usage, and energy waste Identifying environmentally preferable products and distribution systems Achieving best practices in environmental purchasing as identified through the Minnesota Pollution Control Agency's (MPCA) GreenStep Cities Program Setting an example of environmental sustainability and energy conservation for residents and businesses in the City of Mendota Heights Lower overall costs to the City by addressing full cost accounting (purchase, operation, maintenance, disposal, staff time, and labor) II. Definitions "Environmentally Preferable Products and Services" as defined by the United States Environmental Protection Agency (US EPA) means products and services that have a lesser or reduced effect on human health and the environment when compared to competing products and services that serve the same purpose. This applies to raw material acquisition, as well as product manufacturing, distribution, use, maintenance, and disposal. "Energy Star" means the US EPA's energy efficiency product labeling program described at http://www.energystar.gov. "Energy Efficient Product" means a product that I .) meets Department of Energy and Environmental Protection Agency criteria for use of the Energy Star@ trademark label; or, is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy's Federal Energy Management Program— http://wwwl.eere.energy.gov. "Financially Feasible" means a product has lower costs over its entire lifecycle as determined by full cost accounting (purchase, operation, maintenance, disposal, staff time, and labor). "Practicable" means whenever possible and compatible with state and federal law, without reducing safety, quality, or effectiveness. "Post-consumer Recycled Material" refers to material that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item, and is used as a raw material for new products. "US EPA Comprehensive Procurement Guidelines" are the most current policies established by the U.S. Environmental Protection Agency for federal agency purchases—http://www.epa.gov 93 of 240 2 "Water-Saving Products" are those that are in the upper 25% of water conservation for all similar products, or achieves a WaterSense label/certification. III.Roles and Responsibilities All City departments are to be fully aware of the City's guidelines on purchasing environmentally preferable goods and services, and all departments are responsible to: Ensure that specifications do not discriminate against reusable, recycled, or environmentally preferable products without justification, Evaluate environmentally preferable products to determine the extent to which they may be used by the city; Review and revise specifications to maximize the specification of designated environmentally preferable products where practicable, Facilitate data collection on purchases of designated environmentally preferable products by the department in order to assist in tracking the City's environmentally preferable purchasing efforts. IV.Guidelines 1.Recycled Paper Products Per Minnesota Statute 16C.073 and per the Federal Environmental Protection Agency's (EPA) requirements, the City of Mendota Heights will endeavor to purchase paper products containing the highest post-consumer content practicable, but no less than minimum recycled content standards established by the EPA Comprehensive Procurement Guidelines: www.epa.gov. 2.Energy and Water Savings All appliances and products purchased by the City for which the US EPA Energy Star certification is available will meet Energy Star certification provided such products are available and financially feasible (www.energystar.gov). Typically, this would include lighting systems, exhaust fans, water heaters, computers, exit signs, and appliances such as refrigerators, dishwashers, and microwave ovens. When Energy Star labels are not available, appliances and products that are in the upper 25% of energy efficiency as designated by the Federal Energy Management Program shall be considered for purchase. Water-saving products purchased by the City will meet the WaterSense certification when such products are available and financially feasible (http://www.epa.gov). This includes, but is not limited to, high-performing fixtures such as toilets, waterless urinals, low-flow faucets and aerators, and upgraded irrigation systems. 3.Cleaning Products Cleaning products purchased by the City will meet Green Seal, EcoLogo, and/or U.S. EPA Design for the Environment cleaning product standards if such products are practicable, available, and perform to an acceptable standard. (http://www.greenseal.org, http://www.environmentalchoice.com, and http://www.epa.gov). These guidelines are subject to the requirements and preferences in the Municipal Contracting Law (MN Statutes 471.345) and all other applicable laws and ordinances. 94 of 240 _________________________________________________ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: March 6, 2024 AGENDA ITEM: 2023 Shade Tree Program Bonding Grant with the MN Department of Natural Resources ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Engineering CONTACT: Krista Spreiter, Natural Resources Coordinator ACTION REQUEST: Authorize 2023 Shade Tree Program Bonding Grant with the MN Department of Natural Resources. BACKGROUND: Staff submitted a grant application for the 2023 Shade Tree Program Bonding Grant administered by the MN Department of Natural Resources (DNR) requesting $125,000 in grant funds. The grant was awarded for the full amount requested. The total estimated project cost is $125,000. No match is required or requested. The project entails the removal of approximately 80 dead and dying ash trees that have been infected by Emerald Ash Borer (EAB), as well as the planting of 80 replacement trees within public property and Rights-of-Way throughout the City. A contractor hired by the City will perform all removals. A separate contractor will also be hired by the City to perform all tree plantings. Staff is proposing to apply to the Tree Trust Community Forestry Program, to utilize and partner with a trusted organization to ensure quality trees, and proper planting practices. FISCAL AND RESOURCE IMPACT: Tree watering and care will be provided by city staff. ATTACHMENTS: City of Mendota Heights/MN DNR Shade Tree Bonding Grant Agreement CITY COUNCIL PRIORITY: ☒Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship☒Premier Public Services & Infrastructure ☒Inclusive & Responsive Government 6m95 of 240 Generic GO Bond Proceeds Ver – 10/26/20 Grant Agreement for Program Construction Grants Contract # 242250 / PO # 3-246332 General Obligation Bond Proceeds Grant Agreement - Construction Grant for the City of Mendota Heights Shade Tree Project under the MN NATURAL RESOURCES SHADE TREE Program 1 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 96 of 240 Generic GO Bond Proceeds i Ver – 10/26/20 Grant Agreement for Program Construction Grants TABLE OF CONTENTS RECITALS Article I - DEFINITIONS Section 1.01 – Defined Terms Article II - GRANT Section 2.01 – Grant of Monies Section 2.02 – Public Ownership Section 2.03 – Use of Grant Proceeds Section 2.04 – Operation of the Real Property and Facility Section 2.05 – Public Entity Representations and Warranties Section 2.06 – Ownership by Leasehold or Easement Section 2.07 – Event(s) of Default Section 2.08 – Remedies Section 2.09 – Notification of Event of Default Section 2.10 – Survival of Event of Default Section 2.11 – Term of Grant Agreement Section 2.12 – Modification and/or Early Termination of Grant Section 2.13 – Excess Funds Article III – USE CONTRACTS Section 3.01 – General Provisions Section 3.02 – Initial Term and Renewal Section 3.03 – Reimbursement of Counterparty Section 3.04 – Receipt of Monies Under a Use Contract Article IV – SALE Section 4.01 – Sale Section 4.02 – Proceeds of a Sale Article V – COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER’S ORDER Section 5.01 – State Bond Financed Property Section 5.02 – Preservation of Tax Exempt Status Section 5.03 – Changes to G.O. Compliance Legislation or the Commissioner’s Order Article VI – DISBURSEMENT OF GRANT PROCEEDS Section 6.01– The Advances Section 6.02 – Draw Requisitions Section 6.03 – Additional Funds Section 6.04 – Conditions Precedent to Any Advance Section 6.05 – Construction Inspections 2 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 97 of 240 Generic GO Bond Proceeds ii Ver – 10/26/20 Grant Agreement for Program Construction Grants Article VII- MISCELLANEOUS Section 7.01 – Insurance Section 7.02 – Condemnation Section 7.03 – Use, Maintenance, Repair and Alterations Section 7.04 – Records Keeping and Reporting Section 7.05 – Inspections by State Entity Section 7.06 – Data Practices Section 7.07 – Non-Discrimination Section 7.08 – Worker’s Compensation Section 7.09 – Antitrust Claims Section 7.10 – Review of Plans and Cost Estimates Section 7.11 – Prevailing Wages Section 7.12 – Liability Section 7.13 – Indemnification by the Public Entity Section 7.14 – Relationship of the Parties Section 7.15 – Notices Section 7.16 – Binding Effect and Assignment or Modification Section 7.17 – Waiver Section 7.18 – Entire Agreement Section 7.19 – Choice of Law and Venue Section 7.20 – Severability Section 7.21 – Time of Essence Section 7.22 – Counterparts Section 7.23 – Matching Funds Section 7.24 – Source and Use of Funds Section 7.25 – Project Completion Schedule Section 7.26 – Third-Party Beneficiary Section 7.27 – Public Entity Tasks Section 7.28 – State Entity and Commissioner Required Acts and Approvals. Section 7.29 – Applicability to Real Property and Facility Section 7.30 – E-Verification Section 7.31 – Additional Requirements Attachment I – DECLARATION Attachment II – LEGAL DESCRIPTION OF REAL PROPERTY Attachment III – SOURCE AND USE OF FUNDS Attachment IV – PROJECT COMPLETION SCHEDULE Attachment V – GRANT APPLICATION Attachment VI – THREE YEAR MAINTENANCE PLAN 3 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 98 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants General Obligation Bond Proceeds Grant Agreement – Construction Grant for the City of Mendota Heights Shade Tree Project under the MN Natural Resources Shade Tree Program THIS AGREEMENT shall be effective as of February 6, 2024, and is between City of Mendota Heights, a Statutory City - Plan A (the “Public Entity”), and the Minnesota Department of Natural Resources, Division of Forestry (the “State Entity”). RECITALS A.The State Entity has created and is operating a MN Natural Resources Shade Tree (the “State Program”) under the authority granted by Minn. Stat. § 88.82 and all rules related to such legislation (the “State Program Enabling Legislation”). B.Under the State Program, the State Entity is authorized to provide grants that are funded with proceeds of state general obligation bonds authorized to be issued under Article XI, § 5(a) of the Minnesota Constitution. C.Under the State Program the recipients of a grant must use such funds to perform those functions delineated in the State Program Enabling Legislation. D.The Public Entity submitted, if applicable, a grant application to the State Entity in which the Public Entity requests a grant from the State Program the proceeds of which will be used for the purposes delineated in such grant application. E.The Public Entity has applied to and been selected by the State Entity for a receipt of a grant from the State Program in an amount of $ 125,000.00, One Hundred Twenty-Five Thousand Dollars (the “Program Grant”), the proceeds must be used by the Public Entity to perform those functions and activities imposed by the State Entity under the State Program and, if applicable, delineated in that certain grant application (the “Grant Application”) attached hereto as Attachment V that the Public Entity submitted to the State Entity. F.Under the provisions contained in Minnesota Statute §412.221, the Public Entity has been given the authority to perform those functions and activities required of it under the State Program and, if applicable, delineated in the Grant. G.The Public Entity’s receipt and use of the Program Grant to acquire an ownership interest in and/or improve real property (the “Real Property”) and, if applicable, structures situated thereon (the “Facility”) will cause the Public Entity’s ownership interest in all of such real property and structures to become “state bond financed property”, as such term is used in Minn. Stat. § 4 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 99 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants 16A.695 (the “G.O. Compliance Legislation”) and in that certain “Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” executed by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as amended (the “Commissioner’s Order”), even though such funds may only be a portion of the funds being used to acquire such ownership interest and/or improve such real property and structures and that such funds may be used to only acquire such ownership interest and/or improve a part of such real property and structures. H.The Public Entity and the State Entity desire to set forth herein the provisions relating to the granting and disbursement of the proceeds of the Program Grant to the Public Entity and the operation of the Real Property and, if applicable, Facility. IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows. Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: “Advance(s)” – means an advance made or to be made by the State Entity to the Public Entity and disbursed in accordance with the provisions contained in Article VI hereof. “Agreement” - means this General Obligation Bond Proceeds Grant Agreement - Construction Grant for the City of Mendota Heights Shade Tree Project under the MN Natural Resources Shade Tree Program, as such exists on its original date and any amendments, modifications or restatements thereof. “Approved Debt” – means public or private debt of the Public Entity that is consented to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or will used to acquire an ownership interest in or improve the Real Property and, if applicable, Facility, other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited to, all debt delineated in Attachment III to this Agreement; provided, however, the Commissioner of MMB is not bound by any amounts delineated in such attachment unless he/she has consented, in writing, to such amounts. “Architect”, if any - means Not Applicable, which will administer the Construction Contract Documents on behalf of the Public Entity. “Code” - means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. 5 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 100 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants “Commissioner of MMB” - means the commissioner of Minnesota Management and Budget, and any designated representatives thereof. “Commissioner’s Order” - means the “Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” executed by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as amended. “Completion Date” – means December 31, 2027, the date of projected completion of the Project. “Contractor” - means any person engaged to work on or to furnish materials and supplies for the Construction Items including, if applicable, a general contractor. “Construction Contract Documents” - means the document or documents, in form and substance acceptable to the State Entity, including but not limited to any construction plans and specifications and any exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively form the contract between the Public Entity and the Contractor or Contractors for the completion of the Construction Items on or before the Completion Date for either a fixed price or a guaranteed maximum price. “Construction Items” – means the work to be performed under the Construction Contract Documents. “Counterparty” - means any entity with which the Public Entity contracts under a Use Contract. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property, and if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Declaration” - means a declaration, or declarations, in the form contained in Attachment I to this Agreement and all amendments thereto, indicating that the Public Entity’s ownership interest in the Real Property and, if applicable, Facility is bond financed property within the meaning of the G.O. Compliance Legislation and is subject to certain restrictions imposed thereby. “Draw Requisition” - means a draw requisition that the Public Entity, or its designee, submits to the State Entity when an Advance is requested, as referred to in Section 6.02. “Event of Default” - means one or more of those events delineated in Section 2.07. “Facility”, if applicable, - means Not Applicable, which is located, or will be constructed and located, on the Real Property and all equipment that is a part thereof that was purchased with the proceeds of the Program Grant. 6 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 101 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants “Fair Market Value” – means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal that assumes that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released at the time of acquisition by the purchaser. “G.O. Bonds” - means that portion of the state general obligation bonds issued under the authority granted in Article XI, § 5(a) of the Minnesota Constitution the proceeds of which are used to fund the Program Grant and any bonds issued to refund or replace such bonds. “G.O. Compliance Legislation” - means Minn. Stat. § 16A.695, as it may be amended, modified or replaced from time to time unless such amendment, modification or replacement imposes an unconstitutional impairment of a contract right. “Grant Application” – means that certain grant application attached hereto as Attachment V that the Public Entity submitted to the State Entity. This definition is only needed and only applies if the Public Entity submitted a grant application to the State Entity. If the Public Entity did not submit a grant application to the State Entity, then this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Initial Acquisition and Betterment Costs” – means the cost to acquire the Public Entity’s ownership interest in the Real Property and, if applicable, Facility if the Public Entity does not already possess the required ownership interest, and the costs of betterments of the Real Property and, if applicable, Facility; provided, however, the Commissioner of MMB is not bound by any specific amount of such alleged costs unless he/she has consented, in writing, to such amount. “Inspecting Engineer”, if any - means the State Entity's construction inspector, or its designated consulting engineer. “Leased/Easement Premises” - means the real estate and structures, if any, that are leased to the Public Entity under a Real Property/Facility Lease or granted to the Public Entity under an easement. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is by way of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Lessor/Grantor” – means the fee owner/lessor or grantor of the Leased/Easement Premises. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold 7 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 102 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Outstanding Balance of the Program Grant” – means the portion of the Program Grant that has been disbursed to or on behalf of the Public Entity minus any portions thereof previously paid back to the Commissioner of MMB. “Ownership Value”, if any – means the value, if any, of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility that existed concurrent with the Public Entity’s execution of this Agreement. Such value shall be established by way of an appraisal or by such other manner as may be acceptable to the State Entity and the Commissioner of MMB. The parties hereto agree and acknowledge that such value is $ ______________ or ____ Not Applicable; provided, however, the Commissioner of MMB is not bound by any inserted dollar amount unless he/she has consented, in writing, to such amount. If no dollar amount is inserted and the blank “Not Applicable” is not checked, a rebuttable presumption that the Ownership Value is $0.00 shall be created. (The blank “Not Applicable” should only be selected and checked when a portion of the funds delineated in Attachment III attached hereto are to be used to acquire the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and in such event the value of such ownership interest should be shown in Attachment III and not in this definition for Ownership Value). “Program Grant” - means a grant of monies from the State Entity to the Public Entity in the amount identified as the “Program Grant” in Recital E to this Agreement, as the amount thereof may be modified under the provisions contained herein. “Project” - means the Public Entity’s acquisition, if applicable, of the ownership interests in the Real Property and, if applicable, Facility denoted in Section 2.02 along with the performance of activities denoted in Section 2.03. (If the Public Entity is not using any portion of the Program Grant to acquire the ownership interest denoted in Section 2.02, then this definition for Project shall not include the acquisition of such ownership interest, and the value of such ownership interest shall not be included in Attachment III hereto and instead shall be included in the definition for Ownership Value under this Section.) “Public Entity” - means the entity identified as the “Public Entity” in the lead-in paragraph of this Agreement. “Real Property” - means the real property located in the County of Dakota, State of Minnesota, legally described in Attachment II to this Agreement. “Real Property/Facility Lease” - means a long term lease of the Real Property, the Facility, if applicable, or both by the Public Entity as lessee thereunder. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is a leasehold interest under a lease. For all other circumstances this definition is not needed and should be ignored and treated as if it were 8 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 103 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “State Entity” - means the entity identified as the “State Entity” in the lead-in paragraph of this Agreement. “State Program” – means the program delineated in the State Program Enabling Legislation. “State Program Enabling Legislation” – means the legislation contained in the Minnesota statute(s) delineated in Recital A and all rules related to such legislation. “Subsequent Betterment Costs” – means the costs of betterments of the Real Property and, if applicable, Facility that occur subsequent to the date of this Agreement, are not part of the Project, would qualify as a public improvement of a capital nature (as such term in used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constitution), and the cost of which has been established by way of written documentation that is acceptable to and approved, in writing, by the State Entity and the Commissioner of MMB. “Use Contract” - means a lease, management contract or other similar contract between the Public Entity and any other entity that involves or relates to any part of the Real Property and/or, if applicable, Facility. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property and/or, if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Useful Life of the Real Property and, if applicable, Facility” – means the term set forth in Section 2.05.X, which was derived as follows: (i) 30 years for Real Property that has no structure situated thereon or if any structures situated thereon will be removed, and no new structures will be constructed thereon, (ii) the remaining useful life of the Facility as of the effective date of this Agreement for Facilities that are situated on the Real Property as of the date of this Agreement, that will remain on the Real Property, and that will not be bettered, or (iii) the useful life of the Facility after the completion of the construction or betterments for Facilities that are to be constructed or bettered. Article II GRANT Section 2.01 Grant of Monies. The State Entity shall make and issue the Program Grant to the Public Entity, and disburse the proceeds in accordance with the provisions of this Agreement. The Program Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the State Entity or the Commissioner of MMB under certain circumstances. 9 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 104 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the Program Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real Property and, if applicable, Facility must be owned by one or more public entities. Such ownership may be in the form of fee ownership, a Real Property/Facility Lease, or an easement. In order to establish that this public ownership requirement is satisfied, the Public Entity represents and warrants to the State Entity that it has, or will acquire, the following ownership interests in the Real Property and, if applicable, Facility, and, in addition, that it possess, or will possess, all easements necessary for the operation, maintenance and management of the Real Property and, if applicable, Facility in the manner specified in Section 2.04: (Check the appropriate box for the Real Property and, if applicable, for the Facility.) Ownership Interest in the Real Property. X Fee simple ownership of the Real Property. A Real Property/Facility Lease for the Real Property that complies with the requirements contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) An easement for the Real Property that complies with the requirements contained in Section 2.06. (If the term of the easement is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) Ownership Interest in, if applicable, the Facility. Fee simple ownership of the Facility. A Real Property/Facility Lease for the Facility that complies with all of the requirements contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ______________.) X Not applicable because there is no Facility. 10 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 105 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 2.03 Use of Grant Proceeds. The Public Entity shall use the Program Grant solely to reimburse itself for expenditures it has already made, or will make, in the performance of the following activities, and may not use the Program Grant for any other purpose. (Check all appropriate boxes.) Acquisition of fee simple title to the Real Property. Acquisition of a leasehold interest in the Real Property. Acquisition of an easement for the Real Property. X Improvement of the Real Property. Acquisition of fee simple title to the Facility. Acquisition of a leasehold interest in the Facility. Construction of the Facility. Renovation of the Facility. X Remove and/or plant shade trees on public land as described in the Deliverables.. (Describe other or additional purposes.) Section 2.04 Operation of the Real Property and Facility. The Real Property and, if applicable, Facility must be used by the Public Entity or the Public Entity must cause such Real Property and, if applicable, Facility to be used for those purposes required by the State Program and in accordance with the information contained in the Grant Application, or for such other purposes and uses as the Minnesota legislature may from time to time designate, and for no other purposes or uses. The Public Entity may enter into Use Contracts with Counterparties for the operation of all or any portion of the Real Property and, if applicable, Facility; provided that all such Use Contracts must have been approved, in writing, by the Commissioner of MMB and fully comply with all of the provisions contained in Sections 3.01, 3.02 and 3.03. The Public Entity must, whether it is operating the Real Property and, if applicable, Facility or has contracted with a Counterparty under a Use Contract to operate all or any portion of the Real Property and, if applicable, Facility, annually determine that the Real Property and, if applicable, Facility is being used for the purpose required by this Agreement, and shall annually supply a statement, sworn to before a notary public, to such effect to the State Entity and the Commissioner of MMB. 11 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 106 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants For those programs, if any, that the Public Entity will directly operate on all or any portion of the Real Property and, if applicable, Facility, the Public Entity covenants with and represents and warrants to the State Entity that: (i) it has the ability and a plan to fund such programs, (ii) it has demonstrated such ability by way of a plan that it submitted to the State Entity, and (iii) it will annually adopt, by resolution, a budget for the operation of such programs that clearly shows that forecast program revenues along with other funds available for the operation of such program will be equal to or greater than forecast program expenses for each fiscal year, and will supply to the State Entity and the Commissioner of MMB certified copies of such resolution and budget. For those programs, if any, that will be operated on all or any portion of the Real Property and, if applicable, Facility by a Counterparty under a Use Contract, the Public Entity covenants with and represents and warrants to the State Entity that: (i) it will not enter into such Use Contract unless the Counterparty has demonstrated that it has the ability and a plan to fund such program, (ii) it will require the Counterparty to provide an initial program budget and annual program budgets that clearly show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iii) it will promptly review all submitted program budgets to determine if such budget clearly and accurately shows that the forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iv) it will reject any program budget that it believes does not accurately reflect forecast program revenues or expenses or does not show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, and require the Counterparty to prepare and submit a revised program budget, and (v) upon receipt of a program budget that it believes accurately reflects forecast program revenues and expenses and that shows that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, it will approve such budget by resolution and supply to the State Entity and the Commissioner of MMB certified copies of such resolution and budget. Section 2.05 Public Entity Representations and Warranties. The Public Entity further covenants with, and represents and warrants to the State Entity as follows: A.It has legal authority to enter into, execute, and deliver this Agreement, the Declaration, and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B.It has legal authority to use the Program Grant for the purpose or purposes described in the State Program Enabling Legislation. C.It has legal authority to operate the State Program and the Real Property and, if applicable, Facility for the purposes required by the State Program and for the functions and activities proposed in the Grant Application. 12 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 107 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants D.This Agreement, the Declaration, and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. E.It will comply with all of the terms, conditions, provisions, covenants, requirements, and warranties in this Agreement, the Declaration, and all other documents referred to herein. F.It will comply with all of the provisions and requirements contained in and imposed by the G.O. Compliance Legislation, the Commissioner’s Order, and the State Program. G.It has made no material false statement or misstatement of fact in connection with its receipt of the Program Grant, and all of the information it has submitted or will submit to the State Entity or Commissioner of MMB relating to the Program Grant or the disbursement of any of the Program Grant is and will be true and correct. H.It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property and, if applicable, Facility, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. I.Neither the execution and delivery of this Agreement, the Declaration, or any document referred to herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound. J.The contemplated use of the Real Property and, if applicable, Facility will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K.The Project will be completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. L.All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. M.All applicable licenses, permits and bonds required for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been, or will be, obtained. 13 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 108 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants N.It will operate, maintain, and manage the Real Property and, if applicable, Facility or cause the Real Property and, if applicable, Facility, to be operated, maintained and managed in compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and, if applicable, Facility. O.It will fully enforce the terms and conditions contained in any Use Contract. P.It has complied with the matching funds requirement, if any, contained in Section 7.23. Q.It will not, without the prior written consent of the State Entity and the Commissioner of MMB, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Public Entity’s ownership interest in the Real Property or, if applicable, Facility, or the Counterparty’s interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the Real Property and, if applicable, Facility in the manner specified in Section 2.04, and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. R.It reasonably expects to possess the ownership interest in the Real Property and, if applicable, Facility described Section 2.02 for the entire Useful Life of the Real Property and, if applicable, Facility, and it does not expect to sell such ownership interest. S.It does not reasonably expect to receive payments under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract or to pay the principal, interest, redemption premiums, and other expenses on any Approved Debt. T.It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the Program Grant to complete and fully pay for the Project. U.The Construction Items will be completed substantially in accordance with the Construction Contract Documents by the Completion Date, and all such items along with, if applicable, the Facility will be situated entirely on the Real Property. 14 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 109 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants V. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and laws bearing on its performance under the Construction Contract Documents. W. It has or will promptly record a fully executed Declaration with the appropriate governmental office and deliver a copy thereof to the State Entity and to Minnesota Management and Budget (attention: Capital Projects Manager) that contains all of the recording information. X. The Useful Life of the Real Property and, if applicable, Facility is 30 years. Y. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either the State Entity or the Commissioner of MMB. Section 2.06 Ownership by Leasehold or Easement. This Section shall only apply if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is by way of a Real Property/Facility Lease or an easement. For all other circumstances this Section is not needed and should be ignored and treated as if it were left blank, and any reference to this Section in this Agreement shall be ignored and treated as if the reference did not exist. A. A Real Property/Facility Lease or easement must comply with the following provisions. 1. It must be in form and contents acceptable to the Commissioner of MMB, and specifically state that it may not be modified, restated, amended, changed in any way, or prematurely terminated or cancelled without the prior written consent and authorization by the Commissioner of MMB. 2. It must be for a term that is equal to or greater than 125% of the Useful Life of the Real Property and, if applicable, Facility, or such other period of time specifically authorized by a Minnesota statute, rule or session law. 3. Any payments to be made under it by the Public Entity, whether designated as rent or in any other manner, must be by way of a single lump sum payment that is due and payable on the date that it is first made and entered into. 4. It must not contain any requirements or obligations of the Public Entity that if not complied with could result in a termination thereof. 5. It must contain a provision that provides sufficient authority to allow the Public Entity to operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 15 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 110 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants 6.It must not contain any provisions that would limit or impair the Public Entity’s operation of the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 7.It must contain a provision that prohibits the Lessor/Grantor from creating or allowing, without the prior written consent of the State Entity and the Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Leased/Easement Premises or the Lessor’s/Grantor’s interest in the Real Property/Facility Lease or easement, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent to any such lien or encumbrance if the holder of such lien or encumbrance executes and files of record a document under which such holder subordinates such lien or encumbrance to the Real Property/Facility Lease or easement and agrees that upon foreclosure of such lien or encumbrance to be bound by and comply with all of the terms, conditions and covenants contained in the Real Property/Facility Lease or easement as if such holder had been an original Lessor/Grantor under the Real Property/Facility Lease or easement. 8.It must acknowledge the existence of this Agreement and contain a provision that the terms, conditions and provisions contained in this Agreement shall control over any inconsistent or contrary terms, conditions and provisions contained in the Real Property/Facility Lease or easement. 9.It must provide that any use restrictions contained therein only apply as long as the Public Entity is the lessee under the Real Property/Facility Lease or grantee under the easement, and that such use restrictions will terminate and not apply to any successor lessee or grantee who purchases the Public Entity’s ownership interest in the Real Property/Facility Lease or easement. Provided, however, it may contain a provisions that limits the construction of any new structures on the Real Property or modifications of any existing structures on the Real Property without the written consent of Lessor/Grantor, which will apply to any such successor lessee or grantee. 10.It must allow for a transfer thereof in the event that the lessee under the Real Property/Lease or grantee under the easement makes the necessary determination to sell its interest therein, and allow such interest to be transferred to the purchaser of such interest. 11.It must contain a provision that prohibits and prevents the sale of the underlying fee interest in the Real Property and, if applicable, Facility without first obtaining the written consent of the Commissioner of MMB. 12 The Public Entity must be the lessee under the Real Property/Lease or grantee under the easement. 16 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 111 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants B.The provisions contained in this Section are not intended to and shall not prevent the Public Entity from including additional provisions in the Real Property/Facility Lease or easement that are not inconsistent with or contrary to the requirements contained in this Section. C.The expiration of the term of a Real Property/Facility Lease or easement shall not be an event that requires the Public Entity to reimburse the State Entity for any portion of the Program Grant, and upon such expiration the Public Entity’s ownership interest in the Real Property and, if applicable, Facility shall no longer be subject to this Agreement. D.The Public Entity shall fully and completely comply with all of the terms, conditions and provisions contained in a Real Property/Facility Lease or easement, and shall obtain and file, in the Office of the County Recorder or the Registrar of Titles, whichever is applicable, the Real Property/Facility Lease or easement or a short form or memorandum thereof. Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the State Entity or the Commissioner of MMB giving the Public Entity 30 days written notice of such event and the Public Entity’s failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months unless otherwise consented to, in writing, by the State Entity and the Commissioner of MMB. A.If any representation, covenant, or warranty made by the Public Entity in this Agreement, in any Draw Requisition, in any other document furnished pursuant to this Agreement, or in order to induce the State Entity to disburse any of the Program Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B.If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. C.If the Public Entity fails to fully comply with any provision, term, condition, covenant or warranty contained in the G.O. Compliance Legislation, the Commissioner’s Order, or the State Program Enabling Legislation. D.If the Public Entity fails to complete the Project, or cause the Project to be completed, by the Completion Date. E.If the Public Entity fails to provide and expend the full amount of the matching funds, if any, required under Section 7.23 for the Project. 17 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 112 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants F.If the Public Entity fails to record the Declaration and deliver copies thereof as set forth in Section 2.05.W. Notwithstanding the foregoing, any of the above delineated events that cannot be cured shall, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an Event of Default under this Agreement immediately upon either the State Entity or the Commissioner of MMB giving the Public Entity written notice of such event. Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the State Entity, the State Entity or the Commissioner of MMB may enforce any or all of the following remedies. A.The State Entity may refrain from disbursing the Program Grant; provided, however, the State Entity may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B.If the Event of Default involves a failure to comply with any of the provisions contained herein other than the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Outstanding Balance of the Program Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner of MMB. C.If the Event of Default involves a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Public Entity shall pay such amount to the Commissioner of MMB. D.Either the State Entity or the Commissioner of MMB, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the State Entity or the Commissioner of MMB would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained in this Agreement within 30 days of demand by the Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of the State Entity and/or the Commissioner of MMB, then such amount may, unless precluded by law, be taken from or off-set against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.09 Notification of Event of Default. The Public Entity shall furnish to the State Entity and the Commissioner of MMB, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which 18 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 113 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.10 Survival of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.12 and at the end of its term in accordance with the provisions contained in Section 2.11. Section 2.11 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property and, if applicable, Facility to the date on which the Real Property and, if applicable, Facility is first used for the operation of the State Program after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the Commissioner of MMB shall execute whatever documents are needed to release the Real Property and, if applicable, Facility from the effect of this Agreement and the Declaration. Section 2.12 Modification and/or Early Termination of Grant. If the Project is not started on or before the date that is 5 years from the effective date of this Agreement or all of the Program Grant has not been disbursed as of the date that is 4 years from the date on which the Project is started, or such later dates to which the Public Entity and the State Entity may agree in writing, then the State Entity’s obligation to fund the Program Grant shall terminate. In such event, (i) if none of the Program Grant has been disbursed by such dates then the State Entity’s obligation to fund any portion of the Program Grant shall terminate and this Agreement shall terminate and no longer be of any force or effect, and (ii) if some but not all of the Program Grant has been disbursed by such dates then the State Entity shall have no further obligation to provide any additional funding for the Program Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount of the Program Grant that was actually disbursed as of such date. This provision shall not, in any way, affect the Public Entity’s obligation to complete the Project by the Completion Date. This Agreement shall also terminate and no longer be of any force or effect upon the Public Entity’s sale of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01 and transmittal of all or a portion of the proceeds of such sale to the Commissioner of MMB in compliance with the provisions contained in Section 4.02, or upon the termination of Public Entity’s ownership interest in the Real Property and, if applicable, Facility if such ownership interest is by way of an easement or under a Real Property/Facility Lease. Upon such termination the State Entity shall execute, or have executed, and deliver to the Public Entity such documents as are required to release the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, from the effect of this Agreement and the Declaration. 19 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 114 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section. 2.13 Excess Funds. If the full amount of the Program Grant and any matching funds referred to in Section 7.23 are not needed to complete the Project, then, unless language in the State Program Enabling Legislation indicates otherwise, the Program Grant shall be reduced by the amount not needed. Article III USE CONTRACTS This Article III and its contents is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate any portion of the Real Property, and if applicable, Facility. For all other circumstances this Article III and its contents are not needed and should be ignored and treated as if it were left blank, and any reference to this Article III, its contents, and the term Use Contract in this Agreement shall be ignored and treated as if the references did not exist. Section 3.01 General Provisions. If the Public Entity has statutory authority to enter into a Use Contract, then it may enter into Use Contracts for various portions of the Real Property and, if applicable, Facility; provided that each and every Use Contract that the Public Entity enters into must comply with the following requirements: A.The purpose for which it was entered into must be to operate the State Program in the Real Property and, if applicable, Facility. B.It must contain a provision setting forth the statutory authority under which the Public Entity is entering into such contract, and must comply with the substantive and procedural provisions of such statute. C.It must contain a provision stating that it is being entered into in order for the Counterparty to operate the State Program and must describe such program. D.It must contain a provision that will provide for oversight by the Public Entity. Such oversight may be accomplished by way of a provision that will require the Counterparty to provide to the Public Entity: (i) an initial program evaluation report for the first fiscal year that the Counterparty will operate the State Program, (ii) program budgets for each succeeding fiscal year showing that forecast program revenues and additional revenues available for the operation of the State Program (from all sources) by the Counterparty will equal or exceed expenses for such operation for each succeeding fiscal year, and (iii) a mechanism under which the Public Entity will annually determine that the Counterparty is using the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract to operate the State Program. E.It must allow for termination by the Public Entity in the event of a default thereunder by the Counterparty, or in the event that the State Program is terminated or changed in a manner that precludes the operation of such program in the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract. 20 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 115 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants F. It must terminate upon the termination of the statutory authority under which the Public Entity is operating the State Program. G. It must require the Counterparty to pay all costs of operation and maintenance of that portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract, unless the Public Entity is authorized by law to pay such costs and agrees to pay such costs. H. If the Public Entity pays monies to a Counterparty under a Use Contract, such Use Contract must meet the requirements of Rev. Proc. 97-13, 1997-1 CB 632, so that such Use Contract does not result in “private business use” under Section 141(b) of the Code. I. It must be approved, in writing, by the Commissioner of MMB, and any Use Contract that is not approved, in writing, by the Commissioner of MMB shall be null and void and of no force or effect. J. It must contain a provision requiring that each and every party thereto shall, upon direction by the Commissioner of MMB, take such actions and furnish such documents to the Commissioner of MMB as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal income taxation. K. It must contain a provision that prohibits the Counterparty from creating or allowing, without the prior written consent of the State Entity and the Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Real Property or, if applicable, Facility, the Public Entity’s ownership interest in the Real Property or, if applicable, Facility, or the Counterparty’s interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent, in writing, to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract in the manner specified in Section 2.04 and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. L. If the amount of the Program Grant exceeds $200,000.00, then it must contain a provision requiring the Counterparty to list any vacant or new positions it may have with state workforce centers as required by Minn. Stat. § 116L.66, as it may be amended, modified or replaced from time to time, for the term of the Use Contract. M. It must contain a provision that clearly states that the Public Entity is not required to renew the Use Contract beyond the original term thereof and that the Public Entity may, 21 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 116 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants at its sole option and discretion, allow the Use Contract to expire at the end of its original term and thereafter directly operate the governmental program in the Real Property and, if applicable, Facility or contract with some other entity to operate the governmental program in the Real Property and, if applicable, Facility. Section 3.02 Initial Term and Renewal. The initial term for a Use Contract may not exceed the lesser of (i) 50% of the Useful Life of the Real Property and, if applicable, Facility for the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract, or (ii) the shortest term of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility. A Use Contract may allow for renewals beyond its initial term on the conditions that (a) the term of any renewal may not exceed the initial term, (b) the Public Entity must make a determination that renewal will continue to carry out the State Program and that the Counterparty is suited and able to perform the functions contained in Use Contract that is to be renewed, (c) the Use Contract may not include any provisions that would require, either directly or indirectly, the Public Entity to either make the determination referred to in this Section or to renew the Use Contract with the Counterparty after the expiration of the initial term or any renewal term, and (d) no such renewal may occur prior to the date that is 6 months prior to the date on which the Use Contract is scheduled to terminate. Provided, however, notwithstanding anything to the contrary contained herein the Public Entity’s voluntary agreement to reimburse the Counterparty for any investment that the Counterparty provided for the acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the Use Contract if the Public Entity does not renew a Use Contract if requested by the Counterparty is not deemed to be a provision that directly or indirectly requires the Public Entity to renew such Use Contract. Section 3.03 Reimbursement of Counterparty. A Use Contract may but need not contain, at the sole option and discretion of the Public Entity, a provision that requires the Public Entity to reimburse the Counterparty for any investment that the Counterparty provided for the acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the Use Contract if the Public Entity does not renew a Use Contract if requested by the Counterparty. If agreed to by the Public Entity, such reimbursement shall be on terms and conditions agreed to by the Public Entity and the Counterparty. Section 3.04 Receipt of Monies Under a Use Contract. The Public Entity does not anticipate the receipt of any funds under a Use Contract; provided, however, if the Public Entity does receive any monies under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of a Use Contract, and to pay the principal, interest, redemption premiums, and other expenses on Approved Debt, then a portion of such excess monies must be paid by the Public Entity to the Commissioner of MMB. The portion of such excess monies that the Public Entity must and shall pay to the Commissioner of MMB shall be determined by the Commissioner of MMB, and absent circumstances which would indicate otherwise such portion shall be determined by multiplying such excess monies by a fraction the numerator of which is the Program Grant and the denominator of which is sum of the Program Grant and the Approved Debt. 22 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 117 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants Article IV SALE Section 4.01 Sale. The Public Entity shall not sell any part of its ownership interest in the Real Property and, if applicable, Facility unless all of the following provisions have been complied with fully. A.The Public Entity determines, by official action, that such ownership interest is no longer usable or needed for the operation of the State Program, which such determination may be based on a determination that the portion of the Real Property or, if applicable, Facility to which such ownership interest applies is no longer suitable or financially feasible for such purpose. B.The sale is made as authorized by law. C.The sale is for Fair Market Value. D.The written consent of the Commissioner of MMB has been obtained. The acquisition of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or enforcement of a security interest in personal property used in the operation thereof, by a lender that has provided monies for the acquisition of the Public Entity’s ownership interest in or betterment of the Real Property and, if applicable, Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and, if applicable, Facility in a manner which is not inconsistent with the requirements imposed under Section 2.04 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender’s ultimate sale or disposition of the acquired interest in the Real Property and, if applicable, Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 4.02. The Public Entity may participate in any public auction of its ownership interest in the Real Property and, if applicable, Facility and bid thereon; provided that the Public Entity agrees that if it is the successful purchaser it will not use any part of the Real Property or, if applicable, Facility for the State Program. Section 4.02 Proceeds of a Sale. Upon the sale of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility the proceeds thereof after the deduction of all costs directly associated and incurred in conjunction with such sale and such other costs that are approved, in writing by the Commissioner of MMB, but not including the repayment of any debt associated with the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, shall be disbursed in the following manner and order. 23 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 118 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants A.The first distribution shall be to the Commissioner of MMB in an amount equal to the Outstanding Balance of the Program Grant, and if the amount of such net proceeds shall be less than the amount of the Outstanding Balance of the Program Grant then all of such net proceeds shall be distributed to the Commissioner of MMB. B.The remaining portion, after the distribution specified in Section 4.02.A, shall be distributed to (i) pay in full any outstanding Approved Debt, (ii) reimburse the Public Entity for its Ownership Value, and (iii) to pay interested public and private entities, other than any such entity that has already received the full amount of its contribution (such as the State Entity under Section 4.02.A and the holders of Approved Debt paid under this Section 4.02.B), the amount of money that such entity contributed to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs. If such remaining portion is not sufficient to reimburse interested public and private entities for the full amount that such entities contributed to the acquisition or betterment of the Real Property and, if applicable, Facility, then the amount available shall be distributed as such entities may agree in writing, and if such entities cannot agree by an appropriately issued court order. C.The remaining portion, after the distributions specified in Sections 4.02.A and B, shall be divided and distributed to the State Entity, the Public Entity, and any other public and private entity that contributed funds to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs, other than lenders who supplied any of such funds, in proportion to the contributions that the State Entity, the Public Entity, and such other public and private entities made to the acquisition and betterment of the Real Property and, if applicable, Facility as such amounts are part of the Ownership Value, Initial Acquisition and Betterment Costs, and Subsequent Betterment Costs. The distribution to the State Entity shall be made to the Commissioner of MMB, and the Public Entity may direct its distribution to be made to any other entity including, but not limited to, a Counterparty. All amounts to be disbursed under this Section 4.02 must be consented to, in writing, by the Commissioner of MMB, and no such disbursements shall be made without such consent. The Public Entity shall not be required to pay or reimburse the State Entity or the Commissioner of MMB for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the Outstanding Balance of the Program Grant. 24 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 119 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants Article V COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER’S ORDER Section 5.01 State Bond Financed Property. The Public Entity and the State Entity acknowledge and agree that the Public Entity’s ownership interest in the Real Property and, if applicable, Facility is, or when acquired by the Public Entity will be, “state bond financed property”, as such term is used in the G.O. Compliance Legislation and the Commissioner’s Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to the Public Entity’s ownership interest in the Real Property and, if applicable, Facility and any Use Contracts relating thereto. Section 5.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows: A.It will not use the Real Property or, if applicable, Facility, or use or invest the Program Grant or any other sums treated as “bond proceeds” under Section 148 of the Code including “investment proceeds,” “invested sinking funds,” and “replacement proceeds,” in such a manner as to cause the G.O. Bonds to be classified as “arbitrage bonds” under Section 148 of the Code. B.It will deposit into and hold all of the Program Grant that it receives under this Agreement in a segregated non-interest bearing account until such funds are used for payments for the Project in accordance with the provisions contained herein. C.It will, upon written request, provide the Commissioner of MMB all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof, with respect to the GO Bonds. D.It will, upon the occurrence of any act or omission by the Public Entity or any Counterparty that could cause the interest on the GO Bonds to no longer be tax exempt and upon direction from the Commissioner of MMB, take such actions and furnish such documents as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include either: (i) compliance with proceedings intended to classify the G.O. Bonds as a “qualified bond” within the meaning of Section 141(e) of the Code, (ii) changing the nature or terms of the Use Contract so that it complies with Revenue Procedure 97-13, as amended by Rev. Proc 2016-44 and Rev. Proc. 2017-13, with Revenue Procedure 97-13, as amended by Rev. Proc 2016-44 and Rev. Proc. 2017-13, or (iii) changing the nature of the use of the Real Property or, if applicable, Facility so that none of the net proceeds of the G.O. Bonds will be used, directly or indirectly, in an “unrelated trade or business” or for any “private business use” (within the meaning of Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. 25 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 120 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants E.It will not otherwise use any of the Program Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor omit to take any action necessary to maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof.. Section 5.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. In the event that the G.O. Compliance Legislation or the Commissioner’s Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity’s ownership interest in the Real Property or, if applicable, Facility is exempt from the G.O. Compliance Legislation and the Commissioner’s Order, then upon written request by the Public Entity the State Entity shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity’s ownership interest in the Real Property and, if applicable, Facility from the G.O. Compliance Legislation or the Commissioner’s Order. Article VI DISBURSEMENT OF GRANT PROCEEDS Section 6.01 The Advances. The State Entity agrees, on the terms and subject to the conditions set forth herein, to make Advances from the Program Grant to the Public Entity from time to time in an aggregate total amount not to exceed the amount of the Program Grant. If the amount of Program Grant that the State Entity cumulatively disburses hereunder to the Public Entity is less than the amount of the Program Grant delineated in Section 1.01, then the State Entity and the Public Entity shall enter into and execute whatever documents the State Entity may request in order to amend or modify this Agreement to reduce the amount of the Program Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in Section 2.11, the State Entity’s obligation to make Advances shall terminate as of the dates specified in such Section even if the entire Program Grant has not been disbursed by such dates. Advances shall only be for expenses that (i) are for those items of a capital nature for the Project, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the Program Grant, or (iii) have otherwise been consented to, in writing, by the State Entity and the Commissioner of MMB. It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section 7.23. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time shall not exceed the portion of the Project that has been completed and the percentage of the matching funds required, if any, under Section 7.23 that have been disbursed as of such point in time. This requirement is expressed by way of the following two formulas: 26 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 121 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants Formula #1 Cumulative Advances < (Program Grant) × (percentage of matching funds, if any, required under Section 7.23 that have been disbursed) Formula #2 Cumulative Advances < (Program Grant) × (percentage of Project completed) Section 6.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion of the Program Grant, which shall be no more often than once each calendar month, the Public Entity shall submit to the State Entity a Draw Requisition duly executed on behalf of the Public Entity or its designee. Each Draw Requisition shall be submitted on or between the 1st day and the 15th day of the month in which an Advance is requested, and shall be submitted at least 7 calendar days before the date the Advance is desired. Each Draw Requisition with respect to construction items shall be limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as approved by the Public Entity and the State Entity, plus (ii) the value of materials and equipment not incorporated in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to the State Entity, less (iii) any applicable retainage, and less (iv) all prior Advances. Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Real Property will be made by the State Entity unless the Public Entity shall advise the State Entity, in writing, of its intention to so store materials prior to their delivery and the State Entity has not objected thereto. At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Public Entity shall submit to the State Entity such supporting evidence as may be requested by the State Entity to substantiate all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments then made with respect to the Project. At the time of submission of the final Draw Requisition which shall not be submitted before completion of the Project, including all landscape requirements and off-site utilities and streets needed for access to the Real Property and, if applicable, Facility and correction of material defects in workmanship or materials (other than the completion of punch list items) as provided in the Construction Contract Documents, the Public Entity shall submit to the State Entity: (i) such supporting evidence as may be requested by the State Entity to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having jurisdiction has been duly inspected and approved by such authorities, and that all requisite certificates of occupancy and other approvals have been issued. If on the date an Advance is desired the Public Entity has complied with all requirements of this Agreement and the State Entity approves the relevant Draw Requisition and receives a current construction report from the Inspecting Engineer recommending payment, then the State Entity shall disburse the amount of the requested Advance to the Public Entity. 27 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 122 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 6.03 Additional Funds. If the State Entity shall at any time in good faith determine that the sum of the undisbursed amount of the Program Grant plus the amount of all other funds committed to the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the Project, then the State Entity may send written notice thereof to the Public Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the Project. The Public Entity agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity supply the amount of funds specified in the State Entity's notice. Section 6.04 Conditions Precedent to Any Advance. The obligation of the State Entity to make any Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent: A.The State Entity shall have received a Draw Requisition for such Advance specifying the amount of funds being requested, which such amount when added to all prior requests for an Advance shall not exceed the amount of the Program Grant delineated in Section 1.01. B.The State Entity shall have either received a duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon, or evidence that such Declaration will promptly be recorded and delivered to the State Entity. C.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Declaration are binding on and enforceable against the Public Entity. D.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project and all other expenses that may occur in conjunction therewith. E.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity is in compliance with the matching funds requirements, if any, contained in Section 7.23. F.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, showing that the Public Entity possesses the ownership interest delineated in Section 2.02. G.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Real Property and, if applicable, Facility, and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and, if required by law, have been duly approved by the applicable municipal or governmental authorities having jurisdiction thereover. 28 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 123 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants H.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required building permits, other permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. I.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required permits, bonds and licenses necessary for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. J.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Project will be completed in a manner that will allow the Real Property and, if applicable, Facility to be operated in the manner specified in Section 2.04. K.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has the ability and a plan to fund the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04. L.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the insurance requirements under Section 7.01 have been satisfied. M.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, of compliance with the provisions and requirements specified in Section 7.10 and all additional applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time. Such evidence shall include, but not be limited to, evidence that: (i) the predesign package referred to in Section 7.10.B has, if required, been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii) the program plan and cost estimates referred to in Section 7.10.C have, if required, received a recommendation by the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota Senate Capital Investment Committee have, if required, been notified pursuant to Section 7.10.G. N.No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. 29 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 124 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants O.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Contractor will complete the Construction Items substantially in conformance with the Construction Contract Documents and pay all amounts lawfully owing to all laborers and materialmen who worked on the Construction Items or supplied materials therefor, other than amounts being contested in good faith. Such evidence may be in the form of payment and performance bonds in amounts equal to or greater than the amount of the fixed price or guaranteed maximum price contained in the Construction Contract Documents that name the State Entity and the Public Entity dual obligees thereunder, or such other evidence as may be acceptable to the Public Entity and the State Entity. P.No determination shall have been made by the State Entity that the amount of funds committed to the Project is less than the amount required to pay all costs and expenses of any kind that may reasonably be anticipated in connection with the Project, or if such a determination has been made and notice thereof sent to the Public Entity under Section 6.03, then the Public Entity has supplied, or has caused some other entity to supply, the necessary funds in accordance with such section or has provided evidence acceptable to the State Entity that sufficient funds are available. Q.The Public Entity has supplied to the State Entity all other items that the State Entity may reasonably require. Section 6.05 Construction Inspections. The Public Entity and the Architect, if any, shall be responsible for making their own inspections and observations of the Construction Items, and shall determine to their own satisfaction that the work done or materials supplied by the Contractors to whom payment is to be made out of each Advance has been properly done or supplied in accordance with the Construction Contract Documents. If any work done or materials supplied by a Contractor are not satisfactory to the Public Entity or the Architect, if any, or if a Contractor is not in material compliance with the Construction Contract Documents in any respect, then the Public Entity shall immediately notify the State Entity, in writing. The State Entity and the Inspecting Engineer, if any, may conduct such inspections of the Construction Items as either may deem necessary for the protection of the State Entity's interest, and that any inspections which may be made of the Project by the State Entity or the Inspecting Engineer, if any, are made and all certificates issued by the Inspecting Engineer, if any, will be issued solely for the benefit and protection of the State Entity, and the Public Entity will not rely thereon. Article VII MISCELLANEOUS Section 7.01 Insurance. The Public Entity shall, upon acquisition of the ownership interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the full insurable value thereof (i) by self insuring under a program of self insurance legally adopted, maintained and adequately funded by the Public Entity, or (ii) by way of builders risk insurance and fire and extended coverage insurance with a deductible in an amount acceptable to the State Entity under which the State Entity and the Public Entity are named as loss payees. If damages which are covered by such required insurance occur, then the Public Entity shall, at its sole option and discretion, either: (y) use or cause the insurance proceeds to be used to fully or partially repair 30 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 125 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (z) sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith in accordance with the provisions contained in Section 4.01. If the Public Entity elects to only partially repair such damage, then the portion of the insurance proceeds not used for such repair shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity’s ownership interest in the Real Property and Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the Real Property and Facility. If the Public Entity elects to sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. The State Entity agrees to and will assign or pay over to the Public Entity all insurance proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes thereon as to the use of such insurance proceeds. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property and, if applicable, Facility, then the Public Entity shall have the State Entity named as an additional named insured therein. The Public Entity may require a Counterparty to provide and maintain any or all of the insurance required under this Section; provided that the Public Entity continues to be responsible for the providing of such insurance in the event that the Counterparty fails to provide or maintain such insurance. At the written request of either the State Entity or the Commissioner of MMB, the Public Entity shall promptly furnish to the requesting entity all written notices and all paid premium receipts received by the Public Entity regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance. If the Public Entity fails to provide and maintain the insurance required under this Section, then the State Entity may, at its sole option and discretion, obtain and maintain insurance of an equivalent nature and any funds expended by the State Entity to obtain or maintain such insurance shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365-day year. Provided, however, nothing contained herein, including but not limited to this Section, shall require the State Entity to obtain or maintain such insurance, and the State Entity’s decision to not obtain or maintain such insurance shall not lessen the Public Entity’s duty to obtain and maintain such insurance. 31 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 126 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 7.02 Condemnation. If after the Public Entity has acquired the ownership interest delineated in Section 2.02 all or any portion of the Real Property and, if applicable, Facility is condemned to an extent that the Public Entity can no longer comply with the provisions contained in Section 2.04, then the Public Entity shall, at its sole option and discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in additional real property needed for the Public Entity to continue to comply with the provisions contained in Section 2.04 and, if applicable, to fully or partially restore the Facility and to provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore, if applicable, the Facility shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity’s ownership interest in the Real Property and, if applicable, Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the remaining Real Property and, if applicable, Facility. If the Public Entity elects to sell its ownership interest in the portion of the Real Property and, if applicable, Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As recipient of any of condemnation awards or proceeds referred to herein, the State Entity agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation awards or proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes upon the Public Entity as to the use of such condemnation awards or proceeds. Section 7.03 Use, Maintenance, Repair and Alterations. The Public Entity shall (i) keep the Real Property and, if applicable, Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Real Property and promptly restore in like manner any portion of the Facility, if applicable, which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real Property or, if applicable, Facility, or any part thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (v) comply with the provisions of any Real Property/Facility Lease if the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, is a leasehold interest, (vi) comply with the provisions of any easement if its ownership interest in the Real Property and, if applicable, Facility is by way of such easement, and (vii) comply with the provisions of any condominium documents and any applicable reciprocal easement or operating agreements if the Real Property and, if applicable, Facility, is part of a condominium regime or is subject to a reciprocal easement or use contract. 32 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 127 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants The Public Entity shall not, without the written consent of the State Entity and the Commissioner of MMB, (a) permit or suffer the use of any of the Real Property or, if applicable, Facility, for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish or substantially alter any of the Real Property or, if applicable, Facility, except such alterations as may be required by laws, ordinances or regulations or such other alterations as may improve such Real Property or, if applicable, Facility by increasing the value thereof or improving its ability to be used to operate the State Program thereon or therein, (c) do any act or thing which would unduly impair or depreciate the value of the Real Property or, if applicable, Facility, (d) abandon the Real Property or, if applicable, Facility, (e) commit or permit any waste or deterioration of the Real Property or, if applicable, Facility, (f) remove any fixtures or personal property from the Real Property or, if applicable, Facility, that was paid for with the proceeds of the Program Grant unless the same are immediately replaced with like property of at least equal value and utility, or (g) commit, suffer or permit any act to be done in or upon the Real Property or, if applicable, Facility, in violation of any law, ordinance or regulation. If the Public Entity fails to maintain the Real Property and, if applicable, Facility in accordance with the provisions contained in this Section, then the State Entity may perform whatever acts and expend whatever funds that are necessary to so maintain the Real Property and, if applicable, Facility and the Public Entity irrevocably authorizes and empowers the State Entity to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or funds expended by the State Entity hereunder shall be at its sole option and discretion, and nothing contained herein, including but not limited to this Section, shall require the State Entity to take any action, incur any expense, or expend any funds, and the State Entity shall not be responsible for or liable to the Public Entity or any other entity for any such acts that are undertaken and performed in good faith and not in a negligent manner. Any funds expended by the State Entity to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365 day year. Section 7.04 Records Keeping and Reporting. The Public Entity shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the Project and operation of the Real Property and, if applicable, Facility needed to comply with the requirements contained in this Agreement, the G.O. Compliance Legislation, the Commissioner’s Order, and the State Program Enabling Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow the State Entity, auditors for the State Entity, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of such items. The Public Entity shall use or cause the entity which is maintaining such items to use generally accepted accounting principles in the maintenance of such items, and shall retain or cause to be retained (i) all of such items that relate to the Project for a period of 6 years from the date that the Project is fully completed and placed into operation, and (ii) all of such items that relate to the operation of the Real Property and, if applicable, Facility for a period of 6 years from the date such operation is initiated. 33 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 128 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 7.05 Inspections by State Entity. Upon reasonable request by the State Entity and without interfering with the normal use of the Real Property and, if applicable, Facility, the Public Entity shall allow, and will require any entity to whom it leases, subleases, or enters into a Use Contract for any portion of the Real Property and, if applicable, Facility to allow the State Entity to inspect the Real Property and, if applicable, Facility. Section 7.06 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the Program Grant, the Project, or the operation of the Real Property and, if applicable, Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.07 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project, or operation or management of the Real Property and, if applicable, Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that exist as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.08 Worker’s Compensation. The Public Entity agrees to comply with all of the provisions relating to worker’s compensation contained in Minn. Stat. §§ 176.181, subd. 2 and 176.182, as they may be amended, modified or replaced from time to time, with respect to the Project and the operation or management of the Real Property and, if applicable, Facility. Section 7.09 Antitrust Claims. The Public Entity hereby assigns to the State Entity and the Commissioner of MMB all claims it may have for overcharges as to goods or services provided with respect to the Project, and operation or management of the Real Property and, if applicable, Facility that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 7.10 Review of Plans and Cost Estimates. The Public Entity agrees to comply with all applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time, for the Project, and in accordance therewith the Public Entity agrees to comply with the following provisions and requirements if such provisions and requirements are applicable. A.The Public Entity shall provide all information that the State Entity may request in order for the State Entity to determine that the Project will comply with the provisions and requirements contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time. B.Prior to its proceeding with design activities for the Project the Public Entity shall prepare a predesign package and submit it to the Commissioner of Administration for the State of Minnesota for review and comment. The predesign package must be sufficient to define the purpose, scope, cost, and projected schedule for the Project, and must demonstrate 34 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 129 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants that the Project has been analyzed according to appropriate space and needs standards. Any substantial changes to such predesign package must be submitted to the Commissioner of Administration for the State of Minnesota for review and comment. C.If the Project includes the construction of a new building, substantial addition to an existing building, a substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then the Public Entity shall not prepare final plans and specifications until it has prepared a program plan and cost estimates for all elements necessary to complete the Project and presented them to the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee and the chairs have made their recommendations, and it has notified the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota State Senate Capital Investment Committee. The program plan and cost estimates must note any significant changes in the work to be performed on the Project, or in its costs, which have arisen since the appropriation from the legislature for the Project was enacted or which differ from any previous predesign submittal. D.The Public Entity must notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees of any significant changes to the program plan and cost estimates referred to in Section 7.10.C. E.The program plan and cost estimates referred to in Section 7.10.C must ensure that the Project will comply with all applicable energy conservation standards contained in law, including Minn. Stat. §§ 216C.19 to 216C.20, as they may be amended, modified or replaced from time to time, and all rules adopted thereunder. F.If any of the Program Grant is to be used for the construction or remodeling of the Facility, then both the predesign package referred to in Section 7.10.B and the program plan and cost estimates referred to in Section 7.10.C must include provisions for cost- effective information technology investments that will enable the occupant of the Facility to reduce its need for office space, provide more of its services electronically, and decentralize its operations. G.If the Project does not involve the construction of a new building, substantial addition to an existing building, substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then prior to beginning work on the Project the Public Entity shall just notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees that the work to be performed is ready to begin. H.The Project must be: (i) substantially completed in accordance with the program plan and cost estimates referred to in Section 7.10.C, (ii) completed in accordance with the 35 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 130 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants time schedule contained in the program plan referred to in Section 7.10.C, and (iii) completed within the budgets contained in the cost estimates referred to in Section 7.10.C. Provided, however, the provisions and requirements contained in this Section only apply to public lands or buildings or other public improvements of a capital nature, and shall not apply to the demolition or decommissioning of state assets, hazardous material projects, utility infrastructure projects, environmental testing, parking lots, parking structures, park and ride facilities, bus rapid transit stations, light rail lines, passenger rail projects, exterior lighting, fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer separation projects, water and wastewater facilities, port development projects for which the Commissioner of Transportation for the State of Minnesota has entered into an assistance agreement under Minn. Stat. § 457A.04, as it may be amended, modified or replaced from time to time, ice centers, local government projects with a construction cost of less than $1,500,000.00, or any other capital project with a construction cost of less than $750,000.00. Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect to the Project and the operation of the State Program on or in the Real Property and, if applicable, Facility. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project or the operation of the State Program on or in the Real Property and, if applicable, Facility. Section 7.12 Liability. The Public Entity and the State Entity agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. The liability of the State Entity and the Commissioner of MMB is governed by the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from time to time. If the Public Entity is a “municipality” as such term is used in Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Public Entity, including but not limited to the indemnification provided under Section 7.13, is governed by the provisions contained in such Chapter 466. Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all loss, expense (including attorneys’ fees), and damage in connection with the Project and operation of the Real Property and, if applicable, Facility, and agrees to indemnify and hold harmless the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees from all claims, demands and judgments made or recovered against the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages to property of the State Entity, the Commissioner of MMB, or the State of Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the Project or operation of the Real Property and, if applicable, Facility, whether or not due 36 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 131 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants to any act of omission or commission, including negligence of the Public Entity or any contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence or breach of statutory duty) of the State Entity, the Commissioner of MMB, or the State of Minnesota, their employees, servants or agents. The Public Entity further agrees to indemnify, save, and hold the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Public Entity, its officers, employees, or agents, or by any Counterparty, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 7.06. The Public Entity’s liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance policy. Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co- partners or a joint venture between the Public Entity, the State Entity, or the Commissioner of MMB, nor shall the Public Entity be considered or deemed to be an agent, representative, or employee of the State Entity, the Commissioner of MMB, or the State of Minnesota in the performance of this Agreement, the Project, or operation of the Real Property and, if applicable, Facility. The Public Entity represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the Project, and the operation and maintenance of the Real Property and, if applicable, Facility. All personnel of the Public Entity or other persons while engaging in the performance of this Agreement, the Project, or the operation and maintenance of the Real Property and, if applicable, Facility shall not have any contractual relationship with the State Entity, the Commissioner of MMB, or the State of Minnesota, and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity, its officers, agents, contractors, or employees shall in no way be the responsibility of the State Entity, the Commissioner of MMB, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the State Entity, the Commissioner of MMB, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 7.15 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: 37 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 132 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants To the Public Entity at: City of Mendota Heights 1101 Victoria Curve Mendota Heights , MN 55118 Attention: Krista Spreiter, Natural Resources Coordinator KSpreiter@mendotaheightsmn.gov KSpreiter@mendotaheightsmn.gov 651-255-1123 To the State Entity at: MN Department of Natural Resources, Forestry Division 500 Lafayette Road St Paul , MN 55155 Attention: Valerie McClannahan, Urban and Community Forestry Coordinator valerie.mcclannahan@state.mn.us 651-259-5283 To the Commissioner of MMB at: Minnesota Department of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Section 7.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Public Entity and the State Entity, and their respective successors and assigns. Provided, however, that neither the Public Entity nor the State Entity may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Public Entity or the State Entity unless such change or modification is in writing and signed by an authorized official of the party against which such change or modification is to be imposed. Section 7.17 Waiver. Neither the failure by the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. 38 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 133 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 7.18 Entire Agreement. This Agreement, the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the State Entity, and there are no other agreements, either oral or written, between the Public Entity and the State Entity on the subject matter hereof. Section 7.19 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 7.20 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 7.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 7.22 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 7.24 Source and Use of Funds. The Public Entity represents to the State Entity and the Commissioner of MMB that Attachment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. A.The total cost of the Project detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element. B.The source of all funds needed to complete the Project broken down among the following categories: (i)State funds including the Program Grant, identifying the source and amount of such funds. (ii) Matching funds, identifying the source and amount of such funds. (iii)Other funds supplied by the Public Entity, identifying the source and amount of such funds. (iv)Loans, identifying each such loan, the entity providing the loan, the amount of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. (v)Other funds, identifying the source and amount of such funds. 39 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 134 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. Previously paid project expenses that are to be reimbursed and paid from proceeds of the G.O. Grant may only be included as a source of funds and included in Attachment III if such items have been approved, in writing, by the Commissioner of MMB. If any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Public Entity must provide to the State Entity and the Commissioner of MMB a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the State Entity or the Commissioner of MMB may request to support or explain any of the information contained in Attachment III. The value of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility should only be shown in Attachment III if such ownership interest is being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value should be shown in the definition for Ownership Value in Section 1.01 and not included in such Attachment III. The funds shown in Attachment III and to be supplied for the Project may, subject to any limitations contained in the State Program Enabling Legislation, be provided by either the Public Entity or a Counterparty under a Use Contract. Section 7.25 Project Completion Schedule. The Public Entity represents to the State Entity and the Commissioner of MMB that Attachment IV correctly and accurately delineates the projected schedule for the completion of the Project. Section 7.26 Third-Party Beneficiary. The State Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement. Section 7.27 Public Entity Tasks. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 7.28 State Entity and Commissioner Required Acts and Approvals. The State Entity and the Commissioner of MMB shall not (i) perform any act herein required or authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. 40 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 135 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 7.29 Applicability to Real Property and Facility. This Agreement applies to the Public Entity’s ownership interest in the Real Property and if a Facility exists to the Facility. The term “if applicable” appearing in conjunction with the term “Facility” is meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Public Entity’s ownership interest in the Real Property. Section7.30 E-Verification. The Public Entity agrees and acknowledges that it is aware of Minn. Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such statute and impose a similar requirement in any Use Contract to which it is a party. Section 7.31 Additional Requirements. The Public Entity and the State Entity agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control. Grant Project Deliverables 2023 Shade Tree Program Bonding Grants City of Mendota Heights Deliverables Grant Sum Total: $125,000.00 Grant Parameters •Planting trees can take place without removal. •Removals need to be considered a necessary component of replanting. •Removals conducted on streets and manicured parks must meet a minimum of one tree planted for each tree removed. •Removals conducted in park woodlands must incorporate replanting at a meaningful rate. o Removals in woodlands need to be mitigating a public safety concern or to address degraded ecosystems. o Removals must meet a minimum of one tree planted for five trees removed. Accomplishment Reports As work is completed, thoroughly address all applicable bullet points below. Add in the date of reporting (e.g. 1/1/24) and change the font color of your update to red, to show where information has been added. Continually add to this document over the lifetime of your grant, making sure that all bullet points are addressed by the time of the grant’s completion. A written update must be submitted by each reporting deadline, to ensure project is moving forward and on track to completion. Add written reports below corresponding to each reporting date: July 1, 2024 Update: January 1, 2025 Update: July 1, 2025 Update: 41 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 136 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants January 1, 2026 Update: July 1, 2026 Update: January 1, 2027 Update: July 1, 2027 Update: January 15, 2028 Final Report: Work with DNR to fully execute and report on the impacts of the work plan by meeting the requirements as submitted in the application: Anticipated Accomplishments: Trees Removed-80 Trees Planted-80 Project Overview and Need The City has removed over 250 of its approximately 1,300 public ash trees. The City began removals in 2022, each year expending all budget allotted, with many standing dead and diseased ash remaining. 80 public trees have been identified for removal in 2024 as part of this project, all of which are located in city Rights-of-Way along roads and pedways, and within parks, posing a public safety risk to pedestrians, motorists, and park users. The project described in this application proposes to hire a contractor to remove these trees identified as a public safety risk and replace them at a minimum of a 1:1 ratio with quality tree stock of 1" diameter bare root, or #10 container trees. Species will be chosen based on diversity, climate resilience, and native origin, with a minimum of 75% native species. Replacement trees will be planted in close proximity of the removed tree, unless infeasible due to safety or structural risks or to allow for proper growing conditions of the replacement tree. Replacement trees will be planted by Tree Trust, if accepted into their Community Forestry Program. If this partnership is not possible, the City will choose a qualified tree care service to plant replacement trees. The City will require all hired tree services to have an ISA Certified Arborist on staff. The 20-10-5 diversity rule and the MN DNR's Tree Planting Guide will be followed. The proposed project also includes hiring Tree Trust or a landscape service to aid in watering of newly planted trees, at the cost of the City, and will not be included in grant request for reimbursement. The canopy loss resulting from EAB is and will be significant within the City. Canopy loss creates considerable negative environmental impacts, including increased surface water temperatures, higher surface air temperatures, increased runoff, and increased erosion. The proposed project will mitigate for these impacts by replacing diseased ash trees with high-quality shade trees. The goal of the project is to regain as much canopy loss as possible, while planting species that work towards a more diverse and climate resilient urban forest for future generations. Project Timeline February 2, 2024 - Estimated Program Start Winter 2024 – Select and enter into contractual agreements with tree care service providers for tree planting and care Spring 2024 - Tree Planting Spring 2024 through Fall 2024 – Tree care and watering according to Maintenance Plan Fall 2024 - MILESTONE - 20 Total Trees Planted Fall 2024 - Select and enter into contractual agreement with tree care service provider for tree removal 42 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 137 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants October 2024 - Winter 2025 - Tree Removals (approximately 40 removals) Winter 2025 – Select and enter into contractual agreements with tree care service providers for tree planting and care Spring 2025 - Tree Planting Spring 2025 through Fall 2025 – Tree care and watering according to Maintenance Plan Fall 2025 - MILESTONE - 40 Total Trees Planted Fall 2025 - Select and enter into contractual agreement with tree care service provider for remaining tree removals October 2025 - Winter 2026 - Tree Removals (approximately 40 removals) Winter 2026 – Select and enter into contractual agreements with tree care service providers for tree planting and care Spring 2026 - Tree Planting Spring 2026 through Fall 2026 – Tree care and watering according to Maintenance Plan Fall 2026 - MILESTONE - 60 Total Trees Planted Winter 2027 – Select and enter into contractual agreements with tree care service providers for tree planting and care Spring 2027 – Tree Planting Fall 2027 – MILESTONE – 80 Total Trees Planted Spring 2027-Fall 2029 - Continue watering and tree care according to Maintenance Plan Project Budget Explanation The City of Mendota Heights is requesting $125,000.00 in grant funds in order to remove approximately 80 dead and dying ash trees, placing a priority on removal of trees that currently pose a public safety risk, and the planting of 80 replacement trees. The City lacks the resources and staff to do these removals in-house, and therefore included in the application is the estimated cost of hiring a contractor to perform all removals included in the grant application. The estimated removal sum is $96,000.00 This amount was calculated using removals that were contracted with a private tree service in 2023, using total cost of the contract and divided by number of removals to arrive at an estimated average per removal. It also includes stump grinding, and accounts for inflation rate. Planting will take place on the same parcel as removals, whenever feasible. Removal and planting sites include 12 public spaces: Friendly Hills Park, Marie Park, Kensignton Park, Hagstrom King Park, Victoria Highlands Park, Oheyawahe Preservation Site, Ivy Hills Park, Wentworth Park, Lexington Easement, Mayfield Heights Outlot, Emerson Easement, and the Public Works Facility. The budget included in the application also accounts for all means necessary to ensure healthy, quality tree stock, and proper tree care throughout the grant period. The City plans to apply to the Tree Trust Community Forestry Program, to utilize and partner with a trusted organization to ensure quality trees, proper planting and care practices, as well as providing a cost effective means for installation. The City has partnered with Tree Trust in the past in its annual tree sale, and are familiar with the quality of trees that the organization provides, as well as its care practices. The City will also follow its required bidding and selection process when selecting contracted services for removal and care, to ensure quality workmanship, as well as the most cost-effective option. Project Impacts on Priority Landscapes and Populations The project includes replacing diseased ash trees throughout the City, the majority of which are located within all neighborhoods, including low-income, and aging 43 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 138 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants communities, as well as diverse religious communities, including a significant Jewish community. Without the grant funds, replanting would most likely not occur in and around neighborhoods, affecting diverse populations. The grant funds will allow for canopy replacement in all areas of the City. The City is dedicated to providing public transportation opportunities, as well as providing pedestrian and bicycle accessibility. The project will aid in increasing and preserving tree canopy in and around these areas as well. It also addresses hazard ash trees in all public parks and open spaces, which are used by diverse populations throughout the City. The City, its residents, and local indigenous community members have worked hard to preserve and improve accessibility to the Oheyawahe Preservation Site, which overlooks bdote, or the junction of the Minnesota and Mississippi Rivers. This place has special meaning to the Dakota People, and other tribes in the area. The project will also focus on maintaining and increasing tree canopy in and around this area. Communication The City uses several avenues and methods to communicate with its residents and the public. All of these will be used to communicate and educate the public on the grant project, and how it will benefit residents, including information on EAB, the importance of planting for diversity, planning for climate change, and the benefits of trees in the community. Communication tools include: Friday News: An electronic publication sent to all those who subscribe on a weekly basis, and is also posted on the City's website. Heights Highlights: A quarterly newsletter sent via mail to all residents, and is also posted on the City's website. The City's Website: The City has an EAB webpage, where information is updated frequently. The EAB webpage is located under the City's, Natural Resources page where additional information is available on urban forestry in the community. Information on the grant will also be posted here. Natural Resources Commission, Parks and Recreation Commission, Planning Commission, and City Council meetings: Information on the project as well as information on EAB will be communicated at meetings. Meetings are televised. Key Personnel Natural Resources Coordinator: Certified Tree Inspector, B.A. in Environmental Studies, 19 years experience in Forestry, 24 years experience in Natural Resources. Duties performed: Tree inspection and assessment, tree removal coordination, tree care coordination Public Works Superintendent: Certified Tree Inspector, over 25 years experience in forestry/horticulture. Duties performed: Tree removal coordination and tree care Public Works Staff: Four Permanent Employees, all are certified Tree Inspectors. All have been trained in EAB through the MN Department of Agriculture. One of the permanent staff also has an Associates degree in Landscape Horticulture. Duties performed: Tree care Hired Contractors: Required to have ISA Certified Arborist on staff, as well as Certificate of Insurance, and Proof of Liability insurance policy. Duties performed: Tree Removal 44 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 139 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants Contractors/Partners (Tree Trust, etc.): Required to have ISA Certified Arborist on staff. Any personnel performing work as part of this project will be required to have training in appropriate tree planting and care. Duties performed: Tree Planting and Care Tree Planting Grant funds will not fund the purchase of trees that are over-represented in your community. Any genera that comprise 10% or more of the community forest make-up will not be funded. Numbers derived from the Minnesota Department of Natural Resources 2010 Rapid Assessment will be used unless an updated inventory is provided. For this community it means grant funds cannot be spent on purchasing: •Picea (spruce): 39.7% •Acer (maple): 15.0% •Populus (poplar): 10.0% All trees planted with grant funds are expected to be maintained based on the grantee submitted Three Year Maintenance Plan and attached to contract. Trees that do not survive will need to be replaced prior to grant close-out utilizing the warranty the city has with the nursery that stock was purchased from, or at the expense of the grantee. Trees must be planted in accordance with the standards set in the Minnesota Department of Natural Resources Pocket Guide to Planting Trees. Reporting and Preparing for Reimbursement Accomplishment reports, maps, and declarations and/or certifications of completed work will need to be submitted in order to make an official request for reimbursement. You may wait until the end of your project to submit an official request for reimbursement; however, you will be required to submit the following annually on reporting deadlines as listed above under “Accomplishment Reports” to ensure that you are on track for completing grant accomplishments and securing necessary documentation. •Partial payment form along with invoices and proof of payment for grant-funded purchases, Cash Match form along with proof of payment, and In-Kind Match form •Accomplishment Reports will include grant contract deliverables and their impacts (required biannually, see dates above) •Photo documentation of the project’s progress at appropriate phases, and illustrations, diagrams, charts, graphs, and maps to show results •Maps will: o Identify the location of ash that have been removed o Identify the location of ash stumps that have been ground o Identify the location and species of trees that have been planted •All trees removed, and planted will be mapped and submitted as shapefiles, with the planted trees identified by species, to obtain grand fund reimbursement. If your community does not have access to shapefile-generating software, please notify your DNR Urban and Community Forestry Team Member, and they will work to assist you. Following the submission of invoices and accomplishment reports, a compliance check will be conducted by Minnesota Department of Natural Resources staff. Staff will do a site evaluation ensuring that tree species submitted on maps are correctly identified and planted in accordance with the standards set in the Minnesota Department of Natural Resources Pocket Guide to Planting Trees. 45 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 140 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants Staff will also ensure that the project adheres to the 20-10-5 guideline which means that following planting, a community has no more than 20% of their trees within a single family, no more than 10% of their trees within a single genus, and no more than 5% of their trees within a single species. Staff will confirm that planted tree stock is ¾ - 2 inch caliper bareroot or a container class size #20 or smaller. To Obtain Reimbursement All documentation within the above section “Preparing for Reimbursement” will be required to obtain reimbursement. Additionally, you will be required to submit all relevant certifications and/or declarations. Certifications and Declarations This grant requires a declaration be recorded against real estate that is purchased or improved with state general obligation bond proceeds. When trees are planted in parks or public-owned properties, a General Obligation Bond Financed Property Declaration must be recorded on the legal description with the County Recorder. The recorded declaration proclaims a property as “Restricted Property,” which prevents these properties from being sold, mortgaged, encumbered, or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget for 125% of the useful life of the Restricted Property. The useful life for this grant is 30 years, meaning 125% of that is 37.5 years. If the grant project involves more than one park or public-owned property, one declaration can be recorded with multiple legal descriptions (this means you only pay one filing fee). Consider recording the declaration after all trees have been planted in parks or on public-owned properties, instead of beforehand, since removing a declaration from a legal description requires a written release from the commissioners of Management and Budget and Department of Natural Resources. For projects or portions of projects that lie within roads, highways or utility or transit corridors, easements or rights-of-way, a waiver appeal can be requested. If approved, the grantee will require a certification in which the grantee acknowledges that the property purchased and/or improved is still state bond financed property and thus subject to certain statutory requirements will suffice in lieu of a declaration. Certifications and declarations must be submitted before requesting reimbursement from DNR. Please see Attachments 1A, 1B, and 2A. For more information and templates. Acknowledgment The Minnesota Department of Natural Resources needs to be acknowledged in publications, audiovisuals, and electronic media developed as a result of this award. •Including any publications or outreach materials related to this grant or agreement, a statement of affiliation with Minnesota Department of Natural Resources, e.g., “This publication made possible through a grant from the Minnesota Department of Natural Resources.” OR “This project was conducted in cooperation with the Minnesota Department of Natural Resources.” •Logo is permitted for use and can be obtained by contacting an Urban and Community Forestry Team Member. 46 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 141 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants IN TESTIMONY HEREOF, the Public Entity and the State Entity have executed this General Obligation Bond Proceeds Grant Agreement Construction Grant for the City of Mendota Heights Shade Tree Project under the MN Natural Resources Shade Tree on the day and date indicated immediately below their respective signatures. PUBLIC ENTITY: City of Mendota Heights , a Statutory City - Plan A By: Its: Dated: _______________________ And: Its: Dated: ______________________ And: Its: Dated: _______________________ STATE ENTITY: Minnesota Department of Natural Resources, Division of Forestry, By: Its: Dated: _______________________ 47 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B February 26, 2024 mayor Stephanie Levine Arends, Andrew J February 26, 2024 Deputy Director, Division of Forestry 142 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants Attachment I to Grant Agreement State of Minnesota General Obligation Bond Financed DECLARATION The undersigned has the following interest in the real property located in the County of ____________, State of Minnesota that is legally described in Exhibit A attached and all facilities situated thereon (collectively, the “Restricted Property”): (Check the appropriate box.) a fee simple title, a lease, or an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted Property is hereby made subject to the following restrictions and encumbrances: A.The Restricted Property is bond financed property within the meaning of Minn. Stat. §16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, which approval must be evidenced by a written statement signed by said commissioner and attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and B.The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in that certain [Insert title of the general obligation grant agreement]_ between _______________ and ______________, dated _________, ____. The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Declaration for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget, at which time it shall be released therefrom by way of a written release in recordable form signed by both the Commissioner of [Insert the name of the State Entity that provided the grant] and the Commissioner of Minnesota Management and Budget, and such written release is recorded in the real estate records relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota Management and Budget. (SIGNATURE BLOCK, ACKNOWLEDGMENTS, AND STATEMENT AS TO WHOM IT WAS DRAFTED BY.) 48 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 143 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants Exhibit A to Declaration LEGAL DESCRIPTION OF RESTRICTED PROPERTY 49 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 144 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants Attachment II to Grant Agreement LEGAL DESCRIPTION OF REAL PROPERTY To be determined once Real Property is finalized by Public Entity with the Declaration (Attachment 1) 50 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 145 of 240 Grant Agreement – City of Mendota Heights Generic GO Bond Proceeds 1Ver – 10/26/20 Grant Agreement for Program Construction Grants Attachment III to Grant Agreement SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Use of Funds Identify Source of Funds Amount Identify Items Amount State G.O. Funds Ownership Acquisition Program Grant $125,000.00 and Other Items Paid for with Program Grant Funds Other State Funds Purchase of Ownership $__________ ____________ $__________ Interest ____________ $__________ Other Items of a Capital ____________ $__________ Nature Subtotal $__________ Tree Removal and Planting $125,000.00 ____________ $__________ Matching Funds ____________ $__________ ____________ $__________ Subtotal $__________ ____________ $__________ Subtotal $__________ Items Paid for with Non- Program Grant Funds Other Public Entity Funds ____________ $__________ ____________ $__________ ____________ $__________ ____________ $__________ ____________ $__________ Subtotal Subtotal $__________ Loans ____________ $__________ Subtotal $__________ Other Funds ____________ $__________ Subtotal $__________ - Prepaid Project Expenses ____________ $__________ ____________ $__________ Subtotal $__________ TOTAL FUNDS $125,000.00 TOTAL PROJECT COSTS $125,000.00 51 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 146 of 240 Generic GO Bond Proceeds Contract # 242250 / PO # 3-246332 Ver – 10/26/20 Grant Agreement for Program Construction Grants Attachment IV to Grant Agreement PROJECT COMPLETION SCHEDULE Not Applicable 52 of 58 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 147 of 240 Page 1 of 4 Attachment V to Grant Agreement Shade Tree Program Bonding Grants 2023 Application Please refer to the Request for Applications (RFA) when completing this application. Submit this form, along with required attachments, to ucf.dnr@state.mn.us by October 2, 2023. Checklist: Application Form (filled out, guided by the RFA) Budget Form (Attachment A) 3‐Year Tree Maintenance Plan (Attachment B) Species Selection and Stock List (follow guidelines in RFA) Local Unit of Government (LUG) Project Coordinator Coordinator Title Address City, State, Zip County Coordinator Email Coordinator Phone Number Grant Amount Requested Cash Match (refer to RFA for match guidance) In‐Kind Match Total Match (combined In‐Kind and Cash Match) Yes No Don’t KnowHave you received a DNR community forestry grant in the past? Is this application limited to serving a community, or communities, with populations less than 20,000? (To encourage applications from smaller communities across Minnesota, points will be awarded to grants that serve communities with populations less than 20,000) Yes No 53 of 58 4 4 4 4 City of Mendota Heights Krista Spreiter Natural Resources Coordinator 1101 Victoria Curve Mendota Heights, MN 55118 Dakota KSpreiter@Mendotaheightsmn.org 651-255-1123 $125,000.00 0 0 0 4 4 DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 148 of 240 Page 2 of 4 Project Overview and Need (25 points; 2,050 character maximum including spaces) Provide a summary of the project, why this funding is needed, what project work will not happen without these grant funds, and expected outcomes. This should include a description of the project location (community wide project, specific parks, etc.). A successful application will demonstrate a readiness to take on a project of the proposed scope and size, and will benefit environmental justice priority populations, and focus on significant public safety concerns. Project Timeline (15 points; 2,600 character maximum including spaces) Describe the approximate project schedule showing intermediate steps and milestones. A successful timeline will provide specific dates, is easy to comprehend, and will follow best management practices 54 of 58 The City has removed over 250 of its approximately 1,300 public ash trees. The City began removals in 2022, each year expending all budget allotted, with many standing dead and diseased ash remaining. 80 public trees have been identified for removal in 2024 as part of this project, all of which are located in city Rights-of-Way along roads and pedways, and within parks, posing a public safety risk to pedestrians, motorists, and park users. The project described in this application proposes to hire a contractor to remove these trees identified as a public safety risk and replace them at a minimum of a 1:1 ratio with quality tree stock of 1" diameter bare root, or #10 container trees. Species will be chosen based on diversity, climate resilience, and native origin, with a minimum of 75% native species. Replacement trees will be planted in close proximity of the removed tree, unless infeasible due to safety or structural risks or to allow for proper growing conditions of the replacement tree. Replacement trees will be planted by Tree Trust, if accepted into their Community Forestry Program. If this partnership is not possible, the City will choose a qualified tree care service to plant replacement trees. The City will require all hired tree services to have an ISA Certified Arborist on staff. The 20-10-5 diversity rule and the MN DNR's Tree Planting Guide will be followed. The proposed project also includes hiring Tree Trust or a landscape service to aid in watering of newly planted trees, at the cost of the City, and will not be included in grant request for reimbursement. The canopy loss resulting from EAB is and will be significant within the City. Canopy loss creates considerable negative environmental impacts, including increased surface water temperatures, higher surface air temperatures, increased runoff, and increased erosion. The proposed project will mitigate for these impacts by replacing diseased ash trees with high-quality shade trees. The goal of the project is to regain as much canopy loss as possible, while planting species that work towards a more diverse and climate resilient urban forest for future generations. - February 2, 2024 - Estimated Program Start - Winter 2024 Select and enter into contractual agreements with tree care service providers for tree planting and care - Spring 2024 - Tree Planting - Spring 2024 through Fall 2024 Tree care and watering according to Maintenance Plan - Fall 2024 - MILESTONE - 20 Total Trees Planted - Fall 2024 - Select and enter into contractual agreement with tree care service provider for tree removal - October 2024 - Winter 2025 - Tree Removals (approximately 40 removals) - Winter 2025 Select and enter into contractual agreements with tree care service providers for tree planting and care - Spring 2025 - Tree Planting - Spring 2025 through Fall 2025 Tree care and watering according to Maintenance Plan - Fall 2025 - MILESTONE - 40 Total Trees Planted - Fall 2025 - Select and enter into contractual agreement with tree care service provider for remaining tree removals - October 2025 - Winter 2026 - Tree Removals (approximately 40 removals) - Winter 2026 Select and enter into contractual agreements with tree care service providers for tree planting and care - Spring 2026 - Tree Planting - Spring 2026 through Fall 2026 Tree care and watering according to Maintenance Plan - Fall 2026 - MILESTONE - 60 Total Trees Planted - Winter 2027 Select and enter into contractual agreements with tree care service providers for tree planting and care - Spring 2027 Tree Planting - Fall 2027 MILESTONE 80 Total Trees Planted Spring 2027-Fall 2029 - Continue watering and tree care according to Maintenance Plan DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 149 of 240 Page 3 of 4 Project Budget Explanation (20 points; 2,200 character maximum including spaces) Provide additional remarks to clarify the budget request. If applicable, provide an explanation of how you are funding portions of your project that are not eligible with grant dollars. A successful budget will provide specific dollar amounts for anticipated use, will be financially realistic and cost effective. Budget will be correctly calculated. Project Impacts on Priority Populations (20 points; 2,200 character maximum including spaces) This grant opportunity aligns with state initiatives to reduce disparities in health and environmental quality for diverse populations. A successful proposal will serve and include areas of concern for environmental justice (communities with higher populations of low‐income residents and/or people of color, including tribal communities), and the applicant will describe actionable items for these communities. 55 of 58 The City of Mendota Heights is requesting $125,000.00 in grant funds in order to remove approximately 80 dead and dying ash trees, placing a priority on removal of trees that currently pose a public safety risk, and the planting of 80 replacement trees. The City lacks the resources and staff to do these removals in-house, and therefore included in the application is the estimated cost of hiring a contractor to perform all removals included in the grant application. The estimated removal sum is $96,000.00 This amount was calculated using removals that were contracted with a private tree service in 2023, using total cost of the contract and divided by number of removals to arrive at an estimated average per removal. It also includes stump grinding, and accounts for inflation rate. Planting will take place on the same parcel as removals, whenever feasible. Removal and planting sites include 12 public spaces: Friendly Hills Park, Marie Park, Kensignton Park, Hagstrom King Park, Victoria Highlands Park, Oheyawahe Preservation Site, Ivy Hills Park, Wentworth Park, Lexington Easement, Mayfield Heights Outlot, Emerson Easement, and the Public Works Facility. The budget included in the application also accounts for all means necessary to ensure healthy, quality tree stock, and proper tree care throughout the grant period. The City plans to apply to the Tree Trust Community Forestry Program, to utilize and partner with a trusted organization to ensure quality trees, proper planting and care practices, as well as providing a cost effective means for installation. The City has partnered with Tree Trust in the past in its annual tree sale, and are familiar with the quality of trees that the organization provides, as well as its care practices. The City will also follow its required bidding and selection process when selecting contracted services for removal and care, to ensure quality workmanship, as well as the most cost-effective option. The project includes replacing diseased ash trees throughout the City, the majority of which are located within all neighborhoods, including low-income, and aging communities, as well as diverse religious communities, including a significant Jewish community. Without the grant funds, replanting would most likely not occur in and around neighborhoods, affecting diverse populations. The grant funds will allow for canopy replacement in all areas of the City. The City is dedicated to providing public transportation opportunities, as well as providing pedestrian and bicycle accessibility. The project will aid in increasing and preserving tree canopy in and around these areas as well. It also addresses hazard ash trees in all public parks and open spaces, which are used by diverse populations throughout the City. The City, its residents, and local indigenous community members have worked hard to preserve and improve accessibility to the Oheyawahe Preservation Site, which overlooks bdote, or the junction of the Minnesota and Mississippi Rivers. This place has special meaning to the Dakota People, and other tribes in the area. The project will also focus on maintaining and increasing tree canopy in and around this area. DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 150 of 240 Page 4 of 4 Communication (10 points; 2,200 character maximum including spaces) Describe the methods you will use to conduct outreach to citizens about this grant project. A successful communication strategy will use multiple formats that have the potential to reach the public about the use of grant funds and community forest practices. Key Personnel (10 points; 2,200 character maximum including spaces) Please list all certifications and education degrees for staff or contractors involved in the project. Describe the duties internal staff will conduct, and any work that will be contracted out, or the partnerships you will leverage to complete tasks. Include key personnel and their past experience with similar tasks. If you expect to contract work out, describe requirements you will have for contractors. 56 of 58 The City uses several avenues and methods to communicate with its residents and the public. All of these will be used to communicate and educate the public on the grant project, and how it will benefit residents, including information on EAB, the importance of planting for diversity, planning for climate change, and the benefits of trees in the community. Communication tools include: Friday News: An electronic publication sent to all those who subscribe on a weekly basis, and is also posted on the City's website. Heights Highlights: A quarterly newsletter sent via mail to all residents, and is also posted on the City's website. The City's Website: The City has an EAB webpage, where information is updated frequently. The EAB webpage is located under the City's, Natural Resources page where additional information is available on urban forestry in the community. Information on the grant will also be posted here. Natural Resources Commission, Parks and Recreation Commission, Planning Commission, and City Council meetings: Information on the project as well as information on EAB will be communicated at meetings. Meetings are televised. Natural Resources Coordinator: Certified Tree Inspector, B.A. in Environmental Studies, 19 years experience in Forestry, 24 years experience in Natural Resources. Duties performed: Tree inspection and assessment, tree removal coordination, tree care coordination Public Works Superintendent: Certified Tree Inspector, over 25 years experience in forestry/horticulture. Duties performed: Tree removal coordination and tree care Public Works Staff: Four Permanent Employees, all are certified Tree Inspectors. All have been trained in EAB through the MN Department of Agriculture. One of the permanent staff also has an Associates degree in Landscape Horticulture. Duties performed: Tree care Hired Contractors: Required to have ISA Certified Arborist on staff, as well as Certificate of Insurance, and Proof of Liability insurance policy. Duties performed: Tree Removal Contractors/Partners (Tree Trust, etc.): Required to have ISA Certified Arborist on staff. Any personnel performing work as part of this project will be required to have training in appropriate tree planting and care. Duties performed: Tree Planting and Care DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 151 of 240 Attachment VI to Grant Agreement 3-Year Tree Maintenance Plan Template for Newly Planted Trees Year and Season of Planting: Phone: Size (caliper for deciduous, height for conifers): # of Trees to be Planted: Type of Stock to be Planted (Bare root, etc.): Describe how the activities below will be completed. 1.Tree Maintenance Personnel a.Describe who is responsible for maintenance. b.Volunteers, homeowners, or inexperienced staff that will provide maintenance should receive basic training and literature on proper maintenance techniques. Is training needed and how will you do it? c.How will you inspect tree maintenance work periodically to make sure it is being done correctly? 2.Tree Watering Process Describe in detail how trees will be watered, the time period and frequency of watering. Trees should be watered weekly for the first 3 to 5 years when the ground is thawed, unless it has rained 1 inch in a week. Email: Project Coordinator: LUG: 57 of 58 2024-2027; SpringCity of Mendota Heights Krista Spreiter 651-255-1123 KSpreiter@Mendotaheightsmn.gov 1"150 #10 Container Tree Trust Staff and Volunteers, City Staff: Natural Resources Coordinator, Public Works and Parks Staff, including full-time employees and several seasonal employees. Trained volunteers may also be used in monitoring, tree care, and planting, including Master Gardeners and Tree Care Advisors within the community. Volunteers provided by Tree Trust will be trained through Tree Trust. Seasonal staff, volunteers, or others that are not already trained will be trained by trainings given by the MN Department of Agriculture, the MN Department of Natural Resources, or qualified permanent staff and/or community Tree Care Advisors depending on the requirements of the volunteer activity. Weekly inspections and site visits to plantings and planting locations to check soil moisture/watering, mulch quantity and placement, structural integrity and staking (if applicable). Inspections will be done by qualified staff or Tree Trust staff. Rainfall will be monitored through a rain gauge daily and weekly. Any weekly rainfall deficits below 1 inch will be compensated for with weekly watering, or in dry/windy conditions, watering will be done multiple times per week as needed. Watering will be provided by Tree Trust or City Staff. Soil moisture will also be monitored to determine when watering is needed. When watering, the entire root zone within the dripline will by watered. Watering bags will also be used. These activities will continue throughout the period of ground thaw (early spring through ground-freeze), for up to 5 years. After 5 years, trees will be monitored weekly for soil moisture and signs of drought-stress. DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 152 of 240 3.Mulching Trees Will you mulch your trees and if so, how will you maintain mulch? 4.Staking and Tying Trees Explain if staking is necessary due to mowing, vandalism, or wind conditions, and describe plans for inspection and removal. 5.Checking Tree Health The grantee will check trees every 6 – 12 months to identify and address problems. Describe inspection process and follow-up. 6.Tree Protection Young trees in busy urban areas may be easily damaged by human activity, animals, and equipment. Describe how planted trees will be protected. 7.Pruning Newly planted trees should need little pruning, if they were properly cared for in the nursery. In the first year after planting, remove only dead or broken branches. In later years, weakly attached limbs can be removed, and corrective pruning can be done if needed. Describe your pruning maintenance cycle. 8.Tree Warranty Tree planting should include a warranty from the nursery for replacement (due to poor condition or mortality). The grantee should be prepared to fully replace all trees that are in poor condition or die prior to inspection at the end of the project grant agreement, unless loss was due to natural disaster. Describe your tree warranty or how trees will be replaced. 58 of 58 Yes, all newly-planted trees will be mulched throughout the root zone at a depth of 2-3" throughout the dripline, keeping mulch at least 2-3" away from the trunk. Mulch will be maintained using mulch purchased in bulk, that will always be on-had at a public facility. When required, stakes will be placed outside the root zone in a triangular formation, using non-abrasive bracing material. Bracing will typically be placed at 2/3 the height of the trunk from the ground, and attached to stakes at a parallel angle to the ground. Trees will be inspected weekly to ensure staking is still needed or is affective. When trees no-longer require staking, stakes will be removed. Trees will never be permanently staked. Trees will be inspected weekly in the first 6 months of planting. After 6 months, trees will be inspected every 3-6 months for, but not limited to: disease, heat/drought stress, bark damage, broken or storm-damaged branches, encircling roots, soil conditions, structural integrity, growth rate, canopy, pests, etc. Tree guards and tree wrap will be used late summer/fall through snow melt to protect against sun scald and animal damage. Fencing will be used in the summer months, if necessary, in areas of high-traffic or other areas where trees may be especially susceptible to pedestrian/vehicle activity, animal damage, or landscape equipment damage. No pruning will be done in the first two years, unless necessary due to damaged or rubbing branches, etc. After this period, trees will be on a 2-year pruning cycle through the first 10 years. In following years this may be increased to every 4-6 years. Pruning will be done by the City's hired tree care consultant during the winter months, unless deemed absolutely necessary due to public safety, etc. No more than 25% of live branches will be pruned in one pruning. All tree care consultants hired by the City are required to have an AIS Certified Arborist on staff. The City will request a two-year warranty, and require a one-year warranty agreement, from Tree Trust or any supplier that is chosen to provide tree stock. Additional research will be done to ensure the supplier chosen is reputable, guarantees neonicotinoid-free plant stock whenever feasible, and is MNLA certified. DocuSign Envelope ID: EAF0471B-A72D-4E99-A1B4-8BC2BE9C485B 153 of 240 154 of 240 � � �,;;�DDT A HEIGHTS 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 MEETING DATE: TO: FROM: SUBJECT: BACKGROUND Significant Claims March 6, 2024 Mayor, City Council and City Administrator Kristen Schabacker, Finance Director \/111\MClaims List Summary � • - l\1N Department of Labor & Industry-Permit Surcharges By the Yard -Par 3 Patio Furniture Compass Minerals -Street Salt Corval Constructors -PW Building Maintenance Dakota Unlimited-Marie Park Sideline/Dugout Deposit J & M Displays Inc -4tl, of July Fireworks Motorola Solutions -Police Reserve Radios Safeassure Consultants -Safety Training TKDA-Emerson Ave Street Improvement Project Work US Bank -Monthly Purchases W.W. Goetsch Associates -Lift Station Repair Manual Checks Total System Checks Total Total for the list of claims for the March 6, 2024 City Council meeting RECOMMENDATION $ 6,904.92 $ 6,432.57 $ 9,470.92 $ 4,978.00 $ 10,569.00 $ 20,000.00 $ 21,443.20 $ 8,540.15 $ 34,911.02 $ 15,132.50 $ 13,294.00 $ 12,606.82 $ 207,314.05 $ 219,920.87 Staff recommends that the Mendota Heights City Council approve the list of claims for March 6, 2024. 6n155 of 240 156 of 240 157 of 240 158 of 240 159 of 240 160 of 240 161 of 240 162 of 240 163 of 240 164 of 240 165 of 240 166 of 240 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: March 6, 2024 AGENDA ITEM: Rogers Lake Water Quality Report Presentation by Saint Thomas Academy ITEM TYPE: ☐Consent ☒ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Engineering CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: Informational. The Council will hear a presentation by Saint Thomas Academy students regarding the water quality of Rogers Lake. BACKGROUND: Since the early 1990’s, Saint Thomas Academy Environmental Science classes have been monitoring several aspects of the water quality present in Rogers Lake. The City Council hears an annual update from the students. Mr. Tony Kinzley is the Advanced Placement Environmental Sciences Instructor. He has a group of students who have conducted the research and prepared a presentation for Council. Attached is a summary sheet the students prepared, which will be presented at the Council meeting. The attached historical data on the lakes’ water quality shows a trend of the water quality of Rogers Lake declining over the past few years. In 2022, the overall rating decreased slightly over the preceding year. The 2023 data shows a slight rebound. FISCAL AND RESOURCE IMPACT: None ATTACHMENTS: Fall 2023 Chemical Assessment of Rogers Lake Roger Lake Fall 2023 Water Quality Data Historical Data CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship ☐Premier Public Services & Infrastructure ☐Inclusive and Responsive Government 7a167 of 240 Fall 2023 Chemical Assessment of Rogers Lake Performed by Saint Thomas Academy A. P. and General Environmental Science Program 168 of 240 Thank you for allowing us the time to share our findings with the Mendota Heights City Council. Seventy six students from 5 class periods participated in the program this year and were required to prepare a formal group presentation on Rogers Lake to their class. The winning group will present on Wednesday, March 6. This is a genuine learning opportunity for all of these students, especially the winning group. This document gives an overview of the chemical water quality monitoring program used by the A.P. Environmental Science students at Saint Thomas Academy for the Mayor, Council Members, and Staff. Some points to consider: This year, the students were again able to collect data from all 9 testing sites and were able to perform the complete battery of 9 tests and an overall rating on most testing dates. As a reminder, last year, a very small sample size for Fecal Coliform, BOD5, and Overall Rating readings were collected due to supply chain issues with testing equipment. Also, Rogers Lake water levels have been extremely low for the past two years due to the drought but the fall 2023 rainfalls brought lake levels up significantly and many of the parameters have shown improvement. The actual data, analysis of the data, areas in need of improvement, and possible solutions will be further discussed at the council meeting. Please direct any questions to Mr. Tony Kinzley, A.P. Environmental Science Teacher, at tkinzley@cadets.com. 169 of 240 Which chemical tests were performed? What does each test for? What factors affect the readings? What is an acceptable reading? What were the Fall 2023 readings? Dissolved Oxygen (D.O.) The amount of oxygen dissolved in the water. Plant life increases D.O., organic waste inputs (pet waste, grass clippings, leaves) lowers D.O. 5-12 ppm 8.8 ppm (8.9 in 2022) Acceptable Fecal Coliform Levels of bacteria associated with pathogenic bacteria and viruses Goose and pet waste. Faulty septic systems and sewer lines. 0 colonies/100ml is safe to drink. 200 colonies/100ml or less = swimming 0.0 col/100ml (0.0 in 2022) Historical Record (tie) Acceptable pH The acidity or basicity of the water Acid rain is the typical cause of acidification of lakes 6.5-8.5 pH units (slightly basic) 6.2 units (5.9 in 2022) Unacceptable Biochemical Oxygen Demand (BOD5) How much oxygen is being used by bacteria in the lake that decompose organic waste put into the water. Organic waste inputs (leaves, grass clippings, or animal waste) and algal blooms from fertilizer runoff 0-3 ppm 2.8 ppm (4.6 in 2022) Acceptable ∆ Temperature (Change In Temp.) The difference in temperature between 2 testing sites on the lake Sun/shade differences, industrial thermal pollution, removal of trees/shade 0-1 °C 0.8 °C (1.5 in 2022) Historical Record (tie) Acceptable Nitrate Measure of the amount of Nitrates in the water Animal waste, grass clippings, leaves, fertilizers. Faulty septic systems and sewer lines 0.1-3 ppm (Low levels needed for proper aquatic plant growth) 0.1 ppm (0.2 in 2022) Historical Record Acceptable Total Phosphates Measure of the amount of various phosphates in the water Soil runoff, animal waste, grass clippings, leaves, some fertilizers. Faulty sewer lines and septic systems. 0.1-1 ppm (Low levels needed for proper aquatic plant growth) 1.3 ppm (0.8 in 2022) Unacceptable Turbidity Amount of suspended solids in the water. Measure of water clarity Soil erosion, organic waste input 1-40 JTU 7.1 JTU (8.6 in 2022) (Near Hist. Record) Acceptable Total Solids Amount of suspended and dissolved solids in water Road salt, soil erosion, organic waste input. 1-300 mg/L 339.4 mg/L (351.7 in 2022) Unacceptable Overall Rating A composite score of all 9 chemical tests. The 9 chemical tests Excellent: 90-100 Good: 70-89.9 Medium: 50-69.9 77.4 (74.6 in 2022) Acceptable 170 of 240 Rogers Lake Fall 2023 Water Quality Data By Site and Overall Average Site 1 2 3 5 6 7 8 9 10 Average DO (ppm)9.1 9.0 8.8 8.5 8.8 9.0 9.1 6.8 9.7 8.8 FC (col/100ml)0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 pH (units)6.2 6.3 6.2 6.0 6.2 6.3 6.2 5.9 6.3 6.2 BOD5 (ppm)2.1 2.1 2.4 1.3 3.8 2.3 4.4 3.4 3.5 2.8 ∆Temp (°C)0.9 0.6 0.6 0.9 0.7 0.8 1.0 1.0 0.7 0.8 Phosphate (ppm)1.1 1.4 1.3 1.5 1.3 1.2 1.0 1.2 1.3 1.3 Nitrate (ppm)0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Turbidity (JTU)7.9 4.7 4.2 7.5 5.7 5.7 9.2 12.8 6.1 7.1 TS (mg/L)333.8 328.6 339.0 334.9 342.7 357.3 353.3 327.5 337.9 339.4 Overall (0-100)80.5 79.1 77.0 80.4 76.4 74.3 74.1 76.0 78.8 77.4 171 of 240 Rogers Lake Historical Data 2003-2024 (9 Parameters and Overall Rating) Blank cells indicate that data is not available Bold values indicate data collected using probeware Red values indicate historical record Green values indicate new test method for pH (test strips versus tablets) and reading errors for fall 2023 Dissolved Oxygen Fecal Coliform pH BOD5 Δ Temperature Phosphate Nitrate Turbidity Total Solids Overall Season (ppm)(col./100ml)(units)(ppm)(Degrees C)(ppm)(ppm)(JTU)(mg/L)(0-100) Fall 2001 6.9 7.8 4.6 1.8 1.3 0.7 40.0 62.5 Spring 2002 5.9 8.0 4.0 2.0 2.2 0.1 24.1 68.0 Fall 2002 5.9 8.2 3.6 1.7 1.7 1.1 22.2 233.1 65.1 Spring 2003 6.3 7.7 2.7 0.9 1.4 1.0 21.2 68.2 Fall 2003 4.8 7.5 1.7 1.4 1.0 0.3 27.2 409.6 64.9 Spring 2004 3.2 7.6 2.2 1.6 1.1 0.4 22.0 440.3 59.0 Fall 2004 69.8 Spring 2005 71.0 Fall 2005 4.9 37.9 7.2 2.4 1.0 1.1 0.4 11.6 307.5 70.9 Spring 2006 2.7 1.9 7.6 1.5 2.0 1.2 0.7 11.8 318.5 72.8 Fall 2006 7.9 49.5 7.6 2.6 1.5 1.1 1.0 10.1 74.6 Spring 2007 7.9 11.2 8.2 2.5 1.5 0.7 0.6 11.3 301.8 78.4 Fall 2007 7.8 25.9 7.6 2.8 1.1 0.6 0.3 9.0 477.2 76.7 Spring 2008 8.0 0.0 7.6 4.7 0.9 0.5 0.4 12.4 321.2 74.3 Fall 2008 6.4 34.2 7.9 3.8 1.2 1.1 0.4 17.5 451.3 72.1 Spring 2009 8.0 3.1 7.0 2.5 0.9 1.0 0.4 12.6 344.6 77.9 Fall 2009 7.2 11.6 6.2 2.1 1.0 1.0 0.6 8.8 290.5 75.6 Fall 2010 6.8 9.9 6.2 2.4 1.0 0.9 0.2 18.6 293.2 70.8 Fall 2011 8.1 34.0 7.5 4.5 0.8 1.0 0.4 16.5 298.7 75.5 Fall 2012 7.7 28.9 7.7 3.0 1.1 1.0 0.4 14.4 296.1 75.9 Fall 2013 7.6 10.8 7.6 2.5 0.9 0.8 0.4 9.2 300.0 78.6 Fall 2014 7.7 9.1 7.5 1.8 1.0 0.5 0.9 8.6 280.3 80.8 Fall 2015 7.1 5.0 7.7 2.9 1.0 1.0 0.6 15.5 276.7 80.2 Fall 2016 9.5 0.0 7.7 1.3 1.2 0.9 0.4 7.4 254.1 85.1 Fall 2017 10.5 0.8 7.7 2.2 1.2 0.9 1.0 7.9 261.7 85.9 Fall 2018 10.7 1.4 7.8 3.2 1.7 0.4 0.5 5.0 231.3 84.3 Fall 2019 9.8 1.6 7.7 3.3 0.9 1.1 0.4 9.6 264.9 83.0 Fall 2020 9.7 5.1 7.9 4.1 1.4 1.1 0.3 12.7 277.1 79.9 Fall 2021 9.0 15.5 7.4 4.1 0.9 0.6 0.2 13.0 302.1 79.4 Fall 2022 8.9 0.0 5.9 4.6 1.5 0.8 0.2 8.6 351.7 74.6 Fall 2023 8.8 0.0 6.2 2.8 0.8 1.3 0.1 7.1 339.4 77.4 Average 7.4 12.9 7.5 3.0 1.2 1.0 0.5 14.3 316.9 74.6 172 of 240 _________________________________________________ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: March 6, 2024 AGENDA ITEM: Fresh Air Fridays Presentation ITEM TYPE: ☐Consent ☐ Presentation/Recognition ☐ Public Hearing ☒New/Unfinished Business DEPARTMENT: Administration CONTACT: Cheryl Jacobson, City Administrator ACTION REQUEST: Endorse “Fresh Air Fridays” initiative and authorize use of city resources to promote the initiative. BACKGROUND: Kirsten Ramirez, Mendota Heights resident and University of Minnesota Public Health graduate student will present her proposal for the City to encourage “Fresh Air Fridays.” As part of her graduate work, Ms. Ramirez is proposing an initiative for "Fresh Air Fridays" in the city of Mendota Heights. Fresh Air Fridays will encourage residents to make an intentional choice on Fridays to reduce their carbon emissions by carpooling, teleworking, biking, walking, etc. The goal of the project is to reduce emissions in an effort to address climate change, which in turn provides health benefits for the residents of Mendota Heights including improved air quality, reducing heat stress, improved water quality, reducing infectious diseases, and many more. FISCAL AND RESOURCE IMPACT: The project includes promotion in city publications and on city social media channels of Fresh Air Fridays announcements and short articles. In addition to communication resources, city staff time would be needed to support the initiative, which is expected to be minimal. ATTACHMENTS: None CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship ☐Premier Public Services & Infrastructure ☐Inclusive & Responsive Government 9a173 of 240 174 of 240 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: March 6, 2024 AGENDA ITEM: Professional Services Contract for the Friendly Hills Neighborhood Improvements ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Engineering CONTACT: Lucas Ritchie, Assistant City Engineer ACTION REQUEST: Award a contract for professional services on the Friendly Hills Neighborhood Improvements, Project No. 202407. BACKGROUND: The Friendly Hills Neighborhood Improvements have been identified in the 2024-2028 Capital Improvement Plan (CIP) for construction in 2025. These streets currently have deteriorating bituminous surfaces along with aging public utilities and will benefit from a rehabilitation project to preserve the public infrastructure. This project proposes to rehabilitate the following streets within the Friendly Hills Neighborhood totaling 3.56 miles of roadway: Apache Street, Aztec Lane, Cheyenne Lane, Creek Avenue, Decorah Lane, Fox Place, Hokah Avenue, Keokuk Lane, Mohican Court, Mohican Lane, Nashua Lane, Navajo Lane, Ocala Court, Ocala Lane, Pontiac Place, Pueblo Drive, and Pueblo Lane. Along with bituminous resurfacing, the proposed Friendly Hills Neighborhood Improvements includes water main replacement, due to the existing cast iron pipe’s susceptibility to water main breaks and break history, as well as sanitary sewer replacement along Decorah Lane and Apache Street. Specific treatment methods and improvements will be further identified in the feasibility process. Considering the project's scope and its inherent complexities, staff have allocated a portion of the budget based on the total project cost outlined in the 2024-2028 CIP for securing external professional services. These services are intended to provide specialized support to the City throughout the duration of this project. Staff developed a Request for Proposals (RFP) for the Friendly Hills Neighborhood Improvements project and invited six engineering firms to submit proposals. Proposals submitted included detailed approaches to all facets of this project such as the feasibility report, public engagement, preliminary 9b175 of 240 and final design, and construction. All six firms submitted quotes within their proposal for this project and total as follows: Consultant Total Cost Total Hours Average Fee/Hour TKDA $459,076.00 3265 $140.61 Kimley-Horn $599,885.00 4370 $137.27 LHB $698,530.40 4247 $164.48 Bolton & Menk $685,576.00 3769 $181.90 ISG $963,891.00 5974 $161.35 WSB $1,263,687.00 6464 $195.50 All firms submitted thorough and complete proposals addressing key concerns identified by staff and provided valuable responses on how to bring this project to fruition. Staff would be comfortable awarding the project to any of the firms but is recommending Kimley-Horn based on their lower fee per hour cost and the high-quality nature of their proposal. Staff would be concerned that the other consultant contracts would require a change order increase in hours. Given the larger scope of this project and anticipated construction and budget impacts, the proposed project may need to be split into multiple years and will be further identified within the feasibility report. FISCAL AND RESOURCE IMPACT: The proposed contract price of $599,885 is budgeted for within the 2024-2028 CIP and will be charged to the project. Estimated construction costs total $8,200,000 for the Friendly Hills Neighborhood Improvements with an estimated $3,050,000 of direct construction costs to water main improvements. Planning, design, and construction costs associated with the proposed water main improvements will be funded by Saint Paul Regional Water Services (SPRWS) based on their ownership and desire to replace the water main in conjunction with the roadway rehabilitation. The costs will be refined during the feasibility process. The project is proposed to be funded by special assessments, municipal bonds, municipal state aid, SPRWS, and utility funds. ATTACHMENTS: Friendly Hills Neighborhood Street & Utility Maps Kimley-Horn Proposal CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government 176 of 240 177 of 240 178 of 240 Proposal for Friendly Hills Neighborhood Improvements for the February 2nd 2024 City of Mendota Heights, MN Prepared by 179 of 240 DEAR MR. RITCHIE AND MEMBERS OF THE SELECTION COMMITTEE, Kimley-Horn is pleased to present this proposal to the City of Mendota Heights for professional services for the Friendly Hills Neighborhood Improvements Project. Our team understands that you would like to retain a local, reliable, and highly qualified partner to deliver this project. Kimley-Horn is that team. We have completed multiple similar projects for neighboring communities and are excited to bring a fresh perspective and our expertise, passion, and commitment to deliver this important project for the City. We understand the City has a great reputation with it’s citizens and our approach focuses on delivering on our commitments, establishing trust with the community, delivering the project on schedule, and maintaining the City’s strong reputation. Our proposal defines our approach, professional qualifications, and experience to serve the neighborhood of Friendly Hills and the City. We offer the following benefits to the City: AN EXPERIENCED TEAM. Luke Moren, P.E., will lead an experienced team that has experience delivering full depth pavement replacement (FDR) pavement management improvement projects for municipalities. Our team has delivered multiple recent FDR improvement projects including recent projects that required watermain replacement with Saint Paul Regional Water Services (SPRWS). Our team has a proven track record of successfully delivering similar projects for cities in Dakota County, and we have the relationships and experience working with SPRWS to streamline delivery of this project. Benefit: Our area experience with similar projects and relationships with SPRWS staff will keep the project on schedule and streamline coordination efforts between City, Kimley-Horn, and SPRWS staff. A LOCAL PRESENCE. Kimley-Horn recently opened new offices in Apple Valley and Dakota County in 2023. Our entire project team is located in this office and are a short drive away from the project site. We opened this office with the goal of being closer to our clients and being in a better position to serve them on their projects. This local presence allows Luke to provide a high level of responsiveness, including meeting with City staff on short notice during design or quickly being able to visit the project site during construction to support our construction observer and resolve any issues. Benefit: We can respond quickly to address concerns, provide solutions, and deliver exceptional client service as we are local to Mendota Heights. WE PRIDE OURSELVES ON OUR DELIVERY OF CONSTRUCTION SERVICES. Kimley-Horn has been providing full construction phase observation and administration services in the Twin Cities area for more than 20 years. Our construction observers understand the equal importance of ensuring the project is built to specifications, but also representing the City well with the neighborhood and general public. Our construction observer and team take pride seeing a project built successfully and meeting the high expectations of the ultimate end client, the residents of Mendota Heights. Benefit: Our approach emphasizes the importance of communication and engagement with the public during construction. You can trust we will represent the City well in construction and leave a positive impression on the residents of Mendota Heights. We look forward to the opportunity to partner with the City on this project. Please do not hesitate to contact Luke at 651.643.0489 or luke.moren@kimley-horn.com with any questions on our proposal. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Luke Moren, P.E. Project Manager LUCAS RITCHIE, Assistant City Engineer CITY OF MENDOTA HEIGHTS 1101 Victoria Curve Mendota Heights, MN 55118 651.255.1132 lritchie mendotaheightsmn.gov KIMLEY-HORN AND ASSOCIATES INC. 14800 Galaxie Avenue Suite 200 Apple Valley, MN 55124 Eric Fosmo, P.E. Senior Project Advisor RE:Friendly Hills Neighborhood Improvements for the City of Mendota Heights, MN February 02, 2024 180 of 240 1. Project Understanding We understand the City of Mendota Heights is seeking a consultant to provide professional engineering services for the Friendly Hills Neighborhood Improvements project. The project includes pavement rehabilitation improvements along Apache Street, Aztec Lane, Cheyenne Lane, Creek Avenue, Decorah Lane, Fox Place, Hokah Avenue, Keokuk Lane, Mohican Court, Mohican Lane, Nashua Lane, Navajo Lane, Ocala Court, Ocala Lane, Pontiac Place, Pueblo Drive, and Pueblo Lane. A general map of the project street segments is included as Exhibit A in the RFP. The improvements within the project limits generally include the following: »Full depth pavement reclamation (3.56 miles) »Spot soil correction or reconstruction (all areas as necessary) »Spot curb and gutter replacement (all areas as necessary) »Sanitary sewer interceptor replacement along Decorah Lane (Dodd Road to Apache Street) and Apache Street (Decorah Lane to northern cul-de-sac) and other sanitary sewer maintenance repairs »Cast-iron watermain (SPRWS) replacement (approximately 2.8 miles as shown on Exhibit B in the RFP) and other watermain maintenance repairs »Storm sewer construction along Creek Ave (Dodd Road to Fox Place), storm sewer reconstruction as necessary due to sewer and water improvements, and other storm sewer maintenance repairs »Trail pavement reclamation (0.37 miles) within Friendly Hills Park Construction of the improvements is planned to begin in the Spring of 2025 and be substantially complete by Fall 2025. The project includes special assessments to benefiting property owners and will be required to adhere to the procedures outlined in MN State Statute 429. Our proposed approach to complete the work is detailed below. 2. Project Approach Our approach to successfully delivering this project focusses on three key priorities: ✓1. Communication – Clear, concise, and effective communication throughout all project phases of this large neighborhood improvement project will be critical to project success. Exceptional communication and collaboration with the public ahead of and during construction is vital to attain project acceptance and build the trust needed to navigate construction impacts. ✓2. Adherence to Schedule – Kimley-Horn understands that completing this project on schedule requires adherence to each scheduled milestone of the project to ensure the project is open for bidding on time and starts construction as soon as possible in the Spring of 2025. We propose bi-weekly check-in meetings with the City to stay organized, get questions answered efficiently, reduce City staff time on project, and keep the project on track. ✓3. Attention to Detail – The watermain replacement throughout much of the project area will create numerous design and construction considerations adjacent to residential front yards, with existing storm sewer, and private utilities. We will identify the final scope of improvements early on in the project so final design stays on schedule and residents are informed of the full scope of project improvements during the feasibility stage. This detailed approach also helps avoid construction delays and change orders and positions the project well for substantial completion in Fall of 2025. Feasibility Stage We will prepare a feasibility study for the proposed improvements, including adherence to procedures outlined in MN State Statute 429. Successful delivery and implementation of municipal street improvement projects during the feasibility stage starts with clear and concise public engagement during preparation of the feasibility study. We have found through our work on previous street neighborhood improvement projects, that the public typically focuses on a few key project elements: »The Project – What will be done to the street and utilities? »Sharing a comprehensive summary of the improvements so that no surprises are presented during the design phase sets up the project well to garner trust and support for the project with the neighborhood. Special attention to clearly communicating disruptions to water service during construction as a part of the cast-iron watermain replacement will be a specific project element that will be communicated during the initial open house meeting to avoid future surprises for residents. Proposal for 2 City of Mendota Heights, MNFriendly Hills Neighborhood Improvements for the RSRD06002.2024 181 of 240 »Construction – When does it start? When does it end? When will my access be impacted? Will I lose trees or landscaping? »While the specific details of construction phasing, completion dates, and property specific impacts are typically not known during the feasibility stage, we will come prepared to share general construction information to the public even at the first feasibility public informational meeting to address as many frequently asked questions as possible regarding construction. »Assessments – How much is this project going to cost property owners? »Communicating assessments to benefitting property owners can be one of the most challenging aspects of delivering a municipal street improvement project to reduce overall project cost. Assessment methodology is often confusing for residents to understand and gets confused with regular City taxes. Our approach to assessments will include explaining the basics to assessment calculations, clearly addressing why the City assesses property owners, and presenting historical assessment information if preliminary assessments are not available at the first public informational meeting. Being transparent and honest regarding assessments at the first open house meeting will best position project staff for productive project conversations in final design. Clear communication during the initial feasibility phase public engagement of the above referenced items will avoid surprises for residents later in project development and set expectations to the neighborhood that the City is organized, has planned for the improvements well, and understands concerns residents have with street improvement projects. We understand the City has planned the project as a full depth pavement reclamation. Replacement of the sanitary sewer interceptor and more broadly, replacement of cast iron watermain with ductile iron watermain in collaboration with SPRWS will require review of significant portions of curb and gutter replacement, driveway impacts, storm sewer reconstruction, private utility relocations, and require full depth roadway reconstruction. We have recent experience working with SPRWS and similar challenges on street rehabilitation projects in neighboring West Saint Paul. We will prioritize working with SPRWS and the City to finalize the scope of utility improvements and associated other project impacts early in the feasibility study phase as these impacts will greatly affect project cost, assessments, and construction timelines. This approach will allow for a smooth transition to the design stage and reduce risk of inaccurate feasibility cost estimates and potential redesign efforts during the construction stage. Geotechnical services are included in the design stage in the RFP but we recommend obtaining this information during the feasibility stage to allow for a more informed pavement rehabilitation approach and cost estimate in the feasibility study. Design Stage Following the Public Improvement hearing, the project will transition to the design stage which initially will include collection of topographic survey data. Full topographic survey data will only be obtained along street segments identified for potential full reconstruction due to sewer and water utility improvements and only for the construction area for utility replacement. Casting and surface feature information for all public utilities in the project area will be collected for potential maintenance type repair information. All other project areas will utilize available Dakota County GIS data for design to reduce project costs. Consistent with the schedule included in the RFP, approximately eight months of design time have been allotted to prepare plans and specifications for bidding. We will host monthly meetings with the City and SPRWS during the design stage to provide updates on design, discuss pertinent project details, and make decisions on project design items. MnDOT will be invited into these monthly meetings as necessary to discuss work at the project intersections with TH 149 (Dodd Road). In addition, we propose bi-weekly check-in meetings with the City project manager to allow another scheduled touch point for the project team. We have found these check-in meetings help keep the project on track, avoid multiple daily back and forth emails, and provide a dedicated time for both Kimley-Horn and the City to get answers and make decisions on pertinent project items. Because of the large scale of the project and significant watermain work, coordination with private utilities will be critical to keeping the project on schedule. We have found that early and persistent communication from the project team is necessary to best position projects for quick starts during Spring construction. We will host two private utility coordination meetings ahead of bidding the project. We have strategically positioned these meetings around the preliminary and 95% plan submittals to the City and State Aid. In addition, we propose to engage private utility companies about the project during the feasibility phase so that significant advance notice for the project is provided and potentially allow any relocation work to occur in the Fall/Winter of 2024/2025 if feasible. Staying in front of and planning for private utility relocations will be critical to keeping the project on schedule for completion in 2025. Bid Solicitation Stage We propose advertising the project via QuestCDN. Bid results information will be tabulated and summarized for City use in awarding the project. Proposal for 3 City of Mendota Heights, MNFriendly Hills Neighborhood Improvements for the RSRD06002.2024 182 of 240 Construction Stage No matter how well the proposed improvements were communicated during feasibility and design stages or how much advance notice is given for construction activities, lack of communication during construction will anger residents, create the need for more City staff time to address resident complaints, and can erode trust built between the City and the neighborhood. We have assumed the City will provide regular construction updates via their project website but have found an interactive construction interface approach helps communicate construction more effectively. As an additional service, we propose using PublicCoordinate to share construction updates. It’s mobile, tablet, and desktop-friendly interface makes it easy to view wherever you are located. It also provides the ability to toggle between multiple project phases in one map. We anticipate watermain and roadway work to likely be occurring at the same time. Communicating construction activity locations, different phasing, and disruptions to driveway access is much easier and more effectively done via an interactive mapping tool. We understand the City has an excellent reputation with its citizens in being responsive to their concerns, addressing any construction related items that arise, and always having a point of contact available when needed. Our project manager, Luke Moren, and construction observer, Mitch Joyce, have been partnering for multiple years on street improvement projects and both have a passion for seeing projects built well and providing a positive experience for impacted residents. We have allocated time for Mitch to be committed to the project as a full time construction observer between May 2025 – September 2025 and part-time for project closeout. Mitch will also attend the public informational meeting ahead of construction to establish a point of connection between the construction point of contact and the neighborhood. We have found this helps build trust and relationships between the project construction staff and neighborhood on other projects. Weekly construction meetings will be the primary time when the project team will receive updates on the week’s work, and be able to communicate those updates to the neighborhood. Our construction observer will provide full construction observation on all street and City utility improvements, coordinate with the SPRWS inspector, document observation via daily reports, photograph construction activities, coordinate staking and materials testing needs, perform wage interviews as required by State Aid, coordinate with design engineer on any design questions, and be available during all working hours for resident questions. Post Construction Stage Record drawings will be prepared following construction by the construction observer so firsthand construction knowledge is incorporated into the drawings. 3. Project Team Organizational Chart Geotechnical and Materials Testing Braun Intertec Roadway and Utility Engineer Mike Kinning, P.E. Topographic Survey Gorman Surveying, Inc. Construction Observation Mitch Joyce Staff Engineer/Designer Blake Tamminen, EIT Project Manager Luke Moren, P.E. Senior Project Advisor Eric Fosmo, P.E. Kimley-Horn developed our own proprietary software specifically for enhancing the public input process. It is a simple, user-friendly, interactive map-based platform to share information with the public and gather data-driven feedback at specific times during the engagement process. www.publiccoordinate.com Proposal for 4 City of Mendota Heights, MNFriendly Hills Neighborhood Improvements for the RSRD06002.2024 183 of 240 LUKE MOREN, P.E. Project Manager Luke has 12 years of roadway, storm drainage, water main, and sanitary sewer design experience on municipal infrastructure projects where he has provided project management, technical design, plan and specification preparation as well as cost estimating. His experience ranges from conceptual planning and feasibility phases of projects to detailed final design and construction administration. He is experienced with incorporating city standards and priorities into solving difficult project challenges through his experience working for several municipalities. ERIC FOSMO, P.E. Senior Project Advisor/QC/QA Eric has more than 18 years of trail, roadway, drainage, and hydraulic design experience on municipal infrastructure improvement projects. His experience includes all phases of project delivery including preliminary design, feasibility studies, public engagement, final design, and construction phase services. Eric exhibits a passion for multidisciplinary projects and is adept at balancing the priorities of multiple project stakeholders and funding agency requirements to deliver the project efficiently and effectively. MIKE KINNING, P.E. Roadway and Utility Engineer Mike has six years of experience in the preliminary and final design of roadways, storm sewer design, utility design, cost estimation, and construction observation to municipal and county clients. He specializes in the design of watermain, sanitary sewer, storm sewer, ADA facilities, and roadways. Construction observation experience includes city street reconstruction, watermain and sanitary sewer installation, storm sewer, retaining walls, and managing materials testing. BLAKE TAMMINEN, EIT Staff Engineer/Designer Blake has three years of experience primarily serving municipalities in the south metro. His experience includes roadway, storm drainage, watermain, and sanitary sewer design experience on municipal infrastructure projects. His role on projects ranges from task management, technical design, cost estimating, plan, specification preparation, and construction observation. Blake recently supported the 2024 pavement management project in Inver Grove Heights which included extensive FDR improvements. MITCH JOYCE Construction Observer Mitch has nine seasons of construction experience that includes construction observation, administration, testing, surveying, and AutoCAD drafting. He began his construction experience working with Olmsted County and the City of Fargo. Work for these agencies included bituminous and concrete paving, curb and pavement rehabilitation, new developments, trail reconstruction, materials testing, and concrete rehabilitation of several miles of their roadways. Mitch’s most recent observation work on projects in Inver Grove Heights, City of Lakeville, and Dakota County included parking lot rehabilitations, storm water systems, public utility improvements, street reconstructs, ADA improvements, trenchless watermain installations, historical preservation, sidewalk and trail networks, retaining walls, and new developments. Project Leadership The project leadership team of Luke and Eric form a well-balanced team that is committed and available to provide overall project management and support to the team. Together, they have extensive experience working with our project team delivering municipal street improvement projects in the Dakota County area. Luke’s strong communication skills, proactive project management, and extensive final design and construction experience will provide day-to-day leadership. Eric bolsters this with extensive project delivery experience on City projects. Luke’s approach to leading this project includes: »Proactive leadership of the PMT, design team, and subconsultatns »Clear, concise, and consistent communication with the project team, City, SPRWS, and other stakeholders »Strategic thinking and innovative solutions to help resolve issues and keep the project on schedule »Empowerment of team leads to work together, manage their respective team, and coordinate directly with project leadership to resolve issues quickly »Integrate and promote quality best practices into everyday activities »Partner with Eric strategically on critical design challenges and public outreach/messaging Proposal for 5 City of Mendota Heights, MNFriendly Hills Neighborhood Improvements for the RSRD06002.2024 184 of 240 2024 Pavement Management Initiative I City of Inver Grove Heights PROJECT RELEVANCE: »Feasibility, Design, Engagement, Bidding, and Full Construction Phase Services for Full Depth Pavement Reclamation Improvements Kimley-Horn performed feasibility study phase services for the City’s 2024 pavement rehabilitation program project which included 5.9 miles of FDR street improvements and 0.4 miles of mill and overlay street improvements. Construction will begin in summer 2024 and Kimley-Horn will be supporting the City with construction administration and providing full time construction observation services. The proposed improvements include storm sewer, water main, and sanitary sewer maintenance upgrades and some structure replacements. The feasibility study phase included a public open house meeting to share preliminary assessments and discuss the proposed improvements. Kimley-Horn is providing feasibility study phase services, assessment roll calculations, preliminary and final design, cost estimating, special provision preparation, private utility coordination, bidding services, and construction administration and observations. E Key Team Members and Role – Luke Moren (Project Manager), Eric Fosmo (Senior Project Advisor/QC/QA), Blake Tamminen (Project Engineer), Mitch Joyce (Construction Observer)CARMENAVE6 5 THS T E 7 5T H ST E INVER GROVE TRLDAWN AVEDICKMAN TRLCAHILLAVECUNEE N TR LCLAYTON AVECOLLEGE TRL 7 8 T H S T E OLD CONCORD BLVDBLAINE AVE72ND ST E 105TH ST EBRODERICKBLVD96TH S T E BA R NES WAY RIVER RDRIVERHEIG HTS WAYCONCORDBLVD 70T H S T E 80 TH S T E£¤52 £¤52 City of Inver Grove Heights Pavement Management Initiative 2024 Project Locations 0 0.5 10.25 Miles ±Map produced by the City of Inver Grove Heights GIS Dept.THIS DRAWING IS NEITHER A LEGALLY RECORDED MAP NOR ASURVEY AND IS NOT INTENDED TO BE USED AS ONE. THISDRAWING IS A COMPILATION OF RECORDS, INFORMATION ANDDATA LOCATED IN VARIOUS CITY, COUNTY AND STATE OFFICESAND OTHER SOURCES AND IS TO BE USED FOR REFERENCEPURPOSES ONLY. THE CITY OF INVER GROVE HEIGHTS IS NOTRESPONSIBLE FOR ANY INACCURACIES HEREIN CONTAINEDCopyright© City of Inver Grove Heights 2023 2024 (6.6 Miles) Total Annual Miles 2024 (0.7 Miles)Mill & Overlay 2024 (5.9 Miles)Partial Recon (FDR) Legend Bixby Way South Grove Area 7 Delano Way & Dempsey Way Corcoran Path & Dawson Inver Grove Trail (Pine Bend)96th Street and 99th Street Area BRAUN INTERTEC Geotechnical and Materials Testing Braun Intertec has a team of more than 1,000 engineers, scientists, managers, and field personnel specialize in more than 100 technical services. With rigorous QC/ QA programs and numerous national accreditations, you’ll find reliable and cost-effective solutions regardless of your project scope. The Braun team matches that expertise and commitment to quality with a collaborative mindset to deliver the science you need to be successful. They provide geotechnical engineering services as well as materials testing. GORMAN SURVEYING, INC. Topographic Survey and Construction Staking Gorman Surveying, Inc. specializes in providing field engineering and construction surveying services to a large range of clients across the upper Midwest, which includes engineering firms, public utilities, government agencies, and heavy construction contractors. Their areas of expertise include the following types of surveys: construction, engineering, boundary, American Land Title Association, hydrographic, photographic (ground control), and topographic. The personnel at Gorman are all highly qualified individuals with an average of more than 15 years of experience. Project Experience Kimley-Horn has a wealth of experience that has prepared us to assist your team with the Friendly Hills Neighborhood Improvements Project. Please see the following project examples that illustrate our expertise. Conflict of Interest None. Neither Kimley-Horn nor any of its employees have any known potential conflicts of interest due to other clients, contracts, or property interests arising from this contract. To the best of Kimley-Horn’s knowledge, there are no circumstances that would cause a conflict of interest in performing our services for the City of Mendota Heights. Proposal for 6 City of Mendota Heights, MNFriendly Hills Neighborhood Improvements for the RSRD06002.2024 185 of 240 Delaney Circle and Delaney Court Improvements I City of Inver Grove Heights PROJECT RELEVANCE: »Feasibility, Design, Engagement, Bidding, and Construction Administration Services for Full Depth Pavement Reclamation Improvements Kimley-Horn provided feasibility study phase, design phase, bidding, and construction administration services for a full depth reclamation pavement improvement project along Delaney Circle and Delaney Court. Kimley-Horn supported the City on all public engagement activities and attended the public improvement and assessment hearing council meetings to support City staff. Kimley-Horn administered the construction contract and was the main point of contact during construction for the City construction inspector and contract. E Key Team Members and Role – Luke Moren (Project Manager), Mike Kinning (Project Engineer), Eric Fosmo (Senior Project Advisor/QC/QA) Annapolis Street Reconstruction I City of West Saint Paul and Saint Paul PROJECT RELEVANCE: »Significant SPRWS watermain replacement. Kimley-Horn provided feasibility study phase, design phase, bidding, and limited construction phase services for the state aid funded Annapolis Street Reconstruction project in West Saint Paul and Saint Paul. The project includes the full street, storm, and some utility reconstruction of Annapolis Street between Smith Ave and Kansas Avenue. The project will be completed in 2024. The project included a feasibility study with special benefit assessments to property owners in two different Cities with each City utilizing a different assessment methodology. Multiple rounds of engagement were necessary during the feasibility study to obtain input on alternatives and effectively communicate proposed assessments. The project also included approximately 4,500 linear feet of watermain replacement and lead water service replacements by SPRWS. Significant coordination with SPRWS was required during preparation of final design plans and construction. Private utility relocations were planned, coordinated, and completed as feasible ahead of construction in Spring of 2023. E Key Team Members and Role – Luke Moren (Project Manager), Mike Kinning (Project Engineer), Blake Tamminen (Project Engineer), Eric Fosmo (QC/QA) Thompson Avenue and Oakdale Avenue Trail, Sidewalk, and Roundabout Improvements I City of West Saint Paul and Dakota County PROJECT RELEVANCE: »Full Construction Phase Services including significant engagement with residents and the general public. Kimley-Horn provided preliminary and final design, bidding phase, and full construction phase services for the federal funded Thompson Avenue and Oakdale Avenue Trail, Sidewalk and Roundabout Improvements project. The project included a mill and overlay of Thompson Avenue between Robert Street and TH 52 and of Oakdale Avenue between Wentworth Avenue and Butler Ave. New trails and sidewalks and a roundabout at the Oakdale Avenue and Thompson Avenue intersection were also included in the project. The project required extensive public engagement and right of way acquisition and more that 70 different properties required easements. Kimley-Horn fully administered and observed the construction project in 2023 and significant coordination and communication with adjacent property owners was necessary Construction of the improvements was substantially completed at the end of 2023. Adjustments to existing SPRWS hydrants and valves, watermain offsets for storm sewer conflicts, and curb stop repairs were necessary as a part of the project. E Key Team Members and Role – Luke Moren (Project Manager), Mike Kinning (Project Engineer), Blake Tamminen (Project Engineer), Eric Fosmo (Senior Project Advisor/QC/QA), Mitch Joyce (Part-time Construction Observer) Proposal for 7 City of Mendota Heights, MNFriendly Hills Neighborhood Improvements for the RSRD06002.2024 186 of 240 4. Detailed Work Plan Kimley-Horn has prepared a detailed work plan to align with our approach detailed previously, overall project schedule incorporating deliverables, stakeholder participation, and scope assumptions, which will serve as a guide to delivering this project. The combination of the detailed work plan, schedule, and cost proposal will serve as a roadmap for the project and provides assurance that Kimley-Horn is well prepared to deliver this project on time and within budget. We have leveraged our previous project experience to prepare a work plan that responds comprehensively to the requirements of the RFP, the needs of this project, and fully represents our anticipated scope of work needed to successfully deliver this project. Our detailed work plan is included in the Appendix. Our full scope assumptions are provided in the work plan but have highlighted a few key assumptions below: »Bi-weekly check-in meetings for ef ficient communication between project team and City »Full topographic survey only in areas of significant utility improvements (generally half of roadways with watermain replacement) »Corrosivity testing is included as a par t of the geotechnical services per SPRWS requirements. »GPR and pavement cores are offered as an option service. »Stormwater management and hydraulic analysis is limited to Creek Avenue and no stormwater treatment/management design is assumed to be a part of the project »Cross sections only where full roadway reconstruction is needed due to utility improvements »Full time construction observation (up to forty (40) hours per week) during active construction. »SPRWS to provide an inspector for watermain improvements. Project Milestones and Completion Dates Our project schedule incorporates adequate time for public engagement, provides for private utility relocation as necessary, incorporates a State Aid Plan review, and follows the required State Statute 429 process for special assessments. A critical milestone schedule is included below, and a full, detailed schedule is included in the Appendix. 2024 2025 TASK Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Task 01. Project Management and Quality Functions Task 02. Feasibility Stage Task 03. Design Stage Task 04. Bid Solicitation Stage Task 05. Construction Stage Key: Open House 90% Completion Final Plans Private Utility Meetings Bid Opening Substantial Completion (09/30) A detailed schedule is provided in the Appendix. RSRD06002.2024 Proposal for 8 City of Mendota Heights, MNFriendly Hills Neighborhood Improvements for the 187 of 240 5.Proposed Compensation The Kimley-Horn team will perform the general scope of services identified in the RFP and as further clarified and detailed in our Work Plan, provided in the Appendix, within the work tasks shown in the table below. TASK SUBTOTAL Task 01. PROJECT MANAGEMENT 9,040 Task 02. FEASIBILITY STAGE 66,225 Task 03. DESIGN STAGE 216,680 Task 04. BID SOLICITATION STAGE 4,320 Task 05. CONSTRUCTION STAGE 304,620 TOTAL ESTIMATED PROJECT COST 599,885 Please reference the appendix section for further details about Optional Task 06 A detailed fee estimate and proposed hourly rates are provided in the Appendix. Proposal for City of Mendota Heights, MNFriendly Hills Neighborhood Improvements for the RSRD06002.2024 9 188 of 240 Appendix 189 of 240 TASKS/SUBTASKS SCOPE/DELIVERABLES ASSUMPTIONS PRIMARY TASK LEAD SECONDARY SUPPORT GENERAL SCHEDULE Task 1 - Project Management Task 1.1 - Project Management Coordination with City Project Manager and internal team, updates to project schedule, invoicing, contract amendment requests (if necessary), and cost updates. Project management administrative tasks (invoicing, schedule, etc.) are included for all project phases in this task. Includes coordination with subconsultants (geotech and survey). Luke Moren (Project Manager)Eric Fosmo (Senior Project Advisor/ QC/QA)February 2024 - June 2026 Task 2 - Feasibility Stage Task 2.1 - Project Kick-Off Meeting and Bi-Weekly Check-Ins Schedule, deliver, and document up to one (1) project kickoff meeting and up to eight (8) bi-weekly project manager/City staff check-in meetings. Prepare exhibits, agendas, action items, and meeting summaries from each meeting or call. Project management administrative tasks (invoicing, schedule, etc.) are included for feasibility phase in this task. SPRWS to be invited to bi-weekly check in meetings as necessary to discuss the scope of watermain improvements. Luke Moren (Project Manager)Mike Kinning (Project Engineer)February 2024 - August 2024 Task 2.2 - Feasibility Report Prepare draft and final feasibility report for the proposed improvements including the items listed in the RFP. City staff to prepare and provide draft assessment roll. Public hearing notices will be prepared and mailed by the City.Luke Moren (Project Manager) Mike Kinning (Project Engineer), Eric Fosmo (Senior Project Advisor/QC/QA) February 2024 - July 2024 Task 2.3 - Feasibility Stage Open House Meetings Coordinate up to two (2) in person public open house meetings. This includes preparing notices for posting to the City website, newsletter preparation, social media, and newspaper ads. Materials include layouts, boards, handouts, presentation materials, and kids activities if applicable. Prepare and distribute a project questionnaire to obtain input on the project. Assumes up to two (2) Kimley-Horn staff members will attend the open house meetings. We have assumed these meetings will occur during preparation of the feasibility study and ahead of the Public Improvement Hearing. Questionnaire will be included in the newsletter for the first open house meeting. Postage for newsletter invitation to open house meetings is included. Luke Moren (Project Manager)Eric Fosmo (Senior Project Advisor/QC/QA) Open House #1 - May 2024 Open House #2 - August 2024 Task 2.4 - Feasibility Stage Agency and Stakeholder Engagement Prepare for and attend up to two (2) City Council meetings including preparation of a presentation. Prepare exhibits/ materials for and attend up to two (2) other project meetings that may be held with Council, residents, or informally with the larger resident group. Assumes the Project Manager will only attend the Council meetings and other project agency/stakeholder meetings.Luke Moren (Project Manager)Eric Fosmo (Senior Project Advisor/QC/QA) Council Meeting #1 - July 2044 Council Meeting #2 - August 2024 Other Meetings - March 2024 - August 2024 Task 2.5 - Geotechnical Investigation Obtain geotechnical borings and prepare geotechnical report including recommendations for pavement rehabilitation and utility improvements. Obtain up to thirty (30) standard penetration borings for use in utility and pavement design recommendations. Up to three (3) of the borings will be 24.5 feet deep for the purposes of sanitary sewer interceptor design. Up to ten (10) corrosivity tests will be performed for the purposes of watermain design and SPRWS requirements. Additional pavement cores and GPR are not included in the base scope and are an option service detailed in task six below. Braun Intertec Mike Kinning (Project Engineer)April 2024 - June 2024 Task 3 - Design Stage Task 3.1 - Topographic Survey Obtain necessary topographic survey for design of the proposed improvements. Full topographic survey will be obtained along the side of roadways with watermain replacement and within street segments of full sanitary sewer interceptor replacement. Project areas will no watermain improvements will utilize available GIS data for design. Utility castings/surface feature data will be obtained on all roadway segments in the project area. One additional site visit beyond the main data collection timeframe is included to capture any additional data that may be necessary. Gorman Surveying Mike Kinning (Project Engineer)July 2024 - August 2024 Task 3.2 - Design Stage Team Meetings Schedule, deliver, and document up to seven (7) project management team meetings held on a monthly basis and up to seven (7) bi-weekly project manager/City staff check-in meetings. Prepare exhibits, agendas, action items, and meeting summaries from each meeting or call. Project management administrative tasks (invoicing, schedule, etc.) are included for feasibility phase in this task. SPRWS to be invited to bi-weekly check in meetings or PMT meetings as necessary to discuss watermain improvements. Luke Moren (Project Manager) Mike Kinning (Project Engineer), Eric Fosmo (Senior Project Advisor/QC/QA) August 2024 - January 2024 RSRD06002.2024 Proposal for ii City of Mendota Heights, MNFriendly Hills Neighborhood Improvements for the 190 of 240 TASKS/SUBTASKS SCOPE/DELIVERABLES ASSUMPTIONS PRIMARY TASK LEAD SECONDARY SUPPORT GENERAL SCHEDULE Task 3.3 - Final Design Prepare preliminary and final design construction plans for the proposed improvements. Cross sections will only be required in areas of full roadway width reconstruction (if applicable). Roadway profile will only be shown for areas with watermain, storm, or sewer improvements are proposed. Construction and utility plans are assumed to be prepared at 30 scale, consistent with similar projects completed for adjacent municipalities. The following plan sheets are assumed to be prepared for the project: Cover Sheet, Statement of Estimate Quantities, General Layout, Construction Notes, Typical Sections/Insets, Standard Plats and Plan Sheets, Removal and Existing Conditions Plans, Turf Establishment and Erosion Control Plans, Construction Plan and Profile, Storm Sewer and Sanitary Sewer Laterals, Signing and Striping Plan, Intersection Details (only in full recon areas), Stormwater Pollution Prevention Plan (SWPPP), and Cross Sections (as applicable). Assumes plans will be submitted to City for review at 60%, 90%, and 100% design stages. No stormwater treatment BMP design is assumed as necessary with the project. Hydraulic analysis for Creek Avenue is included in Task 3.9 but is assumed is not necessary in other areas of the project. Mike Kinning (Project Engineer)Luke Moren (Project Manager), Blake Tamminen (Project Engineer) 60% Design - August 2024 - September 2024 90% Design - September 2024 - December 2024 100% Design Complete - February 2025" Task 3.4 - Design Stage Open House Meeting Coordinate up to one (1) in person public open house meeting. This includes preparing notices for posting to the City website, newsletter preparation, social media, and newspaper ads. Materials include layouts, boards, handouts, presentation materials, and kids activities if applicable. Assumes up to two (2) Kimley-Horn staff members will attend the open house meetings. We have assumed the focus of this meeting is to present the final proposed improvements and provide details regarding construction. Postage for newsletter invitation to open house meetings is included. Luke Moren (Project Manager)Eric Fosmo (Senior Project Advisor/ QC/QA)January 2025 Task 3.5 - Design Stage Agency and Stakeholder Engagement Prepare for and attend up to three (3) City Council meetings. Submit and obtain approvals from State Aid for the proposed improvements. Council meetings during design stage will not require extensive presentations unless specific design updates that deviate from the feasibility study are necessary. Luke Moren (Project Manager)Mitch Joyce (Construction Observer)July 2024 - February 2025 Task 3.6 - Technical Specifications and Project Manual Prepare special provisions and overall project manual for the proposed improvements. Assumes project manual and specifications will be consistent with example versions provided by the City on previous City street improvement projects. Specifications and project manual will be included in the 90% submittal. Mike Kinning (Project Engineer)Luke Moren (Project Manager), Blake Tamminen (Project Engineer)September 2024 - February 2025 Task 3.7 - Cost Estimates Opinion of probable cost for all proposed improvements.Cost estimates will be prepared to accompany the 60%, 90%, and final plan submittals.Mike Kinning (Project Engineer)Luke Moren (Project Manager), Blake Tamminen (Project Engineer)August 2024 - February 2025 Task 3.8 - Private Utility Coordination Prepare for and conduct up to two (2) private utility coordination meetings including preparation of meeting summaries. Complete a Gopher One Call mapping ticket for private utilities. In addition to the two (2) private utility coordinator meetings, additional email correspondence to all private utilities making them aware of the project will be completed during feasibility stage. An additional twenty (20) hours of time is included in this task for email and phone correspondence with private utilities. Mike Kinning (Project Engineer)Luke Moren (Project Manager), Blake Tamminen (Project Engineer)August 2024 - February 2025 Task 3.9 - Hydraulic Analysis Perform a hydraulic analysis for sizing new storm sewer on Creek Avenue. Spread calculations, pipe hydraulics, and a short report will be prepared to document the Creek Avenue new storm sewer. No other hydraulic analysis or spread analysis will be performed in the other project areas. Any storm sewer replaced on other project streets as a result of watermain or sewer impacts will be replaced in kind. We have also assumed any stormwater treatment will be accommodated off-site in adjacent stormwater basins as a part of separate City projects. Mike Kinning (Project Engineer)Luke Moren (Project Manager), Blake Tamminen (Project Engineer)August 2024 - February 2025 TASK 4 - BID SOLICITATION STAGE Task 4.1 - Bid Advertisement and Opening Prepare bid advertisement for via on QuestCDN and conduct bid opening. Answer questions during bidding and prepare necessary addenda. We have assumed up to two (2) addenda may be necessary during bidding of the project.Mike Kinning (Project Engineer)Luke Moren (Project Manager), Blake Tamminen (Project Engineer)February 2025 - March 2025 RSRD06002.2024 Proposal for iii City of Mendota Heights, MNFriendly Hills Neighborhood Improvements for the 191 of 240 TASKS/SUBTASKS SCOPE/DELIVERABLES ASSUMPTIONS PRIMARY TASK LEAD SECONDARY SUPPORT GENERAL SCHEDULE Task 4.2 - Bid Summary Tabulate bid results and prepare summary information for City use.N/A Mike Kinning (Project Engineer)Luke Moren (Project Manager), Blake Tamminen (Project Engineer)March 2025 TASK 5 - CONSTRUCTION STAGE Task 5.1 - Preconstruction Meeting, Conformed and Post- Letting Documentation Prepare for and conduct preconstruction meeting including preparation of meeting summary. Prepare conformed documents for construction. Up to two (2) Kimley-Horn staff members to attend preconstruction meeting.Luke Moren (Project Manager)Mitch Joyce (Construction Observer)April 2025 Task 5.2 - Shop Drawing Review Review shop drawings provided by the Contractor. We have assumed shop drawings will include storm sewer/sanitary sewer structures, concrete mix designs, bituminous mix designs, aggregates, and sign plate shop drawings Mike Kinning (Project Engineer), Blake Tamminen (Project Engineer)Mitch Joyce (Construction Observer)May 2025 - October 2025 Task 5.3 - Construction Observation Provide construction observation for the duration of the construction project in 2025. We have assumed the project will span fully between May 2025 and September 2025 (twenty one (21) weeks) to reach substantial completion. We have assumed construction observation efforts will require up to forty (40) hours per week during the assumed twenty one (21) week construction schedule. Following substantial completion in September, we have assumed an additional one hundred (100) hours of on-site observation during October will be necessary for punch list/ outstanding construction items. Mitch Joyce (Construction Observer)Blake Tamminen (Project Engineer)May 2025 - October 2025 Task 5.4 - Partial Payments, Final Payments, and Change Orders Prepare and coordinate up to five (5) partial payments, prepare one (1) final payment, and up to three (3) change orders for the project. Payments will be in Excel format unless a different City format is provided.Luke Moren (Project Manager), Blake Tamminen (Project Engineer)Mitch Joyce (Construction Observer)May 2025 - October 2025 Task 5.5 - Construction Administration and Weekly Meetings Provide overall construction administration on the project during construction. Prepare for and conduct weekly construction meetings. We have assumed up to twenty five (25) weekly construction meetings will be held. We will do spot reviews of certified payroll reports, review request to sublet forms, and other compliance tasks with MnDOT state aid. Luke Moren (Project Manager), Blake Tamminen (Project Engineer)Mitch Joyce (Construction Observer)May 2025 - October 2025 Task 5.6 - Construction Staking Provide construction staking for the proposed roadway, storm sewer, and utility improvements. Construction staking for curb and gutter, watermain, sanitary sewer, and storm sewer will be provided. We have assumed blue tops will only be provided in cul- de-sacs and assumed centerline blue-tops can be provided by the Contractor from curb and gutter stakes. We have assumed scope of staking work to be re-evaluated upon completion of final plans to confirm scope of project work is consistent with assumptions in the RFP. Gorman Surveying Mitch Joyce (Construction Observer)May 2025 - October 2025 RSRD06002.2024 Proposal for iv City of Mendota Heights, MNFriendly Hills Neighborhood Improvements for the 192 of 240 TASKS/SUBTASKS SCOPE/DELIVERABLES ASSUMPTIONS PRIMARY TASK LEAD SECONDARY SUPPORT GENERAL SCHEDULE Task 5.7 - Materials Testing Provide construction materials testing per the City of Mendota Heights and MnDOT's Schedule of Materials Control. Soil materials related testing includes nuclear gauge density tests on sub-grade preparation and utility backfill (up to thirty eight (38) trips), moisture content tests on sub-grade preparation, utility backfill, and aggregate base materials, DCP tests on reclaimed base (up to twenty four (24) tests), and preparation of a preliminary and final grading and base report. Concrete materials related testing includes obtaining cylinders for compressive strength of curb and gutter and flatwork areas (up to twenty (20) tests). Bituminous materials related testing includes collecting verification samples per MnDOT 2360 specification and performing quality assurance testing on verification samples (up to fourteen (14) days of paving sampling). Companion cores will also be collected for thickness and density. We have assumed materials testing on this project will adhere to the requirements of the MnDOT Schedule of Materials Control. Braun Intertec Mitch Joyce (Construction Observer)May 2025 - October 2025 Task 5.8 - Punch List and Project Closeout Prepare punch list following substantial completion including one (1) walkthrough. Obtain as-built survey information and prepare record drawings. We have allocated up to 40 (forty) hours of site visit time by the construction observer in 2026 may be necessary to close out the project. City to provide example record drawing plans for use in preparing the as-built survey. Luke Moren (Project Manager), Mitch Joyce (Construction Observer)Blake Tamminen (Project Engineer)October 2025 - June 2026 OPTIONAL TASKS Task 6.1 - PublicCoordinate Tool Utilize Kimley-Horn's PublicCoordinate tool to communicate construction updates and phasing information with the public. Interactive map will be updated on a weekly basis to communicate construction phasing and activity updates with the public. If necessary, major changes may also be made on a more frequent basis if large changes to construction activities occur. We have assumed we will make map updates between May and end of September during active construction. Luke Moren (Project Manager), Mitch Joyce (Construction Observer)Blake Tamminen (Project Engineer)During active construction in 2025 Task 6.2 - Ground Penetrating Radar (GPR), Pavement Coring, and Hand Auger Borings Obtain GPR, pavement cores, and hand auger borings to supplement geotechnical information obtained in Task 3.2. GPR will be obtained first and utilized to determine potential locations for additional pavement cores or hand auger borings. We have assumed up to fifteen (15) pavement cores and hand auger borings may be necessary. Luke Moren (Project Manager), Mitch Joyce (Construction Observer)Blake Tamminen (Project Engineer)During active construction in 2025 RSRD06002.2024 Proposal for v City of Mendota Heights, MNFriendly Hills Neighborhood Improvements for the 193 of 240 Project Manager/ QC/QATask LeadGraduate Engineer or PlannerCAD/Graphics DesignerAdminConstruction ObserverSub-Consultant (Topo Survey and Construction Staking)Sub-Consultant (Geotech and Materials Testing)Total Hours Expenses Estimated Fees TASK 1 PROJECT MANAGEMENT 1.1 Project Management 32 32 64 $8,640 Subtotal 32 0 0 0 32 0 0 0 64 400$ $8,640 TASK 2 FEASIBILITY STAGE 2.1 Project Kickoff Meeting and Bi-Weekly Check-Ins 14 10 24 48 $7,140 2.2 Feasibility Report 6 40 20 12 78 $11,240 2.3 Feasibility Stage Open House Meetings 8 8 28 28 16 88 $11,360 2.4 Feasibility Stage Agency and Stakeholder Engagement 4 4 16 4 28 $3,760 2.5 Geotechnical Investigation 2 4 2 215 223 $30,025 Subtotal 32 64 92 40 22 0 0 215 465 1,700$ $63,525 TASK 3 DESIGN STAGE 3.1 Topographic Survey 2 6 2 252 262 $34,020 3.2 Design Stage Team Meetings 28 14 32 74 $11,300 3.3 Final Design 46 170 410 404 1030 $139,600 3.4 Design Stage Open House Meeting 6 6 16 28 $4,060 3.5 Design Stage Agency and Stakeholder Engagement 6 6 8 20 $3,020 3.6 Technical Specifications and Project Manual 4 14 20 4 42 $5,780 3.7 Cost Estimates 2 12 20 34 $4,760 3.8 Private Utility Coordination 2 16 40 58 $7,960 3.90 Hydraulic Analysis 4 8 24 36 $5,040 Subtotal 98 248 570 410 6 0 252 0 1584 9,100$ $207,580 TASK 4 4.1 Bid Advertisement and Opening 2 10 12 24 $3,420 4.2 Bid Summary 1 4 5 $700 Subtotal 3 10 16 0 0 0 0 0 29 200$ $4,120 TASK 5 5.1 Preconstruction Meeting, Conformed and Post-Letting Documentation 2 10 24 8 44 $6,020 5.2 Shop Drawing Review 2 16 20 12 50 $6,920 5.3 Construction Observation 940 940 $122,200 5.4 Partial Payments, Final Payments and Change Orders 4 24 12 30 70 $9,780 5.5 Construction Administration and Weekly Meetings 12 60 12 84 $12,720 5.6 Construction Staking 1 4 10 402 417 $54,340 5.7 Materials Testing 1 4 10 506 521 $70,390 5.8 Punch List and Project Closeout 1 12 32 40 17 102 $13,550 Subtotal 23 130 100 0 0 1050 419 506 2228 8,700$ $295,920 SUBTOTAL OF ESTIMATED PROJECT COSTS $20,100 $579,785 TOTAL ESTIMATED PROJECT COST (FEES AND EXPENSES) TOTAL PROJECT HOURS 188 452 778 450 60 1050 671 721 4370 Staff Billing Rates (Per Hour)$180-$255 per hour $140-$205 per hour $105-$170 per hour $125-$190 per hour $85-$145 per hour $130-$160 per hour $115-$250 per hour $125-$250 per hour TASK 6 OPTIONAL TASKS 6.1 PublicCoordinate Tool 4 40 120 8 172 2,500$ $23,360 6.2 Ground Penetrating Radar (GPR), Pavement Coring, and Hand Auger Borings 1 4 6 38 49 100$ $6,690 FRIENDLY HILLS NEIGHBORHOOD IMPROVEMENTS FEE ESTIMATE BID SOLICITATION STAGE CONSTRUCTION STAGE $599,885 Proposal for City of Mendota Heights, MNFriendly Hills Neighborhood Improvements for the 194 of 240 ID Task Name Start Finish 1 CONSULTANT CONTRACT AWARD Tue 2/20/24 Tue 2/20/24 2 TASK 1: PROJECT MANAGEMENT AND QUALITY CONTROL FUNCTIONS Tue 2/20/24 Tue 6/30/26 3 TASK 2: FEASIBILITY STAGE Wed 2/28/24 Fri 8/30/24 4 Project Kick-off Meeting Wed 2/28/24 Wed 2/28/24 5 Bi-Weekly Check-In Meetings Fri 3/1/24 Fri 8/30/24 6 Draft Feasibility Report Fri 3/1/24 Fri 5/31/24 7 Open House #1 - Project Informational Meeting Wed 5/15/24 Wed 5/15/24 8 Private Utility Initial Notification Mon 6/3/24 Fri 6/28/24 9 Final Feasibility Report Mon 6/3/24 Fri 7/5/24 10 City Council Meeting Tue 7/16/24 Tue 7/16/24 11 Open House #2 - Improvement Hearing Informational Meeting Wed 8/7/24 Wed 8/7/24 12 Public Improvement Hearing Tue 8/20/24 Tue 8/20/24 13 Stakeholder/Council Meetings Mon 4/1/24 Wed 7/31/24 14 TASK 3: DESIGN STAGE Mon 4/1/24 Fri 1/31/25 15 Topographic Survey Mon 7/1/24 Fri 8/30/24 16 Geotechnical Investigation Mon 4/1/24 Fri 6/28/24 17 PMT Meetings (6)Wed 8/21/24 Wed 1/22/25 24 Bi-Weekly Check-In Meetings Mon 8/26/24 Fri 1/31/25 25 Preparation of 60% Plans Wed 8/21/24 Fri 9/27/24 26 Private Utility Coordinaiton Meeting #1 Thu 9/5/24 Thu 9/5/24 27 Engineer's Opinion of Probable Cost (60%)Mon 9/9/24 Fri 9/27/24 28 Preparation of 90% Plans Mon 9/30/24 Fri 12/6/24 29 Engineer's Opinion of Probable Cost (90%)Mon 11/18/24 Fri 12/6/24 30 Private Utility Coordinaiton Meeting #2 Wed 12/18/24 Wed 12/18/24 31 90% Special Provisions and Project Manual Fri 11/1/24 Fri 12/6/24 32 Submit 95% Plans and Specs to State Aid Fri 12/6/24 Fri 12/6/24 33 Receive State Aid Approval and Final Plans Fri 1/31/25 Fri 1/31/25 34 Open House #3 - Final Design and Construction Informational Meeting Wed 1/8/25 Wed 1/8/25 35 TASK 4: BID SOLICITATION STAGE Tue 2/4/25 Tue 3/18/25 36 Council Approves Plans and Specs and Authorizes Ad for Bid Tue 2/4/25 Tue 2/4/25 37 Bid Advertisement and Solicitation Wed 2/5/25 Wed 3/5/25 38 Bid Opening Wed 3/5/25 Wed 3/5/25 39 Council Accepts Bids and Awards Contract Tue 3/18/25 Tue 3/18/25 40 TASK 5: CONSTRUCTION STAGE Wed 4/16/25 Fri 6/5/26 41 Preconstruction Meeting Wed 4/16/25 Wed 4/16/25 42 Construction Mon 5/12/25 Tue 9/30/25 43 Substantial Completion Tue 9/30/25 Tue 9/30/25 44 Punch List and Finalize 2025 Construction Wed 10/1/25 Fri 10/31/25 45 Record Drawings Complete and Final Construction Completion Fri 6/5/26 Fri 6/5/26 2/20 2/28 5/15 7/16 8/7 8/20 9/5 12/18 12/6 1/31 1/8 2/4 3/5 3/18 4/16 9/30 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct2025 Friendly Hills Neighborhood ImprovementsAnticipated Project ScheduleFebruary 2024 RSRD06002.2024 Proposal for vii City of Mendota Heights, MNFriendly Hills Neighborhood Improvements for the 195 of 240 196 of 240 _________________________________________________ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: March 6, 2024 AGENDA ITEM: Resolution 2024-08 Approving a Wetlands Permit for 941 Wagon Wheel Trail – Planning Case 2024-02 ITEM TYPE: ☐Consent ☐ Presentation/Recognition ☐ Public Hearing ☒New/Unfinished Business DEPARTMENT: Community Development CONTACT: Sarah Madden, Community Development Manager ACTION REQUEST: Adopt Resolution 2024-08 Approving a Wetlands Permit to allow the permitting and construction of a new single-family dwelling at 941 Wagon Wheel Trail. BACKGROUND: The subject property is legally described as Lot 2, Block 1, Lillies Lakeview and is generally located at the southwest corner of Rogers Lake-North, and north of Wagon Wheel Trail. The property is accessed by a partially paved and shared driveway, which is located within dedicated and undeveloped right-of-way known as Rogers Avenue on the official Plat. This shared driveway also serves two separate homes to the west, and will serve the recently approved home at 947 Wagon Wheel Trail to the north of the subject site. 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. The applicant is seeking to construct a new two-story 4,478 square foot single-family home on the lot with a 1,314 square foot attached garage (3,008 square-foot footprint). The site impacts within 100- feet of the normal high-water mark of Rogers Lake include site grading, tree removal, an infiltration basin, a 120 S.F. accessory structure, and construction of the principal dwelling structure. 9c197 of 240 The new home meets all required setbacks for this lot. The plan shows that the proposed home exceeds the 75’ setback from the Ordinary High-Water Line (OHWL) of Rogers Lake-North to the west and southwest. The accessory structure is also located outside of the OHWL setback. The closest point of the new dwelling as well as the southeast corner of the proposed 3-season porch to the rear of the home is approximately 97’ to the OHWL of Rogers Lake. The proposed upper deck on the rear of the home is not within the 100’ Wetlands buffer, and is setback 109’ at its closest point. Additionally, the proposed 12’x10’ (120 Square feet) shed is setback approximately 98’ to the OHWL of Rogers Lake. Along with the delineated 75’ OHWL setback line, the applicant has provided a 37.5’ buffer which is called out on the plans as a “No Impact Shore Zone” (see partial Site Plan image – page 4). This buffer is above and beyond what the City has often required as a condition of approval on other wetland permit applications. The Site and Grading Plan shows an infiltration basin south of the proposed home, planned to be 10’ wide and 1.2’ deep – and setback approximately 55’ from the OHWL of Rogers Lake. The Plan illustrates new, gradual grades to be created from the outer perimeter of the new dwelling, which tie into the existing grades moving east of the dwelling, and which provide drainage patterns south of the dwelling towards the infiltration basin. The City reviews grading, drainage and erosion control as part of the Wetlands Permit process for stormwater runoff and management, and the development will be subject to a Best Management Practices (Stormwater Management) Agreement. The contours illustrated on both the Site and Grading Plan, and the Erosion Control Plan indicate that no additional land disturbance through grading associated with the project will be located beyond the perimeter erosion control measures. The Site Plan shows many existing trees, with 26 trees indicated for removal on the attached “Trees to Be Removed Plan”. The applicant is proposing some vegetation removal to occur within the 37.5’ No Impact Zone as identified on the Trees to be Removed Plan, to facilitate the removal of seven (7) ash trees. Per 12-2-7A(23), the removal of diseased trees shall not be prohibited in the Wetlands District. At the February 28, 2024, Planning Commission meeting, a planning report was presented. A duly noticed public hearing was held, and no members of the public spoke for or against the application. The Planning Commission discussed the site plan and the inclusion of detailed landscaping plantings as part of the staff and Commission review. A copy of the 2/28/2024 planning report with attachments and an excerpt from the unapproved minutes are attached to this memo. As noted in the attachment, staff recommended approval of the Wetlands Permit. Following their discussion, the Planning Commission determined that the applicant met the conditions set forth in City Code Section 12-2-6 and voted unanimously (5-0) in support of the Wetlands Permit request with findings-of-fact and certain conditions, as outlined in the attached [draft] Resolution. 198 of 240 FISCAL AND RESOURCE IMPACT: Not Applicable ATTACHMENTS: Resolution 2024-08 Planning Staff Report 2/28/24 with attachments Excerpt from Unapproved Planning Commission Minutes CITY COUNCIL PRIORITY: ☒Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship ☐Premier Public Services & Infrastructure ☐Inclusive & Responsive Government 199 of 240 Res. No. 2024-08 Page | 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-08 RESOLUTION APPROVING A WETLANDS PERMIT AT 941 WAGON WHEEL TRAIL PLANNING CASE 2024-02 WHEREAS, SD Custom Homes/Sean Doyle, the Owner of 941 Wagon Wheel Trail, made an Application for a Wetlands Permit as proposed under Planning Case No. 2024-02; 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 Stormwater BMPs and erosion control measures, and an enhanced buffer along the lake’s edge which will help to reduce and eliminate any runoff from the site and into the water resource area; and WHEREAS, on February 28, 2024, the Mendota Heights Planning Commission conducted a public hearing on the proposed Wetlands Permit, and whereupon closing the hearing, recommended 5-0 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. 2024-02 is hereby affirmed, and the Wetlands Permit requested for the property located at 941 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. 200 of 240 Res. No. 2024-08 Page | 2 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 941 Wagon Wheel Trail is hereby approved, with the following conditions: 1. 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.Any new or existing sanitary or water service lines shall be reviewed by the Public Works Director and/or St. Paul Regional Water Services prior to issuance of any building permit. 4.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. 5.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. 6.All disturbed areas adjacent to the Rogers Lake edge shall be planted or seeded with MnDOT Seed Mix List #33-261, or a City-staff approved similar product. 7.No additional grading or other land disturbance shall occur within thirty-seven point five feet (37.5’) from the edge of the adjacent water body, except for the removal of diseased trees, installation of erosion control measures (if needed) or for the plantings of any new seed mixtures or landscaping materials, and only with city approvals. 8.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. 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. 201 of 240 Res. No. 2024-08 Page | 3 10. 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 11. 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. 12. 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. Adopted by the City Council of the City of Mendota Heights this 6th day of March 2024. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Stephanie B. Levine, Mayor ATTEST: Nancy Bauer, City Clerk 202 of 240 Res. No. 2024-08 Page | 4 EXHIBIT A Address: 941 Wagon Wheel Trail PIN: 274520001020 Legal Description: Lot 2, Block 1, LILLIES LAKEVIEW 203 of 240 PLANNING STAFF REPORT DATE: February 28, 2024 TO: Planning Commission FROM: Sarah Madden, Community Development Manager SUBJECT: Planning Case 2024-02 WETLANDS PERMIT APPLICANT: SD Custom Homes (Sean Doyle) PROPERTY ADDRESS: 941 Wagon Wheel Trail ZONING/GUIDED: R-1 One Family Residential/LR Low Density Residential ACTION DEADLINE: March 29, 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 legally described as Lot 2, Block 1, Lillies Lakeview and is generally located at the southwest corner of Rogers Lake-North, and north of Wagon Wheel Trail. The property is accessed by a partially paved and shared driveway, which is located within dedicated and undeveloped right-of-way known as Rogers Avenue on the official Plat. This shared driveway also serves two separate homes to the west, and will serve the recently approved home at 947 Wagon Wheel Trail to the north of the subject site. Prior to the subdivision of this property, this site was an un-platted parcel of land consisting of 6.05 total acres (including part of the adjacent lake) and contained one single-family home and some associated accessory structures. On April 26, 2022, the Planning Commission reviewed a proposed preliminary plat of “Lillies Lakeview” submitted by SD Homes/Sean Doyle, which 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 Planning Commission reviewed the Wetlands Permit for Lot 1 at their regular meeting on December 20, 2023, and the site has been approved for construction. 204 of 240 Planning Case 2024-02 (941 Wagon Whl. Trl. – SD Custom Homes) Page 2 of 11 The work proposed under this Wetlands Permit application is for Lot 2 of Lillies Lakeview addition. Of the 2.08 acres within the parcel boundaries, 1.18 acres are above the Ordinary High Water Line (OHWL) of Rogers Lake-North and the remaining acres are considered “water acres” of Rogers Lake (see GIS image – page 1). The applicant is seeking to construct a new two-story 4,478 square foot single-family home on the lot with a 1,314 square foot attached garage (3,008 square-foot footprint). The site impacts within 100-feet of the normal high water mark of Rogers Lake include site grading, tree removal, an infiltration basin, a 120 S.F. accessory structure, and construction of the principal dwelling structure. The proposed Site Plan shows a large number of existing trees scattered throughout the subject property, twenty-six (26) 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. The construction of the new home, grading work in and around the home, vegetation removal, and installation of the infiltration basin requires this permit before any work commences. The purpose of the Wetlands Systems chapter of City Code Section 12-2-1 is to: •Provide for the protection, preservation, maintenance, and use of Mendota Heights wetlands and water resource related areas; •Maintain the natural drainage system; •Minimize the 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 standards and conditions as noted in the Wetland Ordinance Section 12-2-7, including but not limited to the following: •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. •Any increase in runoff due to the proposed action will be detained on the site for infiltration through the soil to the water table. •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. •Lowest floor elevation of buildings located within the W district must be at least three feet (3') above the highest known water level. •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. 205 of 240 Planning Case 2024-02 (941 Wagon Whl. Trl. – SD Custom Homes) Page 3 of 11 •Development of woodlands shall not reduce the existing crown cover by more than fifty percent (50%). The removal of trees seriously damaged by storms or other act of God, or diseased trees shall not be prohibited. 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 of Rogers Lake as a Recreational Development water body; with various structure setbacks noted in the table – below: 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 (the easterly right-of-way line of the undeveloped Rogers Avenue); along with a setback of 30’ from the north side lot line (shared with Lot 1, Lillies Lakeview). The applicant is also indicating on the site plan a proposed accessory structure, a shed, to the northeast of the home. The shed is shown to be 15’ setback from the side property line and its size is consistent with zoning requirements for accessory structures. The plan shows that the proposed home exceeds the 75’setback from the OHWL of Rogers Lake-North to the west and southwest. The accessory structure is also located outside of the OHWL setback. Along with the delineated 75’ OHWL setback line, the applicant has provided a 37.5’ buffer which is called out on the plans as a “No Impact Shore Zone” (see partial Site Plan image – page 4). This buffer is above and beyond what the City ordinance would require for a 25’ no disturbance buffer on this lot. The closest point of the new dwelling as well as the south-east corner of the proposed 3-season porch to the rear of the home is approximately 97’ to the OHWL of Rogers Lake. The proposed upper deck on the rear of the home is not within the 100’ buffer, and is setback 109’ at its closest point. Additionally, the proposed 12’x10’ (120 Square feet) shed is setback approximately 98’ to the OHWL of Rogers Lake. The ground- floor elevation of the southeast corner of the proposed dwelling is 875.7, 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 Site and Grading Plan shows an infiltration basin south of the proposed home, planned to be 10’ wide and 1.2’ deep. The basin is setback approximately 55’ from the OHWL of Rogers Lake-North, and approximately 5’ north of the delineation line of the wetland features, per the recorded delineation as provided by the applicant. The applicant has provided a map of the surveyed wetland line, which is also delineated on the provided civil drawings. The survey indicates that the wetland boundary encroaches onto the existing turf grass remaining from the previous home and lawn. A map illustrating this survey line is included as an attachment to this report: “Delineated Aquatic Resources Map”. The Commission should note that the wetland delineation has been provided to the City as part of the Wetland Conservation Act process, to be evaluated by the City’s Natural Resources staff. This Statutory process is separate from the 206 of 240 Planning Case 2024-02 (941 Wagon Whl. Trl. – SD Custom Homes) Page 4 of 11 Planning and Zoning Wetlands District, which is measured within 100’ of the high water mark of water resources as delineated on the City’s official wetland map, dated 1976. The Plan illustrates new, gradual grades to be created from the outer perimeter of the new dwelling, which tie into the existing grades moving east of the dwelling, and which provide drainage patterns south of the dwelling towards the infiltration basin. The City reviews grading, drainage and erosion control as part of the Wetlands Permit process for stormwater runoff and management, and the development will be subject to a Best Management Practices (Stormwater Management) Agreement, as reflected in the staff recommendation and conditions of this report. The Stormwater Best Management Practice (BMP) Plan must demonstrate that the site will retain 1.1 inches of rainwater/runoff from any new impervious surfaces. This BMP Agreement is typically handled through the building permit process. Full erosion/sedimentation measures will be installed prior to commencement of work and maintained throughout the duration of the construction project. 207 of 240 Planning Case 2024-02 (941 Wagon Whl. Trl. – SD Custom Homes) Page 5 of 11 The Erosion Control Plan outlines a perimeter of silt fence or bio rolls which will be present prior to construction (see partial Erosion Control Plan – page 4) 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 land disturbance through grading associated with the project will be located beyond the perimeter erosion control measures. Some grading and erosion control measures will also occur west of the parcel within the undeveloped Rogers Avenue ROW, including the temporary rock construction entrance. The applicant is proposing some vegetation removal to occur within the 37.5’ No Impact Zone as identified on the Trees to be Removed Plan, to facilitate the removal of seven (7) ash trees. Per 12-2-7A(23), the removal of diseased trees shall not be prohibited in the Wetlands District. A condition has been added within the staff recommendation that no additional grading or land disturbance is to occur within this buffer, except for the installation of erosion control measures (if applicable). Disturbed areas adjacent to the Rogers Lake edge are recommended to be seeded with a wetland or native plant seed mix if needed as part of the aforementioned erosion control needs. In addition to compliance with the City’s Land Disturbance guidance Document, the development of this lot is also expected to comply with applicable regulations and codes from other agencies. The proposed 97-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. Trees & Vegetation As part of the 2022 application review for the 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 Wagon Wheel Trail 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 26 trees indicated for removal on the attached “Trees to Be Removed Plan”. (Thirteen of the scheduled removals are ash trees, with an additional 5 Maples and 8 pine trees). Per the Plan, approximately 28 of the existing trees on the subject site will remain in place or be made part of the overall landscaping plans for this new home project –a number of mature maple trees, as well as cottonwoods, oaks, and pines. The scheduled removals do not exceed the 50% crown coverage 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 landscape plan has been submitted by the Applicant, indicating the installation of sod in areas surrounding the perimeter of the home and a hydroseed mix applied within the remaining disturbed area on the site. The Landscape Plan notes also indicate that a wetland mix will be applied within the infiltration basin. A condition has also been included that a wetlands mix be applied to disturbed areas adjacent to Rogers Lake, and that all new plantings in the Wetlands District be consistent with the Native and Pollinator Friendly Plantings List of the City. 208 of 240 Planning Case 2024-02 (941 Wagon Whl. Trl. – SD Custom Homes) Page 6 of 11 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 (this particular case) would re-use the existing services provided to the old 945 Wagon Wheel Trail 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. 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 is 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 is working with staff to provide this agreement, and will continue coordinating with the future buyers of both this property and the recently approved home to the north prior to the Certificate of Occupancy issuance for the homes. City Goals and Policies City staff has also identified a select number of Goals and Policy statements from the Natural Resource chapter of the 2040 Comprehensive Plan, which provide 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. Staff Comment: The applicant will provide Stormwater BMPs and erosion control measures, as outlined in the City’s Land Disturbance Guidance Document. The proposed dwelling is situated at the closest 30’ front yard setback, limiting the footprint impact of the structure. 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. 209 of 240 Planning Case 2024-02 (941 Wagon Whl. Trl. – SD Custom Homes) Page 7 of 11 10.Prior to approval of landscape and development plans, work with applicants to encourage the preservation and installation of high ecosystem value communities. Staff Comment: The developer is committed to maintaining erosion control throughout construction and re-vegetating per the Landscape Plan within 48 hours of final grading. The development will utilize a wetland seed mix within the infiltration basin, and the application is subject to the condition that the Native and Pollinator Friendly Plantings list be utilized for new plantings within the Wetlands district. Planning staff will work with the applicant during the building permit process in coordination with the City’s Natural Resources Coordinator. GOAL 3: Protect and restore the natural ecological functions of the city’s water resources with emphasis on the improvement of stormwater management. Policies: 1.Explore and develop operational and procedural modifications to better enhance and support the thriving of the natural environment. 2.Work with partners to implement projects and develop and support programs that encourage infiltration, to reduce stormwater runoff and pollution to water-bodies. 4.Identify areas within the city, including public and private land that are lacking adequate stormwater treatment, and other stormwater BMPs. Implement projects to establish functioning stormwater treatment in order to protect and improve the city’s water resources. Staff Comment: City staff have implemented Stormwater BMP Agreements into the building permit process. The BMP Plan and Agreement are recorded against the property with Dakota County. ALTERNATIVES 1.Approve the Wetlands Permit for 941 Wagon Wheel Trail based on certain findings-of-fact, along with specific conditions of approval; or 2.Deny the Wetlands Permit for 941 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 941 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. 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.Any new or existing sanitary or water service lines shall be reviewed by the Public Works Director and/or St. Paul Regional Water Services prior to issuance of any building permit. 4.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. 210 of 240 Planning Case 2024-02 (941 Wagon Whl. Trl. – SD Custom Homes) Page 8 of 11 5.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. 6.All disturbed areas adjacent to the Rogers Lake edge shall be planted or seeded with MnDOT Seed Mix List #33-261, or a City-staff approved similar product. 7.No additional grading or other land disturbance shall occur within twenty-five feet (37.5’) from the edge of the adjacent water body, except for the removal of diseased trees, installation of erosion control measures (if needed) or for the plantings of any new seed mixtures or landscaping materials, and only with city approvals. 8.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. 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.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 11.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. 12.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. ATTACHMENTS 1.General Location/Aerial Map 2.Certificate of Survey 3.Site & Grading Plan 4. Erosion Control Plan 5.Trees To Be Removed Plan 6.Landscape Plan 7.Wetlands Map 8.Soils Map / Classification 9.Existing License Agreement 10.Existing Shared Driveway Maintenance Agreement 11.Delineated Aquatic Resources Map 12. Proposed Basement Floor Plan 13. Proposed First Floor Plan 14. Proposed Second Floor Plan 15. Proposed Exterior Elevations 211 of 240 Planning Case 2024-02 (941 Wagon Whl. Trl. – SD Custom Homes) Page 9 of 11 FINDINGS-OF-FACT FOR APPROVAL Wetlands Permit for SD Custom Homes/Sean Doyle 941 Wagon Wheel Trail Planning Case No. 2024-02 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. 212 of 240 SITE PHOTOS – 945 WAGON WHEEL TRAIL (EARLY 2022) LOOKING NORTHEASTERLY – TOWARDS ROGERS LAKE LOOKING EASTERLY – TOWARDS ROGERS LAKE LOOKING NORTHWARD – EAST SIDE OF HOME LOOKING NORTHEAST FROM NORTH LOT LINE LOOKING SOUTHWARD – SHARED DRIVEWAY LOOKING TOWARDS FRONT AND SIDE YARD 213 of 240 Planning Case 2024-02 (941 Wagon Whl. Trl. – SD Custom Homes) Page 11 of 11 WEST SIDE YARD AREA LOOKING NORTHWARD – ROGERS AVE. ROW LOOKING SOUTHWARD – ALONG SHARED DRIVEWAY 214 of 240 EXCERPT FROM FEBRUARY 28, 2024 PLANNING COMMISSION MINUTES – DRAFT/UNAPPROVED A)PLANNING CASE 2024-02 SD CUSTOM HOMES/SEAN DOYLE, 941 WAGON WHEEL – WETLANDS PERMIT Community Development Manager Sarah Madden explained that 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. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Community Development Manager Sarah Madden provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Commissioner Johnson referenced the proposed landscaping, noting that she could see the foundational plantings on the architectural elevation but did not notice a landscaping plan in the packet. Community Development Manager Sarah Madden replied that there is not a perimeter planting plan associated with construction of the home. She stated that there is a plan showing the seeding, grass, and trees. Commissioner Stone asked what is required for a landscaping plan. Community Development Manager Sarah Madden replied that for a residential and/or wetland district there is no specific requirement of the number of trees and/or plants, therefore there is nothing that can be referenced for minimal installation. Commissioner Johnson referenced language within the ordinance and wetlands permit where a landscaping plan is referenced. She noted that while that language is vague, it is still a requirement. Commissioner Katz commented that there is a sheet within the packet that states landscape plan. Community Development Manager Sarah Madden confirmed that does show the seeding and this would be sufficient for processing the wetlands permit. Chair Field opened the public hearing. Sean Doyle, applicant, commented that the trees are largely diseased, which contributes to the larger number of trees proposed for removal. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. 215 of 240 EXCERPT FROM FEBRUARY 28, 2024 PLANNING COMMISSION MINUTES – DRAFT/UNAPPROVED COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER STONE, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER CORBETT, TO RECOMMEND APPROVAL OF THE WETLANDS PERMIT TO SD CUSTOM HOMES/SEAN DOYLE AND FOR THE PROPERTY LOCATED AT 941 WAGON WHEEL TRAIL, WHICH WOULD ALLOW THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENTIAL DWELLING, BASED ON THE FINDINGS-OF-FACT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1.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 THE CITY A REVISED (OR NEW) SHARED DRIVEWAY EASEMENT AGREEMENT SIGNED BY ALL OWNERS (OF RECORD) OF THE ADJACENT RESIDENTIAL PROPERITES UTILIZING ROGERS AVENUE RIGHT-OF-WAY FOR PRIVATE DRIVEWAYS AND ACCESS. 3.ANY NEW OR EXISTING SANITARY OR WATER SERVICE LINES SHALL BE REVIEWED BY THE PUBLIC WORKS DIRECTOR AND/OR ST. PAUL REGIONAL WATER SERVICES PRIOR TO THE ISSUANCCE OF ANY BUILDING PERMIT. 4.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. 5.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. 6.ALL DISTURBED AREAS ADJACENT TO THE ROGERS LAKE EDGE SHALL BE PLANTED OR SEEDED WITH MnDOT SEED MIX LIST #33-261, OR A CITY STAFF APPROVED SIMILAR PRODUCT. 7.NO ADDITIONAL GRADING OR LAND DISTURBANCE SHALL OCCUR WITHIN THIRTY -SEVEN POINT FIVE FEET (37.5’) FROM THE EDGE OF THE ADJACENT WATER BODY, EXCEPT FOR THE REMOVAL OF DISEASED TREES, INSTALLATION OF EROSION CONTROL MEASURES (IF NEEDED) OR FOR THE PLANTINGS OF ANY NEW SEED MIXTURES OR LANDSCAPING MATERIALS, AND ONLY WITH CITY APPROVALS. 8.FULL EROSION/SEDIMENTATION MEASURES SHALL BE INSTALLED PRIOR TO COMMENCEMENT OR 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. 216 of 240 EXCERPT FROM FEBRUARY 28, 2024 PLANNING COMMISSION MINUTES – DRAFT/UNAPPROVED 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.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. 11.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. 12.A BUILDING PERMIT MUST BE APPROVED PRIOR TO THE COMMENCEMENT OR ANY CONSTRUCTION WORK ON THE NEW RESIDENTIAL DWELLING. CONSTRUCTION WORK SHALL OCCUR ONLY BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. WEEKDAYS; AND 9:00 A.M. TO 5:00 P.M. ON WEEKENDS. AYES: 5 NAYS: 0 Chair Field advised the City Council would consider this application at its March 6, 2024 meeting. 217 of 240 WAGON WHEEL TRLPRIVATE RDCHERI LNSWAN CTCYGNET LNMENDAKOTA CTSWAN DRWAGON WHEEL CTNearmap US Inc, Dakota County, MN Location Aerial Map941 Wagon Wheel Trail Date: 2/23/2024 City of Mendota Heights0340 SCALE IN FEET GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. 218 of 240 219 of 240 220 of 240 TEMPORARY ROCK CONSTRUCTION SITE ENTRANCE PAD 221 of 240 222 of 240 223 of 240 6666666666 6 6 *³³" """* * *³ " " " ³" ""6 6 6 6 6 666 !!2 !!2 !!2 !!2 !!2 !!2!!2 945 945953 2075 2270 954 2247 954 940 2219 940 954 2225 987 2231 2239 987 2270 987 2270 945 940 900 954 2213 898 954 2275 900 953 PRIVATE ROADWAGON WHEEL TRL361' 324' 2 0 2 ' 121' 77' 109' 4 5 ' 100' This imagery is copyrighted and licensed by Nearmap US Inc, which retains ownership of the imagery. It is being provided by Dakota County under the terms of that license. Under that license, Dakota County is allowed to provide access to the “Offline Copy Add-On for Government”, on which this image services is based, at 6-inch resolution, six months after the capture date, provided the user acknowledges that the imagery will be used in their normal course of business and must not be resold or distributed for the WETLANDS MAP 941 Wagon Wheel Trail City of Mendota Heights0140 SCALE IN FEET4/20/2022 224 of 240 6RLO0DS²'DNRWD&RXQW\0LQQHVRWD:$*21:+((/75$,/VXUURXGLQJ1DWXUDO5HVRXUFHV&RQVHUYDWLRQ6HUYLFH:HE6RLO6XUYH\1DWLRQDO&RRSHUDWLYH6RLO6XUYH\3DJHRI 1 : 1 : 1 : 1 :10DSSURMHFWLRQ:HE0HUFDWRU&RUQHUFRRUGLQDWHV:*6(GJHWLFV870=RQH1:*6 )HHW 0HWHUV0DS6FDOHLISULQWHGRQ$ODQGVFDSH[VKHHW6RLOO0DSSPD\\QRWWEHHYDOLGGDWWWKLVVVFDOH225 of 240 0DS8QLW/HJHQG 0DS8QLW6\PERO 0DS8QLW1DPH $FUHVLQ$2,3HUFHQWRI$2, &\OLQGHUORDPWRSHUFHQW VORSHV .DWRVLOW\FOD\ORDP 0D\HUVLOWORDP 4XDPVLOWORDP %:DXNHJDQVLOWORDPWR SHUFHQWVORSHV %.DQDUDQ]LORDPWRSHUFHQW VORSHV &.DQDUDQ]LORDPWR SHUFHQWVORSHV ::DWHU 7RWDOVIRU$UHDRI,QWHUHVW 6RLO0DS²'DNRWD&RXQW\0LQQHVRWD :$*21:+((/75$,/ VXUURXGLQJ 1DWXUDO5HVRXUFHV &RQVHUYDWLRQ6HUYLFH :HE6RLO6XUYH\ 1DWLRQDO&RRSHUDWLYH6RLO6XUYH\ 3DJHRI 226 of 240 227 of 240 228 of 240 229 of 240 230 of 240 231 of 240 232 of 240 ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! 1-1 1-2 1-3 1-5 1-4 1-6 1-71-81-9 1-10 1-11 1-12 1-13 1-14 1-15 1-16 1-17 1-18 1-19 1-20 876 8 7 2 878 8828 7 6 878 880 874876 872872876 876 874 8 8 0 880874 876 878 876 87 2874 874 Delineated Aquatic ResourcesSD Custom Homes941 Wagon Wheel RoadMendota Heights, MN Figure 5 ´ Survey Area (2.2 ac.) !Wetland Pin Flag Wetland Line Parcels (Dakota County) LiDAR (2' contours) Sources: color Dakota 6 in, 2021,MnGeo, MN Department of Natural Resources,US Census Bureau, Date: 2/14/2024 0 50 100Feet 233 of 240 234 of 240 235 of 240 236 of 240 237 of 240 238 of 240 239 of 240 240 of 240