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2015-11-17 Council Packet CITYOF MENDOTAHEIGHTS CITYCOUNCILAGENDA November 17,2015 –7:00pm MendotaHeightsCityHall 1.Call to Order 2.RollCall 3.PledgeofAllegiance 4.AdoptAgenda 5.ConsentAgenda a. ApprovalofNovember 3,2015CityCouncilMinutes b. Approval of October 29, 2015 Council / Planning Commission Workshop Minutes c. Approval of Resolution 2015-88Joint Powers Agreement with Dakota County for 2016 Waste Abatement Community Funding d. Approval of Purchase Orders for 2016 Dump Truck and Accessories e. Approval of Resolution 2015-90, Senior Citizen Deferred Assessment f. Appointment of Probationary Firefighters g. Approval of Personnel Action Report h. Approval of October 2015 Building Activity Report i. ApprovalofClaimsList j. Approval of Contractor List 6.Public Comments 7.Presentations a. Dakota County –Mendota-Lebanon Hills Greenway Alignment Alternative Recommendation for Highway 110 Pedestrian Crossing 8.Public Hearing Resolution 2015-89 Ordering Improvement Project –Mendota Road Neighborhood a. Improvements 9.New and Unfinished Business a. Presentation by Brian Birch regarding The Village atMendota Heights/Mendota Heights Town Center b. Approve Broadband Joint Powers Agreement with Dakota County Broadband Board 10.Community Announcements 11.Council Comments 12.Adjourn page 3 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 3, 2015 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 8:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to arder at 8:00 p.m. Also present were Councilmembers Duggan, Povolny, and Petschel. Councilmember Norton was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach noted that Councilmembers received revisions for Sa. Council minutes, Sd. Planning Commission minutes, Si. Personnel Action Report, 8a. Vacation of Portion of Perron Road, and 9a. Bond Sale. City staff recommended that item 9d. be removed from the agenda since that item will be forwarded to the Park and Rec Commission. Mayor Krebsbach presented the revised agenda for adoption. Councilmember Duggan moved adoption of the agenda with the revisions as noted. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items � Approval of Resolution 2015-82 Accept Gift for Patrick Memorial, h) Approval of 2016-17 Teamsters Union Contract, and i) Personnel Action Item. a. Approval of October 20, 2015 City Council Minutes with revision b. Approval of October 20, 2015 Council Closed Session Minutes c. Acknowledgement of October 14, 2015 Airport Relations Commission Minutes d. Approval of October 27, 2015 Planning Commission Minutes with revision e. Approval of Ordinance 489, Amend City Code Section 5-3-2 Dog Licensing Provisions £ Approval of Resolution 2015-82 Accept Gift for Patrick Memorial page 4 g. Authorize 2015 Auditing Services with KDV h. Approval of 2016-17 Teamsters Union Contract i. Personnel Action Item j. Approval of September 2015 Treasurer's Report k. Receipt of September 2015 Fire Synopsis 1. Approval of Claims List m. Approval of Contractor List Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: PULLED CONSENT AGENDA ITEM F) APPROVAL OF RESOLUTION 2015-82 ACCEPT GIFT FOR PATRICK MEMORIAL Councilmember Petschel noted that this was a significant gift of $2,000 and asked Chief of Police Michael Aschenbrener to speak to it. Chief Aschenbrener noted that the Pool & Yacht Club holds an annual golf tournament and this year they donated the proceeds to the remembrance of Officer Scott Patrick. Councilmember Petschel moved to adopt RESOLUTION 2015-82 ACCEPTING A GIFT FOR THE SCOTT PATRICK MEMORIAL. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 H) APPROVAL OF 2016-17 TEAMSTERS UNION CONTRACT Councilmember Duggan questioned a date stated in the Memorandum of Understanding for the Teamsters contract. The last paragraph reads "FURTHERMORE, the City and Teamsters Loca1320 agree this will be in effect starting January 1, 2014." He asked if it should read January 1, 2016." Assistant to the Administrator/HR Coordinator Schutta replied that the Teamsters participate in the Minnesota State Post Health Savings Plan, which was effective January 1, 2014. This MOU is in place; however, staff can work the Teamsters to update the language. There would be no impact on the budget. Councilmember Duggan moved to approve the 2016 — 2017 labor agreement between the City of Mendota Heights and Teamsters Loca1320. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: page 5 I) PERSONNEL ACTION REPORT Mayor Krebsbach noted the resignation of Project Engineer Almin Ramic and thanked him for his service to Mendota Heights. Councilmember Duggan moved to accept the Personnel Action Report. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: PUBLIC COMMENTS There were no public comments. PRESENTATIONS A) ANNOUNCEMENT BY CHIEF OF POLICE MICHAEL ASCHENBRENER Chief Aschenbrener announced with regret that Jerry Murphy, a long-time member of the Police Department, passed away on November 2, 2015. All who knew him will miss him. Jerry moved to Mendota Heights in 1961 where he started as the superintendent at the Somerset Country Club. He served with the Police Department for 48 years, as a member of the Civil Defense, a Reserve Officer, and then as a licensed part-time Police Officer. Over the years Jerry served as the coordinator for the Reserves Program, helping to form the group as it is today; setting the rules and guidelines and sharing his wisdom and expertise on what it takes to be a member of the community and to provide the services that cannot be done any other way. A moment of silence was held in honor of Officer Jerry Murphy. PUBLIC HEARING A) RESOLUTION 2015-83 VACATION OF A PORTION OF PERRON ROAD RIGHT-OF-WAY Public Works Director / City Engineer John Mazzitello stated that the property at 2401 Pilot Knob Road currently has a purchase agreement on it. The title investigation revealed that the parking lot of the property actually encroaches into the Perron Road right-of-way. The property owners are requesting a right-of-way vacation and provided a legal description of the area they are requesting to be vacated. City staff has researched the undeveloped, remnant, full-width right-of-way that exists between Pilot Knob Road and Trunk Highway 13. The portion proposed to be vacated is only utilized by the 2401 Pilot Knob Road property. The city has no utilities located within the right-of-way proposed to be vacated. A 60-foot wide right-of-way would be retained by the City. page 6 The requested vacation would result in the creation of a non-conformity due to the parking lot setback. To maintain City controlled right-of-way width, this non-conformity is necessary given the existing conditions. The non-conformity would be a zero-foot parking lot setback from the property line. A condition of this non-conformity would be that any substantial redevelopment or alteration of the site would require the owner to correct the non-conformity. This action requires a 4/5-majority vote because it is a right-of-way vacation. Councilmember Petschel moved to open the public hearing. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 No one from the public wished to be heard. Councilmember Duggan moved to close the public hearing. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: Councilmember Petschel moved to adopt RESOLUTION 2015-83 VACATING (A PORTION OF) PERRON ROAD RIGHT-OF-WAY UPON A PETITION OF AN ABUTTING LANDOWNER. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 NEW AND UNFINISHED BUSINESS A) 2015 BOND SALE, RESOLUTIONS 2015-85, 2015-86, AND 2015-87 Finance Director Kristen Schabacker explained that the City had a bond sale for the 2015 General Obligation Bonds for the road reconstruction projects and to purchase a dump truck. They also had two refunding bond issues. She introduced Stacie Kvilvang of Ehlers & Associates, Inc.to present the results. Ms. Kvilvang stated that there were three bond sales held this morning. Standard and Poor's has upheld the City's AAA rating with a stable outlook. She stated that Standard and Poor's commented that the City has strong management with good financial policies and practices under the financial management plan and assessment, has very strong budgetary flexibility, has very strong liquidity, and has very strong debt contingent liability position. Ms. Kvilvang then went through a little of the specifics for each of the bond sales 1. 2015A Bonds ($1.2M) issued for a 20-year term for the 2015 Victoria Road Reconstruction Project and the purchase of the snowplow. page 7 Three bids were received with the low bid coming from Northland Securities, Inc. at a true interest rate of 2.6080%. 2. 2015B Bonds ($1,475,000) refinancing the 2007 bonds used to purchase the Par 3 Golf Course, for a 7 year term. Six bids were received with the low bid coming from FTN Financial Capital Markets at a true interest rate of 1.3659%. 3. 2015C Bonds ($1,995,000) refinancing some 2008 general obligation improvement bonds for road reconstruction project, for a 12 year term. Five bids were received with a low bid coming from Northland Securities, Inc. at a true interest rate of 1.9237%. Council expressed their appreciation to Ehlers & Associates and to Finance Director Kristen Schabacker for the fantastic job they do each year on the sales of these bonds. Councilmember Duggan moved to adopt RESOLUTION 2015-85 PROVIDING FOR THE ISSUANCE AND SALE OF $1,200,000 GENERAL OBLIGATION BONDS, SERIES 2015A, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF. Councilmember Petschel seconded the motion Ayes: 4 Nays: 0 Absent: Councilmember Petschel moved to adopt RESOLUTION 2015-86 PROVIDING FOR THE ISSUANCE AND SALE OF $1,475,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015B AND PLEDGING FOR THE SECURITY THEREOF LEVYING A TAX FOR THE PAYMENT THEREOF. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Councilmember Duggan moved to adopt RESOLUTION 2015-87 PROVIDING FOR THE ISSUANCE AND SALE OF $1,995,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015C AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: page 8 B) RESOLUTION 2015-84, VARIANCE AT 1440 NORTHLAND DRIVE, PLANNING CASE 2015-38 Planner Nolan Wall explained that the applicant requested a variance to erect a freestanding monument sign within the required setback at 1440 Northland Drive. The subject property contains three separate parcels with three separate buildings connected by skyways. Two of the buildings are addressed as 1440 Northland Drive and the other is addressed as 1444 Northland Drive. Historically the property was developed for one user but is now occupied by multiple tenants. Prime Therapeutics recently leased office space at this location and is requesting the monument sign. In 1979 there was a 10-foot setback variance that was granted for a pylon sign in approximately the same location being proposed; however, that pylon sign has since been removed. This application was reviewed as a new request based on the existing code provisions. As proposed, the freestanding monument sign would be the only sign on the parcel and would meet the required size, height, and driveway and parking area setback standards. The proposed variance is for a 2-foot setback from the property boundary line. Planner Wall explained the three standards of review for a variance request and shared how this request satisfies those standards. He also shared images of the property, the proposed sign location, the driveway, and the parking area. Staff reviewed and confirmed that the sign location would not impede sight lines for traffic wishing to make a left-hand turn. The applicant and staff reviewed alternatives and each were rejected for various and valid reasons. Councilmember Duggan moved to adopt RESOLUTION 2015-84 APPROVING A VARIANCE AT 1440 NORTHLAND DRIVE. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: C) UPDATE ON METROPOLITAN COUNCIL 2015 SYSTEM STATEMENT Planner Nolan Wall noted that staff recently received the Metropolitan Council's system statement for the City of Mendota Heights. Staff requested that the Council review the statement and provide comments. The Metropolitan Council recently adopted Thrive MSP 2040, which is their regional planning document. As a result of that they updated regional system and policy plans, which includes transportation, regional parks, water resources, and housing. As a result, the Met Council then issued those system statements to each municipality in order to show how those regional plans affect those jurisdictions. The distribution of the system statement triggers the timeline for updating the Comprehensive Plan, which is due by December 31, 2018. Planner Wall briefly summarized the information included in the system statement: • Forecasts chart for population, households, and employment in the City page 9 • Housing Policy document, includes regional and local need for low and moderate income housing • Transportation Policy summarizes significant changes to those systems and identifies regionally- significant transportation investments • Water Resources Policy; the Comprehensive Plan would need to address inflow/infiltration issues, wastewater service needs, and include the Local Surface Water Management and Water Supply plans • Regional Parks Policy; there are over 60 parks, preserves and special recreation areas and over 340 miles of trails o Fort Snelling State Park, Big Rivers Regional Trail, River-to-River Greenway Trail, and Mendota-Lebanon Greenway Trail must be address in the City's Comprehensive Plan Councilmembers had questions and made comments regarding how many people work in Mendota Heights, population growth versus the number of households, high-density residential designation, the fact that nothing in the transportation policy addresses an east/west investment for transit, and other comments to be passed along. Staff stated that they would prepare a letter describing the Counci]'s concenrs, to be forwarded to the Metropolitan Council. COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • Winter parking rules are in effect from November 1 through March 31 St. Residents cannot park on residential streets or in streets from 2:00 to 6:00 a.m. Also, parking is limited to no mare than 30 minutes during a snow fall of two-plus inches. • Residents are encouraged to adopt-a-hydrant and keep it clear of snow. • Tickets are still available far the Firefighters Dance taking place on November 13. COUNCIL COMMENTS Councilmember Petschel commented that the NOC [Noise Oversight Committee] met with members of a French Airport Noise group, which was responsible for noise oversight for all of the airports in France. There was an exchange of information regarding remediating noise, air traffic control, the definition of remediation, development of a noise model, penalties, and the threat of area navigation on the departures. NeXt week she will be going to a meeting for community input on the process for choosing a new executive director at the airport. She also noted that the University of St. Thomas won their football game this past Saturday and is ranked #5 in the nation. Also, St. Thomas Academy had a nice football win against North St. Paul. Councilmember Duggan noted that the Fresh & Natural Foods grand opening will be held on November 4 at 10:30 a.m. He encouraged residents to check out the store. page 10 He also encouraged citizens to show their appreciation for the Fire Department and attend the dance which is to be held on November 13th. Mayor Krebsbach encouraged residents to attend the ribbon cutting on November 4 for Fresh & Natural Foods. She also noted that the Dakota County University of Minnesota Alumni Chapter is having a lecture series, which they do every fall. This year there is one on November 5 at 7:00 p.m. at Mendota Heights City Hall. A meteorologist from the university is speaking on climate change. Mayor Krebsbach noted two events taking place before the next Council meeting: • Veterans Day on Wednesday, November 11. City offices will be closed. • Visitation and Funeral for Officer Jerry Murphy on November Sth and 6tn ADJOURN Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Mayor Krebsbach adjourned the meeting at 9:13 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Workshop Meeting Joint Meeting with the Planning Commission Held Thursday, October 29, 2015 Pursuant to due call and notice thereof, a workshop meeting of the City Council, City of Mendota Heights, Minnesota was held at 5:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 5:00p.m. Councilmembers present included Norton, Petschel, Povolny.Councilmember Duggan was absent. Planning Commission members present included Costello, Field, Hennes, Noonan, and Roston. Magnuson arrived at 5:15 p.m. Planning Commission member Ansis Viksnins was absent. Also Present: City Administrator Mark McNeill,Assistant to the City Administrator Tammy Schutta,Planner Nolan Wall, City Clerk Lorri Smith, Phil Carlson representing Stantec, Boston Weir representing Cushman-Wakefield. MENDOTA HEIGHTS INDUSTRIAL DISTRICT Planner Wall introduced consultants Phil CarlsonofStantec, and Boston Weir representing Cushman-Wakefield. Funded bya grant from the Dakota County Community Development Agency (CDA) for an Industrial District Redevelopment Area Plan, a planning processwas to be developed by City staff, in conjunction with Stantec and real estate sub consultantsfrom Cushman-Wakefield, which wouldidentify strengths and weaknesses, and develop a vision for the District’s future. In order to better understand the characteristics and patterns withinthe District, areport was presented to the Councilmembers and the Planning Commissioners. The report explainedthe purposeof the District, regulationsand permitted uses, conditional uses, parcel size, building and tenant types, land values, and the future outlook for the Industrial District. A team of real estate specialists from Cushman-Wakefield developed a series of market snapshots for Mendota Heights and the region. These snapshots illustratedthe strength of the region and improvements to the local economy. It was noted that the industrial market is strong, both regionally and nationally. A survey was taken of the owners, tenants, and property managers in the District, regardingtheir thoughts of the strengths andweaknesses of the District. Strengths noted included location, amount of green space, and quality of city services. Weaknesses noted included lack of amenities and retail services, lack of space for physical growth, and airport and trafficnoise. page 12 The consultants said that they will summarize the comments made at this meeting, and provide those to the City Council. UPDATE ON METROPOLITAN COUNCIL SYSTEM STATEMENT This item will be held over until the next City Council meeting. r_�r�r�lij:�u► i���� There being no further business, Mayor Krebsbach adjourned the meeting at 6:51 PM. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk � T � m DATE: TO: FROM: SUBJECT: BACKGROUND page 13 11C1 Vict9r�a Curve , Menduta I-���cnts. MN ��118 651.452.1&50 phone I 651-452 2940 f�,x � www.mendota-heights.com _ CITY OF MENf7�TA HEf�HT� November 17, 2015 Mayor, City Council and City Administrator Nolan Wall, AICP Planner Resolution Approving Joint Powers Agreement for Waste Abatement Community Funding with Dakota County As part of the 2016 Waste Abatement Community Funding program through Dakota County, the following items are attached for review: 1. Resolution 2015-88 2. Joint Powers Agreement 3. 2016 Community Funding Applicaiion We are again requesting the maximum allowable funding in 2016. The amount allocated to the City of Mendota Heights is $16,000. Work plan goals for 20l 6 include the following: 1. Attendance at local solid waste group meetings. 2. Monthly recycling tips for all Ciry employees to promote waste reduction in all facilities. 3. Newsletter articles in the Heights Highlights regarding recycling options. 4. Spring Clean-Up event. 5. Social media postings and information regarding recycling opportunities to residents. 6. Organics and recycling collection at the Parks Celebration. 7. Holiday lights recycling collection at City Hall. 8. Purchase of on-course recycling containers for the Par 3. The majority of the budget is for administrative costs to carry out the work plan. Other expenditures include the spring clean-up, printing, and postage. BUDGETIMPACT The 2016 proposed budgei includes funding for recycling events as identified in the attached materials. RECOMMENDATION Staff recommends that the City Council pass a motion adopting RESOLUTION 2015-88 APPROVING THE JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF MENDOTA HEIGHTS FOR 2016 WASTE ABATEMENT COMMUNITY FUNDING. This matter requires a simple majoriry vote. page 14 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2015-88 RESOLUTION APPROVING THE JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF MENDOTA HEIGHTS FOR 2015 WASTE ABATEMENT COMMUNITY FUNDING WHEREAS, the Minnesota State Legislature has mandated that communities in the metropolitan area implement recycling programs in order to reduce the volume of waste being taken for burial in landfills; and WHEREAS, Dakota County has adopted a solid waste master plan which sets goals and targets for the accomplishment of solid waste recycling in each community in the county; and WHEREAS, Dakota County provides the local communities with grant funding for implementation and maintenance of local community recycling programs; and WHEREAS, the City of Mendota Heights has participated faithfully and successfully in the Community Landfill Abatement Program from 1989 to 2015 and will continue to participate in 2016. NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights does hereby approve the Joint Powers Agreement for 2016 Waste Abatement Community Funding. Adopted by the City Council of the City of Mendota Heights this seventeenth day of November 2015. ATTEST Lorri Smith, City Clerk CITY COUNCIL CITY OF MENODTA HEIGHTS Sandra Krebsbach, Mayor page 15 JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF MENDOTA HEIGHTS FOR 2016 WASTE ABATEMENT COMMUNITY FUNDING This Agreement is between Dakota County (County) and the City of Mendota Heights (Municipality). WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the County of Dakota (County) and the cities and the Rural Solid Waste Commission (RSWC) are governmental units as that term is defined in Minn. Stat. § 471.59; and WHEREAS, Metropolitan counties are responsible for waste management policy and programs (Minn. Stat. §115A.551); and WHEREAS, counties may require local cities and townships to develop and implement programs, practices, or methods designed to meet waste abatement goals (Minn. Stat. §115A.551); and WHEREAS, Dakota County Solid Waste Ordinance 110 requires each municipality in the County to have a solid waste abatement program that is consistent with the Dakota County Solid Waste Master Plan (Master Plan); and WHEREAS; by Resolution 12-154 (March 27, 2012), the Master Plan (Master Plan) was adopted by the County Board of Commissioners, and was subsequently approved by the Minnesota Pollution Control Agency on May 24, 2012; and WHEREAS, the Master Plan includes multiple strategies to enhance and leverage resources to help the County meet waste management objectives; and WHEREAS, the Master Plan identifies performance-based funding for Municipalities to develop and implement waste abatement programs, education, and outreach; and WHEREAS, community funding and waste tire activity amounts are established by the County Board each year as part of the Environmental Resources Department (Department) budget; and WHEREAS, by Board Resolution #15-428, the County Board approved 2016 community funding as presented to the Physical Development Committee of the Whole on August 18, 2015, contingent upon the availability of funds and subject to funding levels approved by the County Board as part of the 2016 budget; and WHEREAS, the Program continues responsibilities to increase curbside recycling, promote The Recycling Zone services, develop municipality-wide diversion metrics and implement recycling in public gathering areas; and WHEREAS, new Program responsibilities include reporting documented waste tonnages and developing a plan for organics diversion in 2017 for municipality-owned/operated buildings; and WHEREAS, the RSWC has an additional responsibility for waste tire activities for residents in rural Dakota County; and WHEREAS, County responsibilities include providing messages, images, terminology, best practices templates, infrastructure, providing hauler report data and developing resources for organics diversion as a 2017 priority issue; and page 16 WHEREAS, separate Joint Powers Agreements with cities and the Rural Solid Waste Commission identify community and County responsibilities and fund allocations. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and cities/Rural Solid Waste Commission shall derive from this Agreement, the County and City of Mendota Heights hereby enter into this Agreement for the purposes stated herein. SECTION 1 PURPOSE The purpose of this Agreement is to provide for cooperation and funding between the County and the Municipality for the implementation and operation of a local comprehensive landfill abatement program by the Municipality in accordance with this Joint Powers Agreement and the 2016 Dakota County Community Funding Application Packet (attached and incorporated herein as Exhibit 1) that is submitted by the Municipality. SECTION 2 PARTIES The parties to this Agreement are the County of Dakota, Minnesota and the City of Mendota Heights (Municipality). SECTION 3 TERM Notwithstanding the dates of the signatures of the parties, this Agreement shall be in effect January 1, 2016, and shall continue in effect until December 31, 2016, or until termination in accordance with the provisions herein. This Agreement may be amended in accordance with Section 12 and incorporation of subsequent years' approved funding application packet. SECTION 4 COOPERATION The County and the Municipality agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. SECTION 5 PROGRAM 5.1 PROGRAM PURPOSE. The Dakota County Board of Commissioners adopted the 2012-2030 Solid Waste Master Plan (Master Plan) on March 27, 2012, as required, to implement the Minnesota Pollution Control Agency's (MPCA) 2010-2030 Metropolitan Solid Waste Management Policy Plan. The Master Plan identifies performance-based funding for Municipalities to develop and implement waste abatement programs, education, and outreach. The Community Funding Program's primary purposes are to: ensure that residents have the opportunity to recycle; and to develop, implement, and maintain projects, programs, practices, and methods to meet waste abatement objectives as described in the Master Plan. The Community Funding Program supports the County's efforts for broad-based education and implementation of local programs and projects for waste reduction, reuse, recycling, hazardous waste management, and organics diversion as described in the Master Plan. 5.2 ELIGIBILITY. Eligible Municipalities include all cities in Dakota County and the Rural Solid Waste Commission (RSWC) representing the 13 townships, and six small cities in rural Dakota County. page 17 5.3 ANNUAL APPLICATION, WORK PLAN AND BUDGET. Annually, each Municipality shall submit an Application, Work Plan, and itemized budget breakdown for each funding activity to the Department by the due date specified in writing by the Department and on forms provided by the Department. Public entities have statutory obligations for waste management that are more restrictive than obligations of the private sector. The Application requires communities to identify the status of compliance during this funding period. If not in compliance, communities must identify a timeline and steps being taken to comply. Referenced statutes include: MN Stat. 115A.151 (internal operations recycling); MN Stat. 115A.552 (programs to meet the County's recycling goal); MN Stat. 115A.552 (providing the opportunity to recycle); and MN Stat. 473.848 and 115A.471 (internal waste management).The Work Plan shall include a description of annual waste abatement and Priority Issue Program activities and actions, completion date, and methods for qualitative and quantitative measurement for each education/outreach and project/program activity. 5.4 IMPLEMENTATION. The Municipality shall develop, implement, and operate a local comprehensive landfill abatement program that complies with the Master Plan, Dakota County Solid Waste Ordinance 110 and Exhibit 1. [For RSWC only 5.41 COMPLIANCE WITH LAWS/STANDARDS. If a waste tire collection event is conducted, the RSWC shall abide by all federal, state, or local laws, statutes, ordinances, rules and regulations, including management of the waste tires collected.] 5.5 RECYCLING. Municipalities must ensure the opportunity to recycle exists for all residents and businesses. Municipalities must develop and implement programs to increase residential recycling, including at least bi-weekly curbside recyclables collection for single family and multi-family homes. Recyclables collected must include: plastic containers; three colors of glass; metal; and paper. In 2016, municipalities must continue planning to implement community-wide organics diversion. Recycling must be available for city employees. Municipalities must also ensure recycling opportunities exist in public spaces that the municipality has control over including, parks, community centers and city-sponsored events. 5.6 PRIORITY ISSUE PROGRAM. The County, with input from Local Solid Waste Staff, develops a Priority Issue Program to accomplish during the multi-year Master Plan reporting cycle. For 2016, the Priority Issue will continue to be to increase recycling by expanding the opportunity to recycle for public gatherings, including at city-sponsored events, parks and non-administrative facilities (e.g., community centers): o Recycling collection is offered in municipality-owned non-administrative facilities (e.g., community centers). o Recycling collection is offered in park shelters and along major trails as well as applicable public gathering areas. o Recycling collection is offered at city-sponsored events. o Park, event, public gathering areas and internal recycling and trash collection containers are identified with color-coded signs/labels consistent with the County template. o Residents and applicable coordinators/staff are educated about recycling in parks, public gathering areas and events. o Previous year data is submitted to Department staff for recycling, organics (if applicable), and trash in public spaces to ensure recycling is occurring. o Education of municipal staff and public space visitors about what to recycle and general recycling efforts. Department staff will identify effective strategies and provide newly-developed materials for municipalities to implement the Priority Issue Program. For 2017-2020, the Priority Issue is focused on organics diversion and multi-family recycling. This is subject to change pending Legislation or County strategic planning. 5.8 PERFORMANCE. The County will evaluate the Municipality's perFormance pursuant to the criteria set forth in this Section. A Performance Scorecard for each Municipality will be used by Department staff for a page 18 qualitative analysis of municipal programs and activities. The Scorecard is developed annually by Department staff with input from LSWS. The Scorecard will be used to create the Work Plan. The Master Plan identifies numeric objectives for waste reduction, recycling, organics recovery, resource recovery, and land disposal in five-year increments. Each Municipality's program must be designed to support the Master Plan objectives, as demonstrated cumulatively through annual reporting. Master Plan Objectives 2015 2020 2025 2030 Reduction & Reuse 1-2% 2-4% 3-5% 4-6% Rec clin 45-48% 47-51 % 49-54% 54-60% Organics Recovery 3-6% 4-8% 6-12% 9-15% Resource Recover 32-34% 32-33% 30-31 % 24-28% Land Disposal ceilin 20% 17% 15% 9% Monthly updates and metrics must be submitted to the Department for communication activities (e.g., newspaper readership for paid advertising). In preparation for the annual report, it is recommended that monthly or quarterly metrics are also submitted to the Department for waste, recycling and organics (if applicable) tonnages and resulting recycling rate for: o City-sponsored events o Parks o Municipally-owned buildings Continuing in 2016, the County will provide recycling and waste data gathered from hauler reports to assist each Municipality in identifying a quantitative waste diversion baseline for the community as a whole, and annual community diversion goals to help meet the Master Plan objectives. 5.9 ANNUAL REPORT. By February 15, 2016, the Municipality shall submit its Annual Report for the year 2015, in the form prescribed by the County. The Annual Report is a measure of the Municipality's performance of the activities identified in the Application Packet and described in Section 5.8. [For RSWC only: The Annual Report shall include the waste tire management activities and metrics. If a waste tire collection event is conducted, the Annual Report shall identify the location, hauling and disposal costs, and number of tires collected.] Changes in any funding amounts submitted in the Application must be identified in the Annual Report. SECTION 6 FUNDING 6.1 FUNDING AMOUNT. Communities receive perFormance-based funding in part from pass-through grants from the State. Funding amounts are contingent upon available State and County funds, and reflect the funding levels presented to the County Board as part of the annual budget. The 2016 funding for the Municipality shall be in the total amount not to exceed $16,000, as set forth in Exhibit 1, Section V. [For RSWC only: 6.12 WASTE TIRE MANAGEMENT FUNDING. Dakota County shall pay the RSWC an amount not to exceed $11,040 for waste tire management in 2016 for rural Dakota County residents.] 6.2 FUNDING PAYMENT. Contingent upon receipt (by February 15, 2016) and approval by Department staff of the Municipality's Annual Report for the funding year 2015, the County will pay the Municipality the funding amount set forth in paragraph 6.1 above for 2016. Payment will be made in one installment within 30 days of receipt of the Application and Annual Report receipt. Municipalities with a complete Application and an approved Annual Report receive 100% payment for eligible expenses. 6.3 ELIGIBLE EXPENSES. Municipalities may use allocated funds only on eligible items as described below. Eligible expenses are for recycling projects/programs and education and outreach; priority issue page 19 activities; [for RSWC only: waste tire management education and, if necessary, a waste tire collection event] and include: 6.3.1 Administration a) Salary and benefits of personnel, full-time and temporary, and consultant services while working directly on the planning, implementing, and promoting of eligible activities. b) Matching funds for other related grants consistent with this program (except for MPCA grants). c) Subscriptions, memberships, and training (not including out-of-state travel or lodging) necessary for eligible activities. d) Data collection and evaluation for effectiveness, efficiency, and responsiveness of landfill abatement activities. e) Oversight of municipality solid waste policy, ordinance and contracts related to landfill diversion. f) Design and implementation of projects and programs to enhance residential curbside collection programs, park and public gathering area recycling. g) Other expenses with prior written approval from the Department. 6.3.2 Education and Outreach a) Production and dissemination of education information to increase awareness and participation in recycling programs [for RSWC only: including for waste tire management]. b) Promotional items (bags, water bottles, t-shirts, etc.) with Department-approved message and logo. c) Education materials for municipal employees, such as signs, trainings and mass communication. d) Other expenses with prior written approval of the Department. 6.3.3 Eligible Expenses Specific to Priority Issue [for RSWC only: and Waste Tire Management] a) Containers for parks, events, and non-administrative municipality-owned buildings. b) Special event displays and signage. c) Bin recycling/organics/waste labels and signs for park, arena, community center and event containers. d) Permanent or reusable banners and posters for buildings, parks and events. e) Services related to recycling and organics material management at public events using County- defined best management practices. f) [For RSWC only: Hauling and disposal of waste tires collected at a waste tire collection event for rural Dakota County residents.] g) Other expenses with prior written approval from the Department. 6.3.4Non-eligible expenses include: a) Expenses related to non-waste abatement waste issues (e.g., energy, water) b) Waste collection, transportation or management (i.e., reuse, recycle, disposal), except as provided for in Section 6.3.3(e) c) Food or refreshments, unless approved by the Department as compliant with Dakota County policy 1560. Questions about an eligible expense should be directed to Department staff. 6.4 FUNDING PAYMENT ADJUSTMENTS. The Dakota County Physical Development Director shall have the authority to approve modifications to the Funding Amount as requested by the Municipality in the Application, as long as the amount payable under this Agreement does not exceed the amount approved by the Dakota County Board of Commissioners and so long as the proposed modifications are consistent with Exhibit 1. Municipalities must expend the community fund by the end of the calendar year, unless prior written approval is received from the Department. Municipalities must return unspent funds (the difference between the amount of funds provided and the amount a Municipality reports as expended) and must return funds if expenditures or activities that are determined by Department staff as not consistent with the Application and Work Plan. page 20 6.5 FUNDING SOURCE ACKNOWLEDGEMENT. All community printed public education/communication materials shall credit the Dakota County Board of Commissioners and the Minnesota Pollution Control Agency as funding sources. Any use of the Dakota County logo and Dakota County website references must use style guidelines as prescribed by the Dakota County Communications Department. SECTION 7 RESPONSIBILITIES OF THE PARTIES 7.1 The County, through its Environmental Resources Department, shall include the following responsibilities under this Agreement: • Administer Community Funding Program through this Joint Powers Agreement. • Develop and provide annual templates for the Application, Work Plan/Annual Report and Performance Scorecard. • Provide technical assistance for each Municipality to apply, plan for, and report on work efforts. • Develop and complete a Performance Scorecard for each Municipality. • Provide messages (e.g., for print pieces and electronic media), templates, and images for use in community education and outreach efforts for waste abatement and for the Recycling Zone. • Provide preferred terminology based on Regionally-approved language. • Ensure municipalities are familiar with and have access to all new materials in multiple ways, including electronically. • Provide equivalent support (e.g., technical assistance, messages, templates, images, materials) for the Priority Issue Program. • Develop and maintain waste management information on the County website. • Provide effective strategies, best practice approaches and infrastructure support (e.g., containers, labels, among others) for Municipalities to implement the Priority Issue Program. • Provide community waste and recycling hauling data based on hauler reports. • Evaluate Municipality performance. • Allocate, manage and distribute funds. 7.2 The Municipality shall include the following responsibilities under this Agreement: • Develop, implement, and maintain a comprehensive landfill abatement program. • Ensure the opportunity to recycle exists for residents and businesses in the Municipality. • Ensure curbside recycling services are provided for all single- and multi-family residents. • Designate a Municipality Liaison responsible for Community Funding Program implementation. • Ensure the Municipality Liaison or designee attends at least four out of six Municipality/County meetings each year. • Develop and submit an annual Application, Work Plan and itemized budget. • Conduct waste abatement education for Municipal operations. • Develop and submit an Annual Report to the Department. • Follow the Dakota County style guidelines for logo and website references, and use terminology and images developed by the Department. • Ensure Municipality website content for recycling and household hazardous waste link to the respective Dakota County web pages. • Develop and distribute at least one written communication to every new and existing household about recycling [for RSWC only: including waste tire management], waste reduction and/or reuse. • Develop and report quantitative and qualitative measurements for each communication and outreach activity, waste abatement project/program activity and event. • Except for municipalities with 1,000 housing units or less, implement at least four additional education activities from a menu of options developed by the Department. • Develop and distribute at least one written communication to every new and existing household about The Recycling Zone services. • Submit all print materials to the Department for review prior to distribution. page 21 • Provide funding source credit from the Dakota County Board of Commissioners and the Minnesota Pollution Control Agency in all printed materials. • Coordinate with Department staff to identify a quantitative waste diversion baseline and annual goal. • Develop and implement collection events of materials to be recycled. • Develop and implement projects and programs to increase residential recycling. • Implement planning for community-wide organics diversion. • Ensure recycling opportunities exist in public spaces owned and/or managed by Municipality. • Establish a recycling rate goal and report tonnages and recycling rates for municipality-owned and/or operated facilities. • Develop municipality-wide diversion metrics. • Complete Priority Issue Program for public gathering areas: o Coordinate with stakeholders to identify opportunities and improvements for recycling in public gathering areas, including parks and non-administrative buildings (e.g., community centers).Expand or initiate collection of recyclables and/or organics at special events and other away-from-home locations. o Ensure all trash, recycling and organics containers for parks, public gathering areas and events have consistent messages, images and colors, and follow best practices, as defined by the Department. o Provide education materials to Municipality employees such as signs, trainings and mass communication to implement the Priority Issue. • Report quantitative measurements for recycling, organics (if applicable), and trash for public spaces, internal operations, and city-sponsored events. SECTION 8 PROPERTY Upon termination of this Agreement, any containers, labels and/or necessary infrastructure purchased by the County and provided to the participating Municipality shall be the sole property of the Municipality. SECTION 9 INDEMNIFICATION 9.1 IN GENERAL. Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. 9.2 LIMITATIONS. The provisions of Minn. Stat. § 471.59, the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the County and the Municipality 9.3 SURVIVORSHIP. The provisions of this Section shall survive the expiration or termination of this Agreement. SECTION 10 AUTHORIZED REPRESENTATIVES AND LIAISONS 10.1 AUTHORIZED REPRESENTATIVES: The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. TO THE COUNTY Steve Mielke, Director (or successor) Physical Development Division Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE MUNICIPALITY successor) page 22 Mayor (or In addition, notification to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. 10.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the Municipality. The County and the Municipality shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison: Jenny Kedward Telephone: (952) 891-7043 Email: jenny.kedward@co.dakota.mn.us Municipality Liaison: Name: _ Telephone: Email: SECTION 11 TERMINATION 11.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days' written notice or without cause by giving thirty (30) days' written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 11.2 TERMINATION BY COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the County to the Municipality by email or facsimile is sufficient notice under this section. The County is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. SECTION 12 MODIFICATIONS page 23 Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties' respective Boards, and signed by the Authorized Representatives of the County and the Municipality. SECTION 13 MINNESOTA LAW TO GOVERN This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the County of Dakota, State of Minnesota. SECTION 14 MERGER This Agreement is the final expression of the Agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. SECTION 15 SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. COUNTY OF DAKOTA COUNTY Georg Fischer, Director Environmental Resources Department Date of Signature: CITY OF Date of Signature: Attest Date of Signature: APPROVED AS TO FORM: Assistant County Attorney/Date -15- County Board Res. No. 15- , Mayor page 24 Dakota County, Physical Development Division Environmental Resources Department Jenny Kedward, 952-891-7043 �� �1��y� <�c'war � �,-� � Application process: Joan Kowski, 952-891-7965, C O U N T Y ;�: �, ��. Mendota Heights 2016 Dakota County Community Funding Application Packet Application Packet and JPA Submittal Due Date: November 30, 2015 Funding Period: January 1, 2016 - December 31, 2016 2016 ANNUAL REPORT DUE DATE February 15, 2016 Date Application Submitted , 2015 Submit completed Application Packet by: 1. Uploading to the Dakota County Local Solid Waste Staff (LSWS) SharePoint web site URL: !��t��s:/,Ae,;�rGnet.co.dal<oi�.mr�.��s/siiesllsvws 2. Sending electronicallyto ie�nvJ<edward@co.dakota.m�,.�.�s 3. Mail to: Jenny Kedward �akota County Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 Main Contact for Municipality Designated Liaison: Nolan Wall Title: City Planner E-maiL• , Phone: 651-255-1142 Mailing Address: 1101 Victoria Curve City/State/Zip: Mendota Heights, MN 55118 Secondary Contact for Municipality Asst. to the City Admin./HR Designated Back-up: Tamara Schutta Title: Coordinator E-maiL• Phone: 651-452-1850 Communications contact (if applicable) Name: Title: E-mail: Phone: Main Park Contact for Priority Issue (if applicable) Name: Title: E-mail: Phone: Municipality: Mendota Heights Funding Year: 2016 page 25 List of documents and information required as part of the Joint Powers Agreement for Community Funding. 1. Copy of the Official Resolution or Minutes of the Proceedings Attach an official action from the governing body (e.g., City Council or Commission) requesting the funding allocation OR a certified copy of the official proceedings of the governing body approving the funding allocation. 2. Work Plan Complete the Work Plan (below) that includes recycling rate goals, activities, timeline, deliverables and anticipated measurements. 3. Requested Budget Fill in the summary below and attach an itemized budget in Part V. Fund Request County Fund Eligibility Admin, Outreach/Education, Priority Issue $16,000 $16,000 Waste Tire Activities (RSWC Onlv) TOTAL �� $16,000 �� $16,000 4. Compliance with Public Entity Laws Yes No* MN Stat. 115A.151 (internal recycling programs for facilities X under the municipality's control) MN Stat. 115A.552 (community recycling programs in place) X MN Stat. 115A.552 (residents have the opportunity to recycle) X MN Stat. 473.848 and 115A.471 (management of solid waste X collected under contract from municipal operations) *If no, identify the timeline and steps being taken to obtain compliance. The City is working with Dakota County to order and place new recycling bins in certain parks that are lacking. I certify that this 2016 Community Funding Application Packet was prepared under my direction or supervision, and that the information is true, accurate, and complete to the best of my knowledge. I certify that a 2016 Annual Report demonstrating compliance with this application will be submitted to the Department by February 15, 2017. Name of person completing document Signature (electronic signature acceptable) Title Date page 26 2016 Work Plan/Annual Report I. Administration and Internal Recycling � ���+I S�l�� IlEl�as�ca s�-�€g �r.�'�?��� �?������.s GOAL: Open communications to share activities and results between County and Municipal staff. The municipality's designated Municipality Liaison must plan to attend at least FOUR out of the following six LSWS meetings per year. REPORT: When submitting the Annual Report, check each box next to the meetings attended. � . �. - ❑ January 14 ❑ July 14 ❑ March 10 ❑ September 8 ❑ May 12 ❑ November 10 Internal Recycling Rates GOAL: Show compliance with MN Stat 115A.151 to maintain recycling program for facilities under the municipality's control. Also, communicate effectiveness of waste diversion activities in municipal operations to County. List each building the municipality owns and/or operates and the recycling rate goal for each. REPORT: At the end of 2016, a recycling rate will be required for report submission. This can be obtained by asking your hauler what the trash and recycling tonnages were for each building. It is suggested to keep track of this information monthly or quarterly. Work with your municipal representative that handles contracts and/or invoices from the hauler. *Recycling rate = recycling weight /(recycling weight + wpste weightJ NOTE: to add more rows, click in the last box in the table and hit the TAB key. page 27 l�a�����o��� ��� ��°1���� ������a�a�� c����$ k4�ae�p��i�� GOAL: Promote recycling and waste reduction in the municipality's administrative buildings to help reach recycling rate goal. List the activity, general message, date and type of ineasurement (e.g., attendees at a presentation, number of labels placed on bins) for each internal outreach activity. REPORT: Update the table with actual measurement in last column when submitting the annual report. � ���'n ° "� � , ;.��'�i�; i,���j ��:al s u�`'4 '�f�1�4 i�n , � . � q � o-P-�.��_�vu � o = • ... .� ' • k_'��.� �` "� ' Example: Presentation at Parks Dept. staff � 3/14/16 Number of 21 attendees meeting attendees (84% of staff) Employees w/ Intranet postings Monthly access to the � site Order/place new recycling bins I 2016 # of new bins II. Outreach and Education ��`,�}��:�k�� ��Aa��'�r�� GOAL: Consistent recycling and waste abatement messaging throughout the County. 0 I verify that all information on the municipal website regarding solid waste reduction, reuse, recycling, organics diversion and household hazardous waste links to applicable County webpages. Rec�u��ed ��rrrrr��€r�ic�t�o�r GOAL: Inform residents about curbside recycling opportunities and household hazardous waste services at The Recycling Zone. Each municipality is required to produce at least one written communication to every new and existing household for each of the following topics: • Curbside recycling • The Recycling Zone services List the outreach method, general message, date produced and type of ineasurement (e.g., number of newsletters distributed) for each activity. REPORT: Update the table with actual measurement when submitting the annual report. Example: City newsletter identifies curbside recyding materials Newsletter articles 9/1/16 Readership 1 page of newsletter 13,853 residents , 10 new residents Quarterly I Readership ��,�� ��:�f��� �����u �_���� �`��rc�� � , �r������r��E;�c�� ��lY'� Required of the Rural Solid Waste Commission and communities with over 1,000 households. GOAL: Education to increase recycling and waste reduction. f� page 28 Each municipality must complete at least FOUR eligible educational activities not covered in the above tables. Suggestions are listed below but other activities may be approved by Department. List the type of ineasurement (e.g., attendees to a presentation, number of articles published). REPORT: Update the table with actual measurements when submitting the annual report. Example: Host a booth at the annual Arbor Day Event Spring Clean-up event Social media postings Sewer bill message What to recycle curbside Recycling event Recycling options and information Recycling options and information 5/5/16 Event attendance 60 attendees May Event 2016 attendance Monthly Social media followers Summer Residents 2016 billed Park Celebration Organics June Attendees collection I 2016 +� _ t, '�� �; � �: r�� �v : t:,r�;-�< rn the last box in the i��le ar8�` hri t�lre TAB key. Eligible Educational Activities • Sponsor an event for Earth Day, America Recycles Day or Pollution Prevention Week • Coordinate an event for a school(s)about recycling, waste reduction or HHW • Distribute an additional printed outreach piece about recycling or waste reduction • Presentation/activity to community group (minimum 10 attendees) • Staff a booth at a community event with waste abatement information (minimum 50 attendees) • Post social media messages (posts must be at least monthly) • Other educational activity as approved by Department staff as part of the work plan meeting �5�� �,��`��It�6�l�f" ,�-`�����7����i�9�� ��I� �'��^l"'��e��`;; GOAL: Increase residential recycling in Dakota County. Each municipality must develop programs to increase residential recycling. Use the table to list events and activities where materials are collected to be recycled or reused (not disposal). Activities that do not fit into the table requirements should be listed in the narrative below the table. REPORT: Update the table with actual measurements when submitting the annual report. Update the event/activity narrative with activity outcomes and describe efforts completed and actions in the 2017 waste planning narrative. ��l��c�f�� ������� a�' �'���������� List the event or activity, date conducted, how it was promoted and the type of ineasurement (e.g., attendees to an event, weight or volume of material collected). Event promotion may also be used in residential outreach and education (above) if the activity also communicates general recycling, waste page 29 reduction and reuse knowledge. Activities that are not associated with a date should be described in the narrative question. Example: "Recycle Your Holiday 12/1/15- Facebook posts Pounds of lights 471bs. of string lights Lights" drop-off at Burnsville Ice 1/31/16 Website collected Center Newsletter article 11/15/15 Social media, Pounds of Recycle Your Holidays _ 2�5/16 newsletter, lights website collected Social media, Pounds of Spring Clean-up event 2�16 newsletter, material website collected , NOTE: to add another row, click in the last box of the table and press TAB. NARRATIVE: Describe other waste abatement activities and/or program development conducted by municipality, such as managing bulky waste. Waste Abatement Planning 1. Describe efforts to identify a quantitative waste diversion baseline and annual goal for your municipality (e.g., pounds recycled per household). Work with the County to develop and implement a process to collect and analyze data. �_ �� i � _ � - ��' � rxl��� . I . _ . �'�� �� �[,i � _. Work with the County to develop and implement a process to collect and analyze data. We are looking into a drop-off for organics. We also plan to collect organics at some city-sponsored events. 3. Describe what actions will be taken and an estimated timeline to implement organics collection at city-owned/operated buildings, beginning in 2017. List city administrative buildings and the types of areas within each building that have potential for organics diversion (e.g., break rooms, kitchens). Work with the County to develop and implement a process to collect and analyze data. Assess breakrooms/kitchens and work with haulers to determine pricing for collection. page 30 11°�� ���orifiy Issue: Public Space Reeyeli�� GOAL: Provide consistent recycling opportunities for public gathering areas, including parks, public areas, events and in municipally-owned non-administrative buildings. Municipalities must coordinate to offer recycling in public areas by the end of 2016. REPORT: Fill in the 2016 Report columns with actual diversion measurements. Parks and public non-administrative buildings *Recycling rate = recycling weight /(recycling weight + trash weightJ What will you need to complete the BMPs for each of these parks in 2016? Work with the County to order and place new bins and analyze other park facilities for BMPs. City-sponsored events 2016 REPORT Weights Recycling, (recycling, Waste Date(s) Estimated Organics, organics, diversion Name of Event of event Attendance or both? Event location trash), Ibs rate* (%) Parks Celebration �une Unknown Both Mendakota Park 2016 *Waste diversion rate =(recycling weight + organics weight) /(recycling weight + organics weight + trash weighti What will you need to complete the BMPs for each of these events in 2016? Work with the County to obtain the appropriate collection facilities. page 31 11a ���� ��rr�r���ll���� �a������� ������� ��¢� ������� ��r� Municipalities must enter estimated costs per line item based on the total community allocation. LNIF allocations are identified separately. Please list all municipality contributions (i.e., financial, staffing, other). Use another table if necessary. Municipality contributions are not mandatory but help the Department identify needs for this program. The total County share may not exceed the "amount of funds eligible for" provided by County staff in the application. Funding from budgets may not be carried over to the next year. For the RSWC, the total County share will include waste tire activity funds. REPORT: Update the table and % FTE with actual data when submitting the annual report. � .. . .- . . . .. . Salary I 7800 17000 I 24800 Mileage 0 I 100 I 100 Training/Subscription/Membership 600 I 0 600 Consultant/temporary help 0 0 0 Design/printing 2000 0 2000 Distribution/mailing I 1500 0 1500 Advertisement 0 I 0 0 Promotional Items 0 0 0 Special events fees I 3500 4000 7500 Data collection/evaluation I 0 0 0 Containers 600 0 600 • � .��� �� �� �� *NOTE: To update formulas, press Ctrl + A, then press F9 �fotal percent F�E for your municipality to coordinate this program: 20% llul �iC?ona �urvc P nd�[a I����,I-�te�J�'-�Ii�2 b51.452]$50 phune � Ei51.45Z8940 fax _ www.rnendot� heights.eom _ � _ � � Cirv or- � MEN�OTA HEI�B—ITS DATE: November 17, 2015 TO: Mayor, City Council and City Administrator FROM: Terry Blum — Public Works Superintendent SUBJECT: Approval of Purchase Orders for New Plow Truck & Equipment BACKGROUND: The Road and Bridge 2016 Budget includes $200,000.00 for the purchase of a single axle Mack dump truck and accessories to be paid from bonds which were issued on November 3, 2015. The truck we are replacing is a 2000 Sterling dump truck. We received a quote off the state contract from Nuss Truck and Equipment in the amount of $108,327.00. With sales tax and trade-in ($22,000) the cost of the truck would be $93,368.25. We have purchased three Mack trucks in the past and are very pleased with all of them. We are asking for authorization to order the truck now (with purchase and payment in 2016) because the build date would be in January (with delivery in May or early June) and if we asked for authorization any later the build date would be in late spring with a much later delivery date. We also received a quote for the dump body, hoist, wing, sander, warning lights and hydraulics from Towmaster, Inc. in the amount of $104,786.00. The price quoted for this equipment is from the State contract also. There is no sales tax on these accessories for the truck. (The accessories would be purchased after the truck arrives in 2016 and the price will be the same). This will bring the total cost of the truck, plow and equipment to $198,154.25. This is $1,845.75 under the budgeted amount. BUDGET IMPACT: The 2016 Budget includes $200,000.00 for the purchase of the new plow truck. During budget discussions it was agreed that this vehicle would be purchased via financing. The purchase price is $1,845.75 under the budgeted amount. Actual invoices will be received and paid in 2016. RECOMMENDATION; Staff recommends that the City issue purchase orders to Nuss Truck and Equipment in the amount of $93,368.25 for the purchase of the new dump truck and to Towmaster Inc. in the amount of $104.768.00 for the truck accessories. ACTION REQUIRED: If Council concurs with staff's recommendation, it should pass a motion approving purchase orders to Nuss Truck and Equipment in the amount of $93,368.25 for the purchase of the new dump truck, and to Towmaster, Inc. in the amount of $104.768.00 for the truck accessories. This requires a simple majority vote. DATE: TO: FROM: SUBJECT: Cirv oF MENDOTA HEI�HTS BACKGROUND: 1101 1/icCor�;a Curve ��!endota Ha�yhts��lT,� 651.452.1&50 phone � 651.452.8940 fdx � www.mendota heights.com , November 17, 2015 Mayor, City Council and City Administrator John Mazzitello, PE, PMP, MBA — Public Works Director/City Engineer Senior Citizen Deferred Assessment Request We have received a written request from Louise A. Eggleton for a senior citizen deferment of the assessment against her property for the Victoria Road South street reconstruction project. Cities are authorized to let a property owner defer paying a certified assessment until a later date, provided the property owner or the property meets certain criteria. There are three types of deferrals; undeveloped property, senior citizen and disability deferrals, and green acres. Deferred assessments become payable (with interest) upon sale of the property, or when the title of the property changes hands by means other than a sale. Ms. Eggleton, who lives at 1900 Victoria Road S, (property ID number 27-82000-03-030) is asking the City Council to defer the assessment of $6,500.00 that was levied against her property. The attached Resolution would defer the making of the assessment for this property. BUDGETIMPACT: The financing of this assessment was already figured into the bond sale that took place earlier this year. If approved, the assessment deferral debt would be carried by the City until the title of the property transfers to a new owner. At the closing for the title transfer, the assessment must be paid in full. ACTION REUOIRED: Staff recommends Council adopt the attached Resolution 2015-90 Deferring the Making of Assessment as to the Property Located at 1900 Victoria Road (PID 27-82000-03-030) Improvement No. 201308A. If Council wishes to implement the staff recommendation, they should pass a motion to adopt the aforementioned Resolution. This action requires a simple majority vote. page 34 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNEOSTA RESOLUTION 2015-90 Resolution Deferring the Making of Assessment as to the Property Located at 1900 Victoria Road (PID 27-82000-03-030) Improvement No. 201308A WHEREAS, the City Clerk, with the assistance of the City Engineer has calculated the proper amount to be specifically assessed for Improvement 201308a, the reconstruction of Victoria Road South; and WHEREAS, the proposed assessment roll for said improvements has been filed with the City Clerk and at all times since its filing has been open to public inspection; and WHEREAS, a hearing on said assessments was duly held at 7:00 p.m. on October 20, 2015, at the City Hall in the City of Mendota Heights, MN and; WHEREAS, Louise A. Eggleton, is the owner of certain property more particularly described as Parcel No. 27-82000-03-030, the legal description of which is following described property situated in Dakota County, Minnesota; Victoria Town Homes Lot 3 Blk 3& interest attributable to common area known as Lot 1 Blk 8 WHEREAS, the assessment roll for said project proposed a total assessment against the above-described property of $6,500.00; and WHEREAS, Louise A. Eggleton has requested that the making of an assessment against said property by reason of said improvements be deferred until such time as the property is sold or otherwise transferred in Title Ownership. NOW THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Mendota Heights, Minnesota as follows: L The assessment roll for said improvements (Improvement No. 201308a) be corrected to defer the making of an assessment at this time against the property of Louise A. Eggleton (parcel no. 27-82000-03-030). 2. That upon the future sale of title transfer of said property there shall be ]evied an assessment in the principal amount of $6,500.00 by reason of Improvement No. 201308a, plus interest at the rate of six percent (6%) per annum from October 20, 2015. 3. That the City Clerk is hereby directed to correct the assessment roll for said improvements as set forth above. Adopted by the City Council of the City of Mendota Heights this 17th day of November 2015. ATTEST: Lorri Smith, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor page 35 ilQl'victora Curve r��endata Re��cnt�. MN 5511B 651.452.1850 phone � 651.452.8940 Yax � www.mendota-heights.com , � s � � CITY OF MENC�OTA HEIGHTS DATE: November 17, 2015 TO: Mayor, City Council and City Administrator FROM: John P. Maczko, Fire Chief Tammy Schutta, Assistant to the City Administrator/HR Coordinator SUBJECT: Probationary Firefighter Appointments BACKGROUND Since August the Fire Department Officers and Tamara Schutta, Assistant to the City Administrator/HR Coordinator, have been involved in screening new applicants for the firefighter position to restore our ranks to an authorized strength of 36. The process was started with seven applicants who expressed interest in the position. Five candidates were scheduled for interviews. However, one candidate did not show up for the interview. Therefore only four candidates completed the process. Through the process the interview board selected the four candidates and offered conditional offers of employment to fill three open positions plus one for a pending retirement. One candidate did decline our offer at this time. The offers are conditioned upon passing a criminal histary, background check, physical, drug test and council approva] to a one year probationary period. On behalf of the committee we are pleased to recommend the three candidates below for city council approval to a one year probationary period. The three candidates recommended for probationary appointment are: Daniel Johnson Laura Wertish Michael Winters BUDGETIMPACT The probationary firefighter pay is $8.36 for fire calls and training. RECOMMENDATION As mentioned above the interview board recommends that council appoints the three candidates as probationary firefighters. City staff recommends that the City Council approve the appointment of Daniel Johnson, Laura Wertish and Michael Winters as probationary firefighters with an effective start date ofNovember 21, 2015. A simple majority vote is all that is needed on this issue. � � � � Cirv aF MEN�O�A H�fGH�� DATE: TO: FROM: SUBJECT Item 1: page 36 11G1 Vict�orfa Curve , Mendcta I-e�c,�hts MN 55110 651.452.1850 phone I 651452 29<IO f�x � evww.mendota-heights.com _ November 17, 2015 Mayor, and City Council Tamara Schutta, Assistant to the City Administrator/HR Coordinator Personnel Action Item Approval of employment of part-time winter 2014/2015 seasonal employees Staff is requesting council approval for the hiring of the below listed part-time winter seasonal ice rink flooders. All final candidates were offered their position contingent upon a successful completion of a criminal background check and council approval. The proposed salaries are consistent with the part-time seasonal staff pay matrix. Public Works Department —Seasonal Rink Flooder Positions 2015/2016 Rink Flooder Max Buell Chad Hanson Matt O'Connell Adam Tschida Nick Toth John Wolff Scott Wolff BUDGETIMPACT As noted above. Hourly Rate $10.00 $10.50 $10.00 $10.00 $10.25 $10.00 $10.25 :_ __ I U_ U _ \ _I •. _ _ � \ Staff recommends that the Mendota Heights City Council approve the action requested above for item one. A simple majority vote is all that is needed on this issue. 11/11/2015 Mendota Heights Building Activity Report Mike Andrejka, Building Official page 37 October 1, 2015 cn.� October 31, 2015 January 1, 2015 thru October 31, 2015 January 1, 2014 cn�� October 31, 2014 lanuary 1, 2013 cn�� October 31, 2013 Building Permit No. Valuation Fee Collected Building Permit No. Valuation Fee Collected SFD 1 $ 707,780.00 $7,419.64 SFD 9 $ 4,772,524.00 $51,844.26 APT 0 $ - $0.00 APT 0 $ - $0.00 Townhouse 0 $ - $0.00 Townhouse 4 $ 1,080,000.00 $13,706.56 Condo 0 $ - $0.00 Condo 0 $ - $0.00 Misc 72 $ 1,260,640.86 $ 14,986.65 Misc 556 $ 8,334,419.06 $ 124,477.22 Commercial 5 $ 527,200.00 $6,156.44 Commercial 36 $ 5,951,676.00 $67,573.89 Building Permit No. Valuation Fee Collected SFD 17 $ 7,230,000.00 $72,241.60 APT 0 $ - $0.00 Townhouse 0 $ - $0.00 Condo 0 $ - $0.00 Misc 525 $ 6,672,783.40 $ 119,056.56 Commercial 42 $ 10,792,057.50 $98,419.68 Building Permit No. Valuation Fee Collected SFD 3 $ 1,059,000.00 $ 11,176.11 APT 0 $ - $ - Townhouse 0 $ - $ - Condo 0 $ - $ - Misc 478 $ 5,885,673.00 $ 106,413.55 Commercial 88 $ 12,564,162.00 $ 96,205.57 Sub Total 78 $ 2,495,620.86 $ 28,562.73 Sub Total 605 $ 20,138,619.06 $ 257,601.93 Sub Total 584 $ 24,694,840.90 $ 289,717.84 Sub Total 569 $ 19,508,835.00 $ 213,795.13 Trade Permit No. Valuation Fee Collected Trade Permit No. Valuation Fee Collected Trede Permit No. Valuation Fee Collected Trede Permit No. Valuation Fee Collected Plumbing 20 $1,530.60 Plumbing 186 $16,970.84 Plumbing 136 $10,024.43 Plumbing 152 $ 8,390.60 Water 0 $0.00 Water 6 $60.00 Water 5 $50.00 Water 2 $ 20.00 Sewer 0 $0.00 Sewer 12 $750.00 Sewer 19 $475.00 Sewer 5 $ 125.00 Mechanical 35 $2,787.88 Mechanical 300 $31,340.13 Mechanical 223 $22,245.72 Mechanical 249 $ 33,247.09 Sub Total 55 $ 4,318.48 Sub Total 504 $ 49,120.97 Sub Total 383 $32,795.15 Sub Total 408 $ 41,782.69 License No. Valuation Fee Collected Licenses No. Valuation Fee Collected Licenses No. Valuation Fee Collected Licenses No. Valuation Fee Collected Contractor 25 $1,250.00 Contractor 307 $15,350.00 Contractor 313 $15,650.00 Contractor 313 $ 15,650.00 Total 158 $ 2,495,620.86 $ 34,131.21 Total 1416 $ 20,138,619.06 $ 322,072.90 Total 1280 $ 24,694,840.90 $ 338,162.99 Total 1290 $ 19,508,835.00 $ 271,227.92 NOTE: All fee amounts exclude SAC, WAC and State Surcharge. Amounts shown will reflect only permit, plan review fee and valuation totals page 38 1101 Victoria Curve � Mendota Heights, MN 55118 651.452.1850 nhone I 651 a52.8940 fax „� www.mendota•heigl}ts.cam � CITY OF MENDOTA HEI�HTS DATE: November 17, 2015 TO: Mayor, City Councii and City Administrator FROM: Kristen Schabacicer, Finance Director � j�,�''" SUB�CT: Ciaims List Stuiimary BACKGROUND Si�nificant Claims Xcel Energy — Utilities ICirclu►er Contracting — Bleacher Pads/Netting Removal Mandfield Oil Company — Fuel Rupp, Anderson, Squires and Wald — Legal Structural Wood Corporation — Park Signs Manual Checks Total System Checks Total Total for the Iist of claims for the November 17, 2015 city council meeting RECOMMENDATION: Approval of the list of claims for November 17, 2015. 8,277.66 5,100.00 7,965.10 3,874.85 3,261.60 $ 1 &,293.30 $ 72,641.16 $ 90,934.46 CITY OF MENDOTA HEIGHTS Claims List MANUALCHECKS 10/30l15 MAN Account Comments DEPT Descr Amount Search Name INVER GROVE HEIGHTS FIRE DEPT E 01-4400-030-30 VOID #79490 Fire -$150.00 E 01-4400-030-30 REPLACES CK #079490 Fire $150.00 Search Name INVER GROVE HEIGHTS FIRE DEPT $0.00 Search Name LARRIVE, JENNY E 01-4400-020-20 E 01-4400-020-20 Search Name IARRIVE, JENNY Search Name MINNEAPOLIS, CITY OF E 01-4400-020-20 E 01-4400-020-20 Search Name MINNEAPOLIS, C1TY OF Search Name XCEL ENERGY E 08-4211-000-00 E 01-4211-300-50 E 01-4211-310-50 E 01-4211-310-70 E 01-4211-315-30 E 01-4211-420-50 E 15-4212-400-60 E 15-4211-310-60 E 15-4211-400-60 E 28-4211-000-00 E 01-4212-310-50 E 01-4212-310-70 E 01-4212-315-30 E 01-4212-320-70 E 08-4212-000-00 E 15-4212-310-60 E 01-4211-320-70 Search Name XCEL ENERGY VOID #79037 REPLACES CK #79037 REPLACES CK #022562 VOID #22562 SEPT 2015 EL. UTILITIES SEPT 2015 EL. UTILITIES SEPT 2015 EL. UTILITIES SEPT 2015 EL. UTILITIES SEPT 2015 EL. UTILITIES SEPT 2015 EL. UTILtTIES SEPT 2015 GAS UTILITIES SEPT 2015 EL. UTILTfIES SEPT 2015 EL. UTILITIES SEPT 2015 EL. UTILITIES SEPT 2015 GAS UTII_ITIES SEPT 2015 GAS UTILiRES SEPT 2015 GAS UTILITIES SEPT 2015 GAS UTILITIES SEPT 2015 GAS UTILITIES SEPT 2015 GAS UTILTRES SEPT 2015 EL. UTILITIES Police Police Police Police Spec Fds Road & Bridges Road & Bridges Parks & Recreation Fire Road & Bridges Utility Enterprise Utility Enterprise Utility Enterprise Spec Fds Road & Bridges Parks & Recreation Fire Parks & Recreation Spec Fds Utility Enterprise Parks & Recreation -$50.00 $50.00 $0.00 $650.00 -$650.00 $0.00 $2,191.99 $1,711.60 $252.98 $252.98 $654.60 $221.59 $25.00 $252.99 $1,085.58 $1,091.67 $18.04 $18.04 $84.54 $50.00 $65.53 $18.03 $282.50 $8,277.66 $8,277.66 page ��'� 2�15 8:45 AM Page 1 CITY OF MENDOTA HEIGHTS Claims List MANUALCHECKS 11l10/2015 page ��%12/15 9:46 AM Page 1 Account Comments DEPT Descr Amount Search Name B C A- BTS E 01-4490-030-30 BACKGROUND CHECKS - FIRE DEPT Fire $104.25 Search Name B C A- BTS $104.25 Search Name I C M A REfIREMENT 457 G 01-2072 11/06/2015 PAYROLL Search Name I C M A REfIREMENT 457 Search Name LAWMAN BADGE COMPANY E 01-4490-020-20 BADGES - POLICE Search Name LAWMAN BADGE COMPANY Search Name NATIONWIDE REi`IREMENT SOLUTION G 01-2072 11/06/2015 PAYROLL Search Name NATIONWIDE REiTREMENT SOLUTION Search Name OSHAUGHNESSY, EILEEN G 01-2125 REFUND OF ESCROW Search Name OSHAUGHNESSY, EILEEN Search Name SELECf ACCOUNT G 01-2071 E 05-4131-105-15 E 01-4131-070-70 E 01-4131-050-50 E 01-4131-020-20 E 01-4131-110-10 Search Name SELECT ACCOUNT NOV 2015 HSA CONTRIBUTION NOV 2015 HSA CONTRIBUTION NOV 2015 HSA CONTRIBUTION NOV 2015 HSA CONTRIBUTION NOV 2015 HSA CONTRIBUTION NOV 2015 HSA CONTRIBUTION Search Name UNITED WAY OF ST. PAUL G 01-2070 11/06/2015 PAYROLL Search Name UNITED WAY OF ST. PAUL Search Name US POSTAL SERVICE G 01-1210 REPIENISH POSTAGE MEfER Search Name US POSTAL SERVICE $2,046.81 $2,046.81 Police $220.00 $220.00 $50.00 $50.00 � $751.91 $751.91 Engineering Enterprise Parks & Recreation Road & Bridges Police Administration $2,385.32 $438.46 $257.69 $257.69 $1,919.89 $334.62 $5,593.67 $49.00 $49.00 $1,200.00 $1,200.00 $10,015.64 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/17/15 PAY page �'��12/15 9:50 AM Page 1 Account Comments DEPT Descr Amount Search Name AAA CREDIT SCREENING SERVICE E 01-4490-030-30 PRE-EMP. SCREENING - FIRE DEPT Fire $75.00 Search Name AAA CREDIT SCREENING SERVICE $75.00 Search Name ADVANTAGE SIGNS & GRAPHICS E Oi-4420-050-50 STREEf SIGNS E 27-4460-791-00 STREEf SIGNS - VIGTORIA RD SOUTH Search Name ADVANTAGE SIGNS & GRAPHICS Road & Bridges Spec Fds Search Name ALL CI7Y ELEVATOR, INC. E 08-4335-000-00 NOV 2015 EIEVATOR CONTRACi" - CITY HAL Spec Fds Search Name AI.L CIIY ELEVATOR, INC. Search Name ALLEGRA PRINT & IMAGING E 01-4300-020-20 BUSINESS CARDS - PD Police Search Name ALIEGRA PRINT & IMAGING Search Name ALLSTATE PE�ERBIIT E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREEfS Search Name ALLSTATE PEfERBILT Search Name AMERICAN FLAGPOLE & FLAG C0. E 08-4335-000-00 FLAGS - CI7Y HALL Search Name AMERICAN FLAGPOLE & FLAG C0. Search Name AMERIPRIDE SERVICES E 15-4335-310-60 E 01-4335-310-50 E 01-4335-310-70 Search Name AMERIPRIDE SERVICES Search Name APACHE GROUP E 08-4335-000-00 E 01-4305-030-30 Search Name APACHE GROUP MAT SERVICE - PW MAT SERVICE - PW MAT SERVICE - PW B�DG SUPPLIES - CITY HALL BLDG SUPPLIES - FIRE HA�L Search Name C. DARLENE OEHLKE, CAP E 01-4220-110-10 10/20/15 CITY COUNCI� MTG E 01-4220-110-10 li/03/15 CITY COUNCIL MTG Search Name C. DARLENE OEHLKE, CAP Search Name CAMELOT CLEANERS E 01-4410-020-20 UNIFORMS CLEANING - PD E 01-4410-020-20 UNIFORMS CIEANING - PD Search Name CAMELOT CLEANERS Search Name CpW GOVERNMENT, INC E 01-4330-440-20 EQUIPMENT REPAIR - PD Search Name CDW GOVERNMENT, INC Search Name CEMSTONE PRODUCTS CO E 08-4335-000-00 BLDG REPAIR MATERIALS - CiTY HALL. Search Name CEMSTONE PRODUCTS CO Search Name CENTERLINE CHARTER CORP Road & Bridges Spec Fds Utility Enterprise Road & Bridges Parks & Recreation Spec Fds Fire Administration Administration Police Police Police Spec Fds $159.80 $395.60 $555.40 $153.00 $153.00 $67.63 $67.63 $31.44 $31.44 $213.80 $213.80 $22.08 $22.09 $22.08 $66.25 $244.58 $26.91 $271.49 $195.60 $101.60 $297.20 $66.50 $78.92 $145.42 $96.50 $96.50 $373.00 $373.00 CITY OF MENDOTA HEIGHTS page ���2�159:50AM Page 2 Claims List SYSTEM CHECKS 11/17/15 PAY Account Comments DEPT Descr Amount E 01-4435-200-70 FIELD TRIP TRANSPORTATION Parks & Recreation $400.00 Search Name CENTERLINE CHARTER CORP $400.00 Search Name CENTRA� IRRIGATION SUPPLY E 01-4330-215-70 IRRIGAITON REPAIR PARTS Parks & Recreation $109.00 Search Name CENTRAL IRRIGATION SUPPL.Y $109.00 Search Name CENTURY COLLEGE E 01-4400-030-30 TRAINING CLASSES - FIRE DEPT Fire $950.00 Search Name CENTURY COLI.EGE $950.00 Search Name COMCAST E 45-4210-045-45 NOV 2015 SERVICE - PAR3 Goif Course $196.12 Search Name COMCAST $196.12 Search Name COMMERCIA� ASPHAI.T E 01-4422-050-50 STREEI' MAINT. MATERIALS Road & Bridges $322.19 Search Name COMMERCIAL ASPHALT $322.19 Search Name DAKOTA COMMUNICAITONS CENTER E 01-4275-020-20 DEC 2015 DCC FEE Police $17,515.00 E 01-4275-030-30 DEC 2015 DCC FEE Fire $612.00 Search Name DAKOTA COMMUNICATIONS CENTER $18,127.00 Search Name DAKOTA COUNTY RECORDER E 01-4220-080-80 OCT 2015 FEES Planning $276.00 Search Name DAKOTA COUNTY RECORDER $276.00 Search Name EMERGENCY APPARATUS MTNC E 01-4330-460-30 EQUIPMENT MAINT.PARTS - FIRE DEPT Fire $124.25 Search Name EMERGENCY APPARAI"US MTNC $124.25 Search Name EMERGENCY RESPONSE SOLUTIONS E 01-4330-460-30 EQUIPMENT REPAIR - FIRE DEPT Fire $53.80 Search Name EMERGENCY RESPONSE SOLUTIONS $53.80 Search Name FIRE EQUIPMENT SPECIALTIES E 01-4330-460-30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire $.119.01 Search Name FIRE EQUIPMENT SPECIALITES $119.01 Search Name FLEE�' SERVICES E O1-4200-610-20 OCT 2015 SQUAD LEASES Police $4,380.92 Search Name FLE�" SERVICES $4,380.92 Search Name GO�DCOM E 01-4305-030-30 LOCK BOX SHIPPING - FIRE DEPT Fire $10.41 Search Name GOLDCOM $10.41 Search Name GOPHER STATE ONE CA�L E 01-4210-040-40 OCT 2015 SERVICE Code Enforcement/Ins $413.55 Search Name GOPHER STATE ONE CA�L $413.55 Search Name GRAINGER E 08-4335-000-00 BLDG REPAIR SUPPLIES - CITY HALL Spec Fds $33.00 Search Name GRAINGER - $33.00 _ CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/17/15 PAY page ��12/15 9:50 AM Page 3 Account Comments DEPT Descr Amount Search Name GRAYBAR ELECTRIC E 08-4335-000-00 BLDG MAINT. SUPPLIES - CITY HALL Spec Fds $120.06 E 08-4335-000-00 BLDG MAINT. SUPPLIES - CiTY HALL Spec Fds $61.92 Search Name GRAYBAR ELEGTRIC $181.98 Search Name GREAT RIVER GREENING E 01-4330-215-70 VEGEfATION MGMT - VALLEY PARK Parks & Recreation $1,000.00 Search Name GREAT RIVER GREENING $1,000.00 Search Name HANCO CORPORATION E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $226.40 Search Name HANCO CORPORAITON $226.40 Search Name HOLIDAY INN E 01-4400-020-20 TRAVEL EXPENSE - D. URMANN Police $250.00 Search Name HOLIDAY INN $250.00 Search Name HONSA �IGHTiNG SALES E 08-4335-000-00 B�DG MAINT. SUPPLIES - CITY HA�L Spec Fds $483.00 5earch Name HONSA LIGHTING SALES $483.00 Search Name HOSE INC E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREEfS Road & Bridges $47.29 Search Name HOSE INC $47Z9 Search Name INNOVATIVE OFFICE SO�UTIONS E 01-4300-110-10 OFFICE SUPPLIES - ADMIN Administration $53.04 Search Name INNOVATIVE OFFICE SOLUTIONS $53.04 Search Name INVER GROVE FORD E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $156.78 Search Name INVER GROVE FORD - $156.78 Search Name IRON MOUNTAIN RECORDS MGMT E 01-4490-110-10 OCT 2015 SHREDDING Administration $12.00 E 01-4490-020-20 OCT 2015 SHREDDING Police $36.00 Search Name IRON MOUNTAIN RECORDS MGMT $48.00 Search Name J& J CONTRACTING E 13-4460-000-00 WASTE DISPOSAL @ 1189 BOURN �N Spec Fds $300.00 Search Name J& 7 CONTRACI"ING $300.00 Search Name )ANI-KING OF MINNESOTA, INC. E 15-4335-310-60 NOV 2015 SERVICE - PW GARAGE Utility Enterprise $66.66 E 01-4331-020-20 NOV 2015 SERVICE - PD Police $780.00 E 01-4335-310-50 NOV 2015 SERVICE - PW GARAGE Road & Bridges $66.67 E 01-4335-315-30 NOV 2015 SERVICE - FIRE HALL Fire $200.00 E 01-4335-310-70 NOV 2015 SERVICE - PW GARAGE Parks & Recreation $66.67 Search Name JANI-KING OF MINNESOTA, INC. $1,180.00 Search Name JRK SEED & TURF SUPPLY E 01-4330-215-70 FERTILIZER - PARKS Parks & Recreation $2,712.00 Search Name JRK SEED & l'URF SUPPLY $2,712.00 Search Name KAT KEYS CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/17/15 PAY page ��V12/15 9:50 AM Page 4 Account Comments DEPT Descr Amount E 08-4335-000-00 BLDG REPAIRS - C1TY HALL Spec Fds $15.90 Search Name KAT KEYS $15.90 Search Name KIRCHNER CONTRACTING E 01-4330-215-70 NEfS TAKE-DOWN - BA�L FIELDS E O1-4330-215-70 INSTALI. PADS AT BALL FIELDS Search Name KIRCHNER CONTRAGTING Search Name LAWSON PRODUCI"S, INC E 01-4305-070-70 OPERATING SUPPLtES - SHOP E 15-4305-060-60 OPERATING SUPPLIES - SHOP E 01-4305-070-70 OPERATING SUPP�IES - SNOP E 15-4305-060-60 OPERATING SUPPLIES - SHOP E 01-4305-050-50 OPERATING SUPPLIES - SHOP E 01-4305-050-50 OPERATING SUPPLIES - SHOP Search Name LAWSON PRODUCTS, INC Search Name LEAGUE MN CITIES E 01-4400-109-09 Search Name IEAGUE MN CITIES Search Name LEITNER CO E 29-4460-793-00 E 29-4460-793-00 Search Name LEITNER CO Search Name �EXISNEXIS . E 01-4223-020-20 Search Name LEXISNEXIS Search Name LILLiE SUBURBAN NEWS E O1-4240-050-50 E 01-4240-080-80 E O1-4240-050-50 E 27-4240-791-00 E 01-4240-110-10 Search Name LILLIE SUBURBAN NEWS SEMINAR - S. KREBSBACH SOMERSEI' STORM WATER PROJECT SOMERSEf STORM WATER PR07ECT OCT 2015 SERVICE Parks & Recreation Parks & Recreation Parks & Recreation Utility Enterprise Parks & Recreation Utility Enterprise Road & Bridges Road & Bridges City Council Spec Fds Spec Fds Police OCT 2015 PUBLICATIONS - N01"ICE Road & Bridges OCT 2015 PUBLICATIONS - PLANNING NOTIC Planning OCT 2015 PUBIICATIONS - ORDINANCES Road & Bridges NOTICE - VICTORIA RD SOUTN Spec Fds OCT 2015 PUBLICATIONS - ORDINANCES Administration Search Name M T I DISTRIBUTING COMPANY E O1-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Search Name M T I DISTRIBUTING COMPANY Search Name MANSFIELD OIL COMPANY G 01-1210 FUEL - DIESEL G 01-1210 FUEL - GASOLINE Search Name MANSFIELD OIL COMPANY Search Name MENARDS E 01-4330-215-70 HOCKEY RINK SUPPLIES Search Name MENARDS Search Name MENDOTA HEIGHTS FIRE RELIEF Parks & Recreation Parks & Recreation Parks & Recreation $1,100.00 $4,000.00 $5,100.00 $2.44 $116.01 $116.01 $2.43 $2.44 $116.01 $355.34 $40.00 $40.00 $958.83 $965.70 $1,924.53 $50.00 $50.00 $88.20 $45.00 $26.25 $120.00 $41.25 $320.70 $179.52 $254.84 $434.36 $3,916.85 $4,048.25 $7,965.10 $156.57 $156.57 E 01-4490-109-09 BON FIRE SUPPLIES City Council $227.15 Search Name MENDOTA HEIGHTS FIRE RELIEF $227.15 _ CITY OF NIENDOTA HEIGHTS Claims �ist SYSTEM CHECKS 11/17/15 PAY page ��12/15 9:50 AM Page 5 Account Comments DEPT Descr Amount Search Name MENDOTA HEIGHTS, CITY OF E 45-4427-045-45 3RD QTR SEWER CHARGES - PAR3 Golf Course $289.22 Search Name MENDOTA HEIGHTS, CITY OF $289.22 Search Name MINNESOTA MULCH & SOIL E 80-4460-788-00 VICTORI A RD PROJECT Spec Fds $1,798.00 Search Name MINNESOTA MULCH & SOII. $1,798.00 Search Name MITCHELLI E 01-4300-070-70 Search Name MITCHELLi Search Name MN DEPT OF TRSPT E 27-4460-791-00 Search Name MN DEPT OF TRSPT NOV 2015 SERVICE VICTORIA RD SOUTH Search Name MN MAYORS ASSN E 01-4490-109-09 MEMBERSHIP - S. KREBSBACH G 01-1215 MEMBERSHIP - S. KREBSBACH Search Name MN MAYORS ASSN Search Narne MN TEAMSTERS LOCAL 320 G 01-2075 NOV 2015 UNION DUES Search Name MN TEAMSTERS LOCAL 320 Search Name NIITI SANITATION INC E 45-4280-045-45 RECYCLING - PAR3 Search Name NIT1I SANIf'Al"ION INC Search Name OFFICE DEPOT E 01-4300-070-70 E 01-4300-070-70 E 15-4300-060-60 E 01-4300-070-70 E 01-4300-030-30 E 01-4300-050-50 Search Name OFFICE DEPOT OFFICE SUPPLIES - PARKS OFFICE SUPPLIES - PARKS OFFICE SUPPLIES - PW OFFICE SUPPLIES - PW OFFICE SUPPLIES - FIRE DEPT OFFICE SUPPLIES - PW Search Name OREI�LY AUTO/FIRST CALI E 08-4335-000-00 EQUIPMENT REPAIR PARTS - CITY HALL Search Name OREILLY AUTO/FIRST CALL Search Name OXYGEN SERVICE CO E 01-4200-610-50 CYLINDER RENT - PW E 01-4200-610-70 CYLINDER RENT - PW E 15-4200-610-60 CYLINDER RENT - PW Search Name OXYGEN SERVICE CO Search Name PHYSIO CONTRO� (MEDTRONIC) E 01-4305-030-30 OPERATING SUPPLIES - FIRE DEPT Search Name PHYSIO CONTROL (MEDTRONIC) Search Name PIONEER ENGINEERING E 27-4220-791-00 VICTORIA RD SOUTH PROJECT Search Name PIONEER ENGINEERING Parks & Recreation $169.00 $169.00 Spec Fds City Council Golf Course Parks & Recreation Parks & Recreation Utility Enterprise Parks & Recreation Fire Road & Bridges Spec Fds Road & Bridges Parks & Recreation Utility Enterprise. Fire Spec Fds ' $71.36 $71.36 $10.00 $20.00 $30.00 $620.00 $620.00 $19.19 $19.19 $28.49 $47.99 $25.30 $25.30 $9.98 $25.30 $162.36 $12.57 $12.57 $29.67 $29.67 $29.66 $89.00 $280.00 $280.00 $1,438.00 $1,438.00 CITY OF MENDOTA HEIGHTS page ��'12/15 9:50 AM Page 6 Claims �ist SYSTEM CHECKS 11/17/15 PAY _ Account Comments DEPT Descr Amount Search Name R K HUNTER E 08-4335-000-00 B�DG MAINTENANCE - CITY HALL Spec Fds $2,570.00 Search Name R K HUNTER . $2,570.00 Search Name RUPP, ANDERSON, SQUIRES & WALD E 01-4481-110-10 AUG-SEP 2015 LEGAL SERVICES Administration $3,874.85 Search Name RUPP, ANDERSON, SQUIRES & WALD $3,874.85 Search Name SAFE KIDS WORIDWIDE E 01-4400-020-20 RECERTIFICATION - J. LARRIVE Police $50.00 Search Name SAFE KIDS WORLDWIDE $50.00 Search Name SAFE-FAST, INC. E 01-4305-050-50 SAFEfY SUPPLIES - STREEI"S Road & Bridges $216.24 Search Name SAFE-FAST, INC. $216.24 Search Name SHEL S AUTO ELECTRIC E 01-4330-460-30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire $116.00 Search Name SHEL S AUTO ELECTRIC $116.00 Search Name SPRWS E 08-4425-000-00 HYDRANT WATER USE Spec Fds $111.50 Search Name SPRWS $111.50 Search Name STRUCfURAL WOOD CORPORATION E 01-4330-215-70 PARK SIGNS MATERIALS Parks & Recreation $3,261.60 Search Name STRUCTURAL WOOD CORPORATION $3,261.60 Search Name TOTAL TOOL E 01-4330-490-50 EqUIPMENT REPAIR PARTS - STREEI'S Road & Bridges $25.80 Search Name TOTAL T00� $25.80 Search Name TSS AUTOMOTIVE EQUIPMENT E 01-4330-490-50 EQUIPMENT REPAIR - SHOP Road & Bridges $111.67 E 01-4330-490-70 EQUIPMENT REPAIR - SHOP Parks & Recreation $111.67 E 15-4330-490-60 EqUIPMENT REPAIR - SHOP Utility Enterprise $111.66 Search Name TSS AUTOMOTiVE EQUIPMENT $335.00 Search Name TUFF, SCOTT G 01-1215 DJ - PRINCESS BALL $275.00 Search Name 7UFF, SCOTf $275.00 Search Name TWIN CTfY TELEPHONE E 01-4330-440-20 EQUIPMENT INSTALL - PD Police $106.00 Search Name TWIN CITY TELEPHONE " $106.00 Search Name UNIFORMS UNLIMITED E 01-4410-020-20 UNIFORMS - B. LAMBERT Police $45.92 E O1-4305-024-20 UNIFORMS - J. PARKER Police $316.94 Search Name UNIFORMS UNLIMITED $362.86 Search Name UNIVERSITY OF MINNESOTA E 01-4400-020-20 TRAINING - 7. LARRIVE Police $95.00 Search Name UNIVERSI?Y OF MINNESOTA $95.00 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/17/15 PAY page �5�12/15 9:50 AM Page 7 Account Comments DEPT Descr Acnount Search Name VERIZON WIRELESS E 01-4210-114-14 E 15-4210-060-60 E 01-4210-050-50 E 01-4210-020-20 E 01-4210-030-30 E 05-4210-105-15 E 01-4223-020-20 E 01-4210-110-10 E 01-4210-070-70 5earch Name VERIZON WIRELESS OCr 2015 CELL SERVICE OCT 2015 CEL� SERVICE OCT 2015 CELL SERVICE OCT 2015 CELL SERVICE OCT 2015 CELL SERVICE OCT 2015 CEL� SERVICE OCf" 2015 CELL SERVICE OCT 2015 CELL SERVICE OC? 2015 CELL SERVICE Search Name VIKING INDUSTRIA� CNTR E 01-4305-050-50 OPERATING SUPPLIES - STREEI"S E 01-4426-050-50 BONFIRE CLEAN-UP SUPPLIES E 01-4420-050-50 STREEf SIGN MATERIALS Search Name VIKING INDUSTRIAL CNTR Search Name VITO MECHANICAI CONTRACTORS E 08-4335-000-00 PLUMBING REPAIRS - CTf`( HALL Search Name VITO MECHANICAL CONTRACTORS Search Name WALLRAFF ELECI"RIC C0. E 08-4335-000-00 BIDG REPAIRS - CITY HA�L Search Name WALLRAFF ELECTRIC C0. Search Name WASTE MANAGEMENT E 01-4280-310-70 E 15-4280-310-60 E 08-4280-000-00 E 01-4280-310-50 Search Name WASTE MANAGEMENT Search Name WILLSON, CHAD E 01-4400-020-20 Search Name WILLSON, CHAD Search Name YALE MECHANICAL E 01-4335-315-30 Search Name YALE MECHANICAL OCl' 2015 SERVICE - PW GARAGE OCT 2015 SERVICE - PW GARAGE OCT 2015 SERVICE - CITY HA�I OCT 2015 SERVICE - PW GARAGE TRAVEI. EXPENSE - CN. WIL�SON BLDG MAINTENANCE - FIRE HALL Info Tech Utility Enterprise Road & Bridges Police Fire Engineering Enterpris Police Administration Parks & Recreation Road & Bridges Road & Bridges Road & Bridges Spec Fds Spec Fds Parks & Recreation Utility Enterprise Spec Fds Road & Bridges Police Fire $156.17 $51.14 $289.09 $879.38 $275.05 $153.42 $245.07 $102.28 $51.14 $2,202.74 $62.88 $104.61 $241.99 $409.48 $668.00 $668.00 $269.50 $269.50 $105.06 $105.06 $195.47 $105.06 $510.65 $98.29 $98.29 $1,014.43 $1,014.43 $72,641.16 2015 Licensing List for C'ity C'ouncil Type �'ontractor Name Excavating Genera/ HVAC' Masonry Stocker Excavating, Inc Dreamscaping, Inc TL Erickson Enterprises, LLC Adams Heating Air Rite Heating & Air Conditioning M D's Heating & Air Services, LLC Matrix HVAC Frandrup Masonry, Inc Poured Foundations, Inc page 48 Thursday, November 12, 2015 Page 1 of 1 DATE: TO: FROM: SUBJECT: CITY OF MENC�OTA HEIGHTS BACKGROUND page 49 ilQl'victora Curve r��endata Re��cnt�. MN 55118 651.452.1850 phone � 651.452.8940 fax � www.mendota-heights.com , November 17, 2015 Mayor, City Council and City Administratar John R. Mazzitello, PE, PMP, MBA — Public Works Director/City Engineer Presentation — Alignment Alternative Recommendation for the Mendota- Lebanon Hills Greenway Pedestrian Crossing of Highway 110 As part of the Mendota-Lebanon Hills Greenway Master Plan, Dakota County has received a grant from the Metropolitan Council to construct a grade-separated pedestrian crossing somewhere along Highway 110 between Highway 149 (Dodd Road) and Oak Street in Mendota Heights. The County has been analyzing alternative crossing locations as well as alternative crossing structures. If approved, this Dalcota County project would be constructed in 2017 along with the Minnesota Department of Transportation (MnDOT) project to resurface Highway 110. City staff has been participating in Project Management Team (PMT) meetings for the past several months, as Dakota County and MnDOT have been developing various alternatives. The Dakota County Project Manager, Jacob Rezac, will be presenting the results of the analysis that has taken place during these meetings, as well as comments received during an open house held at Henry Sibley High School; and will provide to the Council the alignment alternative County Staff will be recommending to the County Board on December 1 St At this time, only a recommendation for the location of the crossing is being recommended; however, County Staff is interested in opinions about the type of crossing that could take place at the recommended location. Attached are comparative data sheets outlining the four different crossing options. Please note that the cost estimates only include basic aesthetic improvements. Mr. Rezac will have some visual examples of these improvements within his presentation. Council is being asked to listen to Mr. Rezac's presentation, ask questions, and summarize comments, concerns, and opinions. Staff will summarize those items in a letter to the County after the Council Meeting to assist County Staff with their presentation to the County Board. BUDGETIMPACT There are no proposed budgetary implications for the City of Mendota Heights at this time. RECOMMENDATION Staff recommends that the City Council hear Mr. Rezac's presentation and provide comments. While no formal action is needed for this item, City staff will be summarizing comments in a letter to be sent to Dakota County staff prior to their presentation to the County Board. page 50 16'x10' Box Culvert Underpass - Estimated Cost (with contingency) _ $1.4M - Allows for 10' shared-use path - Subject to MnDOT Clear Zone requirements o Clear zone = 30' from TH 110 o Meeting clear zone requirements involves: ■ No guardrail ■ Retaining wall on both sides of realigned River to River Greenway ■ Potential turning radius constraints o Not meeting clear zone requirements involves: ■ Plate Beam guardrail and end treatments ■ Concrete barrier over the box culvert segment ■ Adequate turning radius ■ Retaining wall on south side of realigned River to River Greenway - Median opening/skylight o Possible to include o Requires plate beam guardrail (bullnose design) o Requires concrete barrier on inside shoulders over box culvert segment o Requires accommodations to handle drainage ■ Drop structure(s) needed on the east side of crossing ■ Connection to and potential upsizing of existing culvert o Grading platform for bullnose guardrail may require additional drop structure(s) and pipe to be relocated further east, invovles additional grading - Construction staging o Current MnDOT staging plan ■ Provide 1 lane on WB TH 110 and 1 lane on EB 110 ■ One weekend closure ■ No crossovers o Underpass construction will require ■ Closure of two traffic lanes (min.) ■ Installation of crossovers or closure/detour of TH 110 ■ Dakota Co. —100% responsible for cost of either (not included in estimate) o Estimated closure duration = 2 weeks - Maintenance o Generally clear delineation of MnDOT and County maintenance responsibilities o Structure carries loads from TH 110 traffic (elevated MnDOT liability) o Does not require inspection by MnDOT Bridge Maintenance o Longer life span page 51 Three-sided arch (20'x10') - Estimated Cost (with contingency) _ $3M - Allows for 10' bikeway and 6' walking path - Subject to MnDOT Clear Zone requirements o Clear zone = 30' from TH 110 o Meeting clear zone requirements involves: ■ No guardrail ■ Retaining wall on both sides of realigned River to River Greenway ■ Potential turning radius constraints o Not meeting clear zone requirements involves: ■ Plate Beam guardrail and end treatments ■ Concrete barrier over the box culvert segment ■ Adequate turning radius ■ Retaining wall on south side of realigned River to River Greenway - Median opening/skylight o Possible to include o Requires plate beam guardrail (bullnose design) o Requires concrete barrier on inside shoulders over box culvert segment o Requires accommodations to handle drainage ■ Drop structure(s) needed on the east side of crossing ■ Connection to and potential upsi2ing of existing culvert o Grading platform for bullnose guardrail may require additional drop structure(s) and pipe to be relocated further east, invovles additional grading - Construction staging o Current MnDOT staging plan ■ Provide 1 lane on WB TH 110 and 1 lane on EB 110 ■ One weekend closure ■ No crossovers o Underpass construction will require ■ Closure of two traffic lanes (min.) ■ Installation of crossovers or closure/detour of TH 110 ■ Dakota Co. —100% responsible for cost of either (not included in estimate) o Estimated closure duration = 2-3 weeks (due to additional cast-in-place elements) - Maintenance o Generally clear delineation of MnDOT and County maintenance responsibilities o Structure carries loads from TH 110 traffic (elevated MnDOT liability) o Does not require inspection by MnDOT Bridge Maintenance o Longer life span page 52 Twin Bridges - Estimated Cost (with contingency) _ $1.7M - Allows for 10' bikeway and 6' walking path - Guardrail needs o Plate Beam guardrail and end treatments on outside shoulders o Concrete barrier on outside shoulders on bridge deck o Plate beam guardrail (bullnose design) on inside shoulder o Requires concrete barrier on inside shoulders on bridge deck - Drainage needs o Requires accommodations to handle drainage o Drop structure(s) needed on the east side of crossing o Connection to and potential upsizing of existing culvert o Grading platform for bullnose guardrail may require additional drop structure(s) and pipe to be relocated further east, invovles additional grading - Construction staging o Current MnDOT staging plan ■ Provide 1 lane on WB TH 110 and 1 lane on EB 110 ■ One weekend closure ■ No crossovers o Underpass construction will require ■ Closure of two traffic lanes ■ Installation of crossovers ■ Dakota Co. —100% responsible for (not included in estimate) o Estimated closure duration = 1-2 months - Maintenance o Unclear delineation of MnDOT and County maintenance responsibilities o MnDOT responsible for plowing, agreement to include cost provided by County o Structure carries TH 110 traffic (highest MnDOT liability) o Requires inspection by MnDOT Bridge Maintenance page 53 Overpass - Estimated Cost (with contingency) _ $1.7M - Allows for 10' shared use path - Guardrail needs o None in median with Pratt Truss design (no median pier) o None anticipated on outside - Drainage needs o Will need to accommodate drainage on north side o Potential impact to small wetland(s) (if ditch is filled in) - House Moving Route o TH 110 currently identified as "Not Approved-Subject to District Review" o Could require clearance of approximately 23' if ■ No other overhead obstructions are present on corridor ■ No alternate routes are possible o Additional clearance requirements would compromise ADA - Construction staging o Current MnDOT staging plan ■ Provide 1 lane on WB TH 110 and 1 lane on EB 110 ■ One weekend closure ■ No crossovers o Overpass construction fits current staging plan - Maintenance o Clear delineation of MnDOT and County maintenance responsibilities o Structure is not carrying TH 110 traffic (reduced MnDOT liability) o Requires inspection by MnDOT Bridge Maintenance o Shortest life span Mendota-Lebanon Hills Greenway Hwy 110 Grade-Separated Pedestrian Crossing Mendota Heights City Council Meeting November 17, 2015 Mendota-Lebanon Hills Greenway Presentation Presentation Outline •Project Background •Alignment Alternatives •Concept Evaluation •Project Schedule and Next Steps Mendota-Lebanon Hills Greenway Background Mendota-Lebanon Hills Greenway Project Location Mendota-Lebanon Hills Greenway Hwy 110 Pedestrian Crossing Alternatives Analysis Concept Options •Project limits o River to River Greenway (north) o Dakota County CDA trail (south, interim connection) •Alignments o Option #1 – Western Alignment o Option #2 – Skewed Alignment o Option #3 – Eastern Alignment Mendota-Lebanon Hills Greenway Alignment Alternatives Option #1 Mendota-Lebanon Hills Greenway Alignment Alternatives Option #2 Mendota-Lebanon Hills Greenway Alignment Alternatives Option #3 Mendota-Lebanon Hills Greenway Evaluation/Comparison Mendota-Lebanon Hills Greenway Evaluation/Comparison Open House Summary •Held on October 21, 2015 at Henry Sibley HS •Seventeen comments received •Slight preference for Option #3 over Option #2 •Equal preference for underpass and overpass Mendota-Lebanon Hills Greenway Evaluation/Comparison Structures •Structures Available (using Option #3) o Box culvert o 3-sided arch (Charlton) o At -grade bridges o Overpass •Structure Considerations o Hwy 110 – Potential House Moving Route o Roadside safety considerations for underpasses o Maintenance Mendota-Lebanon Hills Greenway Crossing Structure Examples Box Culvert Mendota-Lebanon Hills Greenway Crossing Structure Examples 3-Sided Arch Mendota-Lebanon Hills Greenway Crossing Structure Examples At -Grade Bridges Mendota-Lebanon Hills Greenway Crossing Structure Examples Overpass Mendota-Lebanon Hills Greenway Schedule & Funding Project Schedule •Mendota Heights City Council – November 17, 2015 •Request County Board Adopt Alignment and Consider Structure Selection – December 1, 2015 •Design/Open House #2 – January to September 2016 •Construction with MnDOT Project – Summer 2017 Mendota-Lebanon Hills Greenway Schedule & Funding Project Schedule Summary Spring/Summer 2015 •Project Kickoff •Concept Development •Stakeholder Meetings Fall/Winter 2015 •City Council/County Board Update •Open House #1 •City Council/County Board •Select Preferred Alternative 2016 •Design •Open House #2 •Submittal 2017 •Bidding and Award •Begin Construction Questions Contact Information: Jacob Rezac, Dakota County Phone: 952-891-7981 E-mail: jacob.rezac@co.dakota.mn.us Mendota-Lebanon Hills Greenway Hwy 110 Grade-Separated Pedestrian Crossing page 54 11G1 Vict�orfa Curve , Mendcta I-e�c,�hts MN 5�ll0 651.452.1850 phone I 651452-2940 F7x � evww.mendota-heights.com _ � � � � Cirv aF MEN�O�A H�fGH�� DATE: November 17, 2015 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Public Hearing for Mendota Road Neighborhood Improvements BACKGROUND The preparation of a feasibility report for the Mendota Road Neighborhood Improvements which is required to follow the Minnesota Statutes Chapter 429 process. That was authorized by the Mendota Heights City Council by adopting Resolution 2015-32 at the city council meeting held on May 19, 2015. The Statute 429 process is required because the city council intends to assess a portion of the project. The feasibility report for Mendota Road Neighborhood Improvements was accepted by the Mendota Heights City Council and called for a Public Hearing on November 17, 2015 by adopting Resolution 2015-65 at the September 1, 2015, city council meeting. The recommendation of the feasibility report was to proceed with this project. This project includes reconstructing Mendota Road from Delaware Avenue to Oalc Street and rehabilitating Warrior Drive, High Ridge Circle and Sibley Court. Street Reconstruction — Mendota Road (formerly Highway 110 frontage road) Mendota Road was constructed in 1970. Concrete curb and gutters were installed on a portion of the street and the roadway widths currently measure 24 feet from edge of pavement to edge of pavement, and 26 feet from face of curb to edge of pavement in the areas were curb was installed. The pavement cross-section consists of a 4.5" bituminous surface over a 13" aggregate base. Sanitary sewer and water main were constructed on this street during the original project in 1970 and existing storm sewer on a part of the road during the Town Center project. Proposed improvements for Mendota Road will include the reclamation of the existing bituminous roadway and the placing of a 3" bituminous base course and a 2" bituminous wear course over the reclaimed pavement material, new curb and gutter installation, storm sewer extension and existing curb and gutter and catch basin repair. Street Rehabilitation — High Ridge Circle, Sibley Court and Warrior Drive page 55 Warrior Drive was constructed in 1970 and High Ridge Circle, Sibley Court were constructed in 1988. Warrior Drive has a pavement cross-section consisting of a 3" bituminous surface over a 6" aggregate base. Concrete curb and gutter was installed on this street and the roadway widths currently measures 44 feet from face of curb to face of curb. High Ridge Circle and Sibley Court have a pavement cross-section consisting of a 3.5" bituminous surface over a 6" aggregate base. Concrete curb and gutter was installed on the streets and the roadway widths currently measure 33 feet from face of curb to face of curb. Storm sewer, sanitary sewer, and water main were also constructed on these streets in 1970 and 1988. Proposed improvements for Warrior Drive will include the reclamation of the existing bituminous roadway and the placing of a 2.5" bituminous base course and a 1.5" bituminous wear course over the reclaimed pavement material, curb and gutter repair, and catch basin repair. It will also include construction of a concrete median. High Ridge Circle and Sibley Court will include the reclamation of the existing bituminous roadway and the placing of a 2.5" bituminous base course and a 1.5" bituminous wear course over the reclaimed pavement material, curb and gutter repair, and catch basin repair. Trail Improvements Proposed improvements to the existing Brookside Lane to Laura Court trail include overlaying the existing bituminous surface with 2" bituminous pavement. (Appendix E) Pedestrian curb ramps will be constructed at the each end of the trail, as well as on every crosswalk location on Mendota Road trail with truncated dome detectible warning systems in compliance with the Americans with Disabilities Act (ADA). Preventative Maintenance- Fog Seal Coating of the bike trail between the Dodd Road and Delaware Avenue Proposed improvements for the bike trail between Dodd Road and Delaware Avenue will include a fog seal. Fog seals are used to delay weathering of the pavement, waterproof the pavement surface, and improve the pavement's ability to keep water from penetrating the base course or subgrade, and reduce raveling. Preventative Maintenance - Seal Coating of the Bunker Hills Neighborhood Streets and the Town Center approaches Proposed maintenance treatment for Arvin Drive, Freeway Road, Hilltop Court, Hilltop Road, Knob Road, Linden Street, Market Street, Maple Street, North Freeway Road, Ridge Place, South Freeway Road, South Lane, Valley Curve, Valley Curve Alley, Wachtler Avenue, and Willow Lane will include the chip seal coating which will consider distributing bituminous oil, or liquid asphalt, on the street surface, application of an aggregate cover, and using the pneumatic roller to reorient or seat the aggregate particles and tighten the rock matrix. After the asphalt cures, the eXcess aggregate is removed by sweeping so the seal coat provides the street with a new water proof surface and uniform look. Issues page 56 A Neighborhood Informational Meeting was held on September 28, 2015 to provide the property owners an opportunity to discuss the projects in an informal setting priar to the Public Hearing. Staffpresented the proposed improvements, project costs, estimated assessments and answered resident's questions. The property owners aslced a variety of questions regarding assessments, proposed street widths, construction issues, traffic issues, and street drainage issues at the Neighborhood Informational Meeting. The purpose of the Public Hearing is to determine if plans and specifications should be ordered. Details of the project and proposed financing will be presented to the public at the hearing. BUDGETIMPACT The total estimated cost of the project is $1,862,165.00. PROJECT COSTS ITEM CONSTRUCTION INDIRECT� TOTAL STREET RECONSTRUCTION $664,133.46 $166,033.37 $830,166.83 STREET REHABILITATION $583,259.52 $145,814.88 $729,074.40 CURB & GUTTER $46,593.00 $11,648.25 $58,241.25 TRAIL $46,476.00 $11,619.00 $58,095.00 STORM SEWER $149,270.00 $37,317.50 $186,587.50 Totals $1,489,731.98 $372,433.00 $1,862,164.98 � Includes 25% indirect costs for legal, engineering, administration, and finance. The Mendota Road Neighborhood Improvements are proposed to be financed by special assessments, municipal bonds, MSA, and utility funds. Funding sources and amounts are shown below: FUNDING SOURCES MUNICIPAL MSA UTILITY ITEM COST ESTIMATE ASSESSMENT BONDS FUNDS FUNDS STREET RECONSTRUCTION $830,167 $175,218 $204,949 $450,000 STREET REHABILITATION $729,074 $197,500 $531,574 CURB & GUTTER $58,241 $58,241 TRAIL $58,095 $58,095 STORM SEWER $186,588 $186,588 Totals $1,862,165 $372,718 $852,859 $450,000 $186,588 Street improvement projects are proposed to be assessed to the benefiting property owners. Pursuant to the City's Street Rehabilitation and Reconstruction Policy adopted by the city council on June 16, 1992, the Mendota Road Neighborhood Improvements are proposed to be assessed to the benefiting property owners as follows: • All units with a driveway located on Mendota Road will be assessed as a street reconstruction per the Street Rehabilitation and Reconstruction Policy. • All units with a driveway located on Warrior Drive, High Ridge Circle, and Sibley Court will be assessed as a street rehabilitation with pavement replacement per the Street Rehabilitation and Reconstruction Policy. o City costs include curb and gutter replacement, sod restoration, and appurtenant work. page 57 The following tables show the estimated unit assessments based on the City policy and proposed unit assessments that are being recommended by staff. ASSESSMENT CALCULATIONS - STREET RECONSTRUCTION — MENDOTA ROAD Assessable Costs $830,166.83 Assessment $415,083.41 Assessable Units 26 50% Estimated Unit Assessment per City Policy $15,964.74 $415,083.24 50% Proposed Unit Assessment* $7,593.00 $175,218.00 21 % * Units that were assessed $3700 for the Town Center project will have their assessment lowered by that amount. ASSESSMENT CALCULATIONS - STREET REHABILITATION — WARRIOR DRIVE Assessable Costs $729,074.40 Assessment $364,537.20 Assessable Units 50 Estimated Unit Assessment per City Policy $7,290.74 Proposed Unit Assessment $3,950.00 50% $364,537.00 50% $197,500.00 27% The estimated unit assessments for the street rehabilitation are higher than the rates that staff anticipates for future reconstruction and rehabilitation projects with pavement reclamation due to the anticipated sub-grade correction. Staff proposes to assess the benefiting properties $7,593/unit in the reconstruction area of the project, $3,893/unit in the reconstruction area of the project for the properties that were assessed $3700 during Town Center project and $3,950/unit in the rehabilitation project area in order to bring the rate closer to anticipated costs. RECOMMENDATION Staff recommends that the council conduct the Public Hearing and order the improvements, autharizing staff to prepare the plans and specifications far the reconstruction of Mendota Road and the rehabilitation of Warrior Drive, High Ridge Circle and Sibley Court Conduct the public hearing, and then if city council wishes to implement the staff recommendation, pass a motion adopting RESOLUTION 2015-89 ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE MENDOTA ROAD NEIGHBORHOOD IMPROVEMENTS (PROJECT #201507). This action requires a simple majority vote. page 58 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2015-89 A RESOLUTION ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE MENDOTA ROAD NEIGHBORHOOD IMPROVEMENTS (PROJECT #201308) WHEREAS, the city council adopted Resolution 2015-32 on September 11, 2015 setting the date for a public hearing on the proposed improvements to High Ridge Circle, Sibley Court, Warrior Drive and Mendota Road (previously Hwy 110 Frontage Road) from Delaware Avenue to Oak Street in Mendota Heights; and WHEREAS, ten (10) days mailed notice and two weeks published notice of the hearing were given and the hearing was held on the 17th day of November, 2015, at which all persons desiring to be heard were given an opportunity to be heard thereon on the question of the proposed construction of the following described improvements: Street reconstruction improvements consisting of, but not limited to, bituminous milling or removal, bituminous reclamation grading, water main replacement, storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing and appurtenant work to the existing rural street section for Mendota Road. Street rehabilitation improvements consisting of, but not limited to, bituminous milling or removal, bituminous reclamation, catch basin repair, concrete curb and gutter repair, bituminous surfacing and appurtenant work to the existing urban street section for High Ridge Circle, Sibley Court and Warrior Drive. WHEREAS, the proposed assessable area for said improvements is situated within the City of Mendota Heights in Dakota County, Minnesota and includes those parcels that currently have driveway access on the project. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council as follows: 1. Such improvements are necessary, cost-effective and feasible as detailed in the feasibility report. 2. That the city engineer be and is hereby authorized and directed to prepare plans and specifications for said improvement. Adopted by the City Council of the City of Mendota Heights this seventeenth day of November, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 59 �c� �d i r����� � °���e�,� i���,�,��� r r�� ������ 651.452185�� E�hone � �51A52894�0 lax, ` www.mendota heights.com _ _ � � CITY OF M�N��TA H�I�HT� DATE: November 17, 2015 TO: Mayor and City Council FROM: Mark McNeill, City Administratar SUBJECT: Presentation by Brian Birch COMMENT: INTRODUCTION At the November 17th City Council meeting, Mr. Brian Birch will make a presentation regarding the Village at Mendota Heights/Mendota Heights Town Center. BACKGROUND Under the "Public Comments" section of the October 6th City Council meeting, Mendota Heights resident Brian Birch appeared before the Council, asking that the City Council turn back a currently undeveloped lot or lots in the Village at Mendota Heights to him to develop as twin homes. The City Council took no action that night, and directed Mr. Birch to be in contact with City staff and the City Attorney. Staff and the City Attorney did meet with Mr. Birch on October 13th, but no resolution of his request was reached. Mr. Birch has subsequently provided the attached information regarding the acquisition of 5.43 acres of his property for a portion of the Village at Mendota Heights (the residential portion of the overall development) project, approximately fourteen years ago. It outlines some history of the project and associated information from his perspective, and his involvement with the City. Settlement Agreement: I have attached the Stipulation of Settlement and Award in Condemnation for three parcels of land, dated September 30, 2003, in which the City was ordered to pay Brian L. and Joyce L. Birch $1,315,000. In that award, both parties agreed that the condemnation proceeding was settled, and that the payment was: "... Compensation in full under Minn. Stat. Chapter 117 for any and all of his rights in and to the Property including, without limitation and by way of example only, any and all page 60 claims related to the law of eminent domain, claims for the land, claims for severance damages, claims for any consequential damages and claims for interest, appraisal fees and any other expenses associated with this condemnation that may be recoverable unde� Minnesota law. " (Paragraph 3) The agreement further stated that he was not entitled to any further payments from the City in connection with the Property or that condemnation action (paragraph 4). Mr. Birch has requested time to make a formal presentation to the City Council to state his case as to why additional consideration is warranted. ACTION REQUIRED The Council should hear the presentation by Mr. Birch, and give direction, as appropriate, for any follow-up. Mark McNeill City Administrator . �', I,� �,• � ', � ,� . , ,� . City of Mendota Heights, Petitioner, vs. Annex Cleaners; Brian L. Birch; Joyce L. Birch; City of Mendota Heights; County of Dakota; Diversified Business Credit, Inc., a Minnesota corporation; Del H. Einess; Maylou Einess; Alma Fischer; Thomas M. Johnson; K& P Co., Inc., a Minnesota corporation; LaSalle National Bank; Mendota Heights Athletic Association; Mobil Pipe Line Company, a Delaware corporation; Edward C. Mortensen; Marguerite Mortensen; Polka Dot Dairy, Inc., a Minnesota corporation; Inga F. Solland; Sigurd Solland; State of Minnesota; Tom Thumb Food Markets, Inc., a Minnesota corporation; Twin Cities Stores, Inc., a Delaware corporation; Village of Mendota Heights, n/k/a City of Mendota Heights, Respondents. page 61 ;l , � ' ;�. � . ,� . Case Type: Condemnation Court File No. CO-01-10258 STIl'iTLA'I'ION OI+' SETTY�ElVi�NT AND AWARI3 IN CONDEMNATION AS TO 1'ARCEI.S lA, 2 and 2A I .I . � � ,, � � 1 . �� � ; �, ,1 � , p; p �, . , � . , � . � � . i �� � � r �� r ��� The City of Mendota Heights ("City") and Brian L. Birch and Joyce L. Birch (collectively, "Birch"), by and through their respective attorneys, hereby stipulate and agree as follows: page 62 1. The City filed its Petition for Condemnation and Motion for Transfer of Title and Possession under Minnesota Statutes Section 117.042 to acquixe certain properiy in Mendota Heights, Minnesota, including Parcels lA, 2 and 2A as more fully described in Exhibit A hereto ("Property"). 2. Birch is the fee owner of the Property. 3. Birch was duly served with a copy of the Petition for Condemnation and Motion for Transfer of Title and Possession on or about October 22, 2001 and has been served with all relevant pleadings in connection with this matter. 4. On February 8, 2002, consistent with the Court's Amended Order Granting Petition For Condemnation, Appointing Commissioners, And Transferring Title And Possession, the Petitioner deposited with the Dakota County District Court Administrator its approved appraisals of value for the Property in the amount of $900,000 (the "Quick-Take Deposit"). : 5. The entire Quick-Take Deposit of $900,000 has been paid by the Court to 6. The City and Birch desire to compromise and settle all issues between them regarding the Property and this condemnation action. NOW, THEREFORE, the parties hereto hereby agree as follows: 1. This condemnation proceeding as to Parcels lA, 2 and 2A and as between the City and Birch is hereby settled. 2. The City shall make an additional payment to Birch in the amount of $315,000. 3. Birch hereby acknowledges and agrees that the $900,000 Quick-Take Deposit, which he has already received, and the additional payment of $315,000 to be made as part of this -2- page 63 Stipulation is compensation in full under Minn. Stat. Chapter 117 for any and all of his rights in and to the Property including, without limitation and by way of example only, any and all claims related to the law of eminent domain, claims for the land, claims for severance damages, claims for any consequential damages and claims for interest, appraisal fees and any other expenses associated with this condemnation that may be recoverable under Minnesota law. 4. Birch hereby further acknowledges and agrees that, except as set forth above, Birch is not entitled to any further payments from the City in connection with the Property or this condemnation action. 5. The Commission appointed by the Court in this proceeding shall make its Award in accordance with this Stipulation (and in the form attached herewith as Exhibit B) and the Properiy will have been acquired through condemnation. 6. Each party agrees not to appeal the Award herein and lrnowingly waives the right to further hearings or appeal. 7. This Stipulation as to the Property shall be binding upon the parties hereto, their successors and assigns, affiliates and subsidiaries and any person or entity related to or which otherwise claims any right or interest in the Properiy from Birch. Dated: September �O , 2003 i�l���.`.�-.- � i a�G... Brian L. Birch . Dated: September 3 �, 2003 • ,��-�--� Joyc `. irch � Dated: September 3C�, 2003 CITY OF MENDOTA HEIGHTS ', ., By: ----�� -u .—...._ Cari Lindberg � City Manager M2:20572226.01 � page 64 Mendota Heights Long Term City Discrimination Histor�age 65 November 10, 2015 Brian L. Birch, 755 Willow Lane, 651-452-6015, bbirch7Cq.com Request for turnback of my remaining property that has gone unsued by the City, since 2002 Background - 5 years of City abuse and discrimination Whereas in 1967, I purchased my home site property. 1. Whereas in 1967, the City Building Inspector, Dick Bjorkland denied my right to build, saying the prop- erty was un-buildable. Dick said that the property was too low to build a building upon it. That was untrue, deliberately. [ was needlessly harrassed by Bjorkland 2. Whereas in 1967, the City Building Inspector, Dick Bjorkland denied my right to build, saying I person- ally was not allowed to build my home myself. That was untrue. 1 appealed to the State of Minnesota and they intervened and demanded that the City abide by the laws of MN. Whereas in 1968, I learned that the City Building Inspector, Dick B jorkland, had lived adjacent next door east of my property and was denied buying my property for himself by the seller who had sold the property to me. Commercial site information-the next 29 years of City abuse and discrimination Whereas in January 16, 1973, 1 purchased for myself a good portion of the present Town Center prop- erty. [t was properly zoned B-2 for my purposes. That purchase consisted of two parcels, a one acre westerly portion, and the Lis Pendens Rights portion of the then northerly proposed Highway 149, Dodd Road/ Hwy 1 10 interchange. [ had a dream to locate my company's business building there. I designed the building so it could serve my business needs and the community's youth. I was denied my permit because the city inspector would not approve of my plan for what I believed were his own personal reasons. 3. Whereas on May 15, 1975, I confronted MN Dot about the mining and removal of my dirt for City and State purposes that year and the next. In part it involved rebuilding Hwy 13 through MH. I had to take force- ful action to stop it. I finally had to pull my car right behind MN Dot's front end loader and pin the loader against the hill so it could not move. In less than 15 minutes the a�ithorities from the state arrived and pulled all their equipment off my property. [ also asserted my Lis Pendens Rights to the intersection. The City never offered to make it right with me, nor apologized for it. Whereas on May 15, 1975, MN Dot disclosed that Hwy 149 was not likely to ever be built. I attempted to have MN Dot release my land that they had held for many years. When that was about to happen, the city immediately said they wanted my land. So MN Dot held it for the city's desire for a highway overpass. 4. Whereas in December, 1977, I applied for the right to build my B-2 heating and air conditioning com- pany on my new property and was denied my legal right by the City Council and the City Building Inspec- tor, Dick Bjorkland. The City arbitrarily turned down my right to build by saying I could not have more that 3 service persons employed, 6 persons total people, which was not applied to any other business within the B-2 zoning areas in the City. That financially ended that attempt to build. The Building Inspector said that a 6" diameter drain pipe would not drain a 5000 sq ft area, even though their own building of greater sq ft had Dick's approved 6" diameter drain. This prejudicial pattern was now evident. ilding 3enior page 66 5. Whereas in December, 1979, I applied and was denied my riQht to build my company building, again. ndoor t there 6. Whereas in June, 1983, the City proposed relocating Hwy 149 thru Friendly Hills, easterly of the south side shopping center, overpassing Hwy 1 10, and thru the middle of the present Town Center north. That was the most hotly contested City Council meeting I ever attended. ed my Whereas in June, 1983, I submitted my diamond interchange at the present Dodd/ I l0 intersection. MN ked to Dot then rejected the City's plans, causing the City Council to reject any more of my proposals at any cost. Had I not done my homework, the City would have destroyed Mendota Heights public image. 7. Whereas in April 10, 1984, I reapplied to build my company's building. It was again rejected as not a B-2 business. which g whereas in April 1988 1 and a partner applied for the ribht to build an auto service center and car wash. m° p That was met with severe City council opposition. Mayor Mertensoto concluded that "our city is too high class of a city to allow this into our B-2 zoning. Besides, it is not an allowed business in a Mendota Heights the B-2 zoning. To date, how much income has been denied me over these many years. ight to W�thin months, the City allowed Super America and it's car wash to be build kitty corner to our City hall. cquire The City's argument stated that this would be a benefit to the City and it's vehicles. This was also "properly zoned B-2." I saw no reason to reapply for another one a mile away. nb de- 9. Whereas in 1989, we wished to develop my land, again. We wanted to build a drive thru shopping center. in the That idea was denied. This was very discriminatory and discouraging. injus- Whereas in December 1989, I gave up my original building site to the Vet Clinic for their expansion plans. s.375 10. Whereas I also had to bring ro the citizen's attention that the City was using their adjacent land to mine as a"City Dump." They stopped within two months time. That did not help my popularity with the City. 11. Whereas in March, 1990, I proposed my Senior Center. That plan was rejected by the City as not ap- propriate and not desirable. Whereas in April, 1990, I subdivided my land to facilitate the expansion of the Vet Clinic. I had an exca- vator come to my property to create my building pad. That is the very site that [ am desiring to have turned back to me. That information is verified by the City's Sunde Engineering Inc dwg. for the MH Town Center. 12. Whereas in August 1991, I fought the City on their newest highway realignment plan, again. I pointed out 30 of its shortcomings. Their plan came after I had requested that MN Dot turnback my Lis Pendens Right's property. Whereas in April, 2002, I bid out the land reclamation for my proposed Senior Center. 13. Whereas in 1992-1994, the City continually pushed very hard for years for a new hi�hway overpass because of my constant push for my property to be turned back to me. MN Dot entertained the City Council and witheld action that would favor my request for turnback. Mayor Mertensotto denied knowing what Lis Pendens Rights were, I continually had to fight MN Dot and the City to release my land back to me. 14. Whereas as soon as I purchased my land rights back fram MN Dot, I reproposed my Senior Center building I had discussed with them earlier. The City quickly assembled themselves against me. They said a Senior Center was not in the City's best interest. Whereas on September 9, 1999, the City notified me that my assessed evaluation was listed in their "Acquisition Costs for Town Center Development" memo. 15. Whereas on September 29, 1999, the Sun Current newspaper stated that the City had been working on its Town Center plan since December 1988. Ross Fefercorn was said to be the Edina-based planning cons�i]- tant. He then became the only developer allowed to build the Town Center. No other developer was allowed pa e 67 to be involved. This was a definite conflict of interest and a closed process that denied pub�ic competition. And that the acquisition of property had to be completed in 90 days from the first public notification. Private council meetings were not open to the public. Whereas February 23, 2000, after many confrontations with MN Dot protecting my Lis Pendens Ri�hts, MN Dot notified me that they had decided to pursue the reconveyance to me. I paid MN Dot an earnest check for my land it held since I959, 42 years ago. Whereas October 26, 2000, after much legal negotiations, I paid for and received the Quit Claim Deed due me. 16. Whereas December 3, 2000 to February 20, 2001, prior to this date, the City stopped all rights to de- velop my property. During this time noted above, [ restated my plan to develop my Senior Center. The op- portunity was denied me, again, but was included in the Town Center plan. The City took my plan that was denied me and used it for their illegal and unmerited benefit. They called their manuever a"Moritorium." Whereas February 20, 2001, I took this time to tell the City Council about my displeasures with their upcoming taking proceedings. Whereas April 4, 2001, citizens complained about the actions taken by the Council regarding the TC. Whereas July 18, 2001, the newspaper revealed that there was a big riff between the Council and the Mayor over the way the TC was proceeding. Ross Fefercorn was negotiating with the City to be the TC master developer. Whereas December 18, 2001, 1 received my estimate from Wold AE to build my senior center. 17. Whereas November 13, 2001, The City offered to settle with me over a very botched job at my home when they reconstructed the street, causing me to scrape the bottom of my car on their concrete and for cor- recting the improper road design and drainage onto my fronC property. 18. Whereas January 25, 2002, I was defeated by the laws of eminent domain by which the City enforced me to sell at whatever the court would judge against me and call it fair. It was not fair. Fefercorn is now the developer. 1 had asked to be one of the developers but was denied. It has now been 30 years that the City has denied my right to develop my property. More abuse 19. Whereas the City denied my right to build my Senior Center, and then the city took my idea and located their Senior Center right on my very property in the Town Center project, 37% to express it precisely. The City Council had the audacity to locate two more adjacent to and near the south shopping center. That is 3 when I was denied one. 20. Whereas the City showed their true colors when they unwrapped the new Town Center at its dedication. Hoenstein and myself owned the two largest parcels of land now included in the new Town Center. The City's colors showed up when the one street was named in honor of the Hoenstiens, "Karl Hoenstein Place." That very street is totally encompassed within my property the City chose to take from me by force. Then, how noticeable it is to see that their new road "Maple Street" fully runs along, and only along, the full length of my "Birch Addition" parcel. Wood-n't you know it? I have to believe that there had to have been some forethought behind their deliberate action. ----------------- It has now been 48 years of constant injustice that I have experienced from the Mendota Heights City gov- ernments. No less than 20 injustices are listed above. The benefits of my protective actions over the years to the City cannot be counted in dollars. Had I not taken all the defensive actions and bore the criticisms from people, the Village Town Center would be an obnoxious highway overpass and the south area very poorly developed, and unsuccessful south shopping area right now. page 68 Mendota Heights City Council and Planning Commission November 10, 2015 From Brian L. Birch, 755 Willow Lane, 651-452-6015, bbirch7@q.com Proposal to acquire the vacant parcel adjacent to and east of the vet's building in the Town Center 19a/ o Y��[.. [ received permission to appear before the City Council next week, on November 17th, to make,�formal request for turnback of my unused original site that I owned that lays within the existing north Town Center. [ aquired that site in 1973, prior to the City taking it by eminent domain in January, 2002. It has now been 14 years since the taking was implemented and my site remains vacant, today. Due to the failed original development that the law provided the City to rely on to exercise its eminent domain power, 1 request and say that it is actually past time that my remaining property be turned back to me per the limiting intent of state and national eminent domain laws. Six months have passed since I first requested a turnback last May. Any further deliberate delay is not ac- ceptable any longer. [ consider that any delay would be discriminatory and unjust. Thank you. Brian L. Birch ■ �� ..�,,_,.. A � , ,.,.., N � ��;,,'�'j.�,.7r�-, � . �. � _� , s r1 ■ �. � .11 I.���I� I� ,,�i �, ��+ �� ;��� � � � � �..�1 � P i� 1 � r �' +'�� �1 � '� ,�� 7,, � ,� � , � , ; , ti,� ;'i`, '' �� ^,'� ;� ; 1 1 , � � � (� T ,, �, - �,; +. , � � . �''�, , � ,� � . r ��, .j I� , ; � �, ,� 1 � ,� �l �i ;;���. o,'� � 'i., � e'� t . -•►w: �.� . I L>. " ' �1 .y - a� '� 1 '�, ��"� 1�"'1''�^l 1' • ' � �.. �,� � t� � � A � t � � � •� -yti � � � * s� � � _ � 1 � 'Y -P� �s sR � ��f � � . J � � �"},.°�'\ K }� J "' • .. -'-�, " Y ,�ro �'+,._ �_ _ ""' � • � �.. �w 4 'V...s...c=...�.�... �.......... Ni��.�� �1• City document proof of site development by R.F. He failed to develop the west townhomes. SITE MAP °"�°r� `°v"r e�_ ' ��rv�E 4a�Ey ���E DEc.b l9s � �r.,m..�a.o��-�.. ,�...M.���.,,,.�,�.,,...,.,.,,,,u,� �.a,.�,w,.�.,,.,��...�F� �a �. ,� ��,�� �o.,..�.�.,,._ o,..e,E�...,,,� .w,,,n,�. �a,,,�, .�, ,,.m.�„�,�,��, nloRrµ o : �;F�.�..��. w:'"��w��.� �� � °�.�"° "� �� �, � _ �' � � � �� , ,��„ � �l / � � F �.. � �:� � \'r� �_ _ 1�L_ _'L --iu . - ° ! I, . ,.. ��., � � �� _ - , l �— -. —_ y �-a.^- �w � a �a � �' — ('9'� ,, ; � ,un �.�n� ssn ...'.� ;i �. / o � Z 9" � ��� �. � ,jF. � � .' �� �� i I : � � �, � vu -.. . �yi- �m � , ...�� . �' � � —_ . �- ..Q�nv. -a�a� — - ns �o � ' Af� ,/'�U � _ _ �. � ` � W a� �,�� � ,% C � b g � � �;,--�„ y,�,, ,� X X il �� p.T - �' -�'�,�' r,, �, ;� � I, - u° � � i �� �, � � � .�' a��a�� �' ` �z � �.� � ti°:,� �v_�_ . �.._� � . \ . z� a9 o i�o_ un�ua-_ ,o� � ieo� _iou I i� It� ,> �JP , m __ ..._.. ... . . . . �i � '� I ,,, . N ' w v v y � " n J a � � � o� �it�-do�mi�nt praof af Birch°s two parcels-5�4 �c - --- � t �-, a � u�__.oa_—�o _—�na �a_ ,00 . ,oa o_r= ...,. um... ,.....� � H� �AY l lO � , . . , t September 19, 2015 To: City of Mendota Heights From: Brian L. Birch 755 Willow Lane Mendota Heights, MN 55 1 1 8-4335 651-452-6015 bbirch7@q.com page 69 Request for turnback of all the vacant undeveloped triangular piece of land south of Maple Street in the Town Center Request to co-develop all the vacant undeveloped land north of Maple Street in the Town Center Request to appear in person to explain my proposal at the next City Council meeting I am attaching the following to the letter I submitted to Mark on Monday, September 14, 2014: Issue of First Impression is a legal case in which there is no binding authority on the matter presented. My matter encompasses the actions of the City when it took illegal action against me to obtain all of my land and my Lis Pendens land in a covert action, prior to its legal right to condemn all of my property back in 2000 by eminent domain. The City prejudicially thwarted all my previous efforts to utilize my property for all, or nearly all, of 28 years prior to the legal eminent domain action by the City. It is now 42 years. 1 will prove that the City illegally denied me use of my original, properly zoned, B-2 property. And that the very building site pad constructed by myself remains vacant and available today for my long standing desire to use my original land for legal purposes, as the present PUD is designed to allow. Number of units is not an issue. And that it is now I�J.years since the "taking", and that part of my very site remains to be developed. 1 desire to inverse act (turnback) in order to obtain any and all of my original undeveloped land remaining, namely the va- cant triangular piece. And that my developer and myself also desire to cause any and all undeveloped land remaining north of Maple Street to be developed as the "purchaser and developer" of that land per the "intent" of the previously approved PUD drawings. I also understand that the hook of my inverse action claim may very likely mean that 1 may be awarded attor- ney's fees for the past and present action of the City, plus damages, if I must take this to court. My purpose to appear before the Council is to come to a conclusion that is fair and just. Brian L. Birch PAGE 1 JANUARY, 2002 ISSUE 56 City Will Own 100% of Town Center Land in February Acquisition ofi the 23-acre development site is almost complete. In July, the City acquired the 6.42 acre Lorraine Hohenstein parcel, ]ocated at 1898 Dodd Road. We are pleased to report that we have also negotiated purchase agreements for two of the sites prior to commencement of a condemnation action. [n December, the City acquired the 0.48 acre Oasis Market parcel, and signed a purchase agreement for the Tom Thumb property as well. The City will close on the Tom Thumb parcel in February. The City is continuing the conclemnation action on the remaining remnant parcels along Highway 110, as well as the vacant parcel owned by Brian Birch. The City will have title to these remaining properties in February. 1'he City hired Relocation Specialists Evergreen Land Services to '-,'o relocate the two remaining businesses on the site: Annex .iners and the Mendota Heights Athletic Association. The Annex Cleaners, formerly located at 1946 Dodd Road is relocating to the Diamond Jim's Shopping Center in Lilydale and will be open in February. Mendota Heights Athletic Association is continuing to look for an office site. There are two developers involved with the Tow�n Center praject: RMF Entities and the Dakota County Community Development Agency. In October, the City Council passed a resolution desi�nating RMF Entities as the Master Developer for the Town Center project. Ross Feffercorn, of RMF Entities, has been working with the City since the first discussions of the Town Center project began in 1999. The role of the Master Developer is key to the success of this devel- opment. This individual will be responsible for tinalizing the plan- ning applications for the entire site, including subdivision, wetlands permits, final PUD approvals and the coordination and supervision of all aspects of the commercial and residentia] development. This individual will also ensure that detailed design and development con- cepts laid out by the City Council are followed. The Master Developer will both develop components of the project and ensure the compatibility of the portions of the project to be developed by others. The second developer is the Dakota County Community Development Agency (CDA). The City and Dakota County CDA recently signed a development agreement formalizing their commit- ment to construct a sixty unit affordable senior facility in the pro,ject, ilar in size and design to their existing building on South Plaza ��ve. The CDA plans to begin construction of the facility in the fall. The forma] planning application process is also moving along. In August, the City Council rezoned the Town Center project area to Mixed Use Planned Unit Development, which will allow for a unique blend of housing, business and retail development with a"vil- lage-like" character. The Preliminary Concept Plan was reviewed by the Planning Commission in November and the City Council in January. The Preliminary Deve7opment Plan for the project wil] be before the Planning Commission for its March meeting, and then on to the City Council at its first meeting in April. The Final Development Plans of the project wili be submitted by the develop- er, Ross Feffercorn. Mr. Feffercorn will bring the final phases of the project forward in separate phases (residential, commercial, etc.) The City anticipates the iinal applications coming to the Planning Commission in early summer. We are hopeful that the groundbreaking for the project will be this spring, followed by construction of the public infrastructure (roads, utilities, ponding and civic elements) and the Dakota County senior housing facility. REVIEW BOARD MEETING SCHEDULED At 7:00 p.m. on Tuesday, Apri] 2, the City Council will convene its annual Review Board meeting. At this meeting, the Dakota County Assessor will review community valuation information and answer general questions regarding property valuations for real estate taxes payable in 2002. Following the approximate half-hour presentation, representatives from the Assessor's Office will meet with individual property owners who have questions or concerns about their valua- tions. "Notices of Assessment for the Year 2002" were mailed to all property owners by the Assessor's Office in January. If you feel that the market value for taxation shown on the notice exceeds the actu- al value of your property, you can appeal the valuation. To do so, you must either send a letter to the City Council, at City Hall, before Apri] 2 or you must attend the Review Board or an informal open book meeting. The dates and locations of the open book meeting are listed on your "Notice of Assessment." The Review Board meeting will be held in the City Council Chambers at City Hall, 1 101 Victoria Curve. � page 71 `>�, /D Z 2 � 75S Willow Lane l�'Iendota Heibhts, MN SSl 18-4335 651-452-6015 October 22, 2001 Administrator and City Council City of Mendota Hzights 1101 Victoria Curve Mendota Heiahts, MN 55118 b51-452-1850 Administrator and City Council: On October 16, 2001, you asked me to submit a letter to City Hall concerning my residential prop- erty damage at my hflme at 755 Willow Lane, for actiol� by the Council Meetina on 'Tuesday, flcto- ber 30. I have three unresolved issues which are: l. Landscape darnage caused by debris that was washed off from the reconstniction of the road rebuild projeci. Ii resiilted when the City did n�t respond to my phane call after I re}�orted the pending wash out problem. Mark Mogan came over to view the damage after the fact and acknowl- edged that he had not responded as he said he would. He said that the City would accept responsibil- ity, but tliat has yet to happen. The t�tal compensation due is per Southview Design I,andscape Co�itractors' quote of 9l25/2001. It is $5666.00. 2. Driveway replacement caused by City engineering failure to reconstruct Willow Lane to meet my preexisting driveway elevatiflns. That resulted in a severe drop off into my property that caused many cars to bottom out when attemptin� to enter my driveway. I worked with the City engineering to resolve the problem. Their proposal was as bad as the rebuilt drop off conditian and was very unsatisfactory, costing more than what I finally had to have con- structed. T�e work I coritracted out is figured groportionally to �he overall project comple�ed. The City portion is $6,917. page 72 3. Creek bank erosion is progressing at a very severe rate. It is due to the City water shed, caused from many changes that I have no control over. I have as�:ed Sotithview Design to submit their own �_ bid to the City to correct my ongoing property. I was stopped by City engineering and told that it was the City's responsibility. Mark and C�ri said weeks �go that they would take care of the problem and let me know their actions. That has not happened, and over a foot of my property has eroded away since that meeting. I have lost up to ten feet in places. I am close to losing two trees and my foot bridge end cap at any time. The �arge co�Ctonwood could crus� my expensive satellite system and coutd fall into my living room. That tree is leaning, becoming top heavy, and must be cut down now. [ am asking for a written report that will address what will take piace to correct this erosion, the tree rerxtoval, and a schedule for when this project will be r.amplete.d. Sincerely, Brian L. Birch 2A So. SL PaulArnrar arove Heights, Wsat St. PeuVMendota Helghts Sun�CurrenVWednesday, Sept. 26, 2001 www.mnSun.com MH ma or told to sta out of Town Center land negotiations 3' Y Council opposes Mertensotto By Merrily Helgeson Sun Newspapers A defiant Mayor Charles Mertensotto was ordered by his City Council on Sept. 20 to stop interfering in city land buys for Town Center. ------.. "How are you going to enforce that?" Mertensotto asked the four members of the Mendota Heights City Council, all of whom had just voted to_snecifically bar th mavn___,,,,_� ��_.,.��, n�¢o�j,�lg witji ,.�:_-..--- landowners for Town Center properties. "I am the mayor and I'm entitled to speak for the city," Mertensotto said. "I can speak with any citizen on any matter. "I have a duty and an obligation to con- tact these people." Councilmember Jack Vitelli proposed the motion reaii'irming Steve Erikkson as the city's sole negotiator in response to a request from Eriksson that the city rein in the mayor. Ericksson said Mertensotto had been conducting his own negotiations with landowner Bri���, whose 5.43-acre property forms the heart of the proposed city development. "Contact by the mayor did undermine my efforts with Mr. Birch," Eriksson wrote in a Sept. 121etter to City Admin- istrator Cari Lindberg. "If I am not able to reach settlement at a reasonable level or if I reach settlement but recommend a level higher than the appraised value, will my recommenda- Mayor From Page 2A tions be criticized publicly by the mayor?" Eriksson wmte. "Will I now be the scape- goat?" Erikkson had been selected by the council in July to represent the city in purchase of several properties for Town Center, a 26-acre commercial and hous- ing development planned for the corner of Dodd Road and Highway 110. Mertensotto voted against hiring a re- altor then, saying it would be an unnec- essary expense to the city. He was over- ruled by the four other council members. "You want to be in control and run this thing yourse�telli to'1�Mertensotto. "You're sabota�n� and u�d�mipi� the negotiat ons. I think it's inappropriate and unethical:' � _ -_ Mertensotto said he had intervened Vitelli said Mertensotto didn't know what Erikkaon had agreed with Birch be- cause the mayor hadn't atte_nded closed meetings with the rea�tor. Mertensotto counter� that the closed meetinga were probablyillegal. Council members Mike Dwyer, Sandra Krebsbach and Mary Jeanne Schnee- man, all of whom rarely oppoaed the mayor before Vitelli arrived on the coun- cil last January, voted to bar him from the ,._ _ _ --- land negotiations. Schneeman said she'd wanted an in- dependent negotiator because "I felt so strongly that the city had an adversarial relationahi� with �Vix: Birch." � 1�Iertensotto told the council their vote "means nothing to me because there's no way the council can keep me from talking t0 COriStltlleIIt$." "If the voters want to sanction me, because Erikkson's negotiationa were taking too long. "We may jeopardize and lose an entire year in the construction of this senior property," Mertensotto sa.id of proposed retiree housing. "This senior facility is the kev to the entire project. ��� �We're three years into the Town Cen- ter project, and we've got to complete it in six years," Mertensotto said. He said he met with Birch because he thought the landowner might be willing to make a deal if the city agreed to adjuat the grade on his driveway and help him solve some drainage pro�ilems. He said Erikkson had been unwilling to put Birch's requests on the negotiating table. � b�uot � � After the meeting, Mertensotto said, "I'll let them hang themselves.' Mertensotto has been mayor of Men- dota Heights since 1986. He has beea re- elected at two-year intervals, most re- cently last November. V'itelli, who before his retirement was vice president for operationa for Honey- well, Inc., said in a phone interview Sept. 21 he'd been encouraged to run for mayor last fall. He wouldn't say whether he'll chal- lenge Mertensotto in 2002. In the same interview, V'itelli said he believea "we have a ro e m in the city of Menao�a Heig ta nght now "I don't think he's ever dealt with a sit- uation where the council dcesn't agree with what he wants to do," Vitelli said. "He insists on abaolute cor�ol_and he's _ _ really at a loss when he doesn't have cg,�- t�Q1. It's cleaz to me that the mayor is mig- chievously trying to sabot�ge a decision of the council that he doesn't agree with." Vitell added, °Mayor Mertenaotto is serving his last term as mayor of Mendo- MAYOR: To Page 14A � � � � ,c '° v � `� .c � v c;, ,� �' � � � ,r� r,� � •. ; ;, � ,� � � � � +� �v„ -[ y �",� .s4 c'� � a� o c�a i� �v.�� p"��a,� � .� �°'o �G,�°�aa.�3o � -D �� °=a ; `�� a,° ° � � � ° y � � � ..� � on a v � .� w � � :.c a. a '� a.-b 3 � cA � o � o;� c�, '� >: o��.. =•�"�v���v V � y . � � y � „�� � O � 0 C��i C � � '�. � � � 4�,yJ �' �"i '.y .r' fd '1'; '�.'d � y ^'7 �O � 'n ^y bA � � 61 ;� o �; ��°'Y� � � �Y.Y ��•� � o u o�'� o.., o�'v � 04;. on^a,.c•v• � � �.r� � .. 4., o �a ��� G,,, v '�v 3�� o�°' v v v��i v � " � .I:' a3 ,t�.��. VJ V� � t. ^t@/I �y � .� V � ... .� r. 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'b .° ° � a y o a0 0� v° Y ��a �>����v�.��.� � �Y �� � �. v �.N��;�+�..�c�,�°"Y�v�,� x�� Y-[ u c N-o a,o .� v o > � � � ° � o•;, [ a 3 : � v. � u .+ 3�o o v 3,e'"'�v ..� c� C,) " o,cOu,, .� aGi �'n " c�o a, v y �„ � .� o°A � o[�n 3 H, � v.�. 3�� a`°, � r�. �, o `�° cy aE° w o 3x 3�-� `" � �. L � �o �o `'�"� y a, -d a v'� v ; 3 �° -o 'ti ;-� ° :: Y � .a .Y o _c A.a: a`'i Q� a� v;b ,,, ��.. o ci' E-� �,� � a�, o v s a�°,� �b'�, �,�U �•,�r c�'3 �v o ° v °' ►, o a ,, �, � C� .� '• - � � � � v .o H � �e ,D o 00 � � ��30, ° ,�, ��o � v.n�o��o 0 � � �v��o��:�';c:��� 3 � G� a, x Y 3��, 3 a-o a. v � -[ w v o +�' '� M y�„ � � «'�-J s�. � � Rf �n pq 'ti �."'. � q >. C > � G i. �+ � � �- ° `° '��" a, cd o � � o °J v � � � V Q '� .� � Q .`� "O � [� v G! o=aa°'°��•[��°c:c� �. y�o�vb��-�o���;:30 • �. �s��a�>.a � .n � � „� �- � � .� 3 � � .� a F� C�A C�.' � � V�(� ,�,��, �y p � a.� ° ° >x �.� 'v-�x c.o PAGE 3 �Fy�-" �`,' ,j��� � Town C �cwarc 1Vw11 �;,,CI1LL� PI'dII�� ;�� v , To the editor: � � „�� The Mendota Heights Plan�jc�,GP�nmission on July 31 discussed changing the Towrl����nter proJect from a planned unit development, as stated in the Mendota Heights comprehensive plan, to a multiple-use planned unit development. The 23-acre Town Center parcel presendy is zoned R-1 residential, except for the commercial buildings. � The change to multiple use, if approved by the Mendota H e i g h t s C i t y C o u n c i l, w i ll g i v e t h e p l a n n e r o f T o w n C e n t e r � absolute power as to the design. The Planning Commission believes that it and the public will have some input before the final design of Town Center i; approved. The public has yet to see the design guidelines for this project. They will be told about them after the fact. I want a nice Town Center project, but I dodt believe we should cram too much density into it. The Parks and Recreation Committee has asked for more green space, but � that apparendy hasdt been agreed to because of the density � the City Council wants. High density will require extra expense for snow removal. Normal city streets are 32 feet _tl wide for convenient maintenance in winter and for extra ! parking. Town Center apparently won't address these and � other questions that will likely arise later on. Having the entire Town Center project divided between a Residential Homeowners Association and Business Owners Associa�ion would require residents and business people to r� �aintain the streets, parking spaces, lawns, shrubs, gazebo, V illage Post/from previous page e t c. D i s a g r e e m e n t s c a n l e a d t o a l a c k o f m a i n t e n a n c e. I f t h e ` members of the homeowners association are delinquent in their monthly maintenance fees, the association has litde recourse to collect the fee. The failure of one of the Business Owners Association members would probably have to be written off. I favor having the streets maintained by the city and havin each owner responsible for his or her parking space. It is harc for me to believe that the maintenance nf Town Center will b high quality if left to the transient residents and business owners unless only the basic amenities are intlud�d. • Bett ySchuster r� � ect Moves � Mendota Heights �� r vi vv dY'CI '' The Town Center Project is on its way. Here's the latest on what's happening........ * In July, the City acquired the Lorraine Hohenstein parcel for the project. This 6.42 acr� piece, locatcd at 1898 Dodd Road, along with the 3.72 acres that the City already owns means that almost half of the Town Center site is in the City's ownership. * The City is in the process of negotiating acquisition of the remaining parcels and ha retained the services of a Real Estate Consultant, Steve Eriksson to help. * The City Council recently rezoned the Town Center project area to Mixed Use Planne� Unit Development, which will allow for a unique blend of housing, business and retai development with a "village-like" character. * The City Council held a design guidelines workshop in July to discuss the desigi parameters for the development. The final design guidelines and site controls will be f:,� ished this fall so that we may begin with the PUD approval process. * The City and Dakota County CDA recently signed a cooperation agreement +�ormaliz ing their commitment to construct a sixty unit senior facility in the project. The CDA hope to begin their construction next fall. * The City is also in the process of completing development agreements with the Mast� Developer for the project. We are hopeful that the first phases of construction will begin in Summer 2002 with grad ing the site, followed by construction of the public infrastructure (roads, utilities, pondin� �apy g� (�.�'�._c �o d �.�aw arC��t b7 c� � � m �;o °' ^o�—� � �'c no c° �3 -, y G. � < in C p; ��<"�' (���� l' �� o o c� O g w w p, p, � m� y �-�i N � y O O n � �• .��. ~ �A Q'� ``� � v�i .:Q ti .�`.� � � O H �' � CJ" � „C„ � '� ►� Pt .�"i O � fp � A °' ^� O �' ti c�� n w �� n'C r°'i, �� �e O a E .� �� I, �� � p, ,� po � fA V"q G. 5 � `.G p� `+ S � � � m < �D w � � � A � ^p � p � � ?i � O tr' ce : p d O b' w t�o �' C .: mn ���'`�n����"coe3"P'wyao�,71,..,,p •�!T�jf'�3�o�m�m�— o � ? � ,e c�o F` �' fD _. � 15� �• � r, 5 �' � �n y v� � a o �.�e � �e �° ,°. � �c,�e � � � �n' o+ � � " w E •< �c � + �, ua � � a, ,o o �. �, � oo "• o . � `� m � ,., ,� ,,,., o a .. : "o x o cy � ���8 ai�'n''v � �' � o < ° o R, �n 7�'" �, " m � "z�.j.ce n.w t< .a� �F'i,�� ��.ye�o c"'"Qs' y c, o�y ,s�o� ooa vo,�. � :; � � =.� '� rt :� � � � � C :s' n �s cn � ?. v^, � y b � � a � ; � co � c co T �w � C,nSY����: p,� r`n'S�p �`�,.�0►�� v�Ni ��,n.b ��.� O�� o D�y `r�tii � [J F o. �� � O Q' •�+� c�a a °' �' � 9 w��-� 4i d O p m°�<D �° �. �'a C� O O cXo C• n c� °°' `b' :;:n`�`9 g-- o=; w m o°,w �'� � �"�"' ��'°-� c co o c�'o �e o-� a'o c�o�o.� cocool�e°X' °°`9n.yn. `�CD� o R�o'�-+�.�v•,ya�'3w,., ��mv, c'���.a� 5'C0� c��oyCi �, .�.�b°v,:�`•<c�um'a'•oo'xoc w.a ?: 5'`� s�'cr� �n `� d� n��F �a� �� '�0 5 co �., 5 m o o� �o »5�n: ooacov,�� co�c�... »'w. o o �noiemoaoa c000a�.,,o�n .� • . ,,� � • . � i tr �'C � � � � � � own Center/Some concerned about city's handling of proj ect continued from page 1 �+i�h Brian Birch any different than ,!ny other landowner," Mertensotto �:�i i in a phone interview. "If there's nu sense of agreement, then I ::uppose you might say you're not i'�ing treated fairly." At a July 31 Planning C��mmission meeting, Birch said he w;mted to develop a stnior center on hi�, land. He requested that the city pc�st ne rezon� that land so that h� cou ave t�me to produce Lumplete I�ans for the center. Real estate agent Steve Eriksson scnt a letter to Birch as well as to l�win City Stores and Tom Thumb �nJicating the city's desire to ;�urchase land that each of those �,��tities owns in the Town Center .�ica. If an agreement is not reached, i�v officials said Mendota Heights �., �villing to use eminent domain to take the land. The city has cited attorne -client _,�rivilege__..�ariih EriT:ss�o ,n and council members will not reveal the prices they are ne��.��tiating. ' You need some confidentiality," Council member Jack vtelli said in a phone interview. "Otherwise you reset all offers to the max the city would eotertain." Mendota Heights officials said the city hopes to reach an agreement with each of the land owners. In some cases, that process may be difficvlt. "I want you to know you're goin� to have_to_Sak�.mg by eminent domain," Birc 'd at Tuesday's meeting. "I will not step down." Other people have voiced concern over the Town Center. Sten Gerfast, a Mendota Heights resident of 31 years, is a member of Mendota Heights Neighbors, a group of about 75 citizens (whose numbers tend to fluctuate) that is concemed about the way the Town Center pro�ect i's being execu�. The Mendota Heights Neighbors are worried about traffic density, residential density and maintaining business on the south side of Highway 110. Gerfast said he sees several symptoms of a city council that_i�, out of control. One example he cites is the council's July 10 hiring of t6e law firm Faegre and Benson. A Town Center expenses statement with records from 1999 to July 10 of this year shows that the city has paid the firm $39,849 in fees so far. Eriksson's fees, while not listed on the report, are $200 per hour with a cap of $25,000. If the cap is reached, Eriksson will stop working until the cap is raised. The contract can be terminated at any time by the �ty. Mg�,�cntt� was the only council member to vote against using outside firms to handle negotiations with property owners and did_no� a�pear_ at a__meetigg where the preliminary draft of Town Center guidelines was presented. Mertensotto said he_ was "makine a stateme�tt" by not appearing and that he would have preferred the council to handle negotiations d'uectly with its taxpayers. However, he maintains that the Town Center ptoject as a whole is viable and a good idea. Vitelli said there ue several good � � reasons for hiring professionals. "No city has spent S305,688 as of July one on the council or no one on the 10. The project has a cap of $4.5 city staff is a professional real estate million. That money is to come from negotiator," vtelli said. "When you tax increment fmancing and is being undertake something this large and used for land acquisition, public complex, I'm very strong in infrastructure and market feasibility believing you've got to let studies. professionals do this. You can make "If we acquire land, you have an a mistake and it will cost you five to asset on the city books," Ytelli said 10 times what Faegre and Benson adding that the money can only be will cost you." spent on approved projects of which �telli also said that some of the Town Center is one. "If we, the landowne.rs hav.a _8 IeveL__s�� citizens of Mendota Heights, don't animosit�+ toward thgt s�ity that made use the money we set aside as ', having an independent negotiating taxpayers, it will be forfeited to I party a good idea. another city, another community or Gerfast said he's co�ncerne� the state." because the city seems to be ready to Most of the money spent on land force landowners.. to sell. "I have acquisition will be recovered when absolutely no financial interest over develc�pers purchase the land, vtelli there. I do_have_ an aversion to_ said. eminent domain." Gerfast said he is Mertensotto said the money being -�-------. _ .._ not looking to siiik the project. "I'm spent on pmfessionals worries him. trying to be positive with realism," "[The council'sj lack of_control is __a. __ he said. what concerns me,"1Vlertensotto Concems have also been raised said. "It's so easy to spend the about the amount of spending on the public's money. If the council project. Billing records from the city doesn't [guard] it, who will?" dating back to 1999 indicate that the N Freeway Road Proposed Redevelopment Site W E � (Parcel Owners and Size) S Approved by City Council December 1, 1998 I ��� = 2��� 1. Twin Cities Stores, Inc. - 0.48 Acres � 2. Tom Thumb Food Markets - 0.99 Acres s� 3. MHVS Ltd. - 0.78 Acres ` 4. Brian L. Birch - 0.79 Acres 5. Lorraine Hohenstein - 0.61 Acres . 6. State of Minnesota - Approx. 13 Acres 7. Lorraine Hohenstein - 2.00 Acres 8. Lorraine Hohenstein - 0.90 Acres . 9. City of Mendota Heights - 2.22 Acres � � 0 ''� • � /`� ��� page 76 .i .. �,� City Of Mendota Heights Total acreage is approximately 22 Acres. /�' ° 3 �� �—� � ��� `- - - -� / � r,e.il.s i \� � ------ ---- --------------- ---- - -----�--_ ----'– — -- ' €� Ya'!. '- ` . . '. � : -. . 1. O �._+.-+�- ' . ��_�.�_�._ _.._ '_ . . P �'Y� � .►-�.-��-' page 77 � � �'i City, land owner s�il_� at odds over �J future plans for podd/110 corner by B311 Wagner Disagreement has surfaced once again between the city of Mendota Heights and resi- dent Brian Birch over a par- cel of land near the intersec- tion of Dodd Road and High- way 110. Birch, who is the underly- ing owner of 3 acres of un- developed land located be- hind the Tom Thumb store and Mendota Heights Animal Hospital on Dodd Road, said he would like to buy back the land from the Minnesota Department of Transporta- tion (MnDO'1�. The city, how- ever, would like the land to remain in the public domain in case an overpass is ever built over Highway 110. The long-time dissent over the future use of the prop- erty seems to be coming to a head, though. The city has commissioned a private firm to do a telephone survey of how Mendota Heights citi- zens fee] about Dodd/110. The firm is in the process of preparing a list of questions that will be asked of 400 homeowners, who will be chosen at random. Mayor Charles Mertensot- to said the results of the sur- vey will weigh heavily on the City Council's decision on what to do with the prop- erty. A final council decision could be made within two months, he said. Birch, however, is doing his best to make his displeas- ure known. He originally wanted to set up a heating and air-conditioning business on the site, but said the city �� f 7�Q��0S� �9� ��� thwarted his bid by stipulat- ing that the venture be limit- ed to six employees. 4 �� His new proposal is to --� build a senior center on the ��� site. The center would in- G�� r clude a putting green and ��¢,.ipif� l� croquet or horseshoe court, �/L` `93, and be complemented by ad- jacent tennis courts and a day-care center. Birch said MnDO'1' has held the easement an the property for more than 30 years and has no future use for it. The easement was originally given in case Dodd Road was ever realigned to intersection 110 at a right angle. Mertensotto stressed that the city cannot part with the land without careful research because the current at-grade intersection is dangerous and might need to be altered at some future date. City officials contend that Highway 110's steep grades necessitate the construction of an overpass in order to provide safe passage across the freeway for pedestrians and bicyclists. Before warn- ing lights were installed, motorists on 110 often had to brake sharply to avoid skid- ding through the intersection at Dodd Road. But Birch argues that High- way 110 does not have steep grades by MnDOT standards, and that a culvert under the road would be adequate for allowing pedestrians and bi- cyclists to safely cross the freeway. He added that, if the overpass is built, it would negatively impact an envi- ronmental area that includes a walking trail and creek that has become home to sever- a] beaver dams. Birch has gone public in an effort to bend opinion his way. He circulated a press release criticizing the City Council for wasting taxpay- ers' money by implementing the telephone survey. And he said the city should have mailed questionnaires to ev- ery city resident, rather than surveying a select 400. He added that the over- pass would cost $6 million, not $2 million as estimated by the city. "Basically, the road would go nowhere and serve very few people," he said. Birch has devised his own version of survey questions for citizens to respond to. Those queries include wheth- er the city actually needs an overpass, or if an underpass would do; if right-hand turn lanes could be installed to the existing Dodd/ 110 inter- section; if residents would be willing to have longer lights at the intersection; and at what cost would they be will- ing to pay for improvements at the intersection. Mertensotto said the City Council decided to use a pri- vate research firm for the survey because it would pro- vide expertise that volun- teers could not. "They're professionals," he said. "The findin�s will have much more validity. This study will be a guide—it will tell us what the people are thinking." The mayor added that he doesn't know how Birch ar- rived at his overpass esti- mate of $6 million. The S2 million figure came from the city's engineering staff, he said. -• �'* `_�4��.t� ��'�\'��\�\<�" s�r. � i"'�,. 16A—So._5t� �aul-Inver GroMe Heig`�; �st�St•�Pdul-Nlendota lieights Sun•Currer �� 7�( Mendota Hei ts �� poor � idea, maybe even To the editor: In your article July 15 called "City wants to save land for possible bridge over Highway 110" it was very misleading to the public, and hotly debated. Had I not been at the City Coun- cil meeting,l would have guess- ed that Mayor Mertensotto and his staff wrote it. What the Ciry Council, the city planner John Uban, and some of the city administrative staff are doing suggests to me a"sell job" of a very poor idea, and one which in fact may be illegal. lwvice now our city has told the '�ewspaper to print the proposed iyi�way cost at $2 miIIion. I am on record stating that the pra ject will cost �6 million. Who is trying to deliberately deceive who? I researched my figures with the Minnesota Department o� Ti�ansportation. At a later date, I will detail a much better propc�al, which will meet safe- ty, economical and city task force guidelines, which the city plan does not meet. The simple map that was used to sell the project in the paper was misleading too. Check out a few things: extensive land fill is needed; high elevations from trail to roadway; severe en- vironmental impact to naiuraI wetlands and meadow east of the shopping center and adja- cent to Dodge Nature Farm; ex- tensive cuts, slopes and filling all along roadway; remuting creek and bridge; adjacent land has access and development problems; city dump might be enlarged in the northeast over- pass quadrant; purchase of shopping center land (1/5 mile); farther setbacks for busines.ses along South Plaaa Drive; and a dangerous tee intersection and traffic light on a 40 mph curve. This new road is going to be labeled Highway 149 just to manipalate state money, but yet it has to access Highway 110 at the present location. That makes two highway 149s, which add.s confusion, and downgrades business. MnDOT should not even be a party to this "set up" by our city. This money s' comes out of our pockets, and ' not a gift. illegal From �your article you said that I am trying to get 100 per- cent ownership of the entire right of way. Wrong. I have been trying over 20 years to exercise my "Lis Pendens Rights" to that portion of land which was originally taken ftom my land over 30 years ago. The 19�5 Cen- tral Task Force Committee, made up of local citizens, re- jected the use of this right of way, and recommended return- ing it to the underlying fee owners. Is that aslring too much after 30 years? If this new road- way is built it won't be long before they pi�sh to c�t Higizway 149 through the �iendly Hills area again, which was rejected by the task force report. This new road violates all five of the protective goals that the task force has set out in its report. Even the firefighters re- jected this plan because it af- fects their emergency response time and safety. We all need to ask the ques- tion, "Who benefits?„ Personal- ly, I would since I would be one of a few persons fronting on this $6 million road. But, I oppose it because it is such a poor idea and few people would choose to use it. This new ro�ad wii� tifvic2e and divert traffic away from our present businesses along Highway 149, causing many to vacate. This is not ethical or smart to do so. I personally believe that there might be a personal agenda behind this "sell job." Mayor Mertensotto admits to not knowing a number of things that I have just written, but he is still bound and determined to build this road. He puts down the opposing voice of the people, as well as keeps the council members silent with his rebuffs. He has had to prolong this issue, because of loca] opposition, then choose to delay action 60 days in order to silence the opposition out there. That new date is �es- day, Sept. 15. Elections in November will give the citizens the opportunity � to select a mayor and council members who will represent the � people fairly and courteously. Brian L. Birch --- i hts to con ���er Mendota He , g „� a e 79 ' � " � <��� F"a�i�ayiao`'� •+ 3 Q q op �U p`�i y � Cd �F O .� � � ^J a � y'� ��a� °'�o� u �• � r,a y� ��� �������� � � � y "� a � � �"� � V y � A,,,d '° � c a •� a�� y j,�+y w �O � O�'�OC �`�'" �C �.d C� O 0 �y� �3���'c�3r" ��a.saa,o a �sax ;; y o v��g,� `�� �i;q � c`�ua`�iA.e� `�3�ac�e3U cd �C �'r' ►°�. w o0 00 ,: w� � � a,a� rya ° � c��3 � �a�������,a �,v j3 Gi O '9 y �3 � ,� �O � G 'J �c �°v�'�v„a �z3 •7� � G'd 7� �� > o�ov' o o ,,� > o w �. . y.b 3�c F„ � G� ����=���v:���°� � � 3 �'�� o� � ; �� � a� 'ti a cx ,� ,� > ,�g � �a`,.� o °.a�b a a�i �� a �V .� ;'� C e� �. .+ n� cd O O N e`� � � �,,, . _ � - � � 3 A � Q �3 a� • p g Dodd Road relocatlon �..; -., t � r �;,�• . �%� :� :�� _ �`'�ts,� . by Christlne Wroblewak! Bicyclists and walkers who want to cross at the intersection of Dodd Road and Highway 110 in Mendota Heights during peak traf- fic hours have encountered diffi- culties for years. Because the intersection does not accommodate turn lanes for ve- hicles, and because there a few oth- er locations for pedestrians and bikers to cross Highway 110, safety and traffic circulation problems in thac area have come to the attendan of the Mendota Heights City Coun- cil. Bikers, pedestrians and com- muters find themselves compedng for their chance to tum, cross or move forward safely. In the past 10 years, at least 25 accidents have been reported at ti�e intersecdon, according to the Men- dota Heights Police Department, and about six of those acciclents in- volved hit and run accidents or ar juries. In an effort 10 deal with the cir- culation problems at that intersec- don, the city has developed a con- cept plan to relocate the through uaffic along Docid Road, while at the same time alleviating circula- tion problems. On Tuesday, July 7, the council wiil host a community discussion about the problems at the intersec- tion and city staff will present to community members the findings of a study conducted in the area ove'r"7t ie`�a�s �ew mont�s. 'NVE WANT to show the com- munity what we have found in our study," said City Administrator Tom Lawell. Essentially what. ihe the city has foend, according to Lawell, is a need to re-route commuter trafHc and motorists wishing to follow Dodd Road northbound or soulh- bound without turning onto 114, around Mendota Plaza and over Highway 1]0. i'i�� Limc�j�t ��latti Prescrvcs thc ��,�n � � . �.N; ,� ;�> �) �` Dodd Road � ; Relocatfon- •� i Concept Pian 1� 6/5/42 Sketch of proposed Mendota Heights Dodd Road relocation plan existing intersecdon, but also pro- vides for a bridge over Highway 110 east of the current intersection. Sontb Plaza Drive would be ex- tended and curved to the north, crossing over Highway 110 and co�necting back into Dodd Road north of Fieeway Roxi. _ , � ' : ` "The idea is to separate the turning movement traffic from the through movement traffic," Lawell said. 'The plan's intent, added Lawell, is to increase safety at the cunent intersection, provide bettec circnla- �on ga oommutex traff'ic, and also to enhance circulation into com- mercial areas of the city. BOTfl HIGHWAY 110 and cld Roacl (al5u krn>w���� 1s Ili�l�- way 149) are state-owned higl ways. The Minnesota Departme of Transportation (MnDO'1� is ta' ing an acdve role in We develo� ment of the concept plan, and is e pected to pay for a majority of d improvements if the plan is a; �proved, according to Lawell. The project is expected w cx about $2 million, said Lawell. A� wfiaiifi"e sfate does not pay w mosdy likely be paid for with M nicipal State Aid funds. "So we're really talking aba vety liule �iry mone�," Lawell sG ed. - -- For 30 years t6e state has � tained easements along a stretch Dodd Road . . . 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I q j v /� � �` � i�; . � .''� / � ! � � Q f.' 1� .� I j�� i.� `� i ,'�', �'� s�� ,: r- w A 8 ; I � �� \� + �r� ' � � � I ` � � \l'' 4 %' � ' +', � � p � N < <! � �P � �,�°,�'.'_ � A.. ' ;,�.. O 4� _ ,�� � i� . `hJ�� Q �� `� ,� r : �.�� � 2 � ;i � � � ,v � r. , �i. r,' � N � M � i ! �� 3 `��°� � �----- - --- ti •,.;�:-.:ii ,'��.'� ' a.. p�p � � l��_�_'_ 90UTF1 plA2A ORIVE�__�--.... --. ,r,�`.' .; •aa.v�AtJff'i=�fi#.�`��;; � � : _ � �f �r i.. �^� � �� � 1 '���:'it� ���si�r — — „ � r s � I ; � � � L�,�---� .i � ! , � ,� ; �. � ; � ..�• ! ' • ' � � ` ` '''' -- - — — " ". � � .. � , � � _ __ � i' � Z7 , -- _ -- -- i_r • �� , , = = ==-- '� 's a �1 � �7 a � _- - -�-�--' � ' � \ �� �-- -- _������"� � ^ - --L�- - ---� /� � ' . � � � ; �7 I . - , _ page 81 � � �"�' P #38: David M. Lilly - acquired 5/1/72 5.03 acres acquired by condemnation� 31.1 acres remainder 3/58 311.500 - settled prior to trial �39 Brian Birch - acauire 9/27/73 755 Willow Lane, Mendota Heights 4.07 acres acquired by condemnation, 1.17 acres remainder 5/58 322,500 - appeal settled prior to trial Correspondence in parcel file from Birch challen es us from using borr� ow materi 1 on highways other t an or 149 for which the easement was acquired--he makes 000��_. John Sandahl is familiar with this situation. �40: Sigurd Solland - acquired 2/8/68 0.36 acre acquired by condemnation, 2.04 acres remainder 7/57 55,200 Snow fence easement has been reconveyed. �41: Lorraine F. Hohenstein (widow) 1898 Dodd Road� St. Paul 122,150 Sq. Ft. acquired by condemnation 7/57 517,600 �42: Village of Mendota Heights - acquired 4/16/71 6,700 Sq. Ft. acquired by condemnation 7/57 51,100 �43. 44: Gerald A. Grove - acquired 9/29/78 943 - 15,200 Sq. Ft. acquired by condemnation 7/57 51,500 f44 - 9,200 Sq. Ft. acquired by condemnation� 10,600 Sq. Ft. remainder 3/58 51.750 - appeal settled prior to trial. .,,, #45: Village of Mendota Heights - acquired 5/17/71 3,000 Sq. Ft. acquired by condemnation 7/57 5650 .'�,\ ���� � page 82 g� 7aS The VOICE July 15, 1983 Page 4 Mendota Heights Council news Hwy. 110-Dodd Aoad c rossing plan nearing decision stage, council told by John Gessner Mendota Heights City Planner Howard Dahlgren told the City Council July 5 it must move quickly to decide plans for a new or remodeled Highway I 10-Dodd Road bridge crossing. Dahlgren said the state "is talking about building it" and has put the project on its schedule. Dahlgren also urged the council to adopt his plan for the crossing, which moves it just east of the Mendota Plaza Shopping Center and reroutes a stretch of Dodd Road. Dahlgren has repeatecily said a new crossing is crucial to the development of a downtown shopping area near the busy intersection. His plan, he said, would make more land available for commercial development and would make the area more accessible to cars. A Minnesota Department of Transportation official said last month that work on a newcrossingcould begin by 1988, using state and federal funds. Dahlgren said the council should address the issWe as soon as possible, to ensure that the state keeps the project on its schedule. "Now is the time to move on it," he said. 7iie city must move quick(y, he indicated, because so much remains to be done — the biggest part of which is pushing for citizen approval. Property owners who would be near the new, rerouted stretch of Dodd Road called for in Dahlgren's plans voiced their complaints in a stormy public hedring last month. Dahlgren said that if Dodd Road should someday need four lanes to accommodate traffic, it might handle more than 10,000 vehicies daily. Many citizens said they do not want a busy highway close to their homes. Others expressed concern about possible harmful effects high- way construction could have on local environment. But Dahlgren said dirt barriers, called berms, could be built along roadsides to help ease homeowners' worries about the nearness of the highway. (There were few public comments at the July 5 council meeting.) Department of Transportation plans originally called for a full diamond interchange at the new crossing siie. But Dahlgren rejects that, caltin� instead for access ramps to Highway I10 extending only to the west of Dodd Road. Some of the state-owned land that would be nceded for the full diamond could then be vacated for commercial development, he said. Dahlgren, repeating thc themes of making land availa- ble for development and providing access to the shopping center, said, "To... put in a diamond interchange, i think, would he a mistake — it would have � disasirous etfiect on future development of Mendota Heights." Dahlgren said state officials studied his plan and found it fe�sible. However, there is a plan calling for a bridge and a diamond interchange at the existingcrossing. It was introduced by Brian Birch, 755 Willow Lane, at the June hearing, and citi�ens greeted it warmly, Birch's �lan calis for no rerouting of Dodd Road. Dahlgren said state officials had studied that plan also, but restated his doubts about it. "It creates a problem in the terms of access for the rest of the business area," he said. Dahlgren also xaid Birch's _ D�.1.{1..1YL2U.�L� Cl'tliJ�iLC [�liil_Lli4;_CiiY Jllt!'..�I]1C.SNrr��i�n��in�, 'SUOISSIt170P. nID. •,. ` � - a,_ .. , �' ��, ,` _ � . , .. . ..e �� _ . _ , . : 4'- ��.�. --. �� F^ �: . �. . - � , �`� � � ' �ti *� � x '+, .''� °� e .� t m -z �♦ ! ' • � , ,� • 1 \ '� i "�y`e.``�! �.����.�~.,�.�\�����a����'''t°r.���.�`��.'�^`'. � -,'���� \'��'.`�.� *�.\'�.��'`� �"`'a '�..�`�-`R. 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F_,- ; . . . . _ -- - . _ _. .. .� . ; .. .. � � _ _ , . . _ . ._. ,. �. _ r i�� �� . ,__...' � � -..o-. -..Y r � i. �.� .- .. �.1---'—�-------._.. . . �._...----__ . , — -- j'f._�t . . --.. .� ,f ' . la.i" ��v-_..' . � u�,.a • - + � � � - . . ► ".�' ° - �-�r .'1.- �'-'�n- "1"a r� � t� - • �' `.�. i�l;_. � W"' �_ . _ ' -. -t• FY _ §'� ) �1 �y ' �`-��i t� '!'4 ` ..,�.t��. - �'��� . �l �y'����'7� . ` �' �� _ . - .. . . . `{;. --�'�" � - . . . ... . r 7 . . . . . � •b,y� . ♦ - ,�► ��-"�}ifJ`�.. � � . " .i r da� w+ +dt . ,� ,.c" < - s — '��r _�. �.�. � .tl �i`V I�;�-`� �. �. �, .. : �'Y'�r'+ , �y`� . f�,'{,� ' � ,� '�,�.e/',• ,: . �' �T. =���ib �- ,G.� f �- �; �#� p` F .� � s� �-9r� M4�,��'fc � e�I"�j � . � � ` . �•• � t � '�� . � w �t • . _ _ ' "" r ��'. !�.;� w . � - •?'�,� - . +�`. . . ' . . �' }' ' t. � -• - , i . , ' . . ' � 7 . �. � .. .. J _.. � _. . - �_. Jj •. �J y.��r�. ' e„��iay�.y- _ :t .._� _ -r _ lo....,_a ,,.:�-' _- �,e.r+� - _ � -�-r-, sy1K: i1�y,wn.+" _. .r►� � 'a.r' f 7,. f. !^ , � �� "� � � ,. _ . .� Original TBC drawin� 1973 _ � � CITY OF M�N��TA H�I�HT� page 84 �c� �d i r����� � °���e�,� i���,�,��� r r�� ������ 651.452185�� E�hone � �51A52894�0 lax, ` www.mendota heights.com _ DATE: November 17, 2015 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Broadband Joint Powers Agreement COMMENT: INTRODUCTION The City Council is asked to enter into a Joint Powers Agreement (JPA) for the Dakota County Broadband Board, for policy governance of the proposed fiber optic broadband network to member agencies. The Council is also asked to designate one of its own to be the Board member to represent Mendota Heights, and a second member to be alternate. Finally, it should authorize an initial membership payment. BACKGROUND For more than a year, city staff has participated in the Dakota County Community Development Agency-led study of the provision of broadband fiber to the various governmental jurisdictions in the County. The consultant who has coordinated this study, former Burnsville City Manager Craig Ebeling, has appeared befare the Mendota Heights City Council twice in workshops to make presentations and answer questions. The discussion continues, and is now at a point where more formalization of the ability to govern, and make policy decisions for the proposed system is needed. A JPA has been drafted which will establish a board and its powers, and identifies initial membership costs. A copy of the JPA is attached. Also attached is a memo dated November 2, 20l 5, from Mr. Ebeling and the CDA"s Lisa Alfson which provides further description about what is contained in the JPA, and provides more background about the study to this point. It should be emphasized that that the Broadband study is complete. At this point, we are finishing Step 1. With luck, Step 2, which will provide for more cost, technical, and feasibility evaluation, will be done by the end of June, 2016. What is needed now is for each of the page 85 prospective member cities (those Dakota County cities over 10,000 population), the Dakota County CDA, and Dakota County, to make an initial statement of participation. This is still at an "agree to agree" level, with initial costs being modest enough that any participant may withdraw after June 30, with minimal investment being lost. Also needed is for the City Council to appoint a member and an alternate to the JPA Board of Directors. By state law, membership must be made up of elected officials. It is anticipated that this Board will not have a significant number of ineetings; once is it up and running, it is anticipated that it would meet no more than quarterly, and perhaps once or twice a year. This Board will be focusing on governance and policy issues, not unlike with what the City Council normally deals. Mayor Krebsbach has indicated an interest in serving as the City's Board representative, as it relates to her work, and her involvement with similar networks in other states. In addition, if no one else is interested in the alternate position, Councilor Duggan has indicated a willingness to serve. BUDGET IMPACT The cost to proceed to the end of Step 2 is $170,763.50. One third of that cost is being paid by Dakota County, one third by the Dakota County CDA, and the remaining one third by the member cities, proportionate to population. Mendota Heights' share is $166123, which would come from the Cable TV Fund. RECOMMENDATION Participation in the JPA will keep the door open to an eventual connection to the Dakota County Broadband network. From a global perspective, that should allow the provision of Commercial Network (GNet) connections to the city's commercial properties. That will help the Industrial Zone and others to remain competitive in an ever-increasingly interconnected business world. From a shorter term aspect, it would provide the City with an alternative to the NDC4 fiber connection, for which there is currently some uncertainty as to whether the City will be able to continue to receive it at no cost. I recommend that the City Council authorize entering into the JPA; to appoint a Board member and Alternate, and authorize payment of the Initial Membership Fee. ACTION REQUIRED If the Council concurs, it should, by motion, approve the following actions: 1. Authorize the City to enter into the Joint Powers Agreement far the Dakota County Broadband Board; page 86 2. Appoint one member of the City Council to be the Mendota Heights Board member; and a second one to be Board Alternate. 3. Authorize payment of $1661.23 for Mendota Heights' initial membership fee, payable out of the Cable TV Fund. Mark McNeill City Administrator page 87 Date: November 2, 2015 To: City and County Managers From: Craig Ebeling and Lisa Alfson Subject: Joint Powers Agreement The Broadband Work Group met on Thursday, October 15, 2015 to review the draft joint powers agreement prepared by Barbara Portwood, the attorney provided to us for that purpose by the Dakota County Community Development Agency (CDA). Based on that review changes were made although only a few were substantive. Ms. Portwood has incorporated those changes into the attached document. We believe that we are now ready for you to process the agreement with your elected officials to enable the formation of the entity. Our target is adoption by all members by December 31, 2015. We realize that this is a busy time for you with your budget and levy approvals taking time on your agendas. Adoption could be pushed into 2016. But we fear that we will lose momentum by setting the schedule back. We hope that the work sessions that we have attended with your officials will help in this endeavor. We offer a few thoughts as you process this with your attorneys and elected officials. 1. You and your staff people have worked very hard on this agreement. Attorney Portwood remarked that she was very impressed with the thoroughness of your work given the complex nature of this undertaking. Our point is that this concept and this agreement have been as thoroughly vetted as possible at this point in the process. 2. Because of the complexities involved, you have adopted the "agree-to-agree" approach. As you will recall following this concept, despite the large amount of work already done to fully understand how the Board will function, the agreement provides for still more detailed investigations to take place before a FINAL commitment needs to be made. 3. Following that line of reasoning, the "policy-risk" for entering into the joint powers agreement is quite small. If after the additional investigation is completed the arrangement just doesn't seem right for your agency, you would simply serve notice of your decision and no additional costs would be incurred. 4. Your work group has crafted the Initial Membership Fees to be very modest. (See attached Dakota Broadband Board — Initial Fee Computations). Of course this was made possible by the tentative decision of Dakota County and the CDA to bear the brunt of the cost. This was by design — the intent is to make the "cost-risk" so small that everyone can stay in the process for a very small investment. Indeed it would seem a bit imprudent to NOT be involved given the investment that is required. S. Attorney Portwood advises that despite the good work already done, the additional investigative work of Step 2 may well point up the need for amendments. Our point here is that given this likelihood, the opportunity to weigh in on potential amendments later and the above described aspects of the process, extreme time-consuming scrutiny of the document at this point in time may not be as warranted as with other joint powers agreements. 1�Page page 88 6. Having said all of that, if your attorney feels the need to discuss the form of the JPA, Ms. Portwood suggests that she convene either an in person meeting or a teleconference with member attorneys. Please advise us if your attorney feels the need for such a session. If there is a minor question not requiring a conference, Ms. Portwood's contact information is as follows: Ms. Barbara Portwood 150 South Fifth Street, Suite 2300 Minneapolis, MN 55402 barbara.portwood@stinson.com Direct Dial 612.335.1594 7. As set forth in the JPA if your elected officials approve of the agreement, please advise the Dakota County Community Development Agency (CDA), to the attention of Lisa Alfson, Director of Community and Economic Development. (The CDA has agreed to continue their administrative support role until the Board is operational.) Payment of your Initial Membership Fees should also be sent to the CDA, checks payable to the Dakota Broadband Board. At this point the Initial Membership Fee is the known 2016 fiscal impact for your agency. Potential future fiscal impacts will be identified as a part of the Systems Plans preparation. 8. Similarly please advise the CDA of your designated Board representative so that our initial Board of Directors meeting can be organized. Attachments: Dakota Broadband Board -Joint Powers Agreement 2�Page SLS Draf't: 10/30/15 JOINT POWERS AGREEMENT DAKOTA BROADBAND BOARD Dated as of December 31, 2015 page 89 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. page 90 Table of Contents Statement of Purpose and Powers to be Exercised ...............................................................................1 Manner of Exercising Powers; Creation of Dakota County Broadband Board .................................... 1 DefinedTerms ......................................................................................................................................1 Participant............................................................................................................................................. 3 Board..................................................................................................................................................... 5 SystemsPlans ........................................................................................................................................ 7 Acquisition of Interests in System Components ................................................................................... 8 Ownershipof System Components ....................................................................................................... 8 Expansionof Systems ........................................................................................................................... 9 Operating and Maintenance Cost Sharing ......................................................................................... 9 Financing Backbone Completion Projects ...................................................................................... 10 RevenueGeneration ........................................................................................................................10 Establishment of a Relocation Pool; Submission of Capital Plans ................................................. 11 Default; Remedies ........................................................................................................................... 11 Limitation of Liablity; Indemnification .......................................................................................... 11 Termination of Board; Disposition of Assets .................................................................................. 12 Amendments...................................................................................................................................12 page 91 THIS JOINT POWERS AGREEMENT (as amended from time to time, this "Agreement") is entered into as of December 31, 2015, by and between the parties described on Schedule A attached hereto (the "Initial Participants"), pursuant to Minnesota Statutes, Section 471.59. 1. Statement of Purpose and Powers to be Exercised. The purpose of this Agreement is to provide for the joint exercise of the statutory powers common to the Participants (defined below), to establish, operate, maintain and improve the Systems (defined below) for use by the Participants and potentially other users; including, but not limited to, the power to enter into agreements necessary or convenient to the exercise of such powers; to establish fees and charges with respect thereto; to acquire, own and convey real or personal property; to issue bonds or obligations under any law under which the Participants may independently issue bonds or obligations, and use the proceeds of the bonds or obligations to carry out the purposes of the law under which the bonds or obligations are issued; and to take such other actions reasonably necessary to the establishment, operation, maintenance and improvement of the System (together with other powers described herein, the "Joint Powers"). Notwithstanding any other provision of this Agreement, the Board shall not have: any power of eminent domain; any taxing powers; any power to pledge the full faith or taxing power of any of the Participants for any purpose whatever; or to issue general obligation indebtedness of any Participant. 2. Manner of Exercisin� Powers; Creation of Dakota Broadband Board. The Joint Powers of the Participants will be exercised through a joint powers board, which is hereby created, to be designated the Dakota Broadband Board (the "Board"), having the powers and duties described herein. The Board is authorized to exercise the Joint Powers on behalf of and in cooperation with the Participants as provided herein. 3. Defined Terms. Capitalized terms used, but not otherwise defined, herein shall have the following meanings: "Administrative Funding Plan" means the plan to be developed and adopted by the Board pursuant to paragraph S.E.ii hereof, identifying the process and cost of the preparation of the Systems Plans, and providing for the operation of the Board through the date on which the Systems Plans have been adopted and the deadline for Participants to withdraw pursuant to paragraph 6.D hereof has passed, generally consistent with the outline of elements and costs shown in Schedule B. "Agreement" has the meaning given in the first paragraph of this agreement. `Backbone" the central portion of the network consisting of redundant optical fiber ring segments interconnecting diverse communications netwark elements (switches, routers, etc.), including connections at the colocation facility or facilities. Generally, the backbone capacity is greater than the networks connected to it. page 92 `Board" has the meaning given in section 2 of this Agreement. "C-Net" means the use of the System on any basis other than by the Participants for their governmental and institutional purposes "CDA" means the Dakota County Community Development Agency, and its successors and assigns. "I-Net" means the use of the System by the Participants for their governmental and institutional purposes. "Initial Participant" has the meaning given in the first paragraph of this Agreement. "Initial Participation Fee" means, as to Initial Participants, the non-refundable fees identified on Schedule A hereto next to their respective names, and for other Participants, initial fees determined by the Board as provided in Section 4.0 hereof. "Joint Powers" has the meaning given in paragraph 1 of this Agreement. "Operating and Maintenance Costs" means all expenses relating to the operation and maintenance of facilities owned by the Board or used in connection with the Systems, including but not limited to, labor, contracted services, energy costs, monitoring costs, system configuration cost, switch-related costs, relocation costs, break repair costs, marketing costs, insurance, taxes, fees or similar charges. "Participant" means the Initial Participants and each other qualified governmental unit satisfying the requirements of paragraph 4.B hereof to become a Participant, not including any Participant who has withdrawn from the Board pursuant to paragraph 4.E hereof. "Participation Fee" means an annual fee paid by each Participant as described in the Systems Plans or by-laws of the Board, which will include, but not be limited to, a fee (which shall be an equal amount for each Participant) in exchange for the Participant's use of the I-Net. "IRU" or "Indefeasible Rights to Use" means agreements between a Participant and the Board, on behalf itself and all other Participants, with respect to the use of System Components in which the Participant has an ownership or other legal interest. "Supermajority" means a vote of two-thirds of the members of the Board, counted as one vote per member or on the basis of Weighted Voting, when required. "Systems" means the telecommunication infrastructure necessary for the Participants to provide more robust broadband, I-Net and GNet services within Dakota County, including, without limitation, iiber optic cables, hand holes, switches and routers and other network elements. "Systems Components" means the various necessary or convenient elements of the Systems, including, without limitation, fiber optic cables, hand holes, switches and routers, together with contract rights and agreements necessary or convenient in connection with the operation, maintenance, development and use of such components. 2 MINNESOTA/2003654.0005/ 12420934.6 page 93 "Systems Plans" means a plan or plans defining both the physical aspects of the Systems and the methods for funding or financing the costs associated with the operation, maintenance, and development of the Systems, to be developed consistent with the requirements of paragraph 6 of this Agreement. "Weighted Voting" means a vote of the Board in which each member's vote will be weighted on the basis to be set forth in the Systems Plans, provided, however, that if any one member would have a weighted vote which, by itself, would determine the outcome of any vote, then its weighted vote will be capped as provided in the Systems Plans. "Withdrawing Participant" means a Participant that has given notice of its intent to withdraw from the Board pursuant to Paragraph 4, prior to the effective date of such withdrawal. 4. Participant. A. Gene�al. Every Participant shall be a county, city, town, school district, or other unit of government whose jurisdiction is within Dalcota County, and who has the authority to exercise the Joint Powers under Minnesota Statutes. B. Initial Participants; Initial Participation Fee. The Initial Participants shall have the rights and obligations of Participants hereunder upon execution and delivery of this Agreement and payment, on or before December 31, 2015, to a fiscal agent appointed for the Board of its respective non-refundable Initial Participation Fee. The aggregate of the Initial Participation Fees described on Schedule A is intended to be an amount sufficient to pay the certain costs identified on Schedule B attached hereto. Such fees have been allocated to the Initial Participants using the formula that was used for cost sharing far the initial Design Nine study. Accordingly, in addition to the fees paid by the Initial Participants, the CDA shall contribute $56,921.17 toward the cost of the Administrative Funding Plan and the Systems Plans. C. Additional Participants. In addition to the Initial Participants, any other entity described in subparagraph A above may become a Participant, subject to the priar approval of the Board, by: i. executing and delivering to the Board a counterpart signature page to this Agreement, indicating its acceptance of the terms and conditions hereof; ii. paying an Initial Participation Fee in an amount determined by the Board (which fee shall not be lower than Initial Participation Fees paid by comparably situated Initial Participants); and iii. satisfying such other conditions mandated by the Board at the time such entity seeks to become a Participant. D. Annual Participation Fees. The Board shall establish and collect, and the Participants shall pay, annual non-refundable Participation Fees, as further described in the Systems Plans. Withdrawing Participants shall continue to pay Participation Fees due and payable during any required notice provision under 4.D hereof. 3 MINNESOTA/2003654.0005/ 12420934.6 page 94 E. Withd�awal of Participants. i. Participants may withdraw from participation in the Board without incurring any financial obligations as provided in 6.D of this Agreement, following adoption by the Board of the Systems Plans. Withdrawal by any Participant after the period described in 6.D will be subject to the following provisions, as the same may be modified or amplified in the Systems Plans. ii. A Participant that has not provided any System Components may withdraw, effective immediately, by providing written notice to the Board. A Participant that has provided System Components may withdraw by providing not less than two years advance written notice provided to the Board, and by paying to the Board a"withdrawal payment" as follows. Such withdrawal payment shall be determined through a good faith negotiation between the Board and the Withdrawing Participant. The purpose of the withdrawal payment is to require a Withdrawing Participant to pay actual and direct expenses incurred by the Board or another Participant which are reasonably related to the Withdrawing Participant's withdrawal from the Board, including, without limitation, equipment relocation fees, leasing, and permit fees. If the Board and the Withdrawing Participant are unable to reach an agreement on the amount of the withdrawal payment, the disagreement shall be settled by binding arbitration administered by the American Arbitration Association, or in such other manner as is acceptable to the Board and the Withdrawing Participant. The amount of the withdrawal fee may be reduced to the extent the Withdrawing Participant and the Board enter into to agreements which extend the Board's right to use System Components of the Withdrawing Participant. The provisions of Section 7.A hereof regarding termination of IRUs will continue to apply to Withdrawing Participants for the duration of any IRU. iri. The withdrawal of a Participant will not, in and of itself, modify any agreements, IRUs or other contracts between the Withdrawing Participant and the Board or other Participants. In addition, each Participant who withdraws shall remain liable far all financial liabilities incurred during the period it was a Participant, but shall not be liable for any new financial liabilities incurred after following the date of the delivery of its notice of withdrawal. iv. Notwithstanding the two-year notice required for withdrawal under ii above, the Board and the Withdrawing Participant may negotiate a shorter notice period in exchange for an additional payment by the Withdrawing Participant, designed to satisfy ongoing financial obligations of the Participant to the Board. v. To the extent that IRUs granted by the Withdrawing Participant to the Board for System Components owned by the Withdrawing Participant continue beyond withdrawal, the obligations of the Withdrawing Participant to pay associated Operating and Maintenance Costs will survive such withdrawal. 4 MINNESOTA/2003654.0005/ 12420934.6 page 95 5. Board. A. Members. Each Participant shall be entitled to appoint two members of the governing body of the Participant as a member and an alternate member to the Board. The terms of each member and alternative member shall be as established in by-laws to be adopted by the Board, but in any event, shall terminate at such time as the member or alternate member ceases to be a member of the governing body of the applicable Participant. If the CDA elects not to become a Participant, it will have the right to appoint two members of its [staff or Board of Commissioners] as a non-voting liaison to the Board and an alternate. The Board may appoint standing and ad hoc committees including, without limitation, an operations committee, with the powers to be described in the Board's bylaws. Board: B. Gove�nance. As shall be further described in by-laws to be adopted by the i. Actions of the Board will be taken by vote of the Board in which each member of the Board shall have, unless Weighted Voting is required, one, equal vote. Decisions will be made by a majority vote except where a Supermajority is required. ii. A Supermajority and Weighted Voting shall be required: to approve or revise the Systems Plan and the Systems Funding Plan; to approve periodic budgets, including required contributions to be made by each Participant in support of such budgets; and to approve the issuance of any bonds or obligations of the Board. C. Purposes. The Board shall: provide the structure for administrative and fiscal oversight of the System; set appropriate policies far the Board and the System; maximize the use of resources available to the various Participants for the benefit of the Systems; and establish and oversee any appropriate advisory committees. D. Powers. The Board shall have the general powers described in paragraph 1 of this Agreement, including, but not limited the powers to do the following: i. To negotiate and enter into contracts, including contracts: for the acquisition of real or personal property and equipment; far employment, professional services and consultants; with wholesalers, subscribers, users, or resellers that desire to utilize the Systems; ri. To acquire, construct, manage, maintain, or operate any interest in the Systems and any Systems Component; iii. To apply for and hold any required licenses or permits; iv. To sue and be sued; v. To apply for, receive and utilize grants and loans; 5 MINNESOTA/2003654.0005/ 12420934.6 page 96 vi. To accept donations; vii. To issue bonds or obligations as permitted by law, by vote of a Supermajority of the Board, using Weighted Voting, provided that such obligations shall not constitute an obligation of any individual Participant; viii. With the prior approval of a Participant who has the authority to impose, levy, collect or cause to be collected communication impact or development fees, to levy such fees in lieu of the Participant; ix. To promulgate, adopt, and enforce any rules and regulations, as may be necessary and proper to implement and effectuate the terms, provisions, and purposes of this Agreement. E. Additional Powers and Responsibilities. In addition to the foregoing, the Board shall have the following specific powers and responsibilities, as further described and developed in the Administrative Funding Plan and the Systems Plans: i. To approve contracts with commercial vendors regarding development, operation, marketing, public relations, maintenance and expansion of the Systems; ii. To approve an Administrative Funding Plan, which the Board shall endeavor to do not later than January 31, 2016, and to revise the same from time to time; iii. To approve the Systems Plans as soon as possible, with a goal of completing the same on or before June 15, 2016, and to revise the same from time to time; iv. To adopt an annual budget for operation and maintenance of, and capital improvements to, the System; v. To develop policies regarding accounting, contracting and procurement, employment, operations and maintenance, asset replacement; vi. To adopt bylaws and other rules and regulations as necessary; vii. To establish fees far Participants and non-Participants to access and use the Systems in accordance with the duly adopted Systems Plan and Systems Funding Plan; viii. To acquire or lease real property as required for operations; ix. To discharge other duties consistent with the purposes of this Agreement and/or as required by statute. 6 MINNESOTA/2003654.0005/ 12420934.6 page 97 6. Svstems Plans. The Systems Plans shall in general provide information sufficient for Participants to evaluate the System's capabilities and costs and its potential benefit to them. They shall provide for the ownership, operation, maintenance, improvement and use of the Systems and shall describe the methods of funding, and or financing, the Systems. A. Content. The Systems Plans shall address the following: i. The design, construction, operation, marketing, public relations, maintenance, expansion and lifecycle replacement costs of the Systems and Systems Components; ii. Identification of the specific Systems Components presently owned by the Participants that will become part of the consolidated Systems including any restrictions on the utilization of these Components; rii. The terms under which Systems Components presently owned by Participants will be available for use as part of the Systems; iv. A valuation for all Systems Components presently owned by Participants which will be available for use as part of the Systems; v. User fees for the Systems; vi. Identification of funding sources; and vii. Those further matters described in paragraphs 7 through 13 of this Agreement. B. Negotiation of Contracts. The Board, as part of the Systems Plan, shall ne�otiate but not execute contracts with vendors, Participants and others as necessary to fully evaluate developmental, marketing, public relations, operational and maintenance costs of the Systems. None of these contracts shall be finally approved for execution and delivery by the Board until the Systems Plans are approved by the Board and the Board makes a determination to implement the Systems Plans. C. Comment Period; Adoption. Following the preparation of the Systems Plans, the Board shall designate a period, of not fewer than 90 days, during which members of the Board and Participants may provide comments to the Board regarding the proposed Systems Plans. After the comment period has expired, the Board may adopt the Systems Plans as proposed or with revisions addressing comments received; reject the Systems Plans or postpone consideration. D. Withd�awal. Following adoption of the Systems Plans, the Board shall notify Participants of a date, not fewer than 60 days after the date of the notice, by which Participants may withdraw from participation in the Board without incurring any financial obligation beyond the payment of its initial Participation Fee. Participants who 7 MINNESOTA/2003654.0005/ 12420934.6 page 98 wish to withdraw shall provide written notice to the Board within such period, and may withdraw effective immediately. 7. Acquisition of Interests in System Components. As will be further described in the Systems Plans, the Participants anticipate that the Board and other Participants will acquire interests in the use of Systems Components as follows. A. As part of the Systems Plan, the Board will identify Systems Components as to which Participants will grant to the Board and other Participants IRUs with qualifiers, each of which will have an initial term of 10 years, with two five-year renewals, which shall be automatic unless the Board affirmatively decides not to renew. In connection with, and as a part of the grant of, each IRU, the Participant will grant to the Board all rights necessary or convenient for the Board to operate the Systems within the geographic boundaries of the Participant. The preceding sentence is not intended to grant to the Board prior approval of any permits required to be obtained in connection with any System Components to be constructed by the Board, provided however that such permits will not unreasonably be withheld by any Participant. B. In connection with the grant by any Participant of an IRU to the Board for the benefit of the Participants as to any Systems Component, the Board will assume operating and maintenance costs and responsibilities with respect to such Systems Component. C. With the prior consent of the Board, Participants may terminate an IRU as to any Systems Component owned by it with not less than two year's prior written notice to the Board. The Board will consent to such termination unless the removal could render the backbone to be less than carrier class or violate any Board contracts. The Participants recognize that the two-year notice period is necessary and appropriate in order to permit the Board to make alternative provisions for the continuance of service. The Board may waive the two-year notice if it determines, in its sole discretion, that such termination will not adversely impact the Systems. 8. Ownership of System Components. As will be further described in the Systems Plans, the Participants expect ownership of System Components to be handled as follows. A. Each Participant would retain whatever ownership interests it has in Systems Components, subject to the interests it grants pursuant to IRUs or other contractual arrangements. B. The Board recognizes that Participants may have partial ownership interests in System Components, or may have granted to third parties certain interests in such assets, which may limit their ability to dedicate ar grant IRUs in such Components. C. It is not anticipated that the Board will have underlying ownership of System Components, but if deemed appropriate by the Board, it may construct and own certain System Components. 8 MINNESOTA/2003654.0005/ 12420934.6 page 99 9. Expansion of S. st�ems. As will be further described in the Systems Plans, the expansion of the Systems is expected to be handled as follows. A. Each Participant will continue to have the ability to undertake and finance additional System Components to be owned by it, however each additional System Component shall be constructed consistent with standards established by the Board and shall require the prior review and approval of the Board, in order to ensure that the additions to the Systems will be undertaken in a coordinated manner. B. It is also anticipated that the Board may undertake and finance additional Systems Components on behalf of Participants, subjects to terms and conditions acceptable to the Board and such Participants. C. It is anticipated that Dakota County will expand the Backbone as necessary to provide I-Net access to Participants without adequate access to the Backbone. C-Net revenue associated with any such expansion by Dakota County will inure to the benefit of the County. D. The Board may provide tools for Participants to expand the Systems. The Board may also issue bonds or obligations as permitted by law to finance such expansions, with the approval of a Supermajority of the Board using Weighted Voting. The Board or Participants may also seek financing through the CDA, which will be within the complete discretion of the CDA to provide or not. 10. Operatin� and Maintenance Cost Sharing. As will be further described in the Systems Plans, the Participants anticipate that Operating and Maintenance Costs would be separated into their logical parts - for instance locate costs, fixed costs, monitoring costs, system configuration cost, switch-related costs, relocation costs, break repair costs, marketing costs, insurance, etc. Each cost category then would be shared by Participants pro-rata based on distribution parameters appropriate for each category. As an example, locate costs might be shared based on fiber-miles while marketing costs might be shared based on an economic development parameter such as acres of commercial industrial zoned land in the Participant's jurisdiction, with Dakota County sharing a fixed percentage. The Systems Plans will also include provisions describing the manner in which capital assets of the Systems will be replaced and the manner in which costs will be shared. Payment by Participants of their allocable share of Operating and Maintenance Costs will be in addition to the annual Participation Fee, although Participation Fees may be used by the Board to offset a portion of the Operating and Maintenance Costs, as provided in the Systems Plan. 9 MINNESOTA/2003654.0005/ 12420934.6 page 100 11. Financing Backbone Completion Projects. As will be further described in the Systems Plans, the Participants recognize that it is a high priority for Participants to complete the "backbone" or "core ring" of the System to carrier class standards. The Participants anticipate that a hierarchy of approaches will be used to fund any projects necessary to complete the backbone, and that such funding, and that such approaches may involve participation by for profit or nonprofit non-Participants. The anticipated priority of financing is as follows: A. First, Dakota County will seek financial assistance to construct the applicable System Components, in which case the Dakota County would take title to such System Components funded. B. Second, the Participant may finance or otherwise fund and construct the System Components on its own or in partnership with non-Participants and may retain sole ownership or may share ownership with any such non-Participants. C. Third, Dakota County may finance or otherwise fund and construct the System Components on its own or in partnership with non-Participants, and may retain sole ownership or may share ownership with any such non-Participants. D. Last, in the event that no Participant determines to construct the necessary System Components on its own, the Board may finance and construct the System Components and may retain title thereto. To the extent that the Board constructs and owns any System Components pursuant to this alternative, any C-Net fees related to such System Components shall accrue to the Board. To the extent that debt service on any bond or obligation issued by the Board to construct any System Components exceeds available GNet revenues, such bonds or obligations will be paid by the Participants in accordance with a plan to be approved by the Board using Weighted Voting. 12. Revenue Generation. As will be further described in the Systems Plans, the Participants expect charges for use of the System to be handled as follows. A. I-Net Usage and Charges. Each Participant may use the Systems to the extent available within its boundaries for its own I-Net purposes on an unlimited basis, in exchange for annual payment of its Participation Fee. Other than through the payment of the Participation Fee, it is not anticipated that the Board will charge Participants far I-Net usage of the Systems. B. C-Net Revenues. The Board will establish and collect charges for use by non-Participants of the C-Net, including different rates or charges for protected, versus unprotected, services. Revenues, or net revenues, attributable to such charges will be applied pursuant to the Systems Plans, which are anticipated to provide for allocation of such revenues, or net revenues, to the Participant or Participants who own the Systems Components being used. C. Backbone Revenues. In connection with preparation of the Systems Plan, and from time to time thereafter, the Board will make an initial determination of the 10 MINNESOTA/2003654.0005/ 12420934.6 page 101 percentages of the Backbone owned by the respective Participants to facilitate distribution of the C-Net Revenues related to the use of the Backbone. 13. Establishment of a Relocation Pool; Submission of Capital Plans. A. As further described in the Systems Plans, the Participants intend that the Board establish, in connection with the first annual budget for the Board, a pool of funds which will be made available, on terms described in the Systems Plans, to pay Participants' costs associated with required relocation of any of their System Components. Participants for whom such costs are paid would be required to reimburse the pool, without interest, for costs paid from the pool within one year, provided that if repayment within one year is unduly burdensome, then with the prior approval of the Board, the Participant would be permitted to reimburse the pool, with interest at a rate determined by the Board over a longer period, not exceeding five years. B. In order to minimize the unexpected need to relocate facilities, each Participant shall submit its Capital Improvements Plans relating to any System Components to the Board for review and comment prior to adoption thereof. 14. Default; Remedies. Upon the occurrence of any default hereunder, the Board and each Participant shall have any and all remedies available to it at law or in equity. 15. Limitation of Liablitv: Indemnification. A. Limitation of Liability. As provided in Minnesota Statutes, Section 471.59, Subd. 1 a, no Participant shall be liable for the acts or omissions of another Participant participating in the Board, unless it has specifically agreed in writing to be responsible for the same. For purposes of determining total liability for damages, each Participant and the Board are considered a single governmental unit and the total liability for all of the Participants and the Board shall not exceed the limits on governmental liability for a single governmental unit as specified under Minnesota Statutes, Sections 466.04, Subd. 1, or as waived or extended by the Board or all Participants under Minnesota Statutes Sections 466.06; ar 471.981. This provision does not protect a Participant or the Board from liability for its own independent acts or omissions not directly related to the exercise of the Joint Powers under this Agreement. None of the Board ar any Participants shall have the power hereunder to do any act or thing the effect of which is to create a charge or lien against the property or revenues of the Board or another Participant, except as expressly provided in herein or in any of the documents authorized herein. B. Indemnification. Without limiting the foregoing subparagraph, to the extent of any liability insurance carried by the Board and available for such purpose, the Board shall defend, indemnify and hold harmless each Participant from any and all liability arising from or as a result of: (i) any accident, injury to or death of any person or loss or damage to property that may be directly or indirectly caused by the acts or omissions of the Board; (ii) any act of the Board in the observation or performance of any of its responsibilities, or any failure by the Board to perform any such responsibilities; and/or (iii) any actions or inactions of Participants taken as a result of their membership 11 MINNESOTA/2003654.0005/ 12420934.6 page 102 in the Board. The Board shall not be required to indemnify any Participant against any Losses that are caused by the negligence or misconduct of such Participant. The Board shall carry liability insurance in amounts carried by entities engaged in similar enterprises. 16. Termination of Board; Disposition of Assets. This Agreement may be terminated, and the Board dissolved, upon the vote a Supermajority of the Board, using Weighted Voting, and in connection with any such termination and dissolution, the Board shall adopt a plan providing for the orderly disposition of assets and unwinding of agreements of the Board. Such plan shall provide that following the disposition of any assets owned by the Board and the payment of all obligations of the Board, any amounts remaining shall be distributed to the Participants in proportion to the contributions made by the respective Participants in place at the time of dissolution. 17. Amendments. This Agreement may be amended, at any time and from time to time, by a Supermajority of the Board, using Weighted Voting. Notwithstanding the foregoing, no amendment shall adversely affect the security for any bonds or obligations issued by the Board and outstanding at the time of the amendment. 12 MINNESOTA/2003654.0005/ 12420934.6 page 103 IN WITNESS WHEREOF, each of the Participants has caused this agreement to be executed on its behalf by its respective authorized ofiicers, all as of the date first above written. DAKOTA COUNTY, MINNESOTA By Its [Additional Participant Signature Pages to be added.] 13 MINNESOTA/2003654.0005/ 12420934.6 Concept page 104 Schedule A Dakota County Broadband Initial Membership Fee Computations One-third of costs borne by Dakota County Community Development Agency One-third of costs borne by Dakota County One-third of costs borne by cities of over 10,000 pro-rata on population Estimated Costs Contingency 15% Total Estimated Step 2 Cost CDA Share County Share City Share City cost distribution based on % of total 11 city population % of population population Apple Valley 49,084 12.94% Burnsville 60,306 15.90% Eagan 64,206 16.93% Farmington 21,086 5.56% Hastings 22,172 5.84% Inver Grove Heights Lakeville Mendota Heights Rosemount South St Paul West St Paul Total Cities > 10,000 33,880 55,954 11,071 21,874 20,160 19,549 379,342 8.93% 14.75 % 2.92% 5.77% 5.31% 5.15% 100.00 % 14 MINNESOTA/2003654.0005/ 12420934.6 $ 148,490.00 22,273.50 170,763.50 56,921.17 56,921.17 56,921.17 7,365.17 9,049.06 9,634.26 3,164.00 3,326.96 5,083.77 8,396.03 1,661.23 3,282.25 3,025.06 2,933.37 56,921.17 SCHEDULE B Dakota County Broadband Joint Powers Board Administrative Funding Plan Elements with Estimated Costs Step 1 Meetings Support1 Legal Services2 Preparation of Administrative Funding PIan3 Determination of Initial Participant Fees4 Subtotal Step 1 Step 2 Meeting Supports Legal Services6 Preparation of Systems Plan Inventory, Design, etc: $68,990 Balance of Systems Plan work: $15,000 Preparation of Systems Funding Plan Additional consulting costs Contingency Subtotal Step 2 Grand Total Step 1 and Step 2 Participants Paid by Costs Others $7,500 CDA estimate $10,000 CDA estimate $1,700 CDA estimate $850 CDA estimate $20,050 $8,000 CDA estimate $8,000 $83,990 $ 51, 500 $5,000 $22,274 $170,764 $8,000 $170,764 $28,050 page 105 Elert 4/17/15 proposal, all options Design Nine - assumed split Design Nine - assumed split Estimate Note 1- Assumes 3 months at $2,500/month Note 2- Assumes 50 hours at $200/hour Note 3- Assumes 20 hours at $85/hour Note 4- Assumes 10 hours at $85/hour Note 5- Assumes 4 months at $2,000/month Note 6- Assumes 40 hours at $200/hour - Prep of IRU's and other agreements and other consultation 15 MINNESOTA/2003654.0005/ 12420934.6