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2024-09-03 City Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL REGULAR MEETING AGENDA September 3, 2024 at 7:00 PM 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 the consent agenda will be taken up as the next order of business. a.Approve Minutes from the August 20, 2024, City Council Meeting b.Approve Minutes from the August 12, 2024, City Council Work Session Meeting c.Approve Minutes from the August 20, 2024, City Council Work Session Meeting d.Authorize Internal Posting for Fire Chief Position e.Approval of July 2024 Treasurer's Report Page 1 of 77 f.Approve Quote for the Installation of Rain Guardian Bunkers and Rain Gardens for Emerson Avenue Improvements g.Approve Contract to Grind Brush at Transfer Site h.Approve Trail Easement for 1445 Knollwood Lane i.Approval of Claims List 7.Presentations a.Metropolitan Councilmember Tenzin Dolkar 8.Public Hearings 9.New and Unfinished Business a.Resolution 2024-48 Approving a Wetlands Permit for 643 Pond View Drive – Planning Case 2024-18 10.Community / City Administrator Announcements 11.City Council Comments 12.Adjourn Next Meeting September 17 at 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 Page 2 of 77 6.a CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA DRAFT Minutes of the Regular Meeting Held Tuesday, August 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, Mazzitello, and Miller, were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Joe Nunez, Augusta Shores resident, commented on the poor condition of Lake Augusta, noting that it is in the top five for the worst lakes in Minnesota. He stated that the Lower Mississippi Water Management Organization engaged Barr Engineering to complete a study of the lake, and its condition, and provide recommendations on how to improve the water quality. He asked the City to support the recommendations within the Barr Engineering report. He recognized that there would be a cost of about $4,000,000 to complete all of the recommended strategies but noted that some of those could be completed incrementally. Joseph Lennartson Treasurer of the Mendota Mdewakanton Dakota Community, commented that their ancestors are buried at Pilot Knob and noted that there were no native or indigenous organizations that were involved in the planned improvement of the site and hoped they could form a partnership with the City related to this site. Public Works Director Ryan Ruzek commented that there is Indigenous representation through the Pilot Knob Preservation Association but noted that he could bring this concern forward to the next Task Force meeting. Page 3 of 77 August 20, 2024 Mendota Heights City Council Page 2 of 4 CONSENT AGENDA Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Lorberbaum moved approval of the consent calendar as presented. a. Approval of August 7, 2024, City Council Minutes b. Approval of July 16, 2024, Council Work Session Minutes c. Acknowledge July 9, 2024, Parks and Recreation Commission Meeting Minutes d. Acknowledge the June Par 3 Financial Report e. Approve 2024-2025 Seasonal Compensation Pay Matrix Effective December 1, 2024 f. Approve Police Chief Out of Metro Travel Request g. Approve Recreation Program Coordinator Out of State Travel Request h. Resolution 2024-46 Appointing Jennifer Weichert to the Parks and Recreation Commission i. Authorize Purchase of Loftness Flail Mower j. Resolution 2024-47 Accepting Bids and Awarding Contract for the 2024 Sanitary Sewer Cleaning and Televising Project k. Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 PRESENTATIONS A) Firefighter Swearing In Fire Chief Dave Dreelan stated that tonight they will complete the swearing in of new Firefighters who have completed their training and probationary period. Fire Department Training Officer Becky Johnson introduced Firefighters Ricky Chodek, Gretchen Connor, Christian Douah, Emily Mahon, and Anna Molinaro and provided details on their training journey over the last year. Mayor Levine completed the swearing in of the firefighters. She also expressed appreciation for the work done by public safety, both Police and Fire. She also thanked the families that provide support for those who choose to serve. Councilor Miller stated that he is proud of the time, effort, and energy that each of the new members has put in over the past year and looked forward to serving with them. The Council expressed appreciation for all that the Firefighters and their families do to serve the community. PUBLIC HEARING No items scheduled. Page 4 of 77 August 20, 2024 Mendota Heights City Council Page 3 of 4 NEW AND UNFINISHED BUSINESS A) TABLED – APPLICATION OF SPENCER MCMILLAN FOR A PRELIMINARY AND FINAL PLAT OF MCMILLAN ESTATES (PLANNING CASE 2024-01) Community Development Manager Sarah Madden explained that the Council was being asked to consider Resolution 2024-38 approving a Preliminary and Final Plat of a three-lot residential subdivision to be known as McMillan Estates located at 1707 Delaware Avenue, two vacant parcels owned in common and generally located at the north end of Ridgewood Drive. She stated that the previous day, staff received the plans for the reconstruction of the street and construction of the cul-de-sac, and therefore staff and the applicant agreed to an additional 60-day extension to review those additional plans. She asked that the Council table the application tonight to allow for a proper review of the revised plans. City Attorney Amy Schmidt stated that the Council does not need to un-table the request and can instead continue the matter on the table up to 60 days from August 21st. Councilor Paper moved to continue TABLING OF PLANNING CASE #2024-01 FOR UP TO 60 DAYS FROM AUGUST 21, 2024. Councilor Lorberbaum seconded the motion. Further discussion: Councilor Miller asked how the revised plans differ from the plan that was going to be voted on tonight. Community Development Manager Sarah Madden replied that the construction boundaries of the cul-de- sac are shown as well as showing how the existing cul-de-sac would be removed and converted to a typical public street. She stated that the contours on the plan have also been updated. She noted that the applicant has also been coordinating the easements mentioned in the previous discussion along with the stormwater management that would be required. Ayes: 3 Nays: 2 (Miller and Mazzitello) COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Paper congratulated the new Firefighters and thanked their families for committing the time that is needed to further the betterment of the community. Councilor Lorberbaum commented that the case tabled tonight has gone on for a number of months and stated that even though people want different things, everyone wants what is best for the community and acts with respect. Page 5 of 77 August 20, 2024 Mendota Heights City Council Page 4 of 4 Councilor Miller requested that the City Council discuss how they can address the issues mentioned earlier by the resident related to Lake Augusta. He stated that at one point that lake was cleaner than it is today, and people enjoyed swimming and fishing in the lake, but the lake is no longer safe to host those activities. He stated that the fall sports seasons have begun and there will be kids running on the trails and streets. He encouraged drivers to be cautious and mindful. Councilor Mazzitello congratulated the new Firefighters. He stated that earlier tonight on the Consent Agenda the City approved a contract for sewer televising and cleaning, which has been done for many years and noted that this program has helped to keep the system functioning properly. He stated that August 19th was National Aviation Day, noting that the community benefits from the number one airport and thanked MSP for everything that it does for the state and community. Mayor Levine stated that the City Council and staff have been busy working on the budget and commended staff for the work that they put into the budget process to ensure that the City can continue to provide the desired and expected services at an extremely high level. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 7:40 p.m. ____________________________________ Stephanie B. Levine Mayor ATTEST: _______________________________ Nancy Bauer City Clerk Page 6 of 77 6.b CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA DRAFT Minutes of the City Council Work Session Monday, August 12, 2024 Pursuant to due call and notice thereof, a workshop of the Mendota Height City Council was held at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the work session to order at 4:00 p.m. Councilmembers Lorberbaum, Mazzitello, Miller and Paper were also present. Others present included City Administrator Cheryl Jacobson and Assistant Public Works/Parks and Recreation Director Meredith Lawrence. PARKS AND RECREATION COMMISSION INTERVIEWS The city council interviewed the following candidates to fill a Parks and Recreation Commission vacancy: Jennifer Weichert Pau Cortes Valdes Fred Veinfurt FY2025 PROPOSED BUDGET REVIEW Others present for the FY 20025 Proposed Budget review included Assistant City Administrator Kelly Torkelson, Public Works Director Ryan Ruzek, Finance Director Kristen Schabacker, Public Works Superintendent John Boland, and City Clerk Nancy Bauer. City Administrator Cheryl Jacobson gave an overview of the proposed FY 2025 Budget. She noted that the city’s fiscal year runs from January 1 to December 31 and that the preliminary budget must be adopted by September 30. Approval is planned to take place at the September 17 city council meeting. Administrator Jacobson asked that the council review the base budget for each department and generally review department budget requests; with an in-depth discussion of budget requests once all department base budgets had been reviewed. City Administrator Jacobson reminded the council of their priorities for 2023 and 2024. She provided a market value summary for Mendota Heights for tax years 2022, 2023, and 2024, noting that the median home value for 2024 is $540,000, up 2.5% from the previous year. The Page 7 of 77 Page -2August 12, 2024, Mendota Heights City Council Work Session Minutes proposed levy for 2025 is $13,200,559, an increase of 2.41% from 2024. The general fund is $12,962,547, an increase of 5.12% from 2024. City Administrator Cheryl Jacobson highlighted two items relating to compensation including a request for additional overtime from Public Works for parks maintenance and a review of the market and pay equity for staff. She noted that overall, there were 32 budget requests submitted totaling $2.5 million. She reminded the City Council that they are not expected to fund all requests and that she and the Finance Director had provided recommendations for approval or denial. Engineering - Public Works Director Ryan Ruzek stated that the department worked hard to keep the proposed budget flat. He said the biggest expenses are personnel costs and training amounts were increased with the addition of the assistant city engineer position. A capital outlay request for a new engineering pickup truck was included. This had been recommended by staff for approval. Streets/Sewer/Utilities- City Administrator Cheryl Jacobson stated that there was a slight decrease in the streets budget. Public Works Superintendent John Boland said several capital outlay items were requested. A cold planer is being requested as an attachment for a skid steer and would be used for street blacktop patching. This item would be purchased from the street budget. The other capital outlay items would be divided among streets, parks and utilities. The items being requested were adding a new garage door, parking lot replacement, garage door apron replacement, front end loader and pavement rehabilitation. An outlet would be installed on the south wall at the public works garage and a garage door would be installed. Public Works Director Ryan Ruzek described the annual pavement rehabilitation budget request. Bonding and using franchise fees for this type of work was discussed. It was noted that updating the street rehabilitation and assessment policy should be discussed at a future city council work session. City Administrator Cheryl Jacobson said she and the Finance Director recommended approval of the cold planer and the new garage door installation. Public Works Director Ryan Ruzek reported that a 5% sanitary sewer rental rate increase went into effect in 2024 and was planned for 2025. Most of the utility costs are to pay the Metropolitan Council for treating the sanitary sewer. Sanitary sewer pipes and lining was discussed. Public Works Superintendent John Boland described the SCADA capital outlay request and reported the systems are used to remotely monitor the lift stations. Staff had recommended the purchase of three more SCADA systems to install on three lift stations. Storm Water/Street Light- Public Works Director Ryan Ruzek said these items do not affect the general levy. The biggest budget increase was for other professional services for pond Page 8 of 77 Page -3August 12, 2024, Mendota Heights City Council Work Session Minutes inspections. It was noted that a natural resources intern may be hired in 2025. Public Works Superintendent John Boland reported that the street light poles continued to be integrity tested. Staff anticipates replacing five or six poles a year due to corrosion. It was noted that street lighting is not a levied fund. Both capital outlay items were being asked to be approved. Parks/Special Parks- Public Works Director Ryan Ruzek said the parks budget was budgeted at just a little over a 3% increase. Public Works Superintendent John Boland described the existing staffing schedule for park employees from April to October. He is proposing that all public works staff work Monday through Friday with overtime if working on weekends. The hockey board replacement at Wentworth Park was discussed and was not recommended for approval. Parks and Recreation/Assistant Public Works Director Meredith Lawrence reported that the Ivy Hills Park playground replacement is requested because it is past its useful life. Public Works Director Ryan Ruzek gave an overview of the two Oheyawahe capital requests. The Oheyawahe interpretive plan and Oheyawahe overhead utilities were both recommended for approval. Parks and Recreation/Assistant Public Works Director Meredith Lawrence reported that the Parks and Recreation Commission were recommending approval of the capital outlay items in the order of prioritization. The work for expanding the basketball court was described and discussed. The Wentworth basketball expansion was not recommended by staff for approval. The Valley Park picnic shelter to add electricity was discussed and not being recommended for approval. The Hagstrom King Park connection was discussed and was recommended for approval by staff. Public Works Director Ryan Ruzek reported that state aid funds could be used to pay for some of the costs for the Hagstrom King Park connection. The basketball hoop replacement was not recommended for approval. Recreation – City Administrator Cheryl Jacobson reported that recreation was one of the biggest areas in parks and had a 7.14% increase. Staff were recommending a budget request for hiring a recreation facilities coordinator that would support Par 3 and other recreation programs and services. Parks and Recreation/Assistant Public Works Director Meredith Lawrence gave an overview of the position. This request is being recommended for approval by staff. Assistant City Administrator Kelly Torkelson discussed the existing need for additional staff if the council were interested in maintaining the existing programs and services offered by the department. The proposed position would provide a dedicated staff person to support the golf course as well as free up additional time and resources for parks staff to address other priorities including supporting events in natural resources. Par 3 – Parks and Recreation/Assistant Public Works Director Meredith Lawrence reported Page 9 of 77 Page -4August 12, 2024, Mendota Heights City Council Work Session Minutes that it has been a good year so far for the Par 3. Staff are proposing implementing an online tee software and additional staff person. With the online tee software, staff anticipates this would result in increased revenues and customer service experience. Assistant City Administrator Kelly Torkelson reported that one of the most searched areas of the city’s website is for available tee times at the Par 3. Staff noted that they would not have the capacity to roll out a new online tee time software/POS system without the additional staffing support. Recycling – Parks and Recreation/Assistant Public Works Director Meredith Lawrence reported that the only expense is the shared staff person. There is grant funding of $10,000 from Dakota County. Natural Resources – - Public Works Director Ryan Ruzek reported that the natural resources budget is continuing to be created, with amounts being moved from the Parks budget. He noted a 7.04% increase and suggested moving some of the amounts in the budget to correctly reflect the costs for the categories of tree canopy program ($25,000 to $27,000), tree removal ($125,000 to $100,000) and tree planting ($0 to $10,000). Mayor Levine asked if a portion of a parks position was moved to Natural Resources would the salary be reflected in the Natural Resources budget. Parks and Recreation/Assistant Public Works Director Meredith Lawrence answered that staff could do a deeper dive into that topic. Parks programming has been done regarding natural resources but is budgeted in the parks programming budget. ADJOURNMENT Councilor Mazzitello made a motion to adjourn the meeting, seconded by Councilor Paper, and unanimously carried. The meeting adjourned at 8:00 p.m. ________________________ Stephanie B. Levine, Mayor ATTEST: _____________________ Nancy Bauer, City Clerk Page 10 of 77 6.c CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA DRAFT Minutes of the City Council Work Session Tuesday, August 20, 2024 Pursuant to due call and notice thereof, a workshop of the Mendota Height City Council was held at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 4:02 p.m. Councilmembers Lorberbaum, Mazzitello, Miller and Paper were also present. Others present included City Administrator Cheryl Jacobson, Assistant City Administrator Kelly Torkelson, Recreation/Assistant Public Works Director Meredith Lawrence, Finance Director Kristen Schabacker, Community Development Manager Sara Madden, Fire Chief Dave Dreelan, Assistant Fire Chief Scott Goldenstein, Fire Training Officer Dan Johnson, Relief Association President Tom Mattaini, Police Chief Kelly McCarthy, and City Clerk Nancy Bauer. Public Works Director Ryan Ruzek and Assistant City Engineer Lucas Ritchie arrived at 5:38 pm FY2025 PROPOSED BUDGET REVIEW CONTINUED FROM AUGUST 12, 2024 Fire/Fire Relief – Fire Chief Dreelan provided an overview of the department's operational budget for 2025 and noted that there were three capital outlay items requested including replacement of the Chief 1 vehicle, fire station parking lot, and brush 10 vehicle replacement. Chief Dreelan discussed that the professional services line item increased by 800% because of the mandate of having the boots, bunker pants, and coats professionally cleaned by a third party. Chief Dreelan provided additional background information on the department’s three budget requests noting that the request to purchase a new pickup truck with a water tank fire pump and emergency lighting is to replace the existing brush fire truck that is 15 years old. This replacement was recommended by staff and was included in the 2025 capital improvement plan. Fire Chief Dreelan provided background on the fire station parking lot replacement. The parking lot replacement was not done with the fire station remodel and was put in the capital improvement plan. This item was not recommended for approval by staff. Fire Chief Dreelan stated that the Chief 1 vehicle replacement could be pushed out to another year and had not been recommended for approval by staff. The costs of the 2024 fire station roof was discussed. Total costs of the project have increased Page 11 of 77 Page 2August 20, 2024, Mendota Heights City Council Work Session Minutes due to the need for additional consulting services to support the project as well as unanticipated costs associated with removing and replacing the existing solar panels. Relief Association President Tom Mattaini stated that the city’s contribution to the Fire Relief Association is the number one retention tool for firefighters. He noted that the Department is unique because they are one of the few defined contribution plan departments. They appreciate the support that has been shown in the past. Police/Emergency Preparedness- Police Chief McCarthy reported that the police department budget had some changes noticeably with the new fleet program. The postage line item was also increased because of the speed camera program which will start in August 2025. The council and Chief McCarthy discussed how the speed camera program would work and its impact on staff time. Police Chief McCarthy stated that the emergency preparedness budget is for siren maintenance and other emergency preparedness items. City Council – Mayor Levine stated that there was no compensation increases planned for city council members. The training line item had been increased due to the anticipated change in council for 2025. Administration – City Administrator Cheryl Jacobson reported that in the administration base budget safety training, training, and credit card line items were increased and noted that overall the department had five budget requests including an Americans with Disabilities Act (ADA) Transition Plan estimated to cost $35,000; redesign and replacement of existing city hall cubicles estimated to cost $27,500; the replacement of city hall doorknobs for ADA compliance estimated at $25,000 which were recommended by staff. She stated that the budget request for the replacement of city hall boilers is not being recommended due to the pending building discussion and direction. City Administrator Jacobson stated that the Assistant to the City Administrator position is being brought back from last year to discuss. Assistant Public Works/Parks and Recreation Director Meredith Lawrence joined the conversation to also discuss the proposed Recreation Facilities Coordinator position. Assistant City Administrator Kelly Torkelson noted that staff has reviewed staff compensation as directed by the council in 2024 and is recommending adjustments to comply with pay equity and to be competitive. She discussed the importance of the three human resources requests including the public works overtime and the two proposed positions. She clarified that there would be additional costs beyond the costs to public works for the overtime request to ensure equity across positions within the city. The two additional employee requests and their duties were discussed. City Administrator Jacobson and the Council discussed either the need to add the requested positions or reduce programs and services. City staff reviewed the impacts of investment as improving Page 12 of 77 Page 3August 20, 2024, Mendota Heights City Council Work Session Minutes organizational resilience through succession planning, supporting a healthy work culture, and addressing employee burnout. The city council discussed strategies for addressing the concerns. Council directed staff to bring back updated costs for the public works overtime which included additional non- exempt overtime costs as well as additional details on market adjustments for the 2024 compensation market adjustment. It was the consensus that another meeting would be needed to discuss the 2025 preliminary budget. ADJOURNMENT Councilor Mazzitello made a motion to adjourn the meeting, it was seconded by Councilor Paper, and unanimously carried. The meeting adjourned at 6:40 p.m. ATTEST:________________________ Stephanie B. Levine, Mayor Nancy Bauer, City Clerk Page 13 of 77 This page is intentionally left blank 6.d REQUEST FOR CITY COUNCIL ACTION MEETING DATE: September 3, 2024 AGENDA ITEM: Authorize Internal Posting for Fire Chief Position ITEM TYPE: Consent Item DEPARTMENT: Administration CONTACT: Cheryl Jacobson, City Administrator Kelly Torkelson, Assistant City Administrator ACTION REQUEST: Approve the Fire Chief job description and authorize the posting for the Fire Chief position. BACKGROUND: Mendota Heights Fire Chief Dave Dreelan has announced his upcoming retirement from the City of Mendota Heights in January 2025. Prior to his retirement, the city would like to complete the hiring process for the new fire chief in order to allow for some overlap between the two to ensure a smooth transition. By having overlap between the outgoing and incoming Fire Chief, the outgoing chief will be able to support the onboarding and training of the new chief as they start their new position. The Mendota Heights Fire Chief is an appointed position. While some departments have a full- time fire chief even when they have a paid-on-call model, the city would like to continue operating with the existing model for the foreseeable future. Because the city would not be looking to hire a full-time employee for this position, staff are recommending that this be an internal position with the intention of hiring from within the existing staff of the Mendota Heights Fire Department. FISCAL AND RESOURCE IMPACT: The city anticipates that the new fire chief will be appointed by the City Council in October 2024. The additional three months of Fire Chief stipend to cover the overlap between the outgoing and incoming chief will be funded within the current department budget. ATTACHMENTS: Page 14 of 77 1.Fire Chief Job Description CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure Page 15 of 77 CITY OF MENDOTA HEIGHTS Fire Chief Department: Fire Reports to: City Administrator FLSA Status: Stipend General Definition of Work Direct and coordinate department activities including fire suppression and prevention, rescue, emergency medical treatment, hazardous materials response, training programs and equipment maintenance and repair. Assists with the city’s overall emergency management and preparedness and responds to emergencies as a senior command officer. Work involves setting policies and goals under the direction of the City Administrator. The position manages the fire department, including all department staff. Qualification Requirements To perform this job successfully, an individual must be able to perform each essential function satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Essential Functions 1.Directs, plans, coordinates, supervises and evaluates Fire Department operations; establishes and implements policies, procedures, rules, regulations and programs. a. Develops, supervises, evaluates and trains department personnel. Direct Supervision of the Assistant Fire Chief, Training Officer, Captains, Public Education Coordinator. Provides supportive supervision of Administrative Coordinator and Fire Marshal. b. Develops and implements department annual budget; plans, reviews and maintains departmental equipment, supplies and facilities; develops and implements short and long- range planning goals and programs. c. Assesses department needs and provides recommendations to the City Administrator. 2.Develops, revises and implements standard operating guidelines, policies and procedures necessary to achieve, maintain and improve overall fire protection levels and operational capabilities. a. Works cooperatively with the Fire Marshal to see that an adequate program of inspections and other fire prevention measures are carried out. b. Ensures the city and contracted cities meet, local, state, and national fire codes. 3.Supports Emergency Management activities. 4.Works collaboratively with regional partners to increase regional response resources and consolidate training, purchases and emergency response protocols. 5.Serves on the board of trustees of the relief association, ensures the association activities and policies align with the department’s and city’s policies, values and culture. 6.Annually reviews and certifies the service credits of each firefighter for the previous calendar year. Knowledge, Skills and Abilities Comprehensive knowledge of the occupational hazards and corresponding safety precautions necessary for the safe performance of assigned duties. Knowledge of contemporary principles and practices for fire command, operations, and fire department administration. Considerable skill in communicating effectively both orally and in written form; proficiency in Microsoft Office Suite. Ability to maintain composure and work effectively under conditions of high stress due to emergency situations and deadlines. Ability to perform duties and responsibilities in a manner which reflects professional judgement, appearance and in conformance with high ethical standards and integrity. Education and Experience •Current State Firefighter 2 Certification •Current State Hazardous Materials Operations 1072 Certification •Current State Fire Instructor 1 Certification •Current State Fire Officer 1 certification or equivalent experience •Current State EMR Certification or greater Page 16 of 77 •ISC 100-200-300 -700-800 •Have a minimum of six years of firefighting experience. •Have completed at least a total of 18 hours of fire department approved outside training related to fire ground operations, fire service administration, or leadership in the 18 months immediately prior to application. Preferred Qualifications and Certifications •Ten years of experience in firefighting, fire rescue, fire prevention and education with three years in a supervisory capacity. •National Certified EMT or higher •Blue Card Certification •ICS 400 (required within 12 months) Physical Requirements This work requires the occasional exertion of up to 50 pounds of force; work occasionally requires standing, walking, sitting, speaking or hearing, using hands to finger, handle or feel, reaching with hands and arms, tasting or smelling, pushing or pulling, lifting and repetitive motions; no special vision is required; vocal communication is required for conveying detailed or important instructions to others accurately, loudly or quickly; hearing is required to receive detailed information through oral communications and/or to make fine distinctions in sound; work requires preparing and analyzing written or computer data, visual inspection involving small defects and/or small parts, use of measuring devices, operating motor vehicles or equipment and observing general surroundings and activities. Environmental Condition This work occasionally requires exposure to wet, humid conditions (non-weather), exposure to fumes or airborne particles, exposure to toxic or caustic chemicals, exposure to outdoor weather conditions and exposure to blood-borne pathogens which may require specialized personal protective equipment; work is generally in a moderately noisy location (e.g. business office, light traffic). Last Revised: 8/2024 Page 17 of 77 Page 18 of 776.e This page is intentionally left blank 6.f REQUEST FOR CITY COUNCIL ACTION MEETING DATE: September 3, 2024 AGENDA ITEM: Approve Quote for the Installation of Rain Guardian Bunkers and Rain Gardens for Emerson Avenue Improvements ITEM TYPE: Consent Item DEPARTMENT: Engineering CONTACT: Lucas Ritchie, Asssitant City Engineer ACTION REQUEST: Approve a quote from Kirchner Contracting, Inc. for installing three rain guardian bunkers and rain gardens. BACKGROUND: The Emerson Avenue Improvements project includes installation of a rain guardian bunker as an energy dissipation device for storm water leading into a rain garden. The bid pricing received for the installation of the structure was considerably higher than anticipated. Staff solicited additional quotes separately for the rain guardian bunker from various contractors in hopes that the allotted funding for the structure could be utilized in a manner that would allow for additional structures. Based on quotes received, staff are proposing to allocate funding for the single rain guardian bunker to install 3 rain guardian bunkers and adjoining rain gardens throughout the project rather than the single rain guardian bunker included within the plans. Remaining rain gardens included within the plans that do not include the bunker structure would be installed by Ryan Contracting Co. FISCAL AND RESOURCE IMPACT: Quotes for the rain guardian bunkers were solicited from three qualified contractors including Kirchner Contracting, Inc, Pac LLC, and Ryan Contracting Co (project contractor). Quotes are summarized below: Contractor:Rain Guardian Bunker Quote: Kirchner Contracting, Inc $4,250 / structure + 15% reduction per Page 19 of 77 additional Pac LLC $6,000 / structure Ryan Contracting Co $20,000 / structure In addition to the installation of the rain guardian bunker, staff propose for Kirchner Contracting to install the adjacent rain gardens identified within the Emerson Avenue Improvements plan set for functionality purposes. The total cost for the single rain guardian bunker and adjacent rain garden from Ryan Contracting Co is $20,900 based on bid pricing. Staff recommends approving the quote for the installation of the three rain guardian bunkers and rain gardens to Kirchner Contracting, Inc. for a not to exceed amount of $28,141.30. The net difference between a single rain guardian bunker and rain garden installed by Ryan Contracting Co compared to three rain guardian bunkers and rain gardens installed by Kirchner Contracting, Inc is $7,241.30 The rain guardian bunkers, and rain gardens, would be funded through the storm water utility fund. ATTACHMENTS: 1.Kirchner Contracting Inc Rain Guardian Bunker and Rain Garden Installation Quote CITY COUNCIL PRIORITY: Economic Vitality & Community Vibrancy, Environmental Sustainability & Stewardship Page 20 of 77 KIRCHNER CONTRACTING, INC. 29623 23RD AVENUE WAY CANNON FALLS, MN 55009 612-490-9123 RKIRCHNER30@HOTMAIL.COM Estimate ADDRESS CITY OF MENDOTA HEIGHTS ATTN; LUCAS RITCHIE 1101 VICTORIA CURVE MENDOTA HEIGHTS, MN 55118 SHIP TO CITY OF MENDOTA HEIGHTS CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE MENDOTA HEIGHTS MN 55118 ESTIMATE #1075 DATE 08/15/2024 DESCRIPTION QTY AMOUNT 1373 KNOLLWOOD LANE- EXCAVATE AND INSTALL NEW RESIDENTIAL RAIN GARDEN PER PLAN PROVIDED BY CITY OF MENDOTA HEIGHTS 1 5,500.00 777 EMERSON AVE- EXCAVATE AND INSTALL NEW RESIDENTIAL RAIN GARDEN PER PLAN PROVIDED BY CITY OF MENDOTA HEIGHTS 1 5,500.00 598 MAPLE PARK DRIVE- EXCAVATE AND INSTALL NEW RESIDENTIAL RAIN GARDEN PER PLAN PROVIDED BY CITY OF MENDOTA HEIGHTS. NOTES-RAIN GARDEN BUNKER INLETS AND INSTALLATION ARE NOT INCLUDED IN THIS PROPOSAL. MENDOTA HEIGHTS TO PROVIDE AND INSTALL PLANTINGS, SOD/RESTORATION PORTION TO BE DONE BY OTHERS AS PART OF THE EMERSON ROAD PROJECT. 1 5,500.00 All material is guaranteed to be as specified. All work to be completed in a substantial workmanlike manner according to specifications submitted per standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. This proposal may be withdrawn by us if not accepted within 60 days. The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment terms are 1/2 down with balance due upon completion. SUBTOTAL 16,500.00 TAX 0.00 TOTAL $16,500.00 Accepted By Accepted Date Page 21 of 77 From:RICK KIRCHNER To:Lucas Ritchie Subject:Re: Estimate 1056 from KIRCHNER CONTRACTING, INC. Date:Friday, April 26, 2024 7:56:47 PM Attachments:image001.jpg image002.jpg We would be able to discount the install of additional structures by about 15% as long as they are within a reasonable distance of each other, say around 2 miles or less apart. Thanks, Rick Sent from my iPhone On Apr 25, 2024, at 7:58 AM, Lucas Ritchie <LRitchie@mendotaheightsmn.gov> wrote: Thank you for preparing the estimate! Could you let me know what the total would be if the City were to do additional structures? We are looking to efficiently use our available budget and may be looking to identify another one or two locations within the Emerson Avenue project. We have not identified locations at this point for additional structures but are aware of a few possible locations. Thanks, <image001.jpg> Website | Connect Lucas Ritchie, P.E. Assistant City EngineerCity of Mendota HeightsD: 651-255-1132 From: KIRCHNER CONTRACTING, INC. <quickbooks@notification.intuit.com> Sent: Monday, April 22, 2024 6:46 PM To: Lucas Ritchie <LRitchie@mendotaheightsmn.gov> Subject: Estimate 1056 from KIRCHNER CONTRACTING, INC. Dear CITY OF MENDOTA HEIGHTS, Please find your estimate details here. Feel free to contact us if you have any questions. We look forward to working with you. Have a great day! KIRCHNER CONTRACTING, INC. --------------------------------- Estimate --------------------------------- 29623 23RD AVENUE WAY CANNON FALLS,MN 55009 US612-490-9123 Estimate #: 1056Date: 04/22/2024$4,250.00 ----------------------------------------------------------------------------Address: CITY OF MENDOTA HEIGHTSATTN; LUCAS RITCHIE Page 22 of 77 1101 VICTORIA CURVE MENDOTA HEIGHTS,MN 55118 Ship To: CITY OF MENDOTA HEIGHTSCITYOFMENDOTAHEIGHTS1101VICTORIACURVEMENDOTAHEIGHTSMN55118 ---------------------------------------------------------------------------- Description Qty Amount PROPOSAL FOR INSTALLATION OF 1 RAIN GUARDIAN 1 4,250.00TBUNKERAT777EMERSONAVE-REMOVE AND DISPOSEOFCONCRETECURBASNECESSARYTOACCOMMODATEBUNKER.INSTALL CONCRETE BUNKER PAD,BUNKER,AND NEW CURB PER INSTALLATION DRAWINGS.NOTES-CITY TO PROVIDE AND DELIVER BUNKER.____________________________________________________________________________ SubTotal: $4,250.00 Tax: $0.00-------------------------------------- Total: $4,250.00 All material is guaranteed to be as specified. All work to be completed in a substantial workmanlike manner according to specifications submitted per standard practices.Any alteration or deviation from abovespecificationsinvolvingextracostswillbeexecutedonlyupon written orders,and will become an extra charge over and above the estimate.All agreements contingent upon strikes,accidents,or delays beyond our control.This proposal may be withdrawn by us if not accepted within 60 days.The above prices,specifications,and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified. Payment terms are 1/2 down with balance due upon completion. <image002.jpg> Page 23 of 77 This page is intentionally left blank 6.g REQUEST FOR CITY COUNCIL ACTION MEETING DATE: September 3, 2024 AGENDA ITEM: Approve Contract to Grind Brush at Transfer Site ITEM TYPE: Consent Item DEPARTMENT: Public Works CONTACT: John Boland, Public Works Superintendent ACTION REQUEST: Approve a proposal from Dakota Wood to grind up to $17,500 of brush into wood chips located at the transfer site. BACKGROUND: Public Works staff has disposed of tree debris in the past by hauling it to various sites that accept material for free. Several years ago, most sites began charging fees for disposal. Staff began storing trees and brush at the City transfer site with the idea of grinding materials on- site to limit hauling distances. Staff received quotes from several local brush grinding vendors that ranged in price from $5.25-$8.50 per cubic yard of ground and hauled material. Staff will retain some grindings for use in the park system. Dakota Wood had the low bid at $5.25 per cubic yard of hauled material. FISCAL AND RESOURCE IMPACT: The item will be paid using the tree removal budget. ATTACHMENTS: None CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure, Environmental Sustainability & Stewardship Page 24 of 77 This page is intentionally left blank 6.h REQUEST FOR CITY COUNCIL ACTION MEETING DATE: September 3, 2024 AGENDA ITEM: Approve Trail Easement for 1445 Knollwood Lane ITEM TYPE: Consent Item DEPARTMENT: Public Works CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: Approve an easement for trail purposes over the 1445 Knollwood Lane property. BACKGROUND: The city of Mendota Heights approved the Ivy Falls South plat in 1995. The plat extended Knollwood Lane south from Emerson Avenue. As part of the development, a trail was constructed connecting Knollwood Lane to Clement Street. The Developers Agreement required the developer to record an easement for the trail. Adjacent to the trail are several ash trees that have died due to infestations from the Emerald Ash Borer. The homeowners asked that the city remove the trees as they are a hazard to pedestrians. Staff searched for the easement to review the requirements of the city to manage the trees. Upon this review, it was determined that the trail easement does not exist. Staff worked with the homeowners on developing the attached easement for trail purposes. Once approved, the city will have a contractor remove the dead ash trees adjacent to the trail. The city is also working with the property at 1441 Clement Street as there is not an existing trail easement for that segment. FISCAL AND RESOURCE IMPACT: The City will need to make payment of one dollar as a financial transaction for the easement and hire a contractor to remove the trees and stumps, estimated around $5,000. ATTACHMENTS: 1.Public Trail Easement - 1445 Knollwood Lane - Hottinger - Version 7 Full Page 25 of 77 CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure, Environmental Sustainability & Stewardship, Inclusive and Responsive Government Page 26 of 77 1 DEDICATION OF TRAIL EASEMENT This DEDICATION OF A TRAIL EASEMENT, made this ___ day of August, 2024, by GEORGE C. HOTTINGER and MOLLY A. HOTTINGER, a married couple, (collectively, the “Grantor”), to the CITY OF MENDOTA HEIGHTS, a municipal corporation under the laws of the State of Minnesota (the “Grantee”). RECITALS: WHEREAS, Grantor is the fee owner of certain real property located in the County of Dakota, State of Minnesota, as legally described on Exhibit A, attached hereto and incorporated herein (the “Premises”). And; WHEREAS, Grantor is willing to grant a permanent easement for trail purposes in favor of Grantee over a portion of the Premises, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration, the sufficiency of which is hereby acknowledged by Grantor, Grantor agrees as follows: 1.Grant of Easement. Grantor hereby grants, bargains and conveys unto Grantee, its successors and assigns, the following: Page 27 of 77 2 a.A non-exclusive, restrictive, perpetual public trail easement on, over, under and across that portion of the Premises legally described on Exhibit B, attached hereto and incorporated herein (the “Easement Property”), and which is derived from, and must conform with the Certificate of Survey dated March 27, 2024, (Exhibit C, attached hereto) and proposed easement dated July 25, 2024 (Exhibit D, attached hereto) for trail purposes. Trail purposes contemplate use as a walking path to which access is allowed to the public. Motorized vehicles except those used for maintenance of the trail are prohibited. As such, any future construction, reconstruction, inspection, operation, maintenance or repair of the public trail is conditioned upon furthering the trail purposes. b.The right to enter upon the Easement Property at any and all times in order to accomplish the above stated purposes. 2.Good Right to Grant and Convey Easement. Grantor, its successors and assigns, does covenant with the Grantee, its successors and assigns, that it is the fee owner of the Premises and has good right to grant and convey the easement herein to the Grantee subject to easements and encumbrances of record as of the date hereof. 3.Restrictions and Requirements on Grantor. Grantor hereby declares that it understands and agrees to the following: a.Grantor shall not allow construction or installation of buildings, structures, material storage, fixture, or any other objects which may prohibit normal access for the above stated purposes within the Easement Property. b.Any improvements in or upon the Easement Property that do not prohibit the Grantee from exercising its rights under this easement may be allowed by obtaining prior written permission from the City of Mendota Heights. 4.Restrictions and Requirements on Grantee. Grantee hereby declares that it understands and agrees to the following: Page 28 of 77 3 a. Grantee shall be responsible for trimming, and removal, of trees or other growth affecting the safe use of the Easement Property and is otherwise responsible for the maintenance of the easement property. b.Grantee agrees to maintain a continuous bituminous trail surface for the full length of the trail constructed within the Easement Property at a minimum of six feet and a maximum of nine feet within the Easement Property, in good order and repair. Grantee agrees it will not construct any other improvements within the Easement Property. 5.Easement to Run with Land. This Dedication of Trail Easement shall run with the land and be appurtenant to the Premises and shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. 6.Indemnification. The Grantee shall defend, indemnify and save harmless the Grantor, its successors and assigns, from and against any and all claims, demands, suits, and actions made, asserted, brought, or commenced against Grantor, or its successors or any assigns, by any person claiming injury, loss, or damages that arise out of their use of the Easement Property. Page 29 of 77 4 IN WITNESS WHEREOF, the Grantor and Grantee have entered into this Dedication of Easement to be executed as of the day and year first above written. GRANTOR: By___________________________________ George C. Hottinger By___________________________________ Molly A. Hottinger STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ___ day of August, 2024, by George C.Hottinger and Molly A. Hottinger, a married couple, and as Grantor of this agreement. ____________________________________ Notary Public Page 30 of 77 5 GRANTEE: CITY OF MENDOTA HEIGHTS By: Stephanie Levine Its: Mayor By: Nancy Bauer Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ____ day of August, 2024, by Stephanie Levine and Nancy Bauer, the Mayor and City Clerk, respectively, of the City of Mendota Heights, a Minnesota statutory city, on behalf of such city, the Grantee of this agreement ____________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Mendota Heights Engineering Department 1101 Victoria Curve Mendota Heights, Minnesota 55118 Phone: 651-452-1850 Page 31 of 77 EXHIBIT A Premises Legal Description Parcel Identification No. 27-37660-01-120 Lot 12, Block 1, IVY FALLS SOUTH, Dakota County, Minnesota. Page 32 of 77 EXHIBIT B Easement Legal Description Those parts of Lots 10 and 12, Block 1, IVY FALLS SOUTH, according to the recorded plat thereof, Dakota County, Minnesota, lying southerly a line described as follows (also known as Line A): Commencing at the southeast corner of said Lot 10; thence North 08 degrees 43 minutes 31 seconds West, assumed bearing, along the East line of said Lot 10, a distance of 15.00 feet to the point of beginning of the line to be described; thence North 87 degrees 13 minutes 22 seconds West a distance of 174.80 feet; thence South 85 degrees 41 minutes 09 seconds West a distance of 55.00; thence North 84 degrees 54 minutes 56 seconds West a distance of 20.00 feet; thence North 78 degrees 05 minutes 21 seconds West a distance of 13.00 feet; thence North 66 degrees 46 minutes 30 seconds West a distance of 20.00 feet; thence North 57 degrees 06 minutes 51 seconds West a distance of 10.00 feet to the West line of said Lot 12 and said line there terminating. And lying northerly of a line described as follows (also known as Line B): Commencing at the southeast corner of said Lot 10; thence North 08 degrees 43 minutes 31 seconds West, assumed bearing, along the East line of said Lot 10, a distance of 4.17 feet to the point of beginning of the line to be described; thence North 87 degrees 38 minutes 45 seconds West a distance of 181.07 feet; thence South 85 degrees 30 minutes 55 seconds West a distance of 48.39 feet; thence North 84 degrees 30 minutes 40 seconds West a distance of 24.86 to a point on the southwest line of said Lot 12, said point being 15.23 feet northwesterly from the southwest corner of said Lot 12, and said line there terminating. Page 33 of 77 EXHIBIT CPage 34 of 77 EXHIBIT DPage 35 of 77 This page is intentionally left blank Page 36 of 776.i Page 37 of 77 Page 38 of 77 Page 39 of 77 Page 40 of 77 Page 41 of 77 Page 42 of 77 Page 43 of 77 Page 44 of 77 Page 45 of 77 Page 46 of 77 Page 47 of 77 7.a REQUEST FOR CITY COUNCIL ACTION MEETING DATE: September 3, 2024 AGENDA ITEM: Metropolitan Councilmember Tenzin Dolkar ITEM TYPE: Presentation DEPARTMENT: Administration CONTACT: Sarah Madden, Community Development Manager ACTION REQUEST: Introduction and Presentation by District 15 Metropolitan Councilmember Tenzin Dolkar BACKGROUND: At the September 3 regular meeting, Metropolitan Councilmember Tenzin Dolkar, representative of District 15, will be introducing herself and will make a brief presentation to the City Council. Attached is a profile and biography provided by the Metropolitan Council on Councilmember Dolkar. Ms. Dolkar will offer some personal insight into her role and responsibilities as the community's district representative, and answer any questions the council may have on any regional needs or issues. FISCAL AND RESOURCE IMPACT: n/a ATTACHMENTS: 1.Metropolitan Council District 15 Profile 2.Imagine 2050 - Regional Goals 3.Imagine 2050 - General Handout CITY COUNCIL PRIORITY: Inclusive and Responsive Government Page 48 of 77 Page 49 of 77 ANOKA WASHINGTON RAMSEYHENNEPIN CARVER SCOTT DAKOTA §¨¦35E §¨¦35E §¨¦494 §¨¦35E §¨¦494 §¨¦494 §¨¦494 §¨¦494 §¨¦35E §¨¦494 §¨¦35E !(37 !(32!(32 !(42 !(42 !(42 Apple Valley Bloomington Burnsville Coates Cottage Grove Eagan Fort Snelling(unorg.) Inver GroveHeights Lakeville Lilydale Maplewood Mendota MendotaHeights NewportRichfield Rosemount St. Paul St. PaulPark SouthSt. Paul SunfishLake VermillionTwp. West St. Paul Woodbury Minneapolis Grey CloudIsland Twp. Empire £¤52 £¤52 £¤61 £¤61 £¤52 £¤52 £¤52 ÉÉ55 ÉÉ55 ÉÉ55 ÉÉ55 ÉÉ5 ÉÉ13 ÉÉ77 ÉÉ55 ÉÉ55 ÉÉ62 ÉÉ110 ÉÉ55 ÉÉ77 ÉÉ62 ÉÉ5 ÉÉ55 ÉÉ55 ÉÉ77 ÉÉ77 Metropolitan Council District 15 ³Council District 15 1 2 3 4 5678 9 10 11 12 1314 15 16 0 2 4 6 81Miles May 2023 Interstate/Major Highway Road Municipal Boundary County Boundary Page 50 of 77 ENVISION OUR FUTURE TOGETHER By imagining the future, we’re compelled to think differently about how we solve challenges today. Imagine 2050 is the seven-county metro region’s long-range plan that provides a comprehensive look at how land use, transportation, water resources, housing, and parks intersect -- and what people will need in the region over the next 30 years. Imagine 2050 is grounded in community engagement so we can expand on the desired outcomes that our regional partners have shared with us. Those partnerships are critical in creating regional policies that spur prosperity for future generations by addressing today’s critical issues, including climate, equity, natural systems, safety, and public health. Our region is equitable and inclusive Racial inequities and injustices experienced by historically marginalized communities have been eliminated; and all people feel welcome, included, and empowered. Our communities are healthy and safe All our region’s residents live healthy and rewarding lives with a sense of dignity and wellbeing. Our region is dynamic and resilient Our region meets the opportunities and challenges faced by our communities and economy including issues of choice, access, and affordability. We lead on addressing climate change We have mitigated greenhouse gas emissions and have adapted to ensure our communities and systems are resilient to climate impacts. We protect and restore natural systems We protect, integrate, and restore natural systems to protect habitat and ensure a high quality of life for the people of our region. REGIONAL GOALS The Met Council has adopted a set of regional goals to help drive our policies, practices, programs, and partnerships. Imagine 2050 vision statement A prosperous, equitable, and resilient region with abundant opportunities for all to live, work, play, and thrive. Page 51 of 77 HERE Plan Timeline REGIONAL CORE VALUES NO ONE COMMUNITY CAN DO IT ALONE Please visit metrocouncil.org/Imagine2050 to learn more about the next regional development guide. Tell us what you think. We’ve also created an online engagement platform to capture your thoughts and ideas. Scan the QR code to get started. When you’re done, please spread the word about Imagine 2050 and our request for feedback. We want to hear from the people you know, too. Equity. We value the people and communities of our economically and culturally vibrant region. But we recognize the disparities that injustices, including racism, have created. We’re dedicated to creating systems, policies, and programs that repair past harms and foster an equitable future. Accountability. We value the impact of measurable outcomes. We must be open to criticism when we don’t achieve those results or harm communities. We realize partnerships can maximize our effectiveness – along with transparency and flexibility when we need to change course. Leadership. We value people who inspire and motivate others for positive change. To maximize the potential of our region and its communities, we turn to leadership that is diverse, collaborative, culturally competent, and innovative. We encourage this kind of leadership across all sectors including business, government, non-profit, and education. Stewardship. We value our region’s resources. We recognize that every natural, economic, financial, and infrastructure resource is vulnerable. We must design our systems and allocate our resources in ways that can be sustained over time and support the needs of future generations. Metropolitan Council 20262022 Community & Stakeholder Engagement Research / Author Research Papers Draft Policy & Action 2023 2024 2025 Adopt & Implement Public Comment Revise & Finalize Content 08192024 metcouncil.mn/engage Page 52 of 77 ww BUILDING AN EQUITABLE AND RESILIENT TOMORROW We want to learn more from the people we serve. Since our public policies are enacted to benefit the people in a region, they should have a voice in shaping them. Thrive 2040 brought successes. And, we expect more from Imagine 2050 because of a more comprehensive and collaborative community engagement process. Imagine 2050 will be informed by the values and desired outcomes expressed in the local comprehensive plans of each county, city, and township. We are here to create a shared vision with you. You have several opportunities to share feedback through this process, including: Pop-up art engagements Connect with residents and spur feedback about Imagine 2050. Working drafts Invite public comment on Imagine 2050 drafts to ensure accuracy and relevancy. Community conversations Connect face-to-face, so we can hear directly from residents about what’s most important. IMAGINE A BETTER, BRIGHTER FUTURE. TOGETHER. A collaborative approach to regional planning We can fully realize our best future by thinking ahead – and working together – on the next long-range plan for the seven-county metropolitan area. Our ongoing collaboration with regional partners like you helps us create a new guide for the region every 10 years. With Imagine 2050, we can put people-friendly policies and plans into action. We can provide essential services more effectively. We can coordinate efficient regional growth. Best of all, we can improve the quality of life for over three million people who call this place home. You’re the voice of your community and the steady hand guiding local growth and development. You know what’s important to your residents. Together, we can foster a more prosperous future for them – and for future generations. Page 53 of 77 Metropolitan Council metcouncil.mn/engage Ten years ago, Thrive 2040 established the policy foundation for systems and planning, development policies, and implementation strategies for the region. From there, we’ve collaborated with a wide range of local agencies to implement change and realize progress to support efficient growth and economic prosperity for people in the Twin Cities region and beyond, including: THRIVE 2040 IDEAS IN ACTION Transportation •Expand our network of transitways, including the region’s first arterial bus rapid transit line. •Prioritize multimodal projects featuring bike lanes, sidewalks, trails, and crosswalks. •Implement a system of managed lanes and tran- sit advantages, beginning with a system study that considered where express lanes could reduce congestion and improve reliability. Water •Create the water efficiency grant program that offers grants to cities and townships to help encourage the use of water-efficient products. •Implement the water reuse policy to best treat stormwater and wastewater so water can be reused safely and effectively. Land use •More than half of municipalities have integrated climate and nearly one-third added equity to their comprehensive plans. Regional parks and trails •Provide funding through the equity grant pro- gram to encourage more diversity among regional park visitors. •Raise awareness, especially with underrepresented communities, through the parks ambassador program •Partner with counties to add BIPOC artists’ artwork to wayfinding signage. Housing •Define the need for deeply affordable housing to help cities and counties plan and develop more housing for the lowest-income households. 08192024 NO ONE COMMUNITY CAN DO IT ALONE Please visit metrocouncil.org/Imagine2050 to learn more about the next regional development guide. Tell us what you think. We’ve also created an online engagement platform to capture your thoughts and ideas. Scan the QR code to get started. When you’re done, please spread the word about Imagine 2050 and our request for feedback. We want to hear from the people you serve, too. Page 54 of 77 This page is intentionally left blank 9.a REQUEST FOR CITY COUNCIL ACTION MEETING DATE: September 3, 2024 AGENDA ITEM: Resolution 2024-48 Approving a Wetlands Permit for 643 Pond View Drive – Planning Case 2024-18 ITEM TYPE: New and Unfinished Business DEPARTMENT: Community Development CONTACT: Sarah Madden, Community Development Manager ACTION REQUEST: Adopt Resolution 2024-48 Approving a Wetlands Permit to authorize the permitting and construction of a new deck and site landscaping and hardscaping improvements. BACKGROUND: The subject property is legally described as Lot 2, Block 1, COPPERFIELD 2ND ADDITION and is addressed as 643 Pond View Drive. The lot is 18,138 sq. ft. in size and contains an existing 2,723 sq. ft. single-family home. The property abuts Copperfield Pond with just under 12% of the parcel extending over water area of the pond. The existing home is greater than 100-ft from the pond, but the existing deck lies within the 100-ft boundary of the Wetlands District, approximately 95-ft from the water line of the pond. 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. In this Planning Case, a Wetlands Permit is required for the construction, alteration, or removal of a structure. The applicant is seeking to obtain authorization for the permitting and construction of a new deck, approximately 590 square feet in size, with stairs. A portion of the deck will be within the 100-ft Wetlands District boundary, however the plans illustrate that the new deck will maintain a similar setback from the water line as the existing deck. The applicant is working on behalf of the homeowners to permit the deck construction, as well as other site hardscaping and Page 55 of 77 landscaping improvements including pavers, stone steps, landscaping materials, rock and mulch, and the replacement of a retaining wall in the side yard. All improvements related to the project will take place within the rear yard of the home in the area generally surrounding the existing deck area and the north (rear) wall of the home. The applicant is showing a silt protection fence approximately 50-ft from the pond edge, and all construction activities are shown to take place more than 25-ft from that silt protection fence. There is existing sod in the rear yard of the property which would be restored following the construction disturbance. The naturalized planting area beyond the fenced-in portion of the rear yard and immediately abutting the pond edge is not modified or impacted in the provided plans. There is not any proposed vegetation or tree removal associated with this Wetlands Permit proposal, but the applicant has provided a landscaping plan illustrating new plant materials in the mulch and rock bed area surrounding the perimeter of the home. At the August 27, 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 applicant was present to speak to the application and to answer questions from the Commissioners. The Planning Commission discussed the site landscaping plan and the inclusion of tree protection along with any erosion control, as recommended in the conditions by staff. A copy of the 08/27/24 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. FISCAL AND RESOURCE IMPACT: Not Applicable ATTACHMENTS: 1.Resolution 2024-48 2.Planning Staff Report 8/27/24 with attachments 3.Updated Site Landscaping Plan (dated 8/23/24) 4.Excerpt from Unapproved Planning Commission Minutes CITY COUNCIL PRIORITY: Economic Vitality & Community Vibrancy, Environmental Sustainability & Stewardship Page 56 of 77 Res. No. 2024-48 Page | 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-48 RESOLUTION APPROVING A WETLANDS PERMIT AT 643 POND VIEW DRIVE PLANNING CASE 2024-18 WHEREAS, Southview Design, (the “Applicant” and Owner’s representative) made an Application for a Wetlands Permit as proposed under Planning Case No. 2024-18, at the subject property located at 643 Pond View Drive, legally described in attached Exhibit A (the “Subject Property”); and WHEREAS, the subject property is guided Low Density Residential in the 2040 Comprehensive Plan and situated in the R-1A 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 Applicant will provide erosion control measures surrounding the disturbed area, and the naturalized buffer along the pond’s boundary will help to reduce and eliminate any runoff from the site and into the water resource areas; and WHEREAS, on August 27, 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. 2024-18 is hereby affirmed, and the Wetlands Permit requested for the property located at 643 Pond View Drive is approved based on the following findings-of-fact: 1. The proposed construction activities related to the new deck project and allowed under this Wetlands Permit meets the purpose and intent of the City Code; and is consistent with 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 pond, or the existing on-site drainage or drainage from surrounding properties. 3. The Applicant will maintain the naturalized wetland vegetation material and existing natural buffering along the adjacent pond edge within the platted drainage easement, which Page 57 of 77 Res. No. 2024-48 Page | 2 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 disturbed 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 deck project and work contemplated under this wetlands permit will 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 643 Pond View Drive is hereby approved, with the following conditions: 1. All work and improvements noted on the plans appended to this Planning Report for Case No. 2024-18 shall be the only approved work allowed under this Wetlands Permit. If additional construction work in areas up to 100-feet from the pond edge is needed, excluding the planting of trees and vegetation, the Owner must contact city staff prior to commencing any work, and repair and replant any disturbed areas with suitable plantings and materials, per direction of the city’s Natural Resources Coordinator. 2. The new structure and site improvements shall comply with all applicable standards and conditions noted under Title 12, Chapter 2 Wetlands Systems of City Code. 3. The Owners shall continue to maintain a 25’ wide vegetative buffer (no disturbance) from the adjacent pond edge, as outlined on the drainage easement dedicated on the Plat of the property. 4. No additional grading or other land disturbance shall occur within twenty-five feet (25’) from the edge of the adjacent pond, 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. 5. Full erosion/sedimentation measures shall be installed prior to commencement of work and maintained throughout the duration of the construction project. A double row of silt fence/perimeter control is required, with j-hook on both sides of the property. Tree Protection and erosion barriers shall be placed and maintained along the outer edges of the project work area and remain in place until all disturbed areas have been restored. Page 58 of 77 Res. No. 2024-48 Page | 3 6. 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. 7. Best efforts will be made by the contractor(s) to “come clean, leave clean” during the course of construction on the Subject Property, and ensure new ground mulch or plant materials are free of any invasive species. 8. Prior to the release of any escrow payment, all disturbed areas in and around the project site shall be restored and have an established, protected and permanent ground cover immediately after the project is completed. 9. A building permit must be approved prior to the commencement of any construction work on the proposal. 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 3rd day of September 2024. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Stephanie B. Levine, Mayor ATTEST: Nancy Bauer, City Clerk Page 59 of 77 Res. No. 2024-48 Page | 4 EXHIBIT A Address: 643 Pond View Drive PIN: 271830101020 Legal Description: Lot 2, Block 1, COPPERFIELD 2ND ADDITION Page 60 of 77 PLANNING STAFF REPORT DATE:August 27, 2024 TO:Planning Commission FROM:Sarah Madden, Community Development Manager SUBJECT:Planning Case 2024-18 WETLANDS PERMIT APPLICANT:Southview Design (on behalf of Rory and Nicole Duggan) PROPERTY ADDRESS:643 Pond View Drive ZONING/GUIDED:R-1 One Family Residential/LR Low Density Residential ACTION DEADLINE:September 28, 2024 INTRODUCTION The applicant is seeking a Wetlands Permit to authorize construction of a new deck structure and landscaping/hardscaping improvements on the property located at 643 Pond View Drive. A portion of the subject property is located within the Wetlands District, which encompasses wetlands and water resource related areas and the adjacent land within 100-ft of the normal high water markers of these water resources. The proposed improvements are located at the edge of the Wetlands District boundary, approximately 95.5- ft from the edge of the adjacent Copperfield Pond. 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 as of the submission of this report. BACKGROUND / PROJECT DESCRIPTION The subject property is legally described as Lot 2, Block 1, COPPERFIELD 2ND ADDITION and is addressed as 643 Pond View Drive. The lot is 18,138 sq. ft. in size and contains an existing 2,723 sq. ft. single-family home. (see image – right). The property abuts Copperfield Pond with 2,138 sq. ft. (11.7%) of the parcel identified as water area, and the existing home is greater than 100-ft from the pond. A portion of the existing deck lies within the 100-ft boundary of the Wetlands District, with its edge approximately 95-ft setback from the water line of the pond (noted as elevation 839 on the City’s official wetlands system map, 1976) and its deck stairs approximately 88-ft setback from the water line of the pond. The rear of the property immediately adjacent to the pond is dedicated as a drainage easement on the Plat for this subdivision measuring between 23-25-ft in depth beyond the delineated edge of the pond at the time of development (noted at an elevation of 838.7 on April 1, 1986 on the Plat). There is a fence on the property approximately 50-ft from the pond edge, and the area beyond the fence remains in a naturalized condition. The pond is noted as an established Type III wetland (Slightly Susceptible Wetland) as Page 61 of 77 Planning Case 2024-18 (643 Pond View Drive – Southview Design)Page 2 of 6 identified by the Wetlands Map in the City’s Surface Water Management Plan (SWMP). An updated delineation is not required as part of this project, based on the scope of the disturbance within the provided plans. The applicant is working on behalf of the homeowners of the property to obtain authorization for the permitting and construction of a new deck and landscaping improvements including retaining wall replacement and new paver patio underneath the deck footprint, new stone steps and paver landings, and new edging and mulch/rock surrounding the home’s foundation and the deck/patio. There is existing sod in the rear yard of the property which would be restored following the construction disturbance. The naturalized planting area beyond the fenced-in portion of the rear yard and immediately abutting the pond edge is not modified or impacted in the provided plans. 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 deck requires this permit before any work commences, and portions of the project area to replace the retaining wall and install patio pavers falls within the boundaries of the Wetlands District as well. 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. Page 62 of 77 Planning Case 2024-18 (643 Pond View Drive – Southview Design) Page 3 of 6 •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. The provided plans illustrate a new deck 9-ft in height and approximately 536 sq. ft. in size (approx.. 590 sq. ft. with new stairs included). A paver patio is proposed underneath the new deck, and additional paver landings and stone steps are proposed in the area where the existing deck is located. The proposed new deck and steps will not extend further towards the pond edge than the existing deck and stairs. The existing deck and stairs will be removed. The applicant is showing a silt protection fence approximately 50-ft from the pond edge, and all construction activities are shown to take place more than 25-ft from that silt protection fence. Because this property abuts a pond, the City would require a double row of silt fence/perimeter control with a j-hook on each side. A condition has been added to reflect this requirement in the recommendation section of this report. The plans submitted by the Applicant show no changes to the plant materials on the subject property, and the landscaping improvements described include the installation of hardscaping such as patio pavers, stone steps, a rock boulder retaining wall, and new edging and mulch/rock around the foundation of the home and deck/patio. The proposed boulder retaining wall will run parallel to the east property line and does not exceed 48” in height at its peak. The wall is a replacement of an existing treated timber wall. The house foundation is surrounded by existing rock mulch which will also be replaced in the full project scope. There are two existing trees shown to remain in the project boundary area. A condition has been added that tree protection be installed prior to the commencement of construction and remain in place throughout the duration of the project. 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 erosion control measures, as outlined in the City’s Land Disturbance Guidance Document. The proposed improvements are consistent with the setback requirements of the underlying residential zoning district, and the estimated impervious surface on the subject property would be 26.9% to accomplish the total improvements. 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. Page 63 of 77 Planning Case 2024-18 (643 Pond View Drive – Southview Design)Page 4 of 6 7.Explore the development of ordinances and or policies that establish minimum soil standards for development and redevelopment that can support turf, plantings, and/or healthy turf alternatives. 10.Prior to approval of landscape and development plans, work with applicants to encourage the preservation and installation of high ecosystem value communities. Staff Comment: The naturalized area abutting the adjacent Copperfield Pond is not disturbed, modified, or impacted by the proposed improvements, and no vegetation removal is included as part of this project scope. 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: The developer is committed to maintaining erosion control by use of a silt fence surrounding the disturbed area. Construction activity will be conducted in compliance with the City’s Land Disturbance Guidance Document. ALTERNATIVES 1. Approve the Wetlands Permit for 643 Pond View Drive based on certain findings-of-fact, along with specific conditions of approval as noted herein; or 2. Deny the Wetlands Permit for 643 Pond View Drive 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 Southview Design and for the property located at 643 Pond View Drive, which would authorize the permitting and construction of the new deck and associated landscaping and hardscaping improvements, based on the attached findings-of-fact and subject to the following conditions: 1. All work and improvements noted on the plans appended to this Planning Report for Case No. 2024- 18 shall be the only approved work allowed under this Wetlands Permit. If additional construction work in areas up to 100-feet from the pond edge is needed, excluding the planting of trees and vegetation, the Owner must contact city staff prior to commencing any work, and repair and replant any disturbed areas with suitable plantings and materials, per direction of the city’s Natural Resources Coordinator. 2. The new structure and site improvements shall comply with all applicable standards and conditions noted under Title 12, Chapter 2 Wetlands Systems of City Code. Page 64 of 77 Planning Case 2024-18 (643 Pond View Drive – Southview Design) Page 5 of 6 3. The Owners shall continue to maintain a 25’ wide vegetative buffer (no disturbance) from the adjacent pond edge, as outlined on the drainage easement dedicated on the Plat of the property. 4. No additional grading or other land disturbance shall occur within twenty-five feet (25’) from the edge of the adjacent pond, 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. 5. Full erosion/sedimentation measures shall be installed prior to commencement of work and maintained throughout the duration of the construction project. A double row of silt fence/perimeter control is required, with j-hook on both sides of the property. Erosion barriers shall be placed and maintained along the outer edges of the project work area and remain in place until all disturbed areas have been restored. 6. 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. 7. Best efforts will be made by the contractor(s) to “come clean, leave clean” during the course of construction on the Subject Property, and ensure new ground mulch or plant materials are free of any invasive species. 8. Prior to the release of any escrow payment, all disturbed areas in and around the project site shall be restored and have an established, protected and permanent ground cover immediately after the project is completed. 9. A building permit must be approved prior to the commencement of any construction work on the proposal. 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. Project Description and Intent 3. Site Plot Plan 4. Proposed Deck and Landscape Plan 5. Wetlands Map 6. Web Soil Survey Page 65 of 77 Planning Case 2024-18 (643 Pond View Drive – Southview Design) Page 6 of 6 FINDINGS-OF-FACT FOR APPROVAL Wetlands Permit for Southview Design 643 Pond View Drive Planning Case No. 2024-18 1. The proposed construction activities related to the new deck project and allowed under this Wetlands Permit meets the purpose and intent of the City Code; and is consistent with 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 pond, or the existing on-site drainage or drainage from surrounding properties. 3. The Applicant will maintain the naturalized wetland vegetation material and existing natural buffering along the adjacent pond edge within the platted drainage easement, 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 disturbed 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 deck project and work contemplated under this wetlands permit will 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. Page 66 of 77 666 6 66 666666666 6 66 66666666666666³ ³³ !" ³ * " " ³ * " " "666666666 6 6 666666666666!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 650 644 648 647 642 640 650 637 631 632 627 2384 639 636 646 2356 6432366 2360 2374 2385 2348 650 631 637 623 639 647 627 643 637 623 HUBER DRPOND VIEW DRAPACHE C T POND VIEW TERW A T E R S E D G E T E R Nearmap US Inc, Dakota County, MN Site Location/Aerial Map643 Pond View Drive Date: 8/22/2024 City ofMendotaHeights0100 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. Page 67 of 77 PROJECT DESCRIPTION AND INTENT: 643 POND VIEW DRIVE, MENDOTA HEIGHTS, MN 55120 Current Site Conditions Within 50’ Setback: Sod in front of clients’ fence; naturalized plantings behind fence Homeowner Goals Within 50’ Setback: Retain naturalized plantings behind fence and sod in front of fence Site Preparations Within 50’ Setback: Install silt fence, including stakes every 8’, along 50’ setback line TOTAL PROPOSED LAND DISTURBANCE: (0) SF Current Site Conditions Between 50’ Setback And 100’ Setback/Back Foundation Of House: Yard is sodded from the 50’ setback up to the treated timber retaining wall and decomposing deck steps. Rock mulch surrounds the retaining wall, deck footprint, and house foundation. The garage side of the house is experiencing some erosion onto the neighbors’ property due to the steep slope of the existing grade. Homeowner Goals Between 50’ Setback And 100’ Setback/Back Foundation Of House: Replace timber retaining wall with 6” block retaining walls not exceeding 48” height. Replace decomposing deck and steps with maintenance-free deck and steps. New deck/steps footprint is intended to extend no further than existing deck steps. Shore up eroding grade on side of garage with glacial boulder retaining wall not exceeding 48” height and following grade. Install new paver patio under deck footprint. Install new stone steps and paver landings between proposed upper deck steps and paver patio. Add new edging and mulch/rock around foundation of house and deck/patio. Restore sod in areas of construction disturbance. Site Preparations Between 50’ Setback And 100’ Setback/Back Foundation Of House: Remove and dispose of existing deck and steps Remove and dispose of timber walls Excavate soil from patio base excavation and boulder wall trench excavation o Excavation calculations for portion of patio inside 100’ setback: Excavate 200sf x 9” deep for base 200 / 27 * .75 = 5.5 cy soil out o Excavation calculations for portion of boulder retaining wall inside 100’ setback: Excavate 24” w x 12” d per lf of retaining wall for base = 27/2/1.25 = 10.8lf/cy 18lf/10.8 = 1.7 cy soil out 1.7 * 0.7 for voids = 1.2 cy boulders in 0.5 cy soil backfill from boulder trench excavation 5.5 cy soil backfill from patio excavation to build up grade = 0 cy NET material out/in Install glacial boulder retaining wall, (55)lf in total length, starting at front side of garage, size range 18”-30” boulders, 15-degree batter on wall, 12” boulder buried, with mirafi type I40N or equal and 12” minimum free-draining aggregate behind boulders and perforated draintile running the length of the wall – use soil generated from patio excavation to build up grade behind wall Install new stone slab steps Page 68 of 77 Install new paver patio under deck and paver landings in between stone slab steps Replace existing deck and steps with maintenance-free materials Cover areas of disturbance around deck/patio, retaining walls, and in haul road/machine access with ~1” topsoil and new sod or mulch o Excavation calculations for overall site repair: Sod strip (4400)sf for site repair with 1” soil removal 4400sf/27/12*1.25 = 17 cy soil out 4400sf/27/12*1.25 = 17 cy soil back in under new sod = 0.00 cy net material out PROPOSED LAND DISTURBANCE BETWEEN 50’ AND 100’ SETBACK: (1,500) SF TOTAL PROPOSED LAND DISTURBANCE BEYOND 100’ SETBACK: (5,000) SF Page 69 of 77 Page 70 of 77 2383 Pilot Knob Rd Mendota Heights, MN 55120 Phone: 651-203-3000 Fax: 651-455-1734 SouthviewDesign.com Date Date Issue Notes Revision Notes This drawing contains proprietary information which belongs to Southview Design Inc. Any unauthorized duplication or use is strictly prohibited. Released By:___________________ Date Released:____/____/________ NO. NO.Rory And Nicole DugganProposed Deck And Landscape Plan643 Pond View DrMendota Heights, MN 55120Scale: 1/10" = 1'-0" Designer: Design Associate: Designer Design Assoc Print Date: 2024-07-25 File Name: 2024-07-17_Duggan_PERMIT_PLAN.vwx Stephen Gordon Chris Barber Measure Team: Measure Input: Chris Barber Sheet 4 of 4ECTGVVVVSTH / 100' 99.95' 99.3'98.45'98.25' 98.35'98.5'98.05' Wind Bott / 100.72' 98.8' Wind Bott / 101.63' Wind Top / 108.47' 98.6' Wind Bott / 101.18' Wind Top / 106.77' 98.5'97.2' 96.75' 96.3'97.65' 98.15' 97.6'97.15' 98.5' 97.65' 97.9' 97.85' GF / 98.15'98' 95.9'93.2' 96.05' 93.7' 91.35' BOS / 98.6' BOS / 93.1' BOS / 90.35' 97.75'97.25'97.5' 94.3'95.75' BW / 90.8' TW / 91.7' 90.8'90.75' 90.1' 89.65' 89.05' TH / 90.45' 90.25' 88.8'90.65'90.7' 91.55' 89.3' 89.3' 89.8' SS SSSSS 89.85 89.35 90.25' 88.8'90.65'90.7' 91.55' 93.1' 89.3' 89.3' V 98 = grade 96 = grade at fence 93.6 89.43 89.43 90.93 93.693.43 SIDE OF GARAGESS S S S S S S STAGING HAUL ROAD PPPPPPPPPP TOP OF WALL: 95.7' BOTTOM OF WALL: 93.2' 5'-0" 93.7'TOP OF WALL: 93.7' BOTTOM OF WALL: 91.2' 93.43 TOP OF WALL: 93.5' BOTTOM OF WALL: 89.8' BOULDER RETAINING WALL DESCENDS WITH GRADE, NOT EXCEEDING 48" HEIGHT BLOCK RETAINING WALL UNDER DECK TOP OF WALL: 93.43' BOTTOM OF WALL: 89.85' NEIGHBORS' FENCE MULCH MULCH UP 33'-6"16'30'-3"14'5'3'15'-11"15'-11" 5'-5" Engineered Glulam Helical Pier Footing 6x6 Treated Post Duggan: 643 Pond View Dr Mendota Heights Trex Transcends Lineage Westbury Verticable Drink Rail Trex Rain Escapes LP underdeck ceiling Post wraps Picture Frame 2x10 SYP Treated Joists 16" OC Joist Connections to be Simpson Strong Tie LUSZMAX Joist Hangers 2x12 Stair Stringers Framed 9" OC Attached using Simpson Zmax g185 Rise not to exceed 7 3/4" Tread to be 10 1/2" All Post to beam connections to be secured with Simpson Zmax LPC6Z Deck Height: 9' (3) 2x10 SYP Treated Beam 840 REFERENCE SITE ELEVATION: THRESHOLD: 90.45 Proposed paver landings and steps Proposed paver patio under deck PROPOSED ELEVATIONS IN RED LEAVE NATURAL AREA BEHIND FENCE UNDISTURBED LEAVE GRADE BEYOND PATIO UNDISTURBED SILT PROTECTION IN FRONT OF 50' SETBACK REPAIR SOD AREAS FROM CONSTRUCTION DISTURBANCE WITH NEW SOD RETAINING WALL TERMINATES JUST PAST EXISTING TREE STEEL EDGING STEEL EDGING POLY EDGING ROCK 92'-0"94'-6"50'-0"100'-0"15'-0"7'-0"100' SETBACK 90.93 PROPOSED LANDSCAPE PLAN WITH 2' CONTOURS, EROSION CONTROL, DECK LAYOUT, AND RETAINING WALL ELEVATIONECTGVVVVSBOS under deck = 94.79 BOS / 90.35'TH / 90.45' TH / 100' 99.95' 99.3'98.45'98.25' 98.35'98.5'98.05' 97.85' GF / 98.15'98' 95.9'93.2' 96.05' 91.35' BOS / 93.1' 90.8'90.75' 90.1' 89.65' 89.05' 89.8' 93.7' 88.8'90.65'90.7' 89.3' 89.3' Existing Deck 35'-0"95'-6"95'-6"840 10'-0"16'-0"33'-6" Proposed Deck With Paver Patio Beneath 100' SETBACK 100'-0"SITE MEASUREMENTS OVERLAID ON SURVEY AND AERIAL Page 71 of 77 2 5 1 2462449 7 95 13311210569 5754 53 237 132294926242 3 100222 1 1 2 0 9 19188 15 1 4 713 1 210 36246 7 5423181210101 0 647 639 637 643 642 639 647 643 631637 650 640 POND VIEW DRHUBER DRPOND VIEW TERWETLANDS MAP 643 Pond View Drive City ofMendotaHeights050 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. 8/22/2024 Page 72 of 77 Page 73 of 77 2383 Pilot Knob Rd Mendota Heights, MN 55120 Phone: 651-203-3000 Fax: 651-455-1734 SouthviewDesign.com Date Date Issue Notes Revision Notes This drawing contains proprietary information which belongs to Southview Design Inc. Any unauthorized duplication or use is strictly prohibited. Released By:___________________ Date Released:____/____/________ NO. NO.Rory And Nicole DugganProposed Deck And Landscape Plan643 Pond View DrMendota Heights, MN 55120Scale: 1/10" = 1'-0" Designer: Design Associate: Designer Design Assoc Print Date: 2024-08-23 File Name: 2024-07-17_Duggan_PERMIT_PLAN.vwx Stephen Gordon Chris Barber Measure Team: Measure Input: Chris Barber Sheet 4 of 4ECTGVVVVSTH / 100' 99.95' 99.3'98.45'98.25' 98.35'98.5'98.05' Wind Bott / 100.72' 98.8' Wind Bott / 101.63' Wind Top / 108.47' 98.6' Wind Bott / 101.18' Wind Top / 106.77' 98.5'97.2' 96.75' 96.3'97.65' 98.15' 97.6'97.15' 98.5' 97.65' 97.9' 97.85' GF / 98.15'98' 95.9'93.2' 96.05' 93.7' 91.35' BOS / 98.6' BOS / 93.1' BOS / 90.35' 97.75'97.25'97.5' 94.3'95.75' BW / 90.8' TW / 91.7' 90.8'90.75' 90.1' 89.65' 89.05' TH / 90.45' 90.25' 88.8'90.65'90.7' 91.55' 89.3' 89.3' 89.8' SS SSSSS 89.85 89.35 90.25' 88.8'90.65'90.7' 91.55' 93.1' 89.3' 89.3' V 98 = grade 96 = grade at fence 93.6 89.43 89.43 90.93 93.693.43 SIDE OF GARAGESS S S S S S S STAGING HAUL ROAD PPPPPPPPPP TOP OF WALL: 95.7' BOTTOM OF WALL: 93.2' 5'-0" 93.7'TOP OF WALL: 93.7' BOTTOM OF WALL: 91.2' 93.43 TOP OF WALL: 93.5' BOTTOM OF WALL: 89.8' BOULDER RETAINING WALL DESCENDS WITH GRADE, NOT EXCEEDING 48" HEIGHT BLOCK RETAINING WALL UNDER DECK TOP OF WALL: 93.43' BOTTOM OF WALL: 89.85' NEIGHBORS' FENCE MULCH MULCH UP 33'-6"16'30'-3"14'5'3'15'-11"15'-11" 5'-5" Engineered Glulam Helical Pier Footing 6x6 Treated Post Duggan: 643 Pond View Dr Mendota Heights Trex Transcends Lineage Westbury Verticable Drink Rail Trex Rain Escapes LP underdeck ceiling Post wraps Picture Frame 2x10 SYP Treated Joists 16" OC Joist Connections to be Simpson Strong Tie LUSZMAX Joist Hangers 2x12 Stair Stringers Framed 9" OC Attached using Simpson Zmax g185 Rise not to exceed 7 3/4" Tread to be 10 1/2" All Post to beam connections to be secured with Simpson Zmax LPC6Z Deck Height: 9' (3) 2x10 SYP Treated Beam 840 REFERENCE SITE ELEVATION: THRESHOLD: 90.45 Proposed paver landings and steps Proposed paver patio under deck PROPOSED ELEVATIONS IN RED LEAVE NATURAL AREA BEHIND FENCE UNDISTURBED LEAVE GRADE BEYOND PATIO UNDISTURBED DOUBLE LAYER OF SILT PROTECTION IN FRONT OF 50' SETBACK REPAIR SOD AREAS FROM CONSTRUCTION DISTURBANCE WITH NEW SOD RETAINING WALL TERMINATES JUST PAST EXISTING TREE STEEL EDGING STEEL EDGING POLY EDGING ROCK 92'-0"94'-6"50'-0"100'-0"15'-0"7'-0"100' SETBACK 90.93 16 Delft Lace Astilbe 15 Paradigm Hosta 4Quick Fire Hardy Hydrangea 4Dwarf Korean Lilac 8 Tor Spirea 15 Shenandoah Switch Grass 6Green Velvet Boxwood 6Caesar's Brother Siberian Iris 6Bobo Hydrangea 9Autumn Fire Sedum 2Ann Magnolia PROPOSED LANDSCAPE PLAN WITH 2' CONTOURS, EROSION CONTROL, DECK LAYOUT, AND RETAINING WALL ELEVATIONECTGVVVVSBOS under deck = 94.79 BOS / 90.35'TH / 90.45' TH / 100' 99.95' 99.3'98.45'98.25' 98.35'98.5'98.05' 97.85' GF / 98.15'98' 95.9'93.2' 96.05' 91.35' BOS / 93.1' 90.8'90.75' 90.1' 89.65' 89.05' 89.8' 93.7' 88.8'90.65'90.7' 89.3' 89.3' Existing Deck 35'-0"95'-6"95'-6"840 10'-0"16'-0"33'-6" Proposed Deck With Paver Patio Beneath 100' SETBACK 100'-0"SITE MEASUREMENTS OVERLAID ON SURVEY AND AERIAL Page 74 of 77 DRAFT/UNAPPROVED MINUTES EXCERPT FROM DRAFT/UNAPPROVED 8/27/24 PLANNING COMMISSION MINUTES A) PLANNING CASE 2024-18 SOUTHVIEW DESIGN, 643 POND VIEW DRIVE – WETLANDS PERMIT Community Development Manager Sarah Madden explained that the applicant is seeking a Wetlands Permit to authorize construction of a new deck structure and landscaping/hardscaping improvements on the property located at 643 Pond View Drive. A portion of the property is located within the Wetlands District, which encompasses wetlands and water resource related areas and the adjacent land within 100 feet of the normal high water markers of these water resources. The proposed improvements are located at the edge of the Wetlands District boundary, approximately 95.5 feet from the edge of the adjacent Copperfield Pond. 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. Acting Chair Corbett referenced the suggested tree protection and asked for more details on what prompted that addition. Community Development Manager Sarah Madden commented that she opted to include that based on current policy discussions, but noted that is not a current requirement of City Code and therefore would be optional for the Commission to include. Alison Landmark, Southview Design, commented that their goal is to be surgical in the planning and construction for this project because of the adjacent wetland and natural area that takes up a large portion of the backyard. She noted that a portion of the property is totally excluded from the scope of work and the deck footprint would not go further than the current deck footprint. Rory Dubin, property owner, commented that they worked with this team on their front yard project last year and are excited to continue. He stated that they do not have any issues with protection of the tree as suggested as they are keeping the tree. Acting Chair Corbett opened the public hearing. Page 75 of 77 DRAFT/UNAPPROVED MINUTES Seeing no one coming forward wishing to speak, Acting Chair Corbett asked for a motion to close the public hearing. COMMISSIONER STONE MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER STONE TO RECOMMEND APPROVAL OF THE WETLANDS PERMIT TO SOUTHVIEW DESIGN AND FOR THE PROPERTY LOCATED AT 643 POND VIEW DRIVE, WHICH WOULD AUTHORIZE THE PERMITTING AND CONSTRUCTION OF THE NEW DECK AND ASSOCIATED LANDSCAPING AND HARDSCAPING IMPROVEMENTS, BASED ON THE FINDINGS-OF-FACT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. ALL WORK AND IMPROVEMENTS NOTED ON THE PLANS APPENDED TO THIS PLANNING REPORT FOR CASE NO. 2024-18 SHALL BE THE ONLY APPROVED WORK ALLOWED UNDER THIS WETLANDS PERMIT. IF ADDITIONAL CONSTRUCTION WORK IN REAS UP TO 100-FEET FROM THE POND EDGE IS NEEDED, EXCLUDING THE PLANTING OF TREES AND VEGETATION, THE OWNER MUST CONTACT CITY STAFF PRIOR TO COMMENCING ANY WORK, AND REPAIR AND REPLANT ANY DISTURBED AREAS WITH SUITABLE PLANTINGS AND MATERIALS, PER DIRECTION OF THE CITY’S NATURAL RESOURCES COORDINATOR. 2. THE NEW STRUCTURE AND SITE IMPROVEMENTS SHALL COMPLY WITH ALL APPLICABLE STANDARDS AND CONDITIONS NOTED UNDER TITLE 12, CHAPTER 2, WETLANDS SYSTEMS OF CITY CODE. 3. THE OWNERS SHALL CONTINUE TO MAINTAIN A 25’ WIDE VEGETATIVE BUFFER (NO DISTURBANCE) FROM THE ADJACENT POND EDGE, AS OUTLINED ON THE DRAINAGE EASEMENT DEDICATED ON THE PLAT OF THE PROPERTY. 4. NO ADDITIONAL GRADING OR OTHER LAND DISTURBANCE SHALL OCCUR WITHIN 25 FEET FROM THE EDGE OF THE ADJACENT POND, 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. 5. FULL EROSION/SEDIMENTATION MEASURES SHALL BE INSTALLED PRIOR TO COMMENCEMENT OF WORK AND MAINTAINED THROUGHOUT THE DURATION OF THE CONSTRUCTION PROJECT. A DOUBLE ROW OF SILT FENCE/PERIMETER CONTROL IS REQUIRED, WITH J-HOOK ON BOTH SIDES OF THE PROPERTY. TREE PROTECTION AND EROSION BARRIERS SHALL BE PLACED AND MAINTAINED ALONG THE OUTER EDGES OF THE PROJECT WORK AREA AND REMAIN IN PLACE UNTIL ALL DISTURBED AREAS HAVE BEEN RESTORED. 6. 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 COMPLINACE WITH THE CITY’S LAND DISTURBANCE GUIDEANCE DOCUMENT. Page 76 of 77 DRAFT/UNAPPROVED MINUTES 7. BEST EFFORTS WILL BE MADE BY THE CONTRACTOR(S) TO “COME CLEAN, LEAVE CLEAN” DURING THE COURSE OF CONSTRUCTION ON THE SUBJECT PROPERTY, AND ENSURE NEW GROUND MULCH OR PLANT MATERIALS ARE FREE OF ANY INVASIVE SPECIES. 8. PRIOR TO THE RELEASE OF ANY ESCROW PAYMENT, ALL DISTURBED AREAS IN AND AROUND THE PROJECT SITE SHALL BE RESTORED AND HAVE AN ESTABLISHED, PROTECTED AND PERMANENT GROUND COVER IMMEIDATELY AFTER THE PROJECT IS COMPLETED. 9. A BUILDING PERMIT MUST BE APPROVED PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION WORK ON THE PROPOSAL. 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. WEEKENDS. Further discussion: Commissioner Katz commented that he is pleased to see the language about tree protection and that the applicant agreed. He stated that he would support similar language when applicable going forward. Commissioner Johnson commented that it is a common construction practice to protect the drip line of the tree and therefore also agrees that protection is helpful when someone wants to save a tree. Acting Chair Corbett stated that while he agrees, he was just unsure if that should be a condition or whether it is better as a typical construction process. AYES: 5 NAYS: 0 Acting Chair Corbett advised the City Council would consider this application at its September 3, 2024 meeting. Page 77 of 77