Loading...
2017-03-21 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA March 21, 2017 – 7:00 pm Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Approval of March 7, 2017 City Council Minutes b. Approval of March 7, 2017 City Council Workshop Minutes c. Acknowledgement the 2016 Parks and Recreation Report d. Authorization of Victoria Highlands Park Ballfield Upgrades e. Approve Resolution 2017-25 Approve Permanent Easement to Mendota Heights for the Dodd Road Trail f. Northland Drive Lift Station Rehabilitation – Purchase Order g. Approve Resolution 2017-26 Designating a Right-of-Way Acquisition for Roadway and Utility Purposes – Lot 1, Gangl First Addition h. Wetland Conservation Act Application – Dakota County i. Approve Resolution 2017-27 Amendment to Fee Schedule j. Award Contract for 2017 Street Sweeping k. Authorization to Send to Auction - 2008 Ford Explorer Police Vehicle l. Approve Resolution 2017-23 Comcast Franchise Agreement Extension m. Approve Resolution 2017-24 State of Minnesota Joint Powers Agreements with the City of Mendota Heights on behalf of its City Attorney and Police Department n. Acknowledgment of February 2017 Fire Synopsis o. Approve Building Activity Report February 2017 p. Approve Treasurer’s Report q. Approval of Claims List 6. Public Comments 7. Presentations - none 8. Public Hearing a. Wine and 3.2% Malt Liquor License Transfer – King and I Thai 9. New and Unfinished Business a. Resolution 2017-17 Approving Lot Split (Minor Subdivision) at 697 Wesley Lane (Planning Case - 2017-02) b. Approve Letter of Intent with Trammell Crow for Residential Apartment Development at Village Lots property c. Discussion of City Council meeting starting time d. Discuss Rescheduling of April 4th City Council Meeting 10. Community Announcements 11. Council Comments 12. Adjourn CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 7, 2017 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 7:00 p.m. Councilmembers Miller, Petschel, and Paper were also present. Councilmember Duggan was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilmember Paper moved adoption of the agenda. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) SWEARING IN OF FIRE CHIEF AND ASSISTANT FIRE CHIEF City Administrator Mark McNeill called former Fire Chief John Maczko to the podium to introduce his successor. Former Fire Chief Maczko introduced Fire Chief Dave Dreelan and Assistant Fire Chief Scott Goldenstein and provided a brief background on each. City Administrator Mark McNeill presided over the swearing in of Fire Chief Dave Dreelan and Assistant Fire Chief Scott Goldenstein. page 3 CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilmember Petschel moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein. a. Approval of February 21, 2017 City Council Minutes b. Acknowledge February 28, 2017 Planning Commission Minutes c. Approval to Begin Police Officer Recruitment Process d. Approve Joint Powers Agreement with Lower Mississippi Watershed Management Org for Lake Augusta Alum Treatment e. Approve Donation of City Property f. Approval of Claims List Councilmember Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) PUBLIC COMMENTS There were no public comments. PRESENTATIONS A) ROGERS LAKE WATER QUALITY REPORT BY ST. THOMAS ACADEMY City Administrator Mark McNeill introduced Mr. Tony Kinzley, Advanced Placement Environmental Sciences Instructor at St. Thomas Academy. He also explained that St. Thomas Academy has been monitoring several aspects of the water quality of Rogers Lake since 2001. Mr. Kinzley introduced the students giving the presentation this year, who then presented their findings on the following ten different parameters. The results showed that Rogers Lake continues to be a very healthy lake. All but “Change in Temperature” showed better and acceptable results. The historical data on the lakes’ water quality shows a trend of improvement over the past several recent years. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS page 4 A) RESOLUTION 2017-21 APPROVING A CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT TO GERALD TROOIEN, 1010 SIBLEY MEMORIAL HIGHWAY Planner Tim Benetti explained that Mr. Gerald Trooien of 1010 Sibley Memorial Highway has requested to perform additional landscaping work on this site. Mr. Trooien applied for a permit in October 2016, at which time it was discovered that he had completed more work than had been permitted to do. He had been instructed to halt those activities immediately. Staff subsequently met with Mr. Trooien’s landscape architect. The current application is both an “after- the-fact” permit for the work done prior, and a new permit for the work to be done in the future. The site is just over five acres in sizze, is guided LR–Low Density Residential and is located in the R-1 Single-Family Residential District. In 2014 the property was split into two lots. Parcel A encompasses the current home and garage and is 3.4 acres in size. Parcel B is the new parcel and is 1.36 acres. Mr. Trooien initially indicated that he was going to clear the ground on a particular section where he anticipated the house pad to be located. However, it was discovered that a lot more work had been done outside of this area. It was at this point that all work was halted. It was discovered that a number of trees and shrubs had been improperly removed. In 2015, Mr. Trooien provided a plan for replanting with materials consisting of white pines, burr oak, blue spruces, and maples. He is proposing to plant the entire area with a mixture of new prairie grass seeds, pollinator-friendly seeds, and native grasses. Mr. Trooien is proposing to place the building pad 60 feet from the neighboring property line instead of the original proposal of 20 feet from the property line. He is also proposing a driveway, rain garden, and a drainage swell. Members of the Planning Commission, Community Development Director Tim Benetti, and Consulting Planner Phil Carlson visited the site on February 25, 2017. Mr. Benetti observed that the site was thick with buckthorn which needs clearing. Staff believes that with help from the landscape architect, the restoration work and the removal of buckthorn should be successful. Mr. Benetti reviewed the resident’s concerns raised at last week’s Planning Commission meeting regarding the plans to remove buckthorn and all invasive species up to 3” in diameter. Mr. Benetti stated that the landscape architect is going to mark each of the growths to be removed, staff would verify that everything has been marked properly, and that a controlled removal would be undertaken. The landscape architecture company also treats the cut system – plantings are cut to ground level, and roots are treated so there is no grow back. The intact roots prevent any soil erosion. Councilmember Paper asked who was going to warranty the plant material? Mr. Benetti replied that typically the greenhouse or the plant provider warranties the plant material. page 5 Councilmember Paper asked for an explanation of caliper process to determine a 3” tree. Mr. Benetti replied that the determination is made by the diameter of the planting approximately four feet from the ground. Councilmember Miller suggested a requirement that the plantings are warrantied for three years. Mr. Benetti replied that he has typically seen warranties for one to two years. Councilmember Petschel pointed out that requesting a bond or a letter-of-credit when work has been completed prior to receiving the proper permit is fairly routine. Mr. Benetti added that the value of the bond or letter-of-credit would be determined by staff; it is typically 125% to 150% of the value of the work to be done, including the landscaping, grading work, etc. Councilmember Paper asked if the 12 to 14-foot spruce trees were balled and burlapped, or spaded-in. Mr. Benetti replied that the trees planted prior were spaded in. The new ones have been identified as balled and burlapped. Mr. Stephen Mastey, landscape architect from Landscape Architecture, Inc. clarified that 23 conifers were spaded in because of their large size. After discussion and review of the final resolution, it was determined that the warranty plan will be for two years, and will be held by the contractor or the property owner, not by a nursery. Mr. Darin Carlson, 992 Caren Court, stated that this request has come a long way since they first noticed the equipment out clearing the area. He believes this is a really good plan. He recognized that there are a lot of invasive shrubs. He would like to hear more about the options to replace the invasive plantings that could be removed. Mr. Mastey returned and stated that as part of their restoration plan they have a mixture of trees and a Minnesota Native Landscape Mix of approximately 20 wildflowers and approximately five grass plants. They also would be working with City staff to finalize a native woodland mix of approximately 25 species. The long-term goal is to make this site ecologically more appropriate. Councilmember Petschel moved to adopt RESOLUTION 2017-21 APPROVING A CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT AT 1010 SIBLEY MEMORIAL HIGHWAY, with conditions as stated in the resolution. Councilmember Paper seconded the motion. Mayor Garlock called the vote. Ayes: 4 Nays: 0 Absent: 1 (Duggan) B) RESOLUTION 2017-22 APPROVING A CONDITIONAL USE PERMIT TO HOLY FAMILY MARONITE CHURCH, 1960 LEXINGTON AVENUE page 6 Community Development Director Tim Benetti explained this Conditional Use Permit request from Holy Family Maronite Church, located at 1960 Lexington Avenue, to make additions to the existing church building. He said that churches are allowed as a conditional use in the R-1 district ,and anytime that use is added to or modified, the conditional use needs to be amended or modified. The two additions being planned total approximately 3,750 square feet. The additions would be on the west side and the southeast corner of the building. The additions would be to expand the fellowship hall, kitchen, storage area, and to add a sacristy, a classroom, restrooms, and two offices. There are no plans to change the worship space; therefore, there are no changes necessary to the parking requirements. The Planning Commission recommended approval of this request with conditions. No negative comments or concerns were raised. Councilmember Petschel moved to adopt RESOLUTION 2017-22 APPROVING A CONDITIONAL USE PERMIT TO HOLY FAMILY MARONITE CHURCH AT 1960 LEXINGTON AVENUE, with conditions as noted in the resolution. Councilmember Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) C) ORDINANCE NO. 508 AMENDING TITLE 5 - POLICE REGULATIONS AND TITLE 12 - ZONING REGARDING THE KEEPING OF DOMESTIC CHICKENS Planner Tim Benetti explained this was an Ordinance Amendment regarding the keeping of domestic chickens within the City. The Planning Commission discussed a draft ordinance and held a public hearing at their January 24, 2017 meeting. At their February 28, 2017 meeting, the commission reviewed the revisions of the ordinance and forwarded to it to City Council with a recommendation of approval by a vote of 4-2. Planner Benetti reviewed the proposed Ordinance No. 508. Councilmember Petschel asked what the license fee would be. Planner Benetti replied that the fee has not been determined as of yet. It would be brought back to the City Council as an amendment to the fee schedule. Councilmember Petschel requested that, if the Council approved this Ordinance, that it be discussed again in one year to make any necessary edits or tweaks. Councilmember Miller moved to adopt ORDINANCE NO. 508 AMENDING CITY CODE TITLE 5 - POLICE REGULATIONS AND TITLE 12–ZONING REGARDING THE KEEPING OF DOMESTIC CHICKENS, and to direct staff to add this to a council agenda in one year for review. Councilmember Paper seconded the motion. Ayes: 4 page 7 Nays: 0 Absent: 1 (Duggan) Mr. Patrick Watson, 1327 Delaware Avenue, expressed his appreciation in the passing of this ordinance and noted that the fee was discussed as being $25. D) AWARD CONTRACT FOR 2017 MUNICIPAL CLEAN UP DAY Public Works Director Ryan Ruzek explained that staff had sent out a request-for-proposal to create a contract with a vendor to operate the Mendota Heights Clean-Up Day rather than having a volunteer- driven clean-up day as in the past. Staff reviewed the pricing of items collected in previous years and proposed a new fee schedule for 2017, which they feel is comparable to previous events. Mr. Ruzek then reviewed the fee schedule making special note that paper shredding will be held one week prior and will be a joint partnership with the cities of West St. Paul, South St. Paul, and Inver Grove Heights. Councilmember Petschel asked if they would be accepting building materials. Mr. Ruzek replied that the event would not be accepting contractor debris, or large home remodeling debris. Councilmember Paper asked how the fee schedule would be communicated to residents. Mr. Ruzek replied that the fee schedule would be in the Heights Highlights delivered approximately April 17th, along with advertisements on the city’s website, Facebook page, and by a direct mailing to all of the residents. Councilmember Petschel moved to authorize staff to execute a contract with Highland Sanitation for the operation of the Mendota Heights 2017 Clean Up Day event to be held on April 29th, 2017. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) COUNCIL COMMENTS Councilmember Paper expressed appreciation to the students of St. Thomas Academy for their presentation regarding Rogers Lake. He also congratulated School District 197 for naming a new superintendent. Councilmember Miller stated that his family posthumously celebrated his father’s 91st birthday. He spoke of his father’s experiences in World War II, and the influence he had had on his children. Councilmember Petschel announced it was ice-out on Rogers Lake that day. She also welcomed the new superintendent of School District 197. She expressed her appreciation to Dr. Nancy Allen-Mastro for her page 8 tremendous service to the school district, stating that Dr. Allen-Mastro had been an absolute rock and a delight to work with. Mayor Garlock expressed his appreciation to the backyard chicken advocates for the communication between them and the Planning Commission, and for their dedication in getting the ordinance approved. ADJOURN Councilmember Paper moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Mayor Garlock adjourned the meeting at 8:34 p.m. ____________________________________ Neil Garlock Mayor ATTEST: _______________________________ Lorri Smith City Clerk page 9 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Council Workshop Thursday, March 7, 2017 Pursuant to due call and notice thereof, a workshop of the Mendota Heights City Council was held at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 5:30 p.m. Councilmembers Miller, Paper, and Petschel were also present. Councilmember Duggan joined the meeting via an interactive television pursuant to Minn. Stat. §13D.02. Staff in attendance included City Administrator Mark McNeill, Assistant City Administrator Cheryl Jacobson, Finance Director Kristen Schabacker, Public Works Director Ryan Ruzek, Community Development Director Tim Benetti, City Attorney Tom Lehmann and City Clerk Lorri Smith. VILLAGE LOTS Administrator McNeill opened the discussion and provided background on three vacant City-owned lots which are part of The Village at Mendota Heights development. He reported the City has received two offers from developers. The Council reviewed plans submitted by Trammel Crow Companies for a market rate senior housing apartment building. The proposed development would contain approximately 154 apartment style units in a five story building with underground parking. It was noted that this density would be 57 units per acre. Councilmembers noted that this development would meet a lot of the needs for Mendota Heights. Traffic congestion on Dodd Road is a major concern. The second proposal was received from a local builder and would include 19 row townhomes designed similar to those that are currently located in the development. There was consensus of the Councilmembers to move ahead with completing a traffic study and an appraisal of this property. BOURN PROPERTIES Administrator McNeill discussed with the Council a proposal received from a local business to expand their business on the Bourn Lane properties. The City has been acquiring these parcels since the early 1990’s and it includes 14 acres. The local business would like to receive an incentive from the city. page 10 Tab abatement was discussed as an incentive. It was suggested the City complete an Environmental Assessment Worksheet on the property. A second proposal was received, proposing a recreation center on this property, to include a field house and soccer fields. Staff was directed to get prices on the cost of completing an EAW on this property. MENDOTA MOTEL The possible sale of the Mendota Motel was discussed. Offering Tax Increment Financing as an incentive to the potential developer of the property was discussed. Completing an appraisal of the property was discussed. It was noted that the City could pay for the appraisal and reimburse ourselves for that cost if TIF is offered to the developer. This discussion will continue at the March 21, 2017 Workshop meeting. OTHER BUSINESS A. Council Meeting Start Time Discussion Changing the start time of the City Council meetings was discussed. Councilmember Paper suggested a 6:30 pm start time. Mayor Garlock agreed. Council member Petschel noted those who would be adversely affected by this change. Staff was directed to place this on the next Council agenda for action. ADJOURN Mayor Garlock adjourned the meeting at 6:53 p.m. ____________________________________ Neil Garlock, Mayor ATTEST: _______________________________ Lorri Smith, City Clerk page 11 Mendota Heights Parks & Recreation Department 1 2016 Annual Report Mendota Heights Parks & Recreation page 12 Mendota Heights Parks and Recreation Department 2 Mission Statement The mission of Mendota Heights Parks & Recreation Department is to provide facilities, activities, and parklands to enrich the lives of residents and vistitors. Parks and Recreation Commission Members Jay Miller Pat Hinderscheid Ira Kipp Stephanie Levine David Miller Joel Paper, Chair Michael Toth Claire Dunham, Student Representative Myles Bowman, Student Representative Parks and Recreation Staff Public Works Director......................... .... ..Ryan Ruzek Public Work Superintendent ....................Terry Blum Assistant City Administrator............Cheryl Jacobson Recreation Program Coordinator.......Sloan Wallgren Parks Maintenance Lead........................John Boland Parks Maintenance..............................Cliff Kirschner Parks Maintenance............................... Mike Maczko Mechanic .............................................Nick Courteau Parks and Recreation Commission The Parks and Recreation Commission is a seven member advisory board to the city council on matters relating to parks and recreation including: Plan and develop programs and activities. Develop schedules of hours and fees for the use of recreational trails and park facilities. Study possible government and private foundation grants available for the acquisition and development of park and trail facilities. Develop plans for improvement and betterment of existing facilities. Develop plans for acquisition of additional facilities. Coordinate recreational trail and park activities with other community organizations and groups. Promote public interest and understanding of the city’s parks and trails activities. The Parks and Recreation Department also employs 40 part-time seasonal employees. page 13 Mendota Heights Parks and Recreation Department 3 Parks Department Park staff annually maintains more than 310 acres of public land. Facilities under the stewardship of the Parks Department include 8 picnic shelters, 1 fishing pier, 12 softball and baseball fields, 3 soccer fields, 1 sand volleyball court, 1 cross country ski trail, 3 hockey rinks, 4 skating rinks, 3 warming houses, 26 miles of trails, 11 playgrounds, 10 tennis courts, 10 basketball courts, an off-leash dog area and a skate park. Mendota Heights Parks • Civic Center • Copperfield Ponds • Friendly Hills Park • Friendly Marsh Park • Hagstrom-King Park • Historic Pilot Knob • Ivy Hills Park • Kensington Park • Market Square Park • Marie Park • Mendakota Park • Rogers Lake Park • Valley Park • Valley View Heights Park • Victoria Highlands Park • Wentworth Park State, Regional and Private Parks • Fort Snelling State Park • Harriet Island-Lilydale Regional Park • Dodge Nature Center • School District 197 • Big Rivers Regional Trail •River to River Greenway page 14 Mendota Heights Parks and Recreation Department 4 2016 Parks Department Highlights The City became Pollinator Friendly. Staff has worked with local Master Gardeners to offer educational workshops and community events to educate our residents on the benefits of pollinator friendly practices. Resurfaced the basketball court at Mendakota Park. Park staff continue to provide support and facilities for many community festivals and events. Park Facilities hosted the following large scale special events: Special Olympics 5K Mendota Heights Parks Celebration Cliff Timm Fishing Derby Numerous Baseball/Softball Tournaments The City removed the old cedar shakes and installed new shingles on all of the park buildings. Conducted a Feasibility Study for Bike/Pedestrian Trail along Dodd Road from Dodd & Smith all the way south to Dodd and Mendota Heights Road. The study was funded through an Active Living Grant from Dakota County. New hockey boards were installed at Friendly Hills Park. Pickelball Courts were created at Marie Park. page 15 Mendota Heights Parks and Recreation Department 5 Recreation Department Highlights The Recreation Department’s main objectives are to provide recreation programs, events and activities, en-courage the use of parks and trails, and promote an active lifestyle.  The Recreation Department partnered with Dakota County to offer the Simple Steps Program. Simple Steps Walking Program is a great way to boost energy, reduce stress and improve your health. Regular physical activity helps prevent chronic diseases like diabetes, cardiovascular disease and cancer and can help you maintain a healthy weight. Programs : in 2016 the Recreation Department offered: 3 Adult Softball Leagues with over 300 participants 20 Youth Tennis Programs with 220 participants 18 Youth Field Trips with 400 participants 10 Playground Programs with 220 participants 15 Youth Programs with 500 participants During the 2015-2016 winter we had 4400+ skaters use our 3 hockey rinks and 4 pleasure rinks. New Programs included the Royal Princess Ball and our Tuesday Teen Field Trips.  Added six Tuesday Teen Field Trips in 2016. Coordination of field use with the Mendota Heights Athletic Association for over 1,800 youth participants. As well as coordinate field use for St. Thomas Academy, Visitation, St. Joseph and Trinity. 22 Free Performances in the Park at Market Square   page 16 Mendota Heights Parks and Recreation Department 6 Volunteer Efforts—Park Partners Volunteers helped steward Mendota Heights Parks, Trails and Green Spaces in 2016 through adopting parks and trails, beautifying community spaces and volunteering to clean up litter and debris. Park Volunteers keep Mendota Heights beautiful and a great place to live. Henry Sibley Girl's Tennis Team cleaned up Rogers Lake Park as a fundraiser. The Mendota Heights Mom's Club celebrated Earth Day by cleaning up the parks. Volunteers from the Children's Country Day Care helped to organize a clean up day in Valley Park. The Mendota Heights Mom's Club annually donates a tree to a park. In 2016 a tree was donated and planted at Mendakota Park. Volunteers helped to remove buckthorn from Valley Park. AJ Stringer designed and installed a new pollinator friendly native rain garden at the Mendota Heights Par 3 as part of his Eagle Scout Project. page 17 Mendota Heights Parks and Recreation Department 7 Mendota Heights Par 3 Golf Course The Mendota Heights Par 3 is a self-supporting enterprise. Revenues generated by the course as well as retained earnings pay for all expenses including depreciation, equipment replacement, and capital improvements. The Par 3 is a seasonal facility, generally opening in Mid-April and closing in Mid-November. Mendota Heights Par 3 The Mendota Heights Par 3 had over 10,000 rounds of golf played in 2016.   Over 200 youth participated in one of our 22 golf lesson programs. The sport of footgolf continued to grow and there were over 1,000 rounds of footgolf played at the Par 3. In 2016 landscaping was done around the clubhouse. Locals are gathering at the clubhouse to play cribbage and scrabble during the spring and fall. Total revenue for 2016 was roughly$147,000 and total expenses were$142,000 resulting in a net profit of $5,000. The Golf Course Fund has a year end cash balance of $67,000. The golf course purchased a greens roller. This piece of equipment will help keep the greens in good condition for our customers. The golf course offered four golf leagues for adults and five golf leagues for youth. In 2016 there were over 400 participants in our leagues. The golf course hosted over 15 special events. page 18 DATE: March 21, 2017 TO: Mayor and City Council FROM: Sloan Wallgren, Recreation Program Coordinator SUBJECT: Victoria Highlands Park Ballfield Introduction The Mendota Heights Athletic Association would like to partner with the city to make upgrades to the ballfield at Victoria Highlands Park. The upgrades include expanding the infield to accommodate a 75 foot base path, installing an outfield fence, adding fencing on the first baseline and making improvements to the backstop. Background The Mendota Heights Athletic Association is a non-profit organization that runs athletic programs for youth attending a school or living in the boundaries of ISD 197. Currently, the Mendota Heights Athletic Association uses Victoria Highlands Park only for baseball, however the changes will still allow softball to be played on the field. Estimated costs for the upgrades that the association would like to see made include: Outfield fence $5,000 First baseline fence $1,000 Expanding infield $8,000(city would pay $3,000 for materials, MHAA contributes $5,000 in labor) Upgrading/Replacing the backstop $4,000 to $9,000 The Parks and Recreation Commission passed a motion at their February 14th meeting for council to consider making the above improvements to the ballfield at Victoria Highlands Park. Budget Impact Funding for these improvements are recommended to come from the Special Parks Fund, which has a balance of $651,000. Required Action If the council agrees with the proposed changes it should authorize staff to obtain quotes for the fencing and move forward with expanding the infield with an amount not to exceed $18,000. page 19 REQUEST FOR COUNCIL ACTION DATE: March 21, 2017 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2017-25 Approving a Permanent Easement to Mendota Heights for the Dodd Road Trail COMMENT: INTRODUCTION The Council is asked to grant a permanent easement on a portion of Lot 2, Block 3, MENDOTA HEIGHTS TOWN CENTER plat to the City of Mendota Heights for trail construction and maintenance purposes. BACKGROUND Mendota Heights has a planned trail extension along the east boulevard of Dodd Road (TH 149) proposed for 2018. DISCUSSION In conjunction with the Dodd Road (TH 149) reconstruction project, Mendota Heights is proposing to construct a shared use pedestrian trail from Maple Street to Marie Avenue. For this work to occur, the city will need to grant an easement to itself. The easement is located on a parcel that may be sold for development purposes. The easement and depiction are attached for your reference. BUDGET IMPACT None. RECOMMENDATION Staff recommends Council approve Resolution 2017-25 granting a permanent easement to the City of Mendota Heights for trail purposes on the described portion of Lot 2, Block 3, MENDOTA HEIGHTS TOWN CENTER. ACTION REQUIRED If Council wishes to enact the staff recommendation, it should pass a motion approving Resolution 2017-25, APPROVING A PERMANENT EASEMENT TO THE CITY OF MENDOTA HEIGHTS. This action requires a simple majority vote. page 20 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2017-25 RESOLUTION APPROVING A PERMANENT EASEMENT TO THE CITY OF MENDOTA HEIGHTS WHEREAS, the City of Mendota Heights has interest in properties described as: Lot 2, Block 3, as recorded on the MENDOTA HEIGHTS TOWN CENTER plat, Dakota County, Minnesota; and WHEREAS, the City of Mendota Heights will need a permanent easement over a portion of said real property to construct, maintain, and operate a shared use pedestrian trail; and WHEREAS, an easement document was drafted by Mendota Heights granting easement rights to said property for said purposes to the City of Mendota Heights. NOW THEREFORE, BE IT RESOLVED, the Mendota Heights City Council hereby approves and authorizes a permanent easement to the City of Mendota Heights granting immediate right to enter the above described property. BE IT FURTHER RESOLVED, the Mendota Heights City Council herby authorizes the Mayor to sign the easement. Adopted by the City Council of the City of Mendota Heights this twenty-first day of March, 2017. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ ATTEST Neil Garlock, Mayor _________________________ Lorri Smith, City Clerk page 21 Parcel 6 EASEMENT AGREEMENT THIS AGREEMENT, made this ______ day of ________________, 2017, by and between the City of Mendota Heights, a municipal corporation, party of the first part, and the City of Mendota Heights, a municipal corporation, (hereinafter called the “City”) party of the second part. W I T N E S S E T H: That the City of Mendota Heights, in consideration of ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION (to it in hand paid by the party of the second part, the receipt of which is hereby acknowledged, does hereby grant, quitclaim and convey unto the party of the second part, its successors and assigns, the following: A permanent easement for trail access purposes, including the right of ingress and egress for its agents, servants, and contractors, over, under and across the parcels or tracts of land lying and being in Dakota County, Minnesota more particularly described as follows: (THE TRACT) Lot 2, Block 3, MENDOTA HEIGHTS TOWN CENTER, according to the recorded plat thereof, Dakota County, Minnesota. Which lies within the following permanent easement for trail purposes: That part of Lot 2, Block 3, MENDOTA HEIGHTS TOWN CENTER, according to the recorded plat thereof, Dakota County, Minnesota, which lies northwesterly of the following described line: Beginning at a point on the northeast line of said Lot 2, distant 20.00 feet southeasterly of the most northerly corner of said Lot 2, as measured along said northeasterly line of Lot 2; thence southwesterly, 61.00 feet, to its intersection with a line drawn parallel with and distant 10.00 feet southeasterly of the northwesterly line of said Lot 2; thence southwesterly along said line drawn parallel with and distant 10.00 feet southeasterly of the northwesterly line of Lot 2, to the southerly line of said Lot 2, and said line there terminating. IN TESTIMONY WHEREOF, the said party of the first part has hereunto set their hand the day and year first above written. City of Mendota Heights By:_____________________________________ Its:_Mayor_____________________________________ State of Minnesota) ) s.s. County of ) The foregoing was acknowledged before me on this _________ day of ____________, 2017, by Neil Garlock, Mayor, described above and who executed the foregoing instrument as his own free act and deed. ____________________________________ Notary Public My Commission Expires ____/____/_____ THIS INSTRUMENT WAS DRAFTED BY: City of Mendota Heights Engineering Department 1101 Victoria Curve Mendota Heights, MN 55118 page 22 page 23 REQUEST FOR COUNCIL ACTION DATE: March 21, 2017 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Northland Drive Lift Station Rehabilitation – Purchase Order COMMENT: INTRODUCTION The Council is asked to approve a purchase order for the rehabilitation of the Northland Drive sanitary sewer lift station. BACKGROUND The Northland Drive lift station serves properties west of Pilot Knob Road in the Mendota Heights Industrial Park. This lift station was constructed in 1979 under city project 7808 and is in need of replacement. DISCUSSION The rehabilitation to the Northland Drive lift station is proposed to include a new panel, controls, wiring, floats and transducers. The project is a complete replacement of all components except the wet well, pumps and piping. The new control panel will also include expanded controls and dedicated space for a future SCADA monitoring system. Quotes were received from two companies for this work: Minnesota Pump Works $28,840.95 Electric Pump $37,400.00 BUDGET IMPACT The sanitary sewer utility fund has budgeted $35,000 for this improvement. RECOMMENDATION Staff recommends Council approve a purchase order to Minnesota Pump Works for $28,840.95 for the rehabilitation of the Northland Drive lift station. ACTION REQUIRED If Council wishes to enact the staff recommendation, it should pass a motion approving a purchase order to Minnesota Pump Works. This action requires a simple majority vote. page 24 REQUEST FOR COUNCIL ACTION DATE: March 21, 2017 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2017-26 Designating a Right-of-Way Acquisition for Roadway and Utility Purposes – Lot 1, Gangl First Addition COMMENT: INTRODUCTION The Council is asked to approve Resolution 2017-26 designating a right-of-way acquisition for Roadway and utility purposes. BACKGROUND Mendota Heights acquired fee title to a 30 foot strip of land along the westerly line of Lot One (1), Gangl First Addition in 1972 for City Project No. 7234, recorded as Document No. 409379. The project was originally for a sanitary sewer extension on the southeast quadrant of Dodd Road & Marie Avenue. DISCUSSION MnDOT is the lead agency for the Dodd Road (TH 149) reconstruction project and the Mendota Heights Dodd Road Trail extension project. The State is required to follow additional regulations and reporting than if the city was the lead on a project. State rules require that the previous right-of-way acquisition that was taken by the city be identified for a specific purpose. Staff proposes that the previous acquisition be identified for roadway and utility purposes which will satisfy the state requirement for their work as well as the trail project. BUDGET IMPACT None. RECOMMENDATION Staff recommends Council approve Resolution 2017-26 Designating a Right-of-Way Acquisition for Roadway and Utility Purposes – Lot 1, Gangl First Addition. ACTION REQUIRED If Council wishes to enact the staff recommendation, it should pass a motion approving Resolution 2017-26, DESIGNATING A RIGHT-OF-WAY ACQUISITION FOR ROADWAY AND UTILITY PURPOSES – LOT 1, GANGL FIRST ADDITION. This action requires a simple majority vote. page 25 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2017-26 DESIGNATING A RIGHT-OF-WAY ACQUISITION FOR ROADWAY AND UTILITY PURPOSES – LOT 1, GANGL FIRST ADDITION WHEREAS, the City of Mendota Heights acquired the westerly 30 feet of Lot 1, Gangl First Addition as recorded in Dakota County, Minnesota.; and WHEREAS, the acquisition was through a warranty deed recorded as document number 409379; and WHEREAS, the city desires that this acquisition be designated for roadway and utility purposes. NOW THEREFORE, BE IT RESOLVED, the Mendota Heights City Council hereby declares that document number 409379 in reference to a warranty deed acquiring the westerly 30 feet of Lot 1, Gangl First Addition, Dakota County, Minnesota be for roadway and utility purposes. Adopted by the City Council of the City of Mendota Heights this twenty-first day of March, 2017. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ ATTEST Neil Garlock, Mayor _________________________ Lorri Smith, City Clerk page 26 ?? ? ? G!.666666666666666666 666666666666666666" !! !! " * * * * ** !! ³"*6666666666666666666666666!!2!!2 !!2 !!2 198 255442 153 135110 18470133 55 1651481402758 76 106 710 1818 719 713 700 717 DODD RDMARIE AVE W 362'192'303.5'366'77.7' 8''16''0''Dakota County GIS Lot 1, Gangle First Addition City ofMendotaHeights050 SCALE IN FEET GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. 3/17/2017 Acquired Area page 27 REQUEST FOR COUNCIL ACTION DATE: March 21, 2017 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Wetland Conservation Act Application – Dakota County COMMENT: INTRODUCTION The Council is asked approve a Wetland Conservation Act (WCA) permit application. BACKGROUND The City Council of Mendota Heights is the Local Governmental Unit (LGU) that administers the Minnesota Wetland Conservation Act (WCA). A wetland delineation report and replacement plan for the Dakota County TH 110 Trail and Underpass project was submitted to the city on February 23, 2017. DISCUSSION The delineation report identified eight (8) wetlands within the project limits. The applicant is requesting a boundary type approval for all wetlands delineated in the report and is also proposing permanent impacts to Wetland 2, Wetland 9, and Wetland 5 in two areas. The impacts to the wetlands are proposed to be remediated through wetland banking. The first impact to Wetland 5 totals 218 square feet being necessitated by the installation of a storm sewer outlet. The second impact totals 0.03 acres for the construction of a pedestrian bridge. Impacts to Wetland 9 total 0.02 acres and Wetland 2 total 126 square feet for the construction of a pedestrian under pass of Trunk Highway 110. Dakota County is proposing to fill the wetlands and has secured wetland credits from an approved wetland bank. The wetlands are being replaced at a 2:1 ratio. The wetland bank credits are of a higher value and function wetland within the same Minnesota River watershed but not located in Mendota Heights. Wetland Application attached. BUDGET IMPACT None, this process is a judicial requirement of the city. If council approves the application a Notice of Decision will be sent to respective agencies (Dakota County SWCD, BWSR, LMRWMO, Army Corps.) The previously listed agencies have not submitted comments but did assist in verifying that the application was complete. page 28 RECOMMENDATION Staff recommends that council approve and accept the application as submitted by SRF Consulting Group, Inc. on behalf of Dakota County and direct staff to issue the Notice of Decision on the report extension. ACTION REQUIRED If Council wishes to enact the staff recommendation, it should pass a motion accepting the delineation report and replacement plan and authorizing staff to issue a Notice of Decision. This action requires a simple majority vote. page 29 TH 110 Pedestrian Crossing SP 019-090-018 Wetland Delineation Report Version 4.0 Dakota County March 14, 2017 SRF No. 8796 page 30 Table of Contents Introduction ............................................................................................................... 1 Methodologies ........................................................................................................... 1 Description of Wetland Resources and Land use ................................................ 2 General Description of Project Area .............................................................. 2 Water Resources Identified in the Project Corridor ..................................... 2 Discussion .................................................................................................................. 3 Wetland W-1 ....................................................................................................... 3 Wetland W-2 ....................................................................................................... 4 Wetland W-3 ....................................................................................................... 4 Wetland W-4 ....................................................................................................... 4 Wetland W-5 ....................................................................................................... 4 Wetlands W-8, W-9, and W-10 ........................................................................ 5 Regulatory Context ................................................................................................... 5 Conclusions and Recommendations ...................................................................... 5 References .................................................................................................................. 6 Appendix A – Figures Appendix B – Wetland Delineation Data Sheets Appendix C – Photographs Appendix D – Climatology Data H:\Projects\8796\EP\Reports\Wetlands\Delineation Report\Version 4_20170314\8796_TH110_V4_WetlandReport_20170314.docx page 31 Introduction This report documents wetland delineation efforts for the Trunk Highway (TH) 110 Pedestrian Crossing, located in Dakota County, Minnesota (see Appendix A, Figures 1 and 2). This report has been revised since Version 2.0 (dated April 18, 2016) to no longer include several private parcels located along the creek and south of TH 110. The proposed project alignment would not require right of way from these parcels; therefore, they have been removed from the project review area. Methodologies Wetlands (see Appendix A, Figures 3 and 4) were delineated August 5, 2015 using the routine on- site method set forth in the 1987 Corps of Engineers Wetlands Delineation Manual, specifically, the Northcentral and Northeast (V. 2.0) Regional Supplement (hereafter The Manual). This method is required under both the federal Clean Water Act and the Minnesota Wetland Conservation Act (WCA). Using this method, wetland boundaries are determined through an examination of vegetation, soils and hydrology. Criteria and indicators for each of these parameters are outlined in the Delineation Manual. Wetland edges were surveyed in the field using the Trimble GeoXH handheld GPS unit capable of sub-foot accuracy. Wetland boundaries for Wetlands W-3, W-4 and W-5 were marked with sequentially numbered pin flags labeled “WETLAND DELINEATION SRF CONSULTING”. Wetlands W-1 and W-2 were not marked with pin flags due to their clear upland / wetland boundary and because they appeared to be manmade stormwater ponds. Due to safety concerns, median wetlands (Wetlands W-8, W-9, and W-10) were delineated via an offsite Level 1 wetland delineation that utilized aerial photography and contour data. The attached data sheets (see Appendix B) document dominant plant species, results of soil sampling and observations of hydrology at representative transect locations. In addition, identified wetlands are classified according to methodologies set forth in Wetland Plants and Plant Communities of Minnesota & Wisconsin - Third Edition (USCOE Publication; Eggers and Reed. 2011) and Wetlands of the United States (USFWS Circular 39, Shaw and Fredine, 1971). Pinnacle Engineering, Inc. also conducted a wetland delineation in this area in 2005 for an 8-acre parcel of land owned by Paster Enterprises, LLC. Three wetlands within the project area were delineated by Pinnacle Engineering, Inc.; they were labeled as Wetland 1 (Wetland W-5 in this report), Wetland 3, and Wetland 4. Wetlands 3 and 4 from the delineation completed by Pinnacle Engineering, Inc. were not found during SRF’s 2015 wetland delineation. These wetlands were likely drained or filled as a result of development that has occurred on the Paster site between the time of the previous delineation in 2005 and the current delineation. The wetland boundaries were approved by Sue McDermott of the City of Mendota Heights (the Local Government Unit) on September 2, 2005. page 32 Description of Wetland Resources and Land use General Description of Project Area Land use within the project area is primarily open, undeveloped land, with some forested areas and wetlands. TH 110 crosses the north end of the project area and property north of TH 110 and west of the project area is in commercial development (see Figure 2 in Appendix A and photographs in Appendix C). Wetland W-1 is an open water storm pond and wetlands W-2 and W-3 are ditch wetlands. Wetland W-4 is a large natural wetland located in the southeast portion of the project area, adjacent to the east side of wetland W-5. Wetland W-5 is a drainage channel with steep sides that flows northwest under the TH 110 / Dodd Road intersection via a culvert. Wetlands W-8, W-9, and W-10 are small basins located in the TH 110 median. Water Resources Identified in the Project Corridor Eight wetlands were delineated within or adjacent to the project area. Descriptions of each wetland are provided below. A summary of characteristics are given in Table 1. Additional detail concerning vegetation, soils and hydrology are given in the attached wetland delineation data forms (Appendix B). Photographs of the delineated wetlands and other sample point locations are provided in Appendix C. There is one Department of Natural Resources (DNR) Public Water Basin within the project area (P103), which overlaps portions of Wetlands W-4 and W-5. Table 1. Project Area Wetlands Area ID Delineation Method Mapped Hydric Soils Mapped by the NWI Type Eggers and Reed Dominant Vegetation W-1 Level 2 No Yes Type 5 (Shallow Open Water) Cattails, Swamp Milkweed, Duckweed W-2 Level 2 No No Type 3 (Shallow Marsh) Cattails, Reed Canary Grass, Stinging Nettle W-3 Level 2 No No Type 3 (Shallow Marsh) Cattails, Reed Canary Grass, Stinging Nettle W-4 Level 2 Yes Yes Type 2 (Fresh Wet Meadow) Reed Canary Grass, Stinging Nettle W-5 Level 2 Yes Yes* Type 3 (Shallow Marsh) / Type 4 (Deep Marsh) / Type 6 (Shrub Swamp) Reed Canary Grass, Stinging Nettle, Cattails, European Buckthorn W-8 Level 1 (Median) No No Type 1 (Seasonally Flooded Basin) Reed Canary Grass W-9 Level 1 (Median) No No Type 1 (Seasonally Flooded Basin) Reed Canary Grass W-10 Level 1 (Median) No No Type 1 (Seasonally Flooded Basin) Reed Canary Grass * The hydric soil or NWI wetland boundary partially overlaps the delineated wetland area. page 33 Table 2 summarizes antecedent precipitation prior to the historical aerial imagery provided in Appendix A (Figures 4-11), as well as the field delineation date (August 5, 2015); see Appendix D. Table 2. Precipitation Antecedent to Aerial Photography and Field Review Date Event Wetness Status (Based on Minnesota Climatological Working Group Data) 4/16/1991 Aerial Photography 14 (Normal) 7/18/2003 Aerial Photography 14 (Normal) 8/20/2004 Aerial Photography 13 (Normal) 6/16/2005 Aerial Photography 12 (Normal) 5/31/2006 Aerial Photography 14 (Normal) 5/21/2008 Aerial Photography 15 (Wet) 6/2/2009 Aerial Photography 9 (Dry) 5/18/2010 Aerial Photography 11 (Normal) 8/5/2015 Field Review 16 (Wet) Discussion The wetlands delineated within the project area are Type 1 (seasonally flooded basin), Type 2 (wet meadow), Type 3 (shallow marsh), Type 4 (deep marsh), Type 5 (shallow open water) and Type 6 (shrub swamp). Figure 3 (see Appendix A) shows the field-delineated wetland boundaries. The NRCS soil survey maps hydric soil units within the project area, which overlap the boundaries of several of the delineated wetlands (see Table 1). Wetland W-1 is mapped in the NWI as a PUBFx (palustrine unconsolidated bottom permanently flooded excavated) wetland. Wetland W-4 and part of Wetland W-5 are mapped in the NWI as part of a larger PEMCd (palustrine emergent seasonally flooded drained) wetland. In addition, Figure 12 (see Appendix A) shows the light detection and ranging (LiDAR) two-foot contours for the project area. Wetland W-1 Wetland W-1 is a Type 5 (shallow open water) wetland located in the northwest portion of the project area, adjacent to Dodd Road. Based on a review of historical aerial imagery, it appears to be a created stormwater pond. A water feature (fountain) was running in the center of the wetland at the time of the field delineation; the fountain likely slows / prevents the growth of any floating vegetation. Dominant vegetation in the wetland fringe is cattails (Typha angustifolia), swamp milkweed (Asclepias incarnata), and duckweed (Lemna minor). The transition to upland is well defined, with upland species present up to the edge of the cattail fringe. The slope from upland to wetland is steep on the west side and more gradual on the east side. Hydrology to the wetland is received via runoff from the impervious surface to the north and east (a culvert drains into the wetland from the northeast) and the surrounding uplands. page 34 Wetland W-2 Wetland W-2 is a Type 3 (shallow marsh) wetland located in the northeast portion of the project area. It is bordered by the pedestrian trail south of Market Street on the north and TH 110 on the south. Dominant vegetation in the wetland is cattails (Typha angustifolia), reed canary grass (Phalaris arundinacea), and stinging nettle (Urtica dioica). There is a distinct vegetation change just outside the wetland boundary from cattails to a mown upland ditch. There are somewhat steep slopes from the wetland to the adjacent uplands. Hydrology to the wetland is received from runoff from the commercial area north of Market Street and a culvert at the east end of the wetland. Wetland W-3 Wetland W-3 is a Type 3 (shallow marsh) wetland located south of TH 110, near the northeast corner of the project area. It is located between TH 110 and the forested area that dominates the eastern portion of the project area. Dominant vegetation in the wetland is cattails (Typha angustifolia), reed canary grass (Phalaris arundinacea), and stinging nettles (Urtica dioica). There is a gradual vegetation change to the upland forest to the south and to upland ditch vegetation to the north. There is a steep slope from the north side of the wetland to TH 110 and a more gradual slope into the forested upland to the south. Hydrology to the wetland is received from runoff from TH 110 and the adjacent uplands. Wetland W-4 Wetland W-4 is a Type 2 (fresh wet meadow) wetland located in the southwest corner of the project area. It is heavily vegetated with reed canary grass (Phalaris arundinacea) and some stinging nettle (Urtica dioica) within and beyond the project area (see Figure 3 in Appendix A). Inside the project area, the hydrology seems to be maintained by the drainageways that pass through, along with naturally occurring sources. Other than the steep slopes that lead into the low drainageways, the topography is gradual in all directions. There is a fairly steep slope from the upland forest to the north down to the wetland, with cottonwood trees (Populous deltoides) and European buckthorn (Rhamnus cathartica) along the northern fringe of the wetland. Hydrology to the wetland is received via runoff from surrounding uplands. Wetland W-5 Wetland W-5 is a Type 3/4/6 (shallow marsh / deep marsh / shrub swamp) wetland located along the southwest edge of the project area. Despite the observation of some flow through the wetland during the field review, the entire area was determined to be a wetland rather than a stream with wetland fringe due to the presence of a mix of wetland vegetation within as well as along both sides of the channel. The upland/wetland transition is fairly defined along most of the wetland due to fairly steep slopes. Vegetation along the wetland varies: mostly reed canary grass (Phalaris arundinacea), stinging nettles (Urtica dioica), European buckthorn (Rhamnus cathartica), and cottonwood (Populus deltoides) along the southern portion of the wetland; mostly reed canary grass, stinging nettles, jewelweed (Impatiens capensis), and cattails (Typha angustifolia) along the center portion of the wetland; and mostly stinging nettles, jewelweed, and European buckthorn along the northern page 35 portion of the wetland. Hydrology to the wetland is received via runoff from the adjacent uplands, Wetland W-4, and other sources to the south (Wetland W-5 extends beyond the project area to the south). Water moves through this wetland to the northwest and through the culvert that passes underneath the TH 110 / Dodd Road intersection. Wetlands W-8, W-9, and W-10 Wetlands W-8, W-9, and W-10 are Type 1 (seasonally flooded basin) wetlands located in the TH 110 median. These wetlands appear to have developed as a result of inadequate drainage. Vegetation in the wetlands is mostly reed canary grass (Phalaris arundinacea), and the median is mowed. These wetlands were not mapped in the field due to their location in the highway median; a Level 1 off site delineation was completed using aerial photography and contour data instead. Hydrology to the wetland is received from surface runoff from TH 110 as well as the surrounding uplands. Regulatory Context Impacts to jurisdictional wetlands are regulated by the Local Government Units (LGU’s) under the WCA. Typically, the U.S. Army Corps of Engineers (USACE) has jurisdiction of wetlands that are hydrologically connected to Waters of the U.S., and the DNR has jurisdiction over Public Waters Inventory (PWI) basins. Prior to the permitting process, the USACE will be requested to complete either a final or preliminary Jurisdictional Determination on all water resources within the project area. Impacts to wetlands within this area of the state are typically replaced at a ratio of 2:1. Conclusions and Recommendations Based on a combination of field delineations and review of off-site sources we conclude that the field delineated areas represent the correct wetland boundaries. A Technical Evaluation Panel (TEP) will be convened to approve the wetland boundaries. It is recommended that no construction activities commence prior to receiving boundary approvals and relevant permits. Concurrent with the TEP process, final or preliminary jurisdictional determinations will be requested from the USACE. page 36 References Clean Water Act, Section 401. Water Quality Certification. 33 USC 1341. Clean Water Act, Section 404. Permits for the Discharge of Dredged and Fill Material. 33 USC 1344. Cowardin, LM, V. Carter, FC Golet, and ET LaRoe. 1979. Classification of Wetlands and Deep-water Habitats of the United States. Office of Biological Services, Fish and Wildlife Service, US Department of the Interior, Washington, DC. FWS/OBS-79-31. Executive Order 11990. Protection of Wetlands. Lichvar, R.W., M. Butterwick, N.C. Melvin, and W.N. Kirchner. 2014. The National Wetland Plant List: 2014 Update of Wetland Ratings. Phytoneuron 2014-41: 1-42. Minnesota Department of Natural Resources. Protected Waters and Protected Waters Wetland Map of Dakota County. Minnesota Department of Natural Resources. Protected Waters Work Permit Program. Natural Resources Conservation Service. Various years. SSURGO soils database. Natural Resources Conservation Service. Various years. Dakota County Hydric Soils List. Shaw, SP, and CG Fredine. 1956. Wetlands of the United States (‘Circular 39’). United States Fish and Wildlife Service. USACOE (US Army Corps of Engineers). 1987. The 1987 Army Corps of Engineers Wetland Delineation Manual and Associated Regulatory Guidance Letters (RGLs), and Northcentral and Northeast (V. 2.0) Supplement. USFWS (US Fish and Wildlife Service). Various years. National Wetland Inventory (NWI). USGS (US Geological Survey) 7.5-minute quadrangle maps. I hereby certify that this report was prepared by me or under my direct supervision and that I am a Certified Wetland Delineator under the Wetland Delineator Certification Program for the State of Minnesota. ________________________________________________________________________________________________________________________________________________________________________________ Nicole Zappetillo (WDCP #1242) Senior Environmental Analyst page 37 Appendix A – Figures  Figure 1 – Project Location  Figure 2 – Project Area  Figure 3 – Wetland Delineation, Soils, NWI  Figure 4 – 1991 Historical Aerial Photograph  Figure 5 – 2003 Historical Aerial Photograph  Figure 6 – 2004 Historical Aerial Photograph  Figure 7 – 2005 Historical Aerial Photograph  Figure 8 – 2006 Historical Aerial Photograph  Figure 9 – 2008 Historical Aerial Photograph  Figure 10 – 2009 Historical Aerial Photograph  Figure 11 – 2010 Historical Aerial Photograph  Figure 12 – LiDAR Contours page 38 !"b$ %&f( %&h( !"b$ %&d( %&c( Robbinsdale Edina Golden Valley Medina Minnetonka North Oaks Oak Grove Rosemount Orono Plymouth Ramsey Richfield Roseville Saint Louis Park Shoreview East Bethel Lino Lakes Corcoran Maple Grove Hugo Eden Prairie Savage Apple Valley Bloomington Brooklyn Center Minneapolis Eagan Prior Lake Shakopee Nowthen Saint Francis Hastings Fridley Coon Rapids Blaine Andover Anoka Grant Champlin Ham Lake Victoria Forest Lake Scandia Chaska Minnetrista Chanhassen Wyoming Columbus Stacy Burnsville Inver Grove Heights Lakeville Saint Paul Cottage Grove Lake Elmo AftonWoodbury Otsego Greenfield Saint Michael Brooklyn Park Elk River Independence Dayton Figure 1J:\Maps\8796\mxd\Wetlands\Figure01_ProjectLocation.mxdProject LocationTH 110 Pedestrian Crossing Dakota County Project Location Mendota Heights, MN ! 0 5 10Miles [ SP 019-090-018 page 39 R A M S E Y R A M S E Y C O U N T Y C O U N T Y D A K O TA D A K O TA C O U N T Y C O U N T Y H E N N E P I N H E N N E P I N C O U N T Y C O U N T Y ?A110?A110 ?A149 ?A13 ?A913A ?A5 ?A51 ?A13 ?A149 ?A5 ?A55 ?A13 ?A149 ?A149 ?A55 ?A55 !"#494 !"#35E !"#35EMississippi RiverMinnesota RiverMendota Lilydale Sunfish Lake Eagan Mendota Heights Inver Grove Heights West Saint Paul Saint Paul Figure 2J:\Maps\8796\mxd\Wetlands\Figure02_ProjectArea_20170314.mxdProject AreaTH 110 Pedestrian Crossing Dakota CountySP 019-090-018 ![ 0 0.5 1 Miles Legend Wetland Delineation Limits Municipal Boundary County Boundary page 40 !(!(!(!(!(!(!(!(!( !( !( !(!( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!( !(!(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!( !(!( !( !( !( W-4 W-2 W-1 W-3W-5 W3-7 W3-9 W4-7 W5-3 W5-27 W5-30 W5-32 W5-33 W5-34 W5-35 W5-36 W5-5 W5-29 W5-28 W5-26 W5-25 W5-23 W5-21 W5-11 W5-9 W5-7 W4-10 W5-1 W4-8 W4-6 W4-5 W4-4 W4-3 W4-2 W4-1 W3-5 W3-3 W3-1 P-1 P-2 P-3 P-4 P-5 SP-2 SP-3 SP-9 SP-8 SP-7 SP-6 SP-5 SP-4SP-1 W-8 W-9 W-10 W5 ?A149 ?A110 ?A110 ?A149 Ri d g e P l Aztec LaHighway 110 Frontage RdLindenStWachtlerAve Fox PlMaple St Main StS Freeway Rd Creek Ave Ridge Pl S Plaza Dr Market St Highway110FrontageRd PEMFd PUBFx PFO/EM1Cd PEMCd PUBFx PUBFx PEMFx PFO1Cd ![ Legend !(Sample Point !(Photo Point !(Wetland Point L1 Delineated Wetlands L2 Delineated Wetlands Wetland Delineation Limits NWI Wetland Classifications Public Waters Inventory - Waterways Public Waters Inventory - Basin SSURGO - Dakota County Soils SSURGO Hydric Soils - Dakota County 0 300 600 Feet Aerial Source: MnGeo WMS Service 2013 color DakotaAerial Source: MnGeo WMS Service 2013 color Dakota Figure 3J:\Maps\8796\mxd\Wetlands\Figure03_Wetlands_20170314.mxdWetlandsTH 110 Pedestrian Crossing Dakota CountySP 019-090-018 page 41 W-5 W5 W-4 W-2 W-1 W-3 ?A149 ?A110 ?A110 ?A149 Ri d g e P l Aztec LaHighway 110 Frontage RdLindenStWachtlerAve Fox PlMaple St Main StS Freeway Rd Creek Ave Ridge Pl S Plaza Dr Market St Highway110FrontageRd W-8 W-9 W-10 ![ Legend L2 Delineated Wetlands L1 Delineated Wetlands Wetland Delineation Limits 0 300 600 Feet Aerial Source: MnGeo WMS Service 1991 BW USGSAerial Source: MnGeo WMS Service 1991 BW USGS Figure 4J:\Maps\8796\mxd\Wetlands\historic\Figure04_HistoricAerial_1991_20170314.mxd1991 Historical Aerial PhotographTH 110 Pedestrian Crossing Dakota CountySP 019-090-018 page 42 W-5 W5 W-4 W-2 W-1 W-3 ?A149 ?A110 ?A110 ?A149 Ri d g e P l Aztec LaHighway 110 Frontage RdLindenStWachtlerAve Fox PlMaple St Main StS Freeway Rd Creek Ave Ridge Pl S Plaza Dr Market St Highway110FrontageRd W-8 W-9 W-10 ![ Legend L2 Delineated Wetlands L1 Delineated Wetlands Wetland Delineation Limits 0 300 600 Feet Aerial Source: MnGeo WMS Service Dakota County 2003Aerial Source: MnGeo WMS Service Dakota County 2003 Figure 5J:\Maps\8796\mxd\Wetlands\historic\Figure05_HistoricAerial_2003_20170314.mxd2003 Historical Aerial PhotographTH 110 Pedestrian Crossing Dakota CountySP 019-090-018 page 43 W-5 W5 W-4 W-2 W-1 W-3 ?A149 ?A110 ?A110 ?A149 Ri d g e P l Aztec LaHighway 110 Frontage RdLindenStWachtlerAve Fox PlMaple St Main StS Freeway Rd Creek Ave Ridge Pl S Plaza Dr Market St Highway110FrontageRd W-8 W-9 W-10 ![ Legend L2 Delineated Wetlands L1 Delineated Wetlands Wetland Delineation Limits 0 300 600 Feet Aerial Source: MnGeo WMS Service Dakota County 2004Aerial Source: MnGeo WMS Service Dakota County 2004 Figure 6J:\Maps\8796\mxd\Wetlands\historic\Figure06_HistoricAerial_2004_20170314.mxd2004 Historical Aerial PhotographTH 110 Pedestrian Crossing Dakota CountySP 019-090-018 page 44 W-5 W5 W-4 W-2 W-1 W-3 ?A149 ?A110 ?A110 ?A149 Ri d g e P l Aztec LaHighway 110 Frontage RdLindenStWachtlerAve Fox PlMaple St Main StS Freeway Rd Creek Ave Ridge Pl S Plaza Dr Market St Highway110FrontageRd W-8 W-9 W-10 ![ Legend L2 Delineated Wetlands L1 Delineated Wetlands Wetland Delineation Limits 0 300 600 Feet Aerial Source: MnGeo WMS Service Dakota County 2005Aerial Source: MnGeo WMS Service Dakota County 2005 Figure 7J:\Maps\8796\mxd\Wetlands\historic\Figure07_HistoricAerial_2005_20170314.mxd2005 Historical Aerial PhotographTH 110 Pedestrian Crossing Dakota CountySP 019-090-018 page 45 W-5 W5 W-4 W-2 W-1 W-3 ?A149 ?A110 ?A110 ?A149 Ri d g e P l Aztec LaHighway 110 Frontage RdLindenStWachtlerAve Fox PlMaple St Main StS Freeway Rd Creek Ave Ridge Pl S Plaza Dr Market St Highway110FrontageRd W-8 W-9 W-10 ![ Legend L2 Delineated Wetlands L1 Delineated Wetlands Wetland Delineation Limits 0 300 600 Feet Aerial Source: MnGeo WMS Service Dakota County 2006Aerial Source: MnGeo WMS Service Dakota County 2006 Figure 8J:\Maps\8796\mxd\Wetlands\historic\Figure08_HistoricAerial_2006_20170314.mxd2006 Historical Aerial PhotographTH 110 Pedestrian Crossing Dakota CountySP 019-090-018 page 46 W-5 W5 W-4 W-2 W-1 W-3 ?A149 ?A110 ?A110 ?A149 Ri d g e P l Aztec LaHighway 110 Frontage RdLindenStWachtlerAve Fox PlMaple St Main StS Freeway Rd Creek Ave Ridge Pl S Plaza Dr Market St Highway110FrontageRd W-8 W-9 W-10 ![ Legend L2 Delineated Wetlands L1 Delineated Wetlands Wetland Delineation Limits 0 300 600 Feet Aerial Source: MnGeo WMS Service Dakota County 2008Aerial Source: MnGeo WMS Service Dakota County 2008 Figure 9J:\Maps\8796\mxd\Wetlands\historic\Figure09_HistoricAerial_2008_20170314.mxd2008 Historical Aerial PhotographTH 110 Pedestrian Crossing Dakota CountySP 019-090-018 page 47 W-5 W5 W-4 W-2 W-1 W-3 ?A149 ?A110 ?A110 ?A149 Ri d g e P l Aztec LaHighway 110 Frontage RdLindenStWachtlerAve Fox PlMaple St Main StS Freeway Rd Creek Ave Ridge Pl S Plaza Dr Market St Highway110FrontageRd W-8 W-9 W-10 ![ Legend L2 Delineated Wetlands L1 Delineated Wetlands Wetland Delineation Limits 0 300 600 Feet Aerial Source: MnGeo WMS Service Dakota County 2009Aerial Source: MnGeo WMS Service Dakota County 2009 Figure 10J:\Maps\8796\mxd\Wetlands\historic\Figure10_HistoricAerial_2009_20170314.mxd2009 Historical Aerial PhotographTH 110 Pedestrian Crossing Dakota CountySP 019-090-018 page 48 W-5 W5 W-4 W-2 W-1 W-3 ?A149 ?A110 ?A110 ?A149 Ri d g e P l Aztec LaHighway 110 Frontage RdLindenStWachtlerAve Fox PlMaple St Main StS Freeway Rd Creek Ave Ridge Pl S Plaza Dr Market St Highway110FrontageRd W-8 W-9 W-10 ![ Legend L2 Delineated Wetlands L1 Delineated Wetlands Wetland Delineation Limits 0 300 600 Feet Aerial Source: MnGeo WMS Service Dakota County 2010Aerial Source: MnGeo WMS Service Dakota County 2010 Figure 11J:\Maps\8796\mxd\Wetlands\historic\Figure11_HistoricAerial_2010_20170314.mxd2010 Historical Aerial PhotographTH 110 Pedestrian Crossing Dakota CountySP 019-090-018 page 49 85 6 8 5 2850 8 4 2 84 0 838842840 834 86 4 83 8 8448428408588548408 3 2 8428 3 8 83883 2 878 876 874 870 868 862 858 884866 866 864 862 8668 6 4 848842838856 854 852 86685685486 2 860 858 862860858 856 850 854852852 850 852 850 8 6 2860858856 866864866 8 6 4856854 854852854852848848846 848 8 4 6 844 8448388 3 6 836 850 864862 8 5 8 852 8 5 6 856854 852 858 85684 8 8528 6 0 858 856 864 8 6 6 860862 852 852850850 8 4 4 868 868 86 886 8 8688628608 5 4 854854854 854 852852 850 844846842838 8 3 68348 3 4 8 3 2 832 83 0 W-3 W-4 W-1 W-5 W-5 W-8 W-9 W-10 ![ 0 200 400 Feet Aerial Source: NAIP Minnesota 2015 1m Figure 11J:\Maps\8796\mxd\Wetlands\Figure12_LiDARContours_20170314.mxdLiDAR ContoursTH 110 Pedestrian Crossing Dakota CountySP 019-090-018 Legend L2 Delineated Wetlands L1 Delineated Wetlands Wetland Delineation Limits 2-foot Contours page 50 Appendix B – Wetland Delineation Data Sheets page 51 Slope (%): NWI Classification: Are climatic/hydrologic conditions of the site typical for this time of the year? Are vegetation , soil , or hydrology significantly disturbed? Are vegetation , soil , or hydrology naturally problematic? (If needed, explain any answers in remarks) Hydrophytic vegetation present?Is the sampled area within a wetland? Hydric soil present? Indicators of wetland hydrology present?If yes, optional wetland site ID: Remarks: (Explain alternative procedures here or in a separate report.) Primary Indicators (minimum of one is required; check all that apply) Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Iron Deposits (B5) Marl Deposits (B15) Datum: Sparsely Vegetated Concave Surface (B8) Presence of Reduced Iron (C4) SUMMARY OF FINDINGS N N N Other (Explain in Remarks) Water Marks (B1) Saturation (A3) High Water Table (A2) Surface Water (A1) Recent Iron Reduction in Tilled Soils (C6) Oxidized Rhizospheres on Living Roots (C3) Hydrogen Sulfide Odor (C1) Thin Muck Surface (C7) Inundation Visible on Aerial Imagery (B7) Saturation Visible on Aerial Imagery (C9) WETLAND DETERMINATION DATA FORM - Northcentral and Northeast Region no to 5 Yes Evaluation of antecedent precipitation from 30-day rolling totals resulted in a multi-month score of 16 (Wet), which means that the prior period has been wetter than normal. N HYDROLOGY No Microtopographic Relief (D4) FAC-Neutral Test (D5) No Indicators of wetland hydrology present?N Secondary Indicators (minimum of two required) Aquatic Fauna (B13) Water-Stained Leaves (B9)Surface Soil Cracks (B6) None No X Moss Trim Lines (B16) (includes capillary fringe) Field Observations: Surface water present? Water table present? Saturation present? Depth (inches):Yes X Depth (inches):no to 5 Shallow Aquitard (D3) Geomorphic Position (D2) Dry-Season Water Table (C2) Crayfish Burrows (C8) Stunted or Stressed Plants (D1) Yes X Depth (inches): Algal Mat or Crust (B4) Drainage Patterns (B10) Drift Deposits (B3) Sediment Deposits (B2) Investigator(s): Project/Site: Applicant/Owner:State: Are "normal circumstances" present?Yes NAD 83 Landform (hillslope, terrace, etc.):Local relief (concave, convex, none): No (If no, explain in remarks) Soil Map Unit Name857B-Urban land-Waukegan complex, 1 to 8 percent slopes Lat.: Sampling Date:8/5/2015Mendota Heights / Dakota 44.884278 N Long.:-93.123048 W Section, Township, Range:Sec. 25, T28N, R23WN. Zappetillo & M. Billings, SRF Consulting Group Sampling Point:SP-1Dakota County MN TH 110 Crossing City/County: page 52 50/20 Thresholds Tree Stratum 1 Sapling/Shrub Stratum 2 Herb Stratum 3 Woody Vine Stratum 4 5 Dominance Test Worksheet 6 7 8 (A) 9 10 (B) =Total Cover (A/B) 1 Prevalence Index Worksheet 2 Total % Cover of: 3 OBL species x 1 = 4 FACW species x 2 = 5 FAC species x 3 = 6 FACU species x 4 = 7 UPL species x 5 = 8 Column totals (A)(B) 9 Prevalence Index = B/A = 10 =Total Cover Hydrophytic Vegetation Indicators: Rapid test for hydrophytic vegetation Dominance test is >50% 1 Prevalence index is ≤3.0* 2 3 4 5 6 7 8 9 10 11 12 13 14 15 =Total Cover 1 2 3 4 5 =Total Cover Remarks: (Include photo numbers here or on a separate sheet) Problematic hydrophytic vegetation* (explain) 50%20% 19 0 0 0 1 Sampling Point:SP-1VEGETATION - Use scientific names of plants Morphogical adaptations* (provide supporting data in Remarks or on a separate sheet) 0 Indicator Status Number of Dominant Species that are OBL, FACW, or FAC: Percent of Dominant Species that are OBL, FACW, or FAC: Total Number of Dominant Species Across all Strata: 0 0 97 50 47 0 none 95 0 Woody Vine Stratum Plot Size ( 30' radius )Absolute % Cover Dominant Species Poa pratensis 40 Y FACU Cirsium arvense 5 N FACU 0 Herb Stratum Plot Size (5' radius )Absolute % Cover Dominant Species Indicator Status Bromus inermis 50 Y UPL Dominant Species Indicator Status none 0 2 Sapling/Shrub Stratum Plot Size (15' radius )Absolute % Cover Tree Stratum Plot Size (30' radius Ulmus pumila 250 188 0 0 0 )Absolute % Cover Dominant Species Indicator Status 2 FACU N Hydrophytic vegetation present? *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic Definitions of Vegetation Strata: Tree - Woody plants 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/shrub - Woody plants less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb - All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody vines - All woody vines greater than 3.28 ft in height. 438 0 0.00% 4.52 2 0 48 0 page 53 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Indicators for Problematic Hydric Soils: Histisol (A1)2 cm Muck (A10) (LRR K, L, MLRA 149B Histic Epipedon (A2)Coast Prairie Redox (A16) (LRR K, L, R) Black Histic (A3)5 cm Mucky Peat or Peat (S3) (LRR K, L, R) Hydrogen Sulfide (A4)Dark Surface (S7) (LRR K, L Stratified Layers (A5)Polyvalue Below Surface (S8) (LRR K, L) Depleted Below Dark Suface (A11)Thin Dark Surface (S9) (LRR K, L) Thick Dark Surface (A12)Loamy Gleyed Matrix (F2)Iron-Manganese Masses (F12) (LRR K, L, R) Sandy Mucky Mineral (S1)Depleted Matrix (F3)Piedmont Floodplain Soils (F19) (MLRA 149B) Sandy Gleyed Matrix (S4)Redox Dark Surface (F6)Mesic Spodic (TA6) (MLRA 144A, 145, 149B) Sandy Redox (S5)Depleted Dark Surface (F7)Red Parent Material (F21) Stripped Matrix (S6)Redox Depressions (F8)Very Shallow Dark Surface (TF12) Other (Explain in Remarks) *Indicators of hydrophytic vegetation and weltand hydrology must be present, unless disturbed or problematic Restrictive Layer (if observed): Remarks: 0-5 10010YR4/3 Texture FS Sampling Point:SP-1SOIL *Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains **Location: PL=Pore Lining, M=Matrix Depth (Inches) Matrix %Color (moist)Color (moist)%Loc**Type* Redox Features Hydric Soil Indicators: RocksType: Polyvalue Below Surface (S8) (LRR R, MLRA 149B) Thin Dark Surface (S9) (LRR R, MLRA 149B Loamy Mucky Mineral (F1) (LRR K, L) Dark Surface (S7) (LRR R, MLRA 149B) Depth (inches):5 NHydric soil present? Remarks page 54 Slope (%): NWI Classification: Are climatic/hydrologic conditions of the site typical for this time of the year? Are vegetation , soil , or hydrology significantly disturbed? Are vegetation , soil , or hydrology naturally problematic? (If needed, explain any answers in remarks) Hydrophytic vegetation present?Is the sampled area within a wetland? Hydric soil present? Indicators of wetland hydrology present?If yes, optional wetland site ID: Remarks: (Explain alternative procedures here or in a separate report.) Primary Indicators (minimum of one is required; check all that apply) X X X X Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Sampling Date:8/5/2015Mendota Heights / Dakota 44.884325 N Long.:-93.123149 W Section, Township, Range:Sec. 25, T28N, R23WN. Zappetillo & M. Billings, SRF Consulting Group Sampling Point:SP-2Dakota County MN TH 110 Crossing City/County: Depth (inches): Algal Mat or Crust (B4) Drainage Patterns (B10) Drift Deposits (B3) Sediment Deposits (B2) Investigator(s): Project/Site: Applicant/Owner:State: Are "normal circumstances" present?Yes NAD 83 Landform (hillslope, terrace, etc.):Local relief (concave, convex, none): No (If no, explain in remarks) Soil Map Unit Name857B-Urban land-Waukegan complex, 1 to 8 percent slopes Lat.: None No Moss Trim Lines (B16) (includes capillary fringe) Field Observations: Surface water present? Water table present? Saturation present? Depth (inches):Yes Depth (inches):6 Shallow Aquitard (D3) Geomorphic Position (D2) Dry-Season Water Table (C2) Crayfish Burrows (C8) Stunted or Stressed Plants (D1) Yes X Thin Muck Surface (C7) Inundation Visible on Aerial Imagery (B7) Saturation Visible on Aerial Imagery (C9) WETLAND DETERMINATION DATA FORM - Northcentral and Northeast Region W1 12 Yes X Stormwater pond - no flagging due to clear wetland boundary. Evaluation of antecedent precipitation from 30-day rolling totals resulted in a multi-month score of 16 (Wet), which means that the prior period has been wetter than normal. Y X HYDROLOGY No Microtopographic Relief (D4) FAC-Neutral Test (D5) No Indicators of wetland hydrology present?Y Secondary Indicators (minimum of two required) Aquatic Fauna (B13) Water-Stained Leaves (B9)Surface Soil Cracks (B6) Iron Deposits (B5) Marl Deposits (B15) Datum: Sparsely Vegetated Concave Surface (B8) Presence of Reduced Iron (C4) SUMMARY OF FINDINGS Y Y Y Other (Explain in Remarks) Water Marks (B1) Saturation (A3) High Water Table (A2) Surface Water (A1) Recent Iron Reduction in Tilled Soils (C6) Oxidized Rhizospheres on Living Roots (C3) Hydrogen Sulfide Odor (C1) page 55 50/20 Thresholds Tree Stratum 1 Sapling/Shrub Stratum 2 Herb Stratum 3 Woody Vine Stratum 4 5 Dominance Test Worksheet 6 7 8 (A) 9 10 (B) =Total Cover (A/B) 1 Prevalence Index Worksheet 2 Total % Cover of: 3 OBL species x 1 = 4 FACW species x 2 = 5 FAC species x 3 = 6 FACU species x 4 = 7 UPL species x 5 = 8 Column totals (A)(B) 9 Prevalence Index = B/A = 10 =Total Cover Hydrophytic Vegetation Indicators: Rapid test for hydrophytic vegetation X Dominance test is >50% 1 X Prevalence index is ≤3.0* 2 3 4 5 6 7 8 9 10 11 12 13 14 15 =Total Cover 1 2 3 4 5 =Total Cover Remarks: (Include photo numbers here or on a separate sheet) Y Hydrophytic vegetation present? *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic Definitions of Vegetation Strata: Tree - Woody plants 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/shrub - Woody plants less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb - All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody vines - All woody vines greater than 3.28 ft in height. 122 2 100.00% 1.09 2 5 54 0 Tree Stratum Plot Size (30' radius Populus deltoides 0 0 15 0 107 )Absolute % Cover Dominant Species Indicator Status 5 Y FAC 0 5 Sapling/Shrub Stratum Plot Size (15' radius )Absolute % Cover Dominant Species Indicator Status none 0 Herb Stratum Plot Size (5' radius )Absolute % Cover Dominant Species Indicator Status Typha angustifolia 90 Y OBL Lemna minor 15 N OBL Asclepias incarnata 2 N OBL Woody Vine Stratum Plot Size ( 30' radius )Absolute % Cover Dominant Species 0 0 none 107 Sampling Point:SP-2VEGETATION - Use scientific names of plants Morphogical adaptations* (provide supporting data in Remarks or on a separate sheet) 0 Indicator Status Number of Dominant Species that are OBL, FACW, or FAC: Percent of Dominant Species that are OBL, FACW, or FAC: Total Number of Dominant Species Across all Strata: 0 107 112 0 0 Problematic hydrophytic vegetation* (explain) 50%20% 21 0 1 0 3 page 56 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Indicators for Problematic Hydric Soils: Histisol (A1)2 cm Muck (A10) (LRR K, L, MLRA 149B Histic Epipedon (A2)Coast Prairie Redox (A16) (LRR K, L, R) Black Histic (A3)5 cm Mucky Peat or Peat (S3) (LRR K, L, R) Hydrogen Sulfide (A4)Dark Surface (S7) (LRR K, L Stratified Layers (A5)Polyvalue Below Surface (S8) (LRR K, L) X Depleted Below Dark Suface (A11)Thin Dark Surface (S9) (LRR K, L) Thick Dark Surface (A12)Loamy Gleyed Matrix (F2)Iron-Manganese Masses (F12) (LRR K, L, R) Sandy Mucky Mineral (S1)Depleted Matrix (F3)Piedmont Floodplain Soils (F19) (MLRA 149B) Sandy Gleyed Matrix (S4)Redox Dark Surface (F6)Mesic Spodic (TA6) (MLRA 144A, 145, 149B) Sandy Redox (S5)Depleted Dark Surface (F7)Red Parent Material (F21) Stripped Matrix (S6)Redox Depressions (F8)Very Shallow Dark Surface (TF12) Other (Explain in Remarks) *Indicators of hydrophytic vegetation and weltand hydrology must be present, unless disturbed or problematic Restrictive Layer (if observed): Remarks: Remarks Polyvalue Below Surface (S8) (LRR R, MLRA 149B) Thin Dark Surface (S9) (LRR R, MLRA 149B Loamy Mucky Mineral (F1) (LRR K, L) Dark Surface (S7) (LRR R, MLRA 149B) Depth (inches): YHydric soil present? Hydric Soil Indicators: noneType: Sampling Point:SP-2SOIL *Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains **Location: PL=Pore Lining, M=Matrix Depth (Inches) Matrix %Color (moist)Color (moist)%Loc** 8-17 10YR4/2 3 C Type* Redox Features 0-8 10010YR3/1 Texture LS SCL977.5YR5/4 M page 57 Slope (%): NWI Classification: Are climatic/hydrologic conditions of the site typical for this time of the year? Are vegetation , soil , or hydrology significantly disturbed? Are vegetation , soil , or hydrology naturally problematic? (If needed, explain any answers in remarks) Hydrophytic vegetation present?Is the sampled area within a wetland? Hydric soil present? Indicators of wetland hydrology present?If yes, optional wetland site ID: Remarks: (Explain alternative procedures here or in a separate report.) Primary Indicators (minimum of one is required; check all that apply) Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Sampling Date:8/5/2015Mendota Heights / Dakota 44.883995 N Long.:-93.121139 W Section, Township, Range:Sec. 25, T28N, R23WN. Zappetillo & M. Billings, SRF Consulting Group Sampling Point:SP-3Dakota County MN TH 110 Crossing City/County: Depth (inches): Algal Mat or Crust (B4) Drainage Patterns (B10) Drift Deposits (B3) Sediment Deposits (B2) Investigator(s): Project/Site: Applicant/Owner:State: Are "normal circumstances" present?Yes NAD 83 Landform (hillslope, terrace, etc.):Local relief (concave, convex, none): No (If no, explain in remarks) Soil Map Unit Name250-Kennebec silt loam Lat.: None No X Moss Trim Lines (B16) (includes capillary fringe) Field Observations: Surface water present? Water table present? Saturation present? Depth (inches):Yes X Depth (inches):no to 17 Shallow Aquitard (D3) Geomorphic Position (D2) Dry-Season Water Table (C2) Crayfish Burrows (C8) Stunted or Stressed Plants (D1) Yes X Thin Muck Surface (C7) Inundation Visible on Aerial Imagery (B7) Saturation Visible on Aerial Imagery (C9) WETLAND DETERMINATION DATA FORM - Northcentral and Northeast Region no to 17 Yes Evaluation of antecedent precipitation from 30-day rolling totals resulted in a multi-month score of 16 (Wet), which means that the prior period has been wetter than normal. N HYDROLOGY No Microtopographic Relief (D4) FAC-Neutral Test (D5) No Indicators of wetland hydrology present?N Secondary Indicators (minimum of two required) Aquatic Fauna (B13) Water-Stained Leaves (B9)Surface Soil Cracks (B6) Iron Deposits (B5) Marl Deposits (B15) Datum: Sparsely Vegetated Concave Surface (B8) Presence of Reduced Iron (C4) SUMMARY OF FINDINGS N N Y Other (Explain in Remarks) Water Marks (B1) Saturation (A3) High Water Table (A2) Surface Water (A1) Recent Iron Reduction in Tilled Soils (C6) Oxidized Rhizospheres on Living Roots (C3) Hydrogen Sulfide Odor (C1) page 58 50/20 Thresholds Tree Stratum 1 Sapling/Shrub Stratum 2 Herb Stratum 3 Woody Vine Stratum 4 5 Dominance Test Worksheet 6 7 8 (A) 9 10 (B) =Total Cover (A/B) 1 Prevalence Index Worksheet 2 Total % Cover of: 3 OBL species x 1 = 4 FACW species x 2 = 5 FAC species x 3 = 6 FACU species x 4 = 7 UPL species x 5 = 8 Column totals (A)(B) 9 Prevalence Index = B/A = 10 =Total Cover Hydrophytic Vegetation Indicators: Rapid test for hydrophytic vegetation X Dominance test is >50% 1 X Prevalence index is ≤3.0* 2 3 4 5 6 7 8 9 10 11 12 13 14 15 =Total Cover 1 2 3 4 5 =Total Cover Remarks: (Include photo numbers here or on a separate sheet) Y Hydrophytic vegetation present? *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic Definitions of Vegetation Strata: Tree - Woody plants 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/shrub - Woody plants less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb - All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody vines - All woody vines greater than 3.28 ft in height. 282 1 100.00% 2.74 1 0 52 0 Tree Stratum Plot Size (30' radius none 50 92 0 140 0 )Absolute % Cover Dominant Species Indicator Status 0 0 0 Sapling/Shrub Stratum Plot Size (15' radius )Absolute % Cover Dominant Species Indicator Status none 0 Herb Stratum Plot Size (5' radius )Absolute % Cover Dominant Species Indicator Status Phalaris arundinacea 70 Y FACW Poa pratensis 20 N FACU Bromus inermis 10 N UPL 3 N FACUTaraxacum officinale Woody Vine Stratum Plot Size ( 30' radius )Absolute % Cover Dominant Species 0 0 none 103 Sampling Point:SP-3VEGETATION - Use scientific names of plants Morphogical adaptations* (provide supporting data in Remarks or on a separate sheet) 0 Indicator Status Number of Dominant Species that are OBL, FACW, or FAC: Percent of Dominant Species that are OBL, FACW, or FAC: Total Number of Dominant Species Across all Strata: 70 0 103 10 23 Problematic hydrophytic vegetation* (explain) 50%20% 21 0 0 0 0 page 59 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Indicators for Problematic Hydric Soils: Histisol (A1)2 cm Muck (A10) (LRR K, L, MLRA 149B Histic Epipedon (A2)Coast Prairie Redox (A16) (LRR K, L, R) Black Histic (A3)5 cm Mucky Peat or Peat (S3) (LRR K, L, R) Hydrogen Sulfide (A4)Dark Surface (S7) (LRR K, L Stratified Layers (A5)Polyvalue Below Surface (S8) (LRR K, L) Depleted Below Dark Suface (A11)Thin Dark Surface (S9) (LRR K, L) Thick Dark Surface (A12)Loamy Gleyed Matrix (F2)Iron-Manganese Masses (F12) (LRR K, L, R) Sandy Mucky Mineral (S1)Depleted Matrix (F3)Piedmont Floodplain Soils (F19) (MLRA 149B) Sandy Gleyed Matrix (S4)Redox Dark Surface (F6)Mesic Spodic (TA6) (MLRA 144A, 145, 149B) Sandy Redox (S5)Depleted Dark Surface (F7)Red Parent Material (F21) Stripped Matrix (S6)Redox Depressions (F8)Very Shallow Dark Surface (TF12) Other (Explain in Remarks) *Indicators of hydrophytic vegetation and weltand hydrology must be present, unless disturbed or problematic Restrictive Layer (if observed): Remarks: Remarks Polyvalue Below Surface (S8) (LRR R, MLRA 149B) Thin Dark Surface (S9) (LRR R, MLRA 149B Loamy Mucky Mineral (F1) (LRR K, L) Dark Surface (S7) (LRR R, MLRA 149B) Depth (inches): NHydric soil present? Hydric Soil Indicators: noneType: Sampling Point:SP-3SOIL *Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains **Location: PL=Pore Lining, M=Matrix Depth (Inches) Matrix %Color (moist)Color (moist)%Loc** 8-17 10YR3/1 25 7.5YR4/4 Type* Redox Features 0-8 9010YR3/1 Texture CL SL 10YR5/8 25 10 10YR5/2 50 page 60 Slope (%): NWI Classification: Are climatic/hydrologic conditions of the site typical for this time of the year? Are vegetation , soil , or hydrology significantly disturbed? Are vegetation , soil , or hydrology naturally problematic? (If needed, explain any answers in remarks) Hydrophytic vegetation present?Is the sampled area within a wetland? Hydric soil present? Indicators of wetland hydrology present?If yes, optional wetland site ID: Remarks: (Explain alternative procedures here or in a separate report.) Primary Indicators (minimum of one is required; check all that apply) X X X Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Iron Deposits (B5) Marl Deposits (B15) Datum: Sparsely Vegetated Concave Surface (B8) Presence of Reduced Iron (C4) SUMMARY OF FINDINGS Y Y Y Other (Explain in Remarks) Water Marks (B1) Saturation (A3) High Water Table (A2) Surface Water (A1) Recent Iron Reduction in Tilled Soils (C6) Oxidized Rhizospheres on Living Roots (C3) Hydrogen Sulfide Odor (C1) Thin Muck Surface (C7) Inundation Visible on Aerial Imagery (B7) Saturation Visible on Aerial Imagery (C9) WETLAND DETERMINATION DATA FORM - Northcentral and Northeast Region W2 16 Yes X Ditch wetland w/steep sides; surrounded by mowed upland ditch - no flagging due to defined boundary. Evaluation of antecedent precipitation from 30-day rolling totals resulted in a multi-month score of 16 (Wet), which means that the prior period has been wetter than normal. Y X HYDROLOGY No Microtopographic Relief (D4) FAC-Neutral Test (D5) No Indicators of wetland hydrology present?Y Secondary Indicators (minimum of two required) Aquatic Fauna (B13) Water-Stained Leaves (B9)Surface Soil Cracks (B6) None No Moss Trim Lines (B16) (includes capillary fringe) Field Observations: Surface water present? Water table present? Saturation present? Depth (inches):Yes Depth (inches):12 Shallow Aquitard (D3) Geomorphic Position (D2) Dry-Season Water Table (C2) Crayfish Burrows (C8) Stunted or Stressed Plants (D1) Yes X Depth (inches): Algal Mat or Crust (B4) Drainage Patterns (B10) Drift Deposits (B3) Sediment Deposits (B2) Investigator(s): Project/Site: Applicant/Owner:State: Are "normal circumstances" present?Yes NAD 83 Landform (hillslope, terrace, etc.):Local relief (concave, convex, none): No (If no, explain in remarks) Soil Map Unit Name250-Kennebec silt loam Lat.: Sampling Date:8/5/2015Mendota Heights / Dakota 44.884019 N Long.:-93.120990 W Section, Township, Range:Sec. 25, T28N, R23WN. Zappetillo & M. Billings, SRF Consulting Group Sampling Point:SP-4Dakota County MN TH 110 Crossing City/County: page 61 50/20 Thresholds Tree Stratum 1 Sapling/Shrub Stratum 2 Herb Stratum 3 Woody Vine Stratum 4 5 Dominance Test Worksheet 6 7 8 (A) 9 10 (B) =Total Cover (A/B) 1 Prevalence Index Worksheet 2 Total % Cover of: 3 OBL species x 1 = 4 FACW species x 2 = 5 FAC species x 3 = 6 FACU species x 4 = 7 UPL species x 5 = 8 Column totals (A)(B) 9 Prevalence Index = B/A = 10 =Total Cover Hydrophytic Vegetation Indicators: Rapid test for hydrophytic vegetation X Dominance test is >50% 1 X Prevalence index is ≤3.0* 2 3 4 5 6 7 8 9 10 11 12 13 14 15 =Total Cover 1 2 3 4 5 =Total Cover Remarks: (Include photo numbers here or on a separate sheet) Problematic hydrophytic vegetation* (explain) 50%20% 20 0 0 0 0 Sampling Point:SP-4VEGETATION - Use scientific names of plants Morphogical adaptations* (provide supporting data in Remarks or on a separate sheet) 0 Indicator Status Number of Dominant Species that are OBL, FACW, or FAC: Percent of Dominant Species that are OBL, FACW, or FAC: Total Number of Dominant Species Across all Strata: 15 85 101 0 1 0 none 101 0 Woody Vine Stratum Plot Size ( 30' radius )Absolute % Cover Dominant Species Phalaris arundinacea 15 N FACW Persicaria amphibia 5 N OBL 1 N FACUCirsium arvense 0 Herb Stratum Plot Size (5' radius )Absolute % Cover Dominant Species Indicator Status Typha angustifolia 80 Y OBL Dominant Species Indicator Status none 0 0 Sapling/Shrub Stratum Plot Size (15' radius )Absolute % Cover Tree Stratum Plot Size (30' radius none 0 4 0 30 85 )Absolute % Cover Dominant Species Indicator Status 0 Y Hydrophytic vegetation present? *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic Definitions of Vegetation Strata: Tree - Woody plants 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/shrub - Woody plants less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb - All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody vines - All woody vines greater than 3.28 ft in height. 119 1 100.00% 1.18 1 0 51 0 page 62 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Indicators for Problematic Hydric Soils: Histisol (A1)2 cm Muck (A10) (LRR K, L, MLRA 149B Histic Epipedon (A2)Coast Prairie Redox (A16) (LRR K, L, R) Black Histic (A3)5 cm Mucky Peat or Peat (S3) (LRR K, L, R) Hydrogen Sulfide (A4)Dark Surface (S7) (LRR K, L Stratified Layers (A5)Polyvalue Below Surface (S8) (LRR K, L) Depleted Below Dark Suface (A11)Thin Dark Surface (S9) (LRR K, L) Thick Dark Surface (A12)Loamy Gleyed Matrix (F2)Iron-Manganese Masses (F12) (LRR K, L, R) Sandy Mucky Mineral (S1)Depleted Matrix (F3)Piedmont Floodplain Soils (F19) (MLRA 149B) Sandy Gleyed Matrix (S4)X Redox Dark Surface (F6)Mesic Spodic (TA6) (MLRA 144A, 145, 149B) Sandy Redox (S5)Depleted Dark Surface (F7)Red Parent Material (F21) Stripped Matrix (S6)Redox Depressions (F8)Very Shallow Dark Surface (TF12) Other (Explain in Remarks) *Indicators of hydrophytic vegetation and weltand hydrology must be present, unless disturbed or problematic Restrictive Layer (if observed): Remarks: LS20 MC0-18 105YR4/67010YR3/1 Texture SIL Sampling Point:SP-4SOIL *Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains **Location: PL=Pore Lining, M=Matrix Depth (Inches) Matrix %Color (moist)Color (moist)%Loc** 2.5Y5/3 Type* Redox Features Hydric Soil Indicators: noneType: Polyvalue Below Surface (S8) (LRR R, MLRA 149B) Thin Dark Surface (S9) (LRR R, MLRA 149B Loamy Mucky Mineral (F1) (LRR K, L) Dark Surface (S7) (LRR R, MLRA 149B) Depth (inches): YHydric soil present? Remarks mixed page 63 Slope (%): NWI Classification: Are climatic/hydrologic conditions of the site typical for this time of the year? Are vegetation , soil , or hydrology significantly disturbed? Are vegetation , soil , or hydrology naturally problematic? (If needed, explain any answers in remarks) Hydrophytic vegetation present?Is the sampled area within a wetland? Hydric soil present? Indicators of wetland hydrology present?If yes, optional wetland site ID: Remarks: (Explain alternative procedures here or in a separate report.) Primary Indicators (minimum of one is required; check all that apply) X Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Iron Deposits (B5) Marl Deposits (B15) Datum: Sparsely Vegetated Concave Surface (B8) Presence of Reduced Iron (C4) SUMMARY OF FINDINGS N N Y Other (Explain in Remarks) Water Marks (B1) Saturation (A3) High Water Table (A2) Surface Water (A1) Recent Iron Reduction in Tilled Soils (C6) Oxidized Rhizospheres on Living Roots (C3) Hydrogen Sulfide Odor (C1) Thin Muck Surface (C7) Inundation Visible on Aerial Imagery (B7) Saturation Visible on Aerial Imagery (C9) WETLAND DETERMINATION DATA FORM - Northcentral and Northeast Region no to 5 Yes Evaluation of antecedent precipitation from 30-day rolling totals resulted in a multi-month score of 16 (Wet), which means that the prior period has been wetter than normal. N HYDROLOGY No Microtopographic Relief (D4) FAC-Neutral Test (D5) No Indicators of wetland hydrology present?N Secondary Indicators (minimum of two required) Aquatic Fauna (B13) Water-Stained Leaves (B9)Surface Soil Cracks (B6) None No X Moss Trim Lines (B16) (includes capillary fringe) Field Observations: Surface water present? Water table present? Saturation present? Depth (inches):Yes X Depth (inches):no to 5 Shallow Aquitard (D3) Geomorphic Position (D2) Dry-Season Water Table (C2) Crayfish Burrows (C8) Stunted or Stressed Plants (D1) Yes X Depth (inches): Algal Mat or Crust (B4) Drainage Patterns (B10) Drift Deposits (B3) Sediment Deposits (B2) Investigator(s): Project/Site: Applicant/Owner:State: Are "normal circumstances" present?Yes NAD 83 Landform (hillslope, terrace, etc.):Local relief (concave, convex, none): No (If no, explain in remarks) Soil Map Unit Name250-Kennebec silt loam Lat.: Sampling Date:8/5/2015Mendota Heights / Dakota 44.883399 N Long.:-93.120681 W Section, Township, Range:Sec. 25, T28N, R23WN. Zappetillo & M. Billings, SRF Consulting Group Sampling Point:SP-5Dakota County MN TH 110 Crossing City/County: page 64 50/20 Thresholds Tree Stratum 1 Sapling/Shrub Stratum 2 Herb Stratum 3 Woody Vine Stratum 4 5 Dominance Test Worksheet 6 7 8 (A) 9 10 (B) =Total Cover (A/B) 1 Prevalence Index Worksheet 2 Total % Cover of: 3 OBL species x 1 = 4 FACW species x 2 = 5 FAC species x 3 = 6 FACU species x 4 = 7 UPL species x 5 = 8 Column totals (A)(B) 9 Prevalence Index = B/A = 10 =Total Cover Hydrophytic Vegetation Indicators: Rapid test for hydrophytic vegetation X Dominance test is >50% 1 X Prevalence index is ≤3.0* 2 3 4 5 6 7 8 9 10 11 12 13 14 15 =Total Cover 1 2 3 4 5 =Total Cover Remarks: (Include photo numbers here or on a separate sheet) Problematic hydrophytic vegetation* (explain) 50%20% 21 0 1 0 2 Sampling Point:SP-5VEGETATION - Use scientific names of plants Morphogical adaptations* (provide supporting data in Remarks or on a separate sheet) 1 Indicator Status Number of Dominant Species that are OBL, FACW, or FAC: Percent of Dominant Species that are OBL, FACW, or FAC: Total Number of Dominant Species Across all Strata: 75 0 111 10 26 3 Parthenocissus quinquefolia 3 105 FACU Woody Vine Stratum Plot Size ( 30' radius )Absolute % Cover Dominant Species Securigera varia 10 N UPL Cirsium arvense 10 N FACU 10 N FACUSolidago canadensis 0 Herb Stratum Plot Size (5' radius )Absolute % Cover Dominant Species Indicator Status Phalaris arundinacea 75 Y FACW Dominant Species Indicator Status none 0 3 Sapling/Shrub Stratum Plot Size (15' radius )Absolute % Cover Tree Stratum Plot Size (30' radius Acer ginnala 50 104 0 150 0 )Absolute % Cover Dominant Species Indicator Status 3 FACU Y Hydrophytic vegetation present? *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic Definitions of Vegetation Strata: Tree - Woody plants 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/shrub - Woody plants less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb - All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody vines - All woody vines greater than 3.28 ft in height. 304 1 100.00% 2.74 1 0 53 2 page 65 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Indicators for Problematic Hydric Soils: Histisol (A1)2 cm Muck (A10) (LRR K, L, MLRA 149B Histic Epipedon (A2)Coast Prairie Redox (A16) (LRR K, L, R) Black Histic (A3)5 cm Mucky Peat or Peat (S3) (LRR K, L, R) Hydrogen Sulfide (A4)Dark Surface (S7) (LRR K, L Stratified Layers (A5)Polyvalue Below Surface (S8) (LRR K, L) Depleted Below Dark Suface (A11)Thin Dark Surface (S9) (LRR K, L) Thick Dark Surface (A12)Loamy Gleyed Matrix (F2)Iron-Manganese Masses (F12) (LRR K, L, R) Sandy Mucky Mineral (S1)Depleted Matrix (F3)Piedmont Floodplain Soils (F19) (MLRA 149B) Sandy Gleyed Matrix (S4)Redox Dark Surface (F6)Mesic Spodic (TA6) (MLRA 144A, 145, 149B) Sandy Redox (S5)Depleted Dark Surface (F7)Red Parent Material (F21) Stripped Matrix (S6)Redox Depressions (F8)Very Shallow Dark Surface (TF12) Other (Explain in Remarks) *Indicators of hydrophytic vegetation and weltand hydrology must be present, unless disturbed or problematic Restrictive Layer (if observed): Remarks: 0-5 10010YR4/2 Texture LS Sampling Point:SP-5SOIL *Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains **Location: PL=Pore Lining, M=Matrix Depth (Inches) Matrix %Color (moist)Color (moist)%Loc**Type* Redox Features Hydric Soil Indicators: rocksType: Polyvalue Below Surface (S8) (LRR R, MLRA 149B) Thin Dark Surface (S9) (LRR R, MLRA 149B Loamy Mucky Mineral (F1) (LRR K, L) Dark Surface (S7) (LRR R, MLRA 149B) Depth (inches):5 NHydric soil present? Remarks page 66 Slope (%): NWI Classification: Are climatic/hydrologic conditions of the site typical for this time of the year? Are vegetation , soil , or hydrology significantly disturbed? Are vegetation , soil , or hydrology naturally problematic? (If needed, explain any answers in remarks) Hydrophytic vegetation present?Is the sampled area within a wetland? Hydric soil present? Indicators of wetland hydrology present?If yes, optional wetland site ID: Remarks: (Explain alternative procedures here or in a separate report.) Primary Indicators (minimum of one is required; check all that apply) X X X Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Iron Deposits (B5) Marl Deposits (B15) Datum: Sparsely Vegetated Concave Surface (B8) Presence of Reduced Iron (C4) SUMMARY OF FINDINGS Y Y Y Other (Explain in Remarks) Water Marks (B1) Saturation (A3) High Water Table (A2) Surface Water (A1) Recent Iron Reduction in Tilled Soils (C6) Oxidized Rhizospheres on Living Roots (C3) Hydrogen Sulfide Odor (C1) Thin Muck Surface (C7) Inundation Visible on Aerial Imagery (B7) Saturation Visible on Aerial Imagery (C9) WETLAND DETERMINATION DATA FORM - Northcentral and Northeast Region W3 no to 20 Yes X Evaluation of antecedent precipitation from 30-day rolling totals resulted in a multi-month score of 16 (Wet), which means that the prior period has been wetter than normal. Y HYDROLOGY No Microtopographic Relief (D4) FAC-Neutral Test (D5) No Indicators of wetland hydrology present?Y Secondary Indicators (minimum of two required) Aquatic Fauna (B13) Water-Stained Leaves (B9)Surface Soil Cracks (B6) None No Moss Trim Lines (B16) (includes capillary fringe) Field Observations: Surface water present? Water table present? Saturation present? Depth (inches):Yes X Depth (inches):11 Shallow Aquitard (D3) Geomorphic Position (D2) Dry-Season Water Table (C2) Crayfish Burrows (C8) Stunted or Stressed Plants (D1) Yes X Depth (inches): Algal Mat or Crust (B4) Drainage Patterns (B10) Drift Deposits (B3) Sediment Deposits (B2) Investigator(s): Project/Site: Applicant/Owner:State: Are "normal circumstances" present?Yes NAD 83 Landform (hillslope, terrace, etc.):Local relief (concave, convex, none): No (If no, explain in remarks) Soil Map Unit Name250-Kennebec silt loam Lat.: Sampling Date:8/5/2015Mendota Heights / Dakota 44.883448 N Long.:-93.120640 W Section, Township, Range:Sec. 25, T28N, R23WN. Zappetillo & M. Billings, SRF Consulting Group Sampling Point:SP-6Dakota County MN TH 110 Crossing City/County: page 67 50/20 Thresholds Tree Stratum 1 Sapling/Shrub Stratum 2 Herb Stratum 3 Woody Vine Stratum 4 5 Dominance Test Worksheet 6 7 8 (A) 9 10 (B) =Total Cover (A/B) 1 Prevalence Index Worksheet 2 Total % Cover of: 3 OBL species x 1 = 4 FACW species x 2 = 5 FAC species x 3 = 6 FACU species x 4 = 7 UPL species x 5 = 8 Column totals (A)(B) 9 Prevalence Index = B/A = 10 =Total Cover Hydrophytic Vegetation Indicators: Rapid test for hydrophytic vegetation X Dominance test is >50% 1 X Prevalence index is ≤3.0* 2 3 4 5 6 7 8 9 10 11 12 13 14 15 =Total Cover 1 2 3 4 5 =Total Cover Remarks: (Include photo numbers here or on a separate sheet) Problematic hydrophytic vegetation* (explain) 50%20% 21 1 0 3 0 Sampling Point:SP-6VEGETATION - Use scientific names of plants Morphogical adaptations* (provide supporting data in Remarks or on a separate sheet) 0 Indicator Status Number of Dominant Species that are OBL, FACW, or FAC: Percent of Dominant Species that are OBL, FACW, or FAC: Total Number of Dominant Species Across all Strata: 55 50 108 0 0 0 none 103 0 Woody Vine Stratum Plot Size ( 30' radius )Absolute % Cover Dominant Species Phalaris arundinacea 50 Y FACW Urtica dioica 3 N FAC 5 Herb Stratum Plot Size (5' radius )Absolute % Cover Dominant Species Indicator Status Typha angustifolia 50 Y OBL Dominant Species Indicator Status Salix amygdaloides 5 Y FACW 0 Sapling/Shrub Stratum Plot Size (15' radius )Absolute % Cover Tree Stratum Plot Size (30' radius none 0 0 9 110 50 )Absolute % Cover Dominant Species Indicator Status 0 Y Hydrophytic vegetation present? *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic Definitions of Vegetation Strata: Tree - Woody plants 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/shrub - Woody plants less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb - All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody vines - All woody vines greater than 3.28 ft in height. 169 3 100.00% 1.56 3 3 52 0 page 68 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Indicators for Problematic Hydric Soils: Histisol (A1)2 cm Muck (A10) (LRR K, L, MLRA 149B Histic Epipedon (A2)Coast Prairie Redox (A16) (LRR K, L, R) Black Histic (A3)5 cm Mucky Peat or Peat (S3) (LRR K, L, R) Hydrogen Sulfide (A4)Dark Surface (S7) (LRR K, L Stratified Layers (A5)Polyvalue Below Surface (S8) (LRR K, L) X Depleted Below Dark Suface (A11)Thin Dark Surface (S9) (LRR K, L) Thick Dark Surface (A12)Loamy Gleyed Matrix (F2)Iron-Manganese Masses (F12) (LRR K, L, R) Sandy Mucky Mineral (S1)Depleted Matrix (F3)Piedmont Floodplain Soils (F19) (MLRA 149B) Sandy Gleyed Matrix (S4)Redox Dark Surface (F6)Mesic Spodic (TA6) (MLRA 144A, 145, 149B) Sandy Redox (S5)Depleted Dark Surface (F7)Red Parent Material (F21) Stripped Matrix (S6)Redox Depressions (F8)Very Shallow Dark Surface (TF12) Other (Explain in Remarks) *Indicators of hydrophytic vegetation and weltand hydrology must be present, unless disturbed or problematic Restrictive Layer (if observed): Remarks: LS955YR4/6 M 0-11 10010YR3/1 Texture L Sampling Point:SP-6SOIL *Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains **Location: PL=Pore Lining, M=Matrix Depth (Inches) Matrix %Color (moist)Color (moist)%Loc** 11-20 10YR4/1 5 C Type* Redox Features Hydric Soil Indicators: noneType: Polyvalue Below Surface (S8) (LRR R, MLRA 149B) Thin Dark Surface (S9) (LRR R, MLRA 149B Loamy Mucky Mineral (F1) (LRR K, L) Dark Surface (S7) (LRR R, MLRA 149B) Depth (inches): YHydric soil present? Remarks more clay further down page 69 Slope (%): NWI Classification: Are climatic/hydrologic conditions of the site typical for this time of the year? Are vegetation , soil , or hydrology significantly disturbed? Are vegetation , soil , or hydrology naturally problematic? (If needed, explain any answers in remarks) Hydrophytic vegetation present?Is the sampled area within a wetland? Hydric soil present? Indicators of wetland hydrology present?If yes, optional wetland site ID: Remarks: (Explain alternative procedures here or in a separate report.) Primary Indicators (minimum of one is required; check all that apply) X Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Iron Deposits (B5) Marl Deposits (B15) Datum: Sparsely Vegetated Concave Surface (B8) Presence of Reduced Iron (C4) SUMMARY OF FINDINGS N N Y Other (Explain in Remarks) Water Marks (B1) Saturation (A3) High Water Table (A2) Surface Water (A1) Recent Iron Reduction in Tilled Soils (C6) Oxidized Rhizospheres on Living Roots (C3) Hydrogen Sulfide Odor (C1) Thin Muck Surface (C7) Inundation Visible on Aerial Imagery (B7) Saturation Visible on Aerial Imagery (C9) WETLAND DETERMINATION DATA FORM - Northcentral and Northeast Region no to 17 Yes Evaluation of antecedent precipitation from 30-day rolling totals resulted in a multi-month score of 16 (Wet), which means that the prior period has been wetter than normal. N HYDROLOGY No Microtopographic Relief (D4) FAC-Neutral Test (D5) No Indicators of wetland hydrology present?N Secondary Indicators (minimum of two required) Aquatic Fauna (B13) Water-Stained Leaves (B9)Surface Soil Cracks (B6) PEMCd No X Moss Trim Lines (B16) (includes capillary fringe) Field Observations: Surface water present? Water table present? Saturation present? Depth (inches):Yes X Depth (inches):no to 17 Shallow Aquitard (D3) Geomorphic Position (D2) Dry-Season Water Table (C2) Crayfish Burrows (C8) Stunted or Stressed Plants (D1) Yes X Depth (inches): Algal Mat or Crust (B4) Drainage Patterns (B10) Drift Deposits (B3) Sediment Deposits (B2) Investigator(s): Project/Site: Applicant/Owner:State: Are "normal circumstances" present?Yes NAD 83 Landform (hillslope, terrace, etc.):Local relief (concave, convex, none): No (If no, explain in remarks) Soil Map Unit Name539-Klossner muck, 0 to 1 percent slopes Lat.: Sampling Date:8/5/2015Mendota Heights / Dakota 44.880907 N Long.:-93.120886 W Section, Township, Range:Sec. 25, T28N, R23WN. Zappetillo & M. Billings, SRF Consulting Group Sampling Point:SP-7Dakota County MN TH 110 Crossing City/County: page 70 50/20 Thresholds Tree Stratum 1 Sapling/Shrub Stratum 2 Herb Stratum 3 Woody Vine Stratum 4 5 Dominance Test Worksheet 6 7 8 (A) 9 10 (B) =Total Cover (A/B) 1 Prevalence Index Worksheet 2 Total % Cover of: 3 OBL species x 1 = 4 FACW species x 2 = 5 FAC species x 3 = 6 FACU species x 4 = 7 UPL species x 5 = 8 Column totals (A)(B) 9 Prevalence Index = B/A = 10 =Total Cover Hydrophytic Vegetation Indicators: Rapid test for hydrophytic vegetation X Dominance test is >50% 1 X Prevalence index is ≤3.0* 2 3 4 5 6 7 8 9 10 11 12 13 14 15 =Total Cover 1 2 3 4 5 =Total Cover Remarks: (Include photo numbers here or on a separate sheet) Problematic hydrophytic vegetation* (explain) 50%20% 22 3 2 8 5 Sampling Point:SP-7VEGETATION - Use scientific names of plants Morphogical adaptations* (provide supporting data in Remarks or on a separate sheet) 0 Indicator Status Number of Dominant Species that are OBL, FACW, or FAC: Percent of Dominant Species that are OBL, FACW, or FAC: Total Number of Dominant Species Across all Strata: 65 0 135 5 30 0 none 110 0 Woody Vine Stratum Plot Size ( 30' radius )Absolute % Cover Dominant Species Urtica dioica 20 N FAC Solidago canadensis 20 N FACU 10 N FACUArctium minus 15 Herb Stratum Plot Size (5' radius )Absolute % Cover Dominant Species Indicator Status Phalaris arundinacea 60 Y FACW Prunus americana 5 Y UPL Dominant Species Indicator Status Rhamnus cathartica 10 Y FAC 10 Sapling/Shrub Stratum Plot Size (15' radius )Absolute % Cover Tree Stratum Plot Size (30' radius 5 Populus deltoides Fraxinus pennsylvanica 25 120 105 130 0 )Absolute % Cover Dominant Species Indicator Status 5 Y Y FAC FACW Y Hydrophytic vegetation present? *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic Definitions of Vegetation Strata: Tree - Woody plants 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/shrub - Woody plants less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb - All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody vines - All woody vines greater than 3.28 ft in height. 380 4 80.00% 2.81 5 35 55 0 page 71 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Indicators for Problematic Hydric Soils: Histisol (A1)2 cm Muck (A10) (LRR K, L, MLRA 149B Histic Epipedon (A2)Coast Prairie Redox (A16) (LRR K, L, R) Black Histic (A3)5 cm Mucky Peat or Peat (S3) (LRR K, L, R) Hydrogen Sulfide (A4)Dark Surface (S7) (LRR K, L Stratified Layers (A5)Polyvalue Below Surface (S8) (LRR K, L) Depleted Below Dark Suface (A11)Thin Dark Surface (S9) (LRR K, L) Thick Dark Surface (A12)Loamy Gleyed Matrix (F2)Iron-Manganese Masses (F12) (LRR K, L, R) Sandy Mucky Mineral (S1)Depleted Matrix (F3)Piedmont Floodplain Soils (F19) (MLRA 149B) Sandy Gleyed Matrix (S4)Redox Dark Surface (F6)Mesic Spodic (TA6) (MLRA 144A, 145, 149B) Sandy Redox (S5)Depleted Dark Surface (F7)Red Parent Material (F21) Stripped Matrix (S6)Redox Depressions (F8)Very Shallow Dark Surface (TF12) Other (Explain in Remarks) *Indicators of hydrophytic vegetation and weltand hydrology must be present, unless disturbed or problematic Restrictive Layer (if observed): Remarks: 0-17 10010YR3/1 Texture FS Sampling Point:SP-7SOIL *Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains **Location: PL=Pore Lining, M=Matrix Depth (Inches) Matrix %Color (moist)Color (moist)%Loc**Type* Redox Features Hydric Soil Indicators: noneType: Polyvalue Below Surface (S8) (LRR R, MLRA 149B) Thin Dark Surface (S9) (LRR R, MLRA 149B Loamy Mucky Mineral (F1) (LRR K, L) Dark Surface (S7) (LRR R, MLRA 149B) Depth (inches): NHydric soil present? Remarks page 72 Slope (%): NWI Classification: Are climatic/hydrologic conditions of the site typical for this time of the year? Are vegetation , soil , or hydrology significantly disturbed? Are vegetation , soil , or hydrology naturally problematic? (If needed, explain any answers in remarks) Hydrophytic vegetation present?Is the sampled area within a wetland? Hydric soil present? Indicators of wetland hydrology present?If yes, optional wetland site ID: Remarks: (Explain alternative procedures here or in a separate report.) Primary Indicators (minimum of one is required; check all that apply) X X X X Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Sampling Date:8/5/2015Mendota Heights / Dakota 44.880829 N Long.:-93.120898 W Section, Township, Range:Sec. 25, T28N, R23WN. Zappetillo & M. Billings, SRF Consulting Group Sampling Point:SP-8Dakota County MN TH 110 Crossing City/County: Depth (inches): Algal Mat or Crust (B4) Drainage Patterns (B10) Drift Deposits (B3) Sediment Deposits (B2) Investigator(s): Project/Site: Applicant/Owner:State: Are "normal circumstances" present?Yes NAD 83 Landform (hillslope, terrace, etc.):Local relief (concave, convex, none): No (If no, explain in remarks) Soil Map Unit Name539-Klossner muck, 0 to 1 percent slopes Lat.: PEMCd No Moss Trim Lines (B16) (includes capillary fringe) Field Observations: Surface water present? Water table present? Saturation present? Depth (inches):Yes Depth (inches):surface Shallow Aquitard (D3) Geomorphic Position (D2) Dry-Season Water Table (C2) Crayfish Burrows (C8) Stunted or Stressed Plants (D1) Yes Thin Muck Surface (C7) Inundation Visible on Aerial Imagery (B7) Saturation Visible on Aerial Imagery (C9) WETLAND DETERMINATION DATA FORM - Northcentral and Northeast Region W4 6 Yes X Wetland & adjacent drainage into Wetland W5. Evaluation of antecedent precipitation from 30-day rolling totals resulted in a multi- month score of 16 (Wet), which means that the prior period has been wetter than normal. Y X HYDROLOGY No Microtopographic Relief (D4) FAC-Neutral Test (D5) No Indicators of wetland hydrology present?Y Secondary Indicators (minimum of two required) Aquatic Fauna (B13) Water-Stained Leaves (B9)Surface Soil Cracks (B6) Iron Deposits (B5) Marl Deposits (B15) Datum: Sparsely Vegetated Concave Surface (B8) Presence of Reduced Iron (C4) SUMMARY OF FINDINGS Y Y Y Other (Explain in Remarks) Water Marks (B1) Saturation (A3) High Water Table (A2) Surface Water (A1) Recent Iron Reduction in Tilled Soils (C6) Oxidized Rhizospheres on Living Roots (C3) Hydrogen Sulfide Odor (C1) page 73 50/20 Thresholds Tree Stratum 1 Sapling/Shrub Stratum 2 Herb Stratum 3 Woody Vine Stratum 4 5 Dominance Test Worksheet 6 7 8 (A) 9 10 (B) =Total Cover (A/B) 1 Prevalence Index Worksheet 2 Total % Cover of: 3 OBL species x 1 = 4 FACW species x 2 = 5 FAC species x 3 = 6 FACU species x 4 = 7 UPL species x 5 = 8 Column totals (A)(B) 9 Prevalence Index = B/A = 10 =Total Cover Hydrophytic Vegetation Indicators: Rapid test for hydrophytic vegetation X Dominance test is >50% 1 X Prevalence index is ≤3.0* 2 3 4 5 6 7 8 9 10 11 12 13 14 15 =Total Cover 1 2 3 4 5 =Total Cover Remarks: (Include photo numbers here or on a separate sheet) Y Hydrophytic vegetation present? *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic Definitions of Vegetation Strata: Tree - Woody plants 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/shrub - Woody plants less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb - All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody vines - All woody vines greater than 3.28 ft in height. 206 1 100.00% 2.02 1 2 51 0 Tree Stratum Plot Size (30' radius none 0 0 6 200 0 )Absolute % Cover Dominant Species Indicator Status 0 0 0 Sapling/Shrub Stratum Plot Size (15' radius )Absolute % Cover Dominant Species Indicator Status none 0 Herb Stratum Plot Size (5' radius )Absolute % Cover Dominant Species Indicator Status Phalaris arundinacea 100 Y FACW Urtica dioica 2 N FAC Woody Vine Stratum Plot Size ( 30' radius )Absolute % Cover Dominant Species 0 0 none 102 Sampling Point:SP-8VEGETATION - Use scientific names of plants Morphogical adaptations* (provide supporting data in Remarks or on a separate sheet) 0 Indicator Status Number of Dominant Species that are OBL, FACW, or FAC: Percent of Dominant Species that are OBL, FACW, or FAC: Total Number of Dominant Species Across all Strata: 100 0 102 0 0 Problematic hydrophytic vegetation* (explain) 50%20% 20 0 0 0 0 page 74 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Indicators for Problematic Hydric Soils: X Histisol (A1)2 cm Muck (A10) (LRR K, L, MLRA 149B Histic Epipedon (A2)Coast Prairie Redox (A16) (LRR K, L, R) Black Histic (A3)5 cm Mucky Peat or Peat (S3) (LRR K, L, R) Hydrogen Sulfide (A4)Dark Surface (S7) (LRR K, L Stratified Layers (A5)Polyvalue Below Surface (S8) (LRR K, L) Depleted Below Dark Suface (A11)Thin Dark Surface (S9) (LRR K, L) Thick Dark Surface (A12)Loamy Gleyed Matrix (F2)Iron-Manganese Masses (F12) (LRR K, L, R) Sandy Mucky Mineral (S1)Depleted Matrix (F3)Piedmont Floodplain Soils (F19) (MLRA 149B) Sandy Gleyed Matrix (S4)Redox Dark Surface (F6)Mesic Spodic (TA6) (MLRA 144A, 145, 149B) Sandy Redox (S5)Depleted Dark Surface (F7)Red Parent Material (F21) Stripped Matrix (S6)Redox Depressions (F8)Very Shallow Dark Surface (TF12) Other (Explain in Remarks) *Indicators of hydrophytic vegetation and weltand hydrology must be present, unless disturbed or problematic Restrictive Layer (if observed): Remarks: Remarks sapric muck w/loam Polyvalue Below Surface (S8) (LRR R, MLRA 149B) Thin Dark Surface (S9) (LRR R, MLRA 149B Loamy Mucky Mineral (F1) (LRR K, L) Dark Surface (S7) (LRR R, MLRA 149B) Depth (inches): YHydric soil present? Hydric Soil Indicators: noneType: Sampling Point:SP-8SOIL *Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains **Location: PL=Pore Lining, M=Matrix Depth (Inches) Matrix %Color (moist)Color (moist)%Loc**Type* Redox Features 0-27 10010YR2/1 Texture Muck page 75 Slope (%): NWI Classification: Are climatic/hydrologic conditions of the site typical for this time of the year? Are vegetation , soil , or hydrology significantly disturbed? Are vegetation , soil , or hydrology naturally problematic? (If needed, explain any answers in remarks) Hydrophytic vegetation present?Is the sampled area within a wetland? Hydric soil present? Indicators of wetland hydrology present?If yes, optional wetland site ID: Remarks: (Explain alternative procedures here or in a separate report.) Primary Indicators (minimum of one is required; check all that apply) X X Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Sampling Date:8/5/2015Mendota Heights / Dakota 44.880737 N Long.:-93.120965 W Section, Township, Range:Sec. 25, T28N, R23WN. Zappetillo & M. Billings, SRF Consulting Group Sampling Point:SP-9Dakota County MN TH 110 Crossing City/County: Depth (inches): Algal Mat or Crust (B4) Drainage Patterns (B10) Drift Deposits (B3) Sediment Deposits (B2) Investigator(s): Project/Site: Applicant/Owner:State: Are "normal circumstances" present?Yes NAD 83 Landform (hillslope, terrace, etc.):Local relief (concave, convex, none): No (If no, explain in remarks) Soil Map Unit Name539-Klossner muck, 0 to 1 percent slopes Lat.: PEMCd No X Moss Trim Lines (B16) Steep drop to drainages north and west; very gradual or non-existent slope south and east, clay in soil my help slow drainage, allowing wetland conditions to persist. Could flood in spring due to adjacent drainages and large wetland to the east / south. (includes capillary fringe) Field Observations: Surface water present? Water table present? Saturation present? Depth (inches):Yes X Depth (inches):no to 30 Shallow Aquitard (D3) Geomorphic Position (D2) Dry-Season Water Table (C2) Crayfish Burrows (C8) Stunted or Stressed Plants (D1) Yes X Thin Muck Surface (C7) Inundation Visible on Aerial Imagery (B7) Saturation Visible on Aerial Imagery (C9) WETLAND DETERMINATION DATA FORM - Northcentral and Northeast Region W4 no to 30 Yes Evaluation of antecedent precipitation from 30-day rolling totals resulted in a multi-month score of 16 (Wet), which means that the prior period has been wetter than normal. Y HYDROLOGY No Microtopographic Relief (D4) FAC-Neutral Test (D5) No Indicators of wetland hydrology present?Y Secondary Indicators (minimum of two required) Aquatic Fauna (B13) Water-Stained Leaves (B9)Surface Soil Cracks (B6) Iron Deposits (B5) Marl Deposits (B15) Datum: Sparsely Vegetated Concave Surface (B8) Presence of Reduced Iron (C4) SUMMARY OF FINDINGS Y Y Y Other (Explain in Remarks) Water Marks (B1) Saturation (A3) High Water Table (A2) Surface Water (A1) Recent Iron Reduction in Tilled Soils (C6) Oxidized Rhizospheres on Living Roots (C3) Hydrogen Sulfide Odor (C1) page 76 50/20 Thresholds Tree Stratum 1 Sapling/Shrub Stratum 2 Herb Stratum 3 Woody Vine Stratum 4 5 Dominance Test Worksheet 6 7 8 (A) 9 10 (B) =Total Cover (A/B) 1 Prevalence Index Worksheet 2 Total % Cover of: 3 OBL species x 1 = 4 FACW species x 2 = 5 FAC species x 3 = 6 FACU species x 4 = 7 UPL species x 5 = 8 Column totals (A)(B) 9 Prevalence Index = B/A = 10 =Total Cover Hydrophytic Vegetation Indicators: Rapid test for hydrophytic vegetation X Dominance test is >50% 1 X Prevalence index is ≤3.0* 2 3 4 5 6 7 8 9 10 11 12 13 14 15 =Total Cover 1 2 3 4 5 =Total Cover Remarks: (Include photo numbers here or on a separate sheet) Y Hydrophytic vegetation present? *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic Definitions of Vegetation Strata: Tree - Woody plants 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/shrub - Woody plants less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb - All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody vines - All woody vines greater than 3.28 ft in height. 215 1 100.00% 2.05 1 5 53 0 Tree Stratum Plot Size (30' radius none 0 0 15 200 0 )Absolute % Cover Dominant Species Indicator Status 0 0 0 Sapling/Shrub Stratum Plot Size (15' radius )Absolute % Cover Dominant Species Indicator Status none 0 Herb Stratum Plot Size (5' radius )Absolute % Cover Dominant Species Indicator Status Phalaris arundinacea 100 Y FACW Urtica dioica 5 N FAC Woody Vine Stratum Plot Size ( 30' radius )Absolute % Cover Dominant Species 0 0 none 105 Sampling Point:SP-9VEGETATION - Use scientific names of plants Morphogical adaptations* (provide supporting data in Remarks or on a separate sheet) 0 Indicator Status Number of Dominant Species that are OBL, FACW, or FAC: Percent of Dominant Species that are OBL, FACW, or FAC: Total Number of Dominant Species Across all Strata: 100 0 105 0 0 Problematic hydrophytic vegetation* (explain) 50%20% 21 0 0 0 0 page 77 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Indicators for Problematic Hydric Soils: Histisol (A1)2 cm Muck (A10) (LRR K, L, MLRA 149B Histic Epipedon (A2)Coast Prairie Redox (A16) (LRR K, L, R) Black Histic (A3)5 cm Mucky Peat or Peat (S3) (LRR K, L, R) Hydrogen Sulfide (A4)Dark Surface (S7) (LRR K, L Stratified Layers (A5)Polyvalue Below Surface (S8) (LRR K, L) Depleted Below Dark Suface (A11)Thin Dark Surface (S9) (LRR K, L) X Thick Dark Surface (A12)Loamy Gleyed Matrix (F2)Iron-Manganese Masses (F12) (LRR K, L, R) Sandy Mucky Mineral (S1)Depleted Matrix (F3)Piedmont Floodplain Soils (F19) (MLRA 149B) Sandy Gleyed Matrix (S4)Redox Dark Surface (F6)Mesic Spodic (TA6) (MLRA 144A, 145, 149B) Sandy Redox (S5)Depleted Dark Surface (F7)Red Parent Material (F21) Stripped Matrix (S6)Redox Depressions (F8)Very Shallow Dark Surface (TF12) Other (Explain in Remarks) *Indicators of hydrophytic vegetation and weltand hydrology must be present, unless disturbed or problematic Restrictive Layer (if observed): Remarks: Remarks Polyvalue Below Surface (S8) (LRR R, MLRA 149B) Thin Dark Surface (S9) (LRR R, MLRA 149B Loamy Mucky Mineral (F1) (LRR K, L) Dark Surface (S7) (LRR R, MLRA 149B) Depth (inches): YHydric soil present? Hydric Soil Indicators: noneType: Sampling Point:SP-9SOIL *Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains **Location: PL=Pore Lining, M=Matrix 3 C M Depth (Inches) Matrix %Color (moist)Color (moist)%Loc** 27-30 10YR4/1 97 10YR5/8 16-27 10YR2/1 Type* Redox Features 0-16 10010YR2/1 Texture L SICL SICL 100 page 78 Appendix C – Photographs page 79 P-1:Photo facing west of Wetland W-1,a stormwater pond located in the northeast quadrant of the TH 110 /TH 149 intersection.This wetland was not flagged due to the defined upland /wetland boundary. P-2:Photo facing southeast of Wetland W-2,located in the ditch north of TH 110. This wetland was not flagged due to the defined upland /wetland boundary. TH 110 Crossing Delineation Report Photo Log page 80 P-3:Photo facing southwest of Wetland W-3,a Type 3 (shallow marsh)wetland located south of TH 110 . P-4:Photo facing east of Wetland W-4,a Type 2 (fresh wet meadow)wetland located in the southeast portion of the wetland delineation area. page 81 P-5:Photo facing east of Wetland W-5,a Type 3 /Type 4 /Type 6 (shallow marsh / deep marsh /shrub swamp)wetland that extends east and southeast through the wetland delineation area. page 82 Appendix D – Climatology Data page 83 Aerial photograph or site visit date: Tuesday, April 16, 1991 1991 Precipitation Worksheet Using Gridded Database Precipitation data for target wetland location: county: Dakota township number: 28N township name: Mendota range number: 23W nearest community: Mendota Heights section number: 25 Score using 1981-2010 normal period (values are in inches) first prior month: March 1991 second prior month: February 1991 third prior month: January 1991 estimated precipitation total for this location: 2.82 0.86 0.48 there is a 30% chance this location will have less than: * 1.36 0.47 0.59 there is a 30% chance this location will have more than: * 2.29 1.02 1.18 type of month: dry normal wet wet normal dry monthly score 3 * 3 = 9 2 * 2 = 4 1 * 1 = 1 multi-month score: 14 (Normal) 6 to 9 (dry) 10 to 14 (normal) 15 to 18 (wet) page 84 Aerial photograph or site visit date: Friday, July 18, 2003 2003 Precipitation Worksheet Using Gridded Database Precipitation data for target wetland location: county: Dakota township number: 28N township name: Mendota range number: 23W nearest community: Mendota Heights section number: 25 Score using 1981-20130 normal period (values are in inches) first prior month: June 2003 second prior month: May 2003 third prior month: April 2003 estimated precipitation total for this location: 4.76 6.00 2.20 there is a 30% chance this location will have less than: * 2.87 2.69 1.86 there is a 30% chance this location will have more than: * 5.43 4.40 3.45 type of month: dry normal wet normal wet normal monthly score 3 * 2 = 6 2 * 3 = 6 1 * 2 = 2 multi-month score: 14 (Normal) 6 to 9 (dry) 10 to 14 (normal) 15 to 18 (wet) page 85 Aerial photograph or site visit date: Friday, August 20, 2004 2004 Precipitation Worksheet Using Gridded Database Precipitation data for target wetland location: county: Dakota township number: 28N township name: Mendota range number: 23W nearest community: Mendota Heights section number: 25 Score using 1981-2010 normal period (values are in inches) first prior month: July 2004 second prior month: June 2004 third prior month: May 2004 estimated precipitation total for this location: 2.71 4.24 5.46 there is a 30% chance this location will have less than: * 2.65 2.87 2.69 there is a 30% chance this location will have more than: * 5.02 5.43 4.40 type of month: dry normal wet normal normal wet monthly score 3 * 2 = 6 2 * 2 = 4 1 * 3 = 3 multi-month score: 13 (Normal) 6 to 9 (dry) 10 to 14 (normal) 15 to 18 (wet) page 86 Aerial photograph or site visit date: Thursday, June 16, 2005 2005 Precipitation Worksheet Using Gridded Database Precipitation data for target wetland location: county: Dakota township number: 28N township name: Mendota range number: 23W nearest community: Mendota Heights section number: 25 Score using 1981-2010 normal period (values are in inches) first prior month: May 2005 second prior month: April 2005 third prior month: March 2005 estimated precipitation total for this location: 3.17 2.12 1.84 there is a 30% chance this location will have less than: * 2.69 1.86 1.36 there is a 30% chance this location will have more than: * 4.40 3.45 2.29 type of month: dry normal wet normal normal normal monthly score 3 * 2 = 6 2 * 2 = 4 1 * 2 = 2 multi-month score: 12 (Normal) 6 to 9 (dry) 10 to 14 (normal) 15 to 18 (wet) page 87 Aerial photograph or site visit date: Wednesday, May 31, 2006 2006 Precipitation Worksheet Using Gridded Database Precipitation data for target wetland location: county: Dakota township number: 28N township name: Mendota range number: 23W nearest community: Mendota Heights section number: 25 Score using 1981-2010 normal period (values are in inches) first prior month: April 2006 second prior month: March 2006 third prior month: February 2006 estimated precipitation total for this location: 4.60 2.06 0.40 there is a 30% chance this location will have less than: * 1.86 1.36 0.47 there is a 30% chance this location will have more than: * 3.45 2.29 1.02 type of month: dry normal wet wet normal dry monthly score 3 * 3 = 9 2 * 2 = 4 1 * 1 = 1 multi-month score: 14 (Normal) 6 to 9 (dry) 10 to 14 (normal) 15 to 18 (wet) page 88 Aerial photograph or site visit date: Wednesday, May 21, 2008 2008 Precipitation Worksheet Using Gridded Database Precipitation data for target wetland location: county: Dakota township number: 28N township name: Mendota range number: 23W nearest community: Mendota Heights section number: 25 Score using 1981-2010 normal period (values are in inches) first prior month: April 2008 second prior month: March 2008 third prior month: February 2008 estimated precipitation total for this location: 4.38 2.25 0.51 there is a 30% chance this location will have less than: * 1.86 1.36 0.47 there is a 30% chance this location will have more than: * 3.45 2.29 1.02 type of month: dry normal wet wet normal normal monthly score 3 * 3 = 9 2 * 2 = 4 1 * 2 = 2 multi-month score: 15 (Wet) 6 to 9 (dry) 10 to 14 (normal) 15 to 18 (wet) page 89 Aerial photograph or site visit date: Tuesday, June 02, 2009 Precipitation Worksheet Using Gridded Database Precipitation data for target wetland location: county: Dakota township number: 28N township name: Mendota range number: 23W nearest community: Mendota Heights section number: 25 Score using 1981-2010 normal period (values are in inches) first prior month: May 2009 second prior month: April 2009 third prior month: March 2009 estimated precipitation total for this location: 0.68 2.19 1.38 there is a 30% chance this location will have less than: * 2.69 1.86 1.36 there is a 30% chance this location will have more than: * 4.40 3.45 2.29 type of month: dry normal wet dry normal normal monthly score 3 * 1 = 3 2 * 2 = 4 1 * 2 = 2 multi-month score: 9 (Dry) 6 to 9 (dry) 10 to 14 (normal) 15 to 18 (wet) page 90 Aerial photograph or site visit date: Tuesday, May 18, 2010 2010 Precipitation Worksheet Using Gridded Database Precipitation data for target wetland location: county: Dakota township number: 28N township name: Mendota range number: 23W nearest community: Mendota Heights section number: 25 Score using 1981-2010 normal period (values are in inches) first prior month: April 2010 second prior month: March 2010 third prior month: February 2010 estimated precipitation total for this location: 2.47 0.89 1.07 there is a 30% chance this location will have less than: * 1.86 1.36 0.47 there is a 30% chance this location will have more than: * 3.45 2.29 1.02 type of month: dry normal wet normal dry wet monthly score 3 * 2 = 6 2 * 1 = 2 1 * 3 = 3 multi-month score: 11 (Normal) 6 to 9 (dry) 10 to 14 (normal) 15 to 18 (wet) page 91 EVALUATION OF ANTECEDENT PRECIPITATION FROM 30-DAY ROLLING TOTALS Project location: TH110 Pedestrian Crossing - Mendota Heights Date of site visit: 8/5/2015 Site Visit Prior 30- day Block: Dates of Block (30, 60, 90 days prior) Precipitation in inches There is a 30% chance this location will have less than: There is a 30% chance this location will have more than: Recency weighting factor Block ‘normality’ (Write: Above normal, Normal, or Below normal) Precip. level weighting factor (Above: 3 Normal: 2 Below: 1) Rating Value Product of c.3 * c.5 1st 30 days prior 7/6/2015 – 8/4/2015 6.16 2.65 5.02 3 Above Normal 3 3 * 3 = 9 2nd 30 days prior 6/6/2015 - 7/5/2015 4.34 2.87 5.43 2 Normal 2 2 * 2 = 4 3rd 30 days prior 5/7/2015 - 6/5/2015 5.12 2.69 4.40 1 Above Normal 3 1 * 3 = 3 Sum of C. 5 16 If sum of c.5 is 6-9, then prior period has been drier than normal. If sum of c.5 is 10-14, then prior period has been normal. If sum of c.5 is 15-18, then prior period has been wetter than normal. H:\Projects\8796\EP\Reports\Wetlands\Appendices\Appendix D - Climatology Data\8796_Evaluation of Antecedent Precipitation.doc page 92 Request for City Council Action MEETING DATE: March 21, 2017 TO: Mayor and City Council, City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Resolution 2017-27 Amendment to Fee Schedule COMMENT: Background City staff has reviewed the current fee schedule which was last approved on January 3, 2017. Two amendments to the fee schedule are being proposed: ~ Add a fee for a Domestic Chicken Permit - $25 annual fee ~ Add a fee for Canoe Rack Rental at Rogers Lake Park - $50 for summer months Recommendation Staff recommends that the City Council approve Resolution 2017-27 Amend the Fee Schedule. This action requires a majority vote of the city council. page 93 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, INNESOTA RESOLUTION 2017 - 27 REVISING SCHEDULE OF FEES FOR SERVICES TO ADD A FEE FOR A DOMESTIC CHICKEN PERMIT AND ADD A FEE FOR CANOE RACK STORAGE RENTAL WHEREAS, the City of Mendota Heights adopted Resolution 2017-01 “Adopting the Schedule of Fees for Services” on January 3, 2017; and WHEREAS, the City of Mendota Heights has established by City Code that all fee requirements established be brought forth by resolution; and WHEREAS, the cost of services provided escalates and new services require a fee to be set; and WHEREAS, it is appropriate that fees be revised to cover the escalating costs of providing services and to cover new services. NOW THEREFORE BE IT RESOLVED, the fee schedule be amended to add the fee for Domestic Chicken Permits; and also to add a fee for renting of a canoe storage space on the canoe rack at Rogers Lake Park during the summer months, effective upon passage of this resolution. BE IT FURTHER RESOLVED that the attached Exhibit A, which revises the City of Mendota Heights fee schedule, is hereby adopted and approved. Adopted by the Mendota Heights City Council this 21st day of March 2017. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST Lorri Smith, City Clerk page 94 Exhibit A – Resolution 2017-27 2017 Mendota Heights Fee Schedule pg 4 of 12 License and Permit Fees Dog License Not neutered or Not spayed $15 Dog License Neutered or Spayed $10 Domestic Chickens New licensee or renewal $25 2017 Mendota Heights Fee Schedule pg 8 of 12 Parks and Recreation Fees Canoe Rack Rental Canoe Storage at Rogers Lake Park during summer months $50/for the summer page 95 Request for City Council Action MEETING DATE: March 21, 2017 TO: Mayor, City Council, and City Administrator FROM: Terry Blum, Public Works Superintendent SUBJECT: 2017 Street Sweeping COMMENT: Introduction The Council is asked to award a contract for street sweeping for 2017. Background Each spring the City solicits bids to sweep the city’s streets. Requests for bids were sent out to four contractors that have been interested in bidding in the past. We received three bids and they are as follows: Mike McPhillps, Inc. $85.00 an hour Pearson Bros., Inc. $86.00 an hour Reliakor $95.00 an hour Discussion Mike McPhillips, Inc. has swept the city streets in the past and have been good to work with. They would be providing four to six sweepers a day to sweep the streets. In 2016, the total cost for sweeping the streets was $9,676.00, and took 118 hours. Budget Impact There is $32,000 in the 2017 Budget for street sweeping and striping. Recommendation Staff recommends that the Mendota Heights City Council approve the bid from Mike McPhillips, Inc., the lowest bidder, to sweep the streets in 2017. Action Required If Council concurs with the staff recommendation, it should pass a motion awarding the contract to the low bidder, Mike McPhillips, Inc., for their low bid of $85.00 an hour. page 96 DATE: March 21, 2017 TO: Mayor, Council and City Administrator FROM: Kelly McCarthy, Chief of Police / Emergency Manager SUBJECT: Auction of city owned vehicle INTRODUCTION: The Police Department is asking for Council approval to auction a city owned vehicle pursuant to Chapter 9 of the city code. BACKGROUND Former Chief Aschenbrener’s unmarked vehicle, a 2008 Ford Explorer, was purchased by the city. Since that purchase, the police department has moved to a leasing program facilitated by the state of Minnesota and the Explorer is no longer in use. We are asking for Council approval to sell the vehicle at public auction as dictated by Chapter 9, section two, paragraph A of City Code. If council approves the sale of the vehicle, the notice will be published in the legal newspaper. The notice will contain the description of the vehicle, as well as the time and location of the auction. Ten days after the posting, the vehicle will be turned over to Total Auto Solutions in Little Canada. Total Auto Solutions will facilitate the auction of the vehicle to the highest bidder. Total Auto Solutions accepts bids both in person and on-line. The fees for facilitating the auction are dependent on the final sale amount of the vehicle, but will not exceed $500. BUDGET IMPACT Proceeds from the sale of the vehicle will be deposited in the general fund. RECOMMENDATION Council approves the auction of the City owned 2008 Ford Explorer. page 97 DATE: March 21, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Cable Franchise Extension COMMENT: INTRODUCTION The City Council is asked to extend the current franchise agreement with Comcast to December 31, 2017. BACKGROUND At its February meeting, the NDC4 Cable Commission approved a recommended resolution for each of its member cities’ consideration, to extend the Comcast Franchise to the end of this year, December 31, 2017. The most recent 15-year franchise granted to Comcast (and its predecessors) expired on March 31, 2015. Because of a proposed corporate merger in 2014/15, the informal franchise renewal negotiations were delayed, and last year NDC4 recommended that each City Council extend Comcast’s franchise to March 31, 2016. 2015/16 also saw the completion of the granting of competitive cable TV franchises to CenturyLink in all seven NDC4 cities. NDC4 been continuing informal negotiations with Comcast. There are several reasons for the slow progress on the franchise renewal, but probably the most important is the negotiation of the future of the NDC4 member cities’ use of the institutional network, or “NDC4 I-Net,” that has provided critical fiber connections for our cities, schools, county and other sites (currently with more than 41 buildings) since 2001-02. By extending the franchise to December 31, 2017, NDC4 will continue to negotiate informally with Comcast, and at the same time assist I-Net users to gather information on all of the various connectivity options. This includes the Dakota County partnership project that is currently under study, or possibly continuing a mutually agreeable I-Net provision with Comcast; other vendors may also be asked to submit proposals. NDC4’s intent is to have a recommended franchise renewal document ready for the seven member cities’ consideration well in advance of the page 98 December 31st deadline. In the meanwhile, the I-Net users will continue to have access to the currently provided I-Net fiber under the current franchise agreement, and will have the ability to plan a transition if they choose to move to other alternatives for fiber connections. BUDGET IMPACT None RECOMMENDATION I recommend that the Council approve the extension of the current Franchise Agreement with Comcast through the end of this year. ACTION REQUIRED If the Council concurs, it should approve the following Resolution: A RESOLUTION OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA GRANTING COMCAST OF ST. PAUL, INC., A FRANCHISE EXTENSION TO DECEMBER 31, 2017 page 99 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2017- 23 GRANTING COMCAST OF ST. PAUL, INC., A FRANCHISE EXTENSION TO DECEMBER 31, 2017 WHEREAS, on or about April 1, 2000, the City of Mendota Heights, Minnesota (“City”) granted a Cable Television Franchise Ordinance (“Franchise”) which is currently held by Comcast of St. Paul, Inc. (“Comcast”); and WHEREAS, Comcast has requested renewal of the Franchise; and WHEREAS, the initial term of the Franchise was extended by the City on March 3, 2015 when the City adopted Resolution No. 2015-20, which extended the term of the Franchise until March 31, 2016; and WHEREAS, Comcast executed Resolution No. 2015-20 and agreed to continue complying with the Franchise, as amended; and WHEREAS, the Franchise was extended by the City on March 3, 2016 when the City adopted Resolution No. 2016-19, which extended the term of the Franchise until March 31, 2017; and WHEREAS, Comcast executed Resolution No. 2016-19 and agreed to continue complying with the Franchise, as amended; and WHEREAS, both the City and Comcast desire to reserve all of their respective rights under state and federal law regarding the franchise renewal process, specifically all rights provided by 47 U.S.C. § 546. NOW THEREFORE, the City of Mendota Heights, Minnesota hereby resolves as follows: 1. The Franchise is hereby amended by extending the term of the Franchise from April 1, 2017 through and including December 31, 2017. 2. Except as specifically modified hereby, the Franchise shall remain in full force and effect. 3. The City and Comcast hereby agree that neither party waives any rights either may have under the Franchise or applicable law. 4. This Resolution shall become effective upon the occurrence of both of the following conditions: (1) The Resolution being passed and adopted by the City; and (2) Comcast’s acceptance of this Resolution. page 100 Adopted by the City Council of the City of Mendota Heights this 21st day of March, 2017. CITY COUNCIL CITY OF MENDOTA HEIGHTS _____________________________ ATTEST: Neil Garlock, Mayor ______________________________ Lorri Smith, City Clerk page 101 ACCEPTANCE AND AGREEMENT Comcast of St. Paul, Inc. hereby accepts this Resolution No. (“Resolution”) and hereby accepts the terms, provisions and recitals of the Resolution and agrees to be bound by the Franchise. Dated this ____day of _____________, 2017. COMCAST OF ST. PAUL, INC. By: ________________________________ Its: _________________________________ SWORN TO BEFORE ME this ________ day of ___________________ . 2017. _______________________________________ NOTARY PUBLIC page 102 DATE: March 21, 2017 TO: Mayor, Council and City Administrator FROM: Kelly McCarthy, Chief of Police / Emergency Manager SUBJECT: Resolution 2017-24 Approving State of Minnesota Joint Powers Agreements (JPA’s) with the City of Mendota Heights on behalf of its City Attorney and Police Department. INTRODUCTION The Council is asked to approve JPA’s with the State of Minnesota for Police communications. BACKGROUND In order for the Mendota Heights Police Department to access the state criminal justice data communications network, the City must enter into two joint power agreements. One agreement authorizing access for the police department, and the other authorizing access for the law firm of Grannis and Hauge. The joint powers agreements are renewed every five years. BUDGET IMPACT The cost is $1080 per year and is included in the 2017 budget. RECOMMENDATION I recommend approval. ACTION REQUIRED If Council desires to implement the recommendation, pass a motion adopting Resolution No. 2017-24 APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF MENDOTA HEIGHTS ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT page 103 RESOLUTION NO. 2017-24 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF MENDOTA HEIGHTS ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Mendota Heights, on behalf of its Prosecuting Attorney and Police Department, desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Mendota Heights, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Mendota Heights on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. That the Chief of police, Kelly McCarthy, or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 3. That the law firm of Grannis and Hauge, Jeremy P. Knutson, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 4. The Mayor, and the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements on behalf of the City of Mendota Heights, and that the City Administrator is authorized to act as the Authorized Representative’s designee . Passed and Adopted by the Council on this _____ day of ______________. CITY OF MENDOTA HEIGHTS ________________________________ By: Neil Garlock Its Mayor ATTEST:_______________________________ By: Lorri Smith Its City Clerk page 104 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (“BCA”) and the City of Mendota Heights on behalf of its Police Department (“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 110399, of even or prior date, for Agency use of BCA systems and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. page 105 a. “Authorized Court Data Services” means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA. b. “Court Data Services” means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. “Court Records” means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. “Court Case Information” means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. “Court Confidential Case Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. “Court Confidential Security and Activation Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. “Court Confidential Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. “DCA” shall mean the district courts of the state of Minnesota and their respective staff. e. “Policies & Notices” means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber’s use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. page 106 f. “Rules of Public Access” means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. “Court” shall mean the State of Minnesota, State Court Administrator's Office. h. “Subscriber” shall mean the Agency. i. “Subscriber Records” means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties page 107 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber’s access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber’s duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber’s obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. page 108 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks “MNCIS” and “Odyssey.” d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. page 109 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. page 110 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber’s Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber’s bona fide personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the page 111 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber page 112 hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. page 113 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: _______________________________________ (PRINTED) Signed: _______________________________________ Title: ________________________________________ (with delegated authority) Date: ________________________________________ Name: _______________________________________ (PRINTED) Signed: _______________________________________ Title: ________________________________________ (with delegated authority) Date: ________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with delegated authority) Date: _____________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with authorized authority) Date: _____________________________________________ page 114 STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ("BCA") and the City of Mendota Heights on behalf of its Police Department ("Agency"). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency’s equipment to access the BCA’s systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA’s systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-computer system interface occurs when Agency’s computer exchanges data and information with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA’s systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. page 115 2.4 Agency policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency’s employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://app.dps.mn.gov/cjdn. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca- divisions/mnjis/Documents/BCA-Policy-on-Appropriate-Use-of-Systems-and-Data.pdf. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency’s written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s transaction record meets FBI-CJIS requirements. When Agency’s method of access is a computer to computer interface as described in Clause 2.2C, the Agency must page 116 keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA’s request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency’s access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. § 299C.46 as specified in this Agreement. The bills are sent quarterly for the amount of Seven Hundred Twenty Dollars ($720.00) or a total annual cost of Two Thousand Eight Hundred Eighty Dollars ($2,880.00). Agency will identify its contact person for billing purposes, and will provide updated information to BCA’s Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is Chief Kelly McCarthy, 1101 Victoria Curve, Mendota Heights, MN 55118, (651) 452-1366, or his/her successor. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. page 117 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency’s liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency’s books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency’s records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency’s records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, “Individual User” means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber page 118 Amendment. None of these provisions alter the Agency’s internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User’s access to systems or tools than that made by Agency and BCA’s determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA’s satisfaction. If Agency’s failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency’s Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days’ written notice to the other party’s Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party’s authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue. page 119 The parties indicate their agreement and authority to execute this Agreement by signing below. 1. AGENCY Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ page 120 Request for City Council Action MEETING DATE: March 21, 2017 TO: Mayor, City Council, and City Administrator FROM: Scott Goldenstein, Assistant Fire Chief SUBJECT: February 2017 Fire Synopsis COMMENT: Fire Calls The department responded to 20 calls for the month. Of those calls, 16 were located in Mendota Heights, two in Mendota, one in Lilydale and one Mutual Aid call. Eleven of the twenty calls were either good intent or false alarms, five of the twenty calls were EMS in nature, one call was a vehicle roll over with injuries and another call was a utility check. We also responded to a request from Inver Grove Heights for mutual aid assistance. Five of the calls were at commercial occupancies. Monthly Department Training This month’s department drill was set up with three different stations. The first station allows firefighters to practice attack line deployment to structures with normal setbacks as well as structures that have extremely short or long setbacks. The second scenario allowed firefighters to utilize our aerial water way on Ladder 10 to supply attack lines on the second or third floor of large buildings. Finally, the third scenario allowed our firefighters to work on their skills of going extended distances with a hose line before setting up an interior attack line. Monthly Squad Training The monthly squad drill was dedicated to refining firefighter’s skills at fast and efficient hose deployment from our engines. Over the last two years the department has transitioned to new hose loads allowing our personnel to deploy their initial attack hose lines in a manner to minimize hoses kinking and/or becoming tangled when being laid out. page 121 MENDOTA HEIGHTS FIRE DEPARTMENT FEBRUARY 2017 MONTHLY REPORT FIRE CALLS NO. 17023 -17042 NUMBER OF CALLS:20 FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE ACTUAL FIRES Structure - MH Commercial $0 Structure - MH Residential $0 Structure - Contract Areas $0 Vehicle - MH $2,000 Vehicle - Contract Areas $0 Grass/Brush/No Value MH Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES MEDICAL Assist 4 $0 $0 $0 Extrication HAZARDOUS SITUATION FIRE LOSS TOTALS MENDOTA HEIGHTS Spills/Leaks Arcing/Shorting ALL FIRES, ALL AREAS (MONTH)$2,000 Chemical Power Line Down MEND. HTS. ONLY STRUCT/CONTENTS $0 FALSE ALARM Residential Malfunction MEND. HTS. ONLY MISCELLANEOUS $2,000 Commercial Malfunction Unintentional - Commercial 5 MEND. HTS. TOTAL LOSS TO DATE $2,000 Unintentional - Residential 3 Criminal BILLING FOR SERVICES GOOD INTENT Smoke Scare AGENCY THIS MONTH TO DATE Steam Mistaken for Smoke Carbon Monoxide Alarms MN/DOT $0 Other 7 MILW. RR $0 MUTUAL AID 1 CNR RR $0 TOTAL CALLS 20 OTHERS: $0 LOCATION OF FIRE ALARMS:TO DATE LAST YEAR TOTALS:$0 $0 MENDOTA HEIGHTS 16 32 26 MENDOTA 2 2 3 FIRE MARSHAL'S TIME FOR MONTH SUNFISH LAKE 0 3 0 LILYDALE 1 3 3 INSPECTIONS 32 OTHER 1 2 2 0 INVESTIGATIONS TOTAL 20 42 34 RE-INSPECTION WORK PERFORMED HOURS TO DATE LAST YEAR MEETINGS 2 FIRE CALLS 215 525 475 MEETINGS 46 80.5 69 ADMINISTRATION 14 DRILLS 165.5 330.5 330 WEEKLY CLEAN-UP 35 67.5 78.5 SPECIAL PROJECTS 5 SPECIAL ACTIVITY 310 426.5 438 ADMINISTATIVE 0 0 TOTAL 53 FIRE MARSHAL 53 109.5 62.5 TOTALS 824.5 1539.5 1453 REMARKS:SEE OTHER SIDE FOR SYNOPSIS page 122 3/6/2017 Mendota Heights Building Activity Report Mike Andrejka, Building Official February 1, 2017 thru February 28, 2017 January 1, 2017 thru February 28, 2017 January 1, 2016 thru February 29, 2016 January 1, 2015 thru February 28, 2015 Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected SFD 2 505,000.00$ $6,506.78 SFD 2 505,000.00$ $6,506.78 SFD 1 672,850.00$ $7,325.89 SFD 0 -$ -$ APT 0 -$ $0.00 APT 0 -$ $0.00 APT 0 -$ $0.00 APT 0 -$ -$ Townhouse 2 450,000.00$ $4,516.88 Townhouse 2 450,000.00$ $4,516.88 Townhouse 4 1,015,000.00$ $11,653.66 Townhouse 0 -$ -$ Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ -$ Misc 23 367,723.09$ 4,723.87$ Misc 50 611,855.05$ 9,509.53$ Misc 41 985,295.00$ 12,223.01$ Misc 54 1,232,171.31$ 20,147.41$ Commercial 1 19,610.00$ $389.25 Commercial 4 252,895.00$ $3,792.84 Commercial 4 1,025,345.00$ $10,590.39 Commercial 8 843,208.00$ 11,490.71$ Sub Total 28 1,342,333.09$ 16,136.78$ Sub Total 58 1,819,750.05$ 24,326.03$ Sub Total 50 3,698,490.00$ 41,792.95$ Sub Total 62 2,075,379.31$ 31,638.12$ Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Plumbing 12 $1,088.20 Plumbing 16 $1,388.20 Plumbing 32 $3,207.99 Plumbing 35 2,609.21$ Water 0 $0.00 Water 0 $0.00 Water 1 $10.00 Water 0 -$ Sewer 3 $225.00 Sewer 8 $613.00 Sewer 5 $375.00 Sewer 0 -$ Mechanical 18 $1,464.94 Mechanical 59 $6,708.85 Mechanical 66 $5,912.93 Mechanical 55 4,240.55$ Sub Total 33 2,778.14$ Sub Total 83 8,710.05$ Sub Total 104 $9,505.92 Sub Total 90 6,849.76$ License No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Contractor 10 $500.00 Contractor 186 $9,300.00 Contractor 186 $9,300.00 Contractor 176 8,800.00$ Total 71 1,342,333.09$ 19,414.92$ Total 327 1,819,750.05$ 42,336.08$ Total 340 3,698,490.00$ 60,598.87$ Total 328 2,075,379.31$ 47,287.88$ NOTE: All fee amounts exclude SAC, WAC and State Surcharge. Amounts shown will reflect only permit, plan review fee and valuation totals page 123 page 124 page 125 page 126 page 127 page 128 page 129 page 130 page 131 page 132 page 133 page 134 DATE: March 21, 2017 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Public Hearing for Wine and 3.2% Malt Liquor Licenses for King & I Thai Corporation COMMENT: INTRODUCTION The Council is asked to conduct a Public Hearing regarding a transfer of wine and 3.2% Malt Liquor licenses. BACKGROUND A public hearing has been scheduled for this evening to receive public comment regarding the transfer of the Wine and On Sale 3.2% Malt Liquor licenses at King & I Thai. The City has received an application from Cha Thao and Zeng Yang, owners of King & I Thai Corporation. This is a request to transfer the Wine and 3.2 Malt Liquor licenses issued to King and I Thai LLC, locating at 760 Highway 110, in Mendota Plaza. DISCUSSION The applicant has submitted a license application packet and paid the required license and investigation fees. The Mendota Heights Police Department has completed a thorough investigation of the applicants and has found no issues or concerns. The applicant will be providing a Certificate of Liquor Liability Insurance and the liquor bond required by the City Code. Per City Code, all new liquor license applications shall not be approved before the next regular City Council meeting following the public hearing. If approved at the April 4th Council meeting, the 3.2% Malt Liquor license would be effective immediately and would be good through June 30, 2017. The Wine License would be forwarded to the State of MN Liquor Control for their final approval. RECOMMENDATION Staff recommends the City Council hold the public hearing, consider comments from the public, and close the public hearing. ACTION REQUIRED The Council should hold, and then close the Public Hearing. Official action on the license would then take place at the next City Council meeting scheduled for Tuesday, April 4, 2017. page 135 Request for City Council Action MEETING DATE: March 21, 2017 TO: Mayor and City Council, City Administrator FROM: Tim Benetti, Community Development Director SUBJECT: Resolution Approving a Lot Split (Minor Subdivision) at 697 Wesley Lane Planning Case 2017-02 (Mark Gergen, Applicant) COMMENT: Introduction The application is for a lot split (subdivision). Background There is an existing single family home on the lot which would be removed to create two new single family lots. Discussion The City is using its quasi-judicial authority when considering action on subdivision and zoning requests and has limited discretion; a determination regarding whether or not the request meets the applicable code standards is required. The Planning commission held a public hearing on the matter on January 24, 2017. There were a number of comments from nearby neighbors expressing concerns about the character of the neighborhood, setbacks and drainage. Staff has discussed the drainage situation with neighbors and the applicant, and we have modified the conditions of approval to reflect the added analysis needed and conditions of approval needed in the building permit process. This item was originally scheduled to be presented before the City Council at the February 21, 2017 meeting. Mr. Gergen however, requested prior to the meeting to delay the application in order to give more time to his engineer in addressing on-site pond issues, and also indicated he was out of town at the time. Mr. Gergen has agreed to have the city extend the 60-day statutory review period to May 3, 2017. Recommendation The Planning Commission recommended approval of the request, with some additions to the conditions in the staff report. If the City Council wishes to implement this recommendation, pass a motion adopting RESOLUTION 2017-17 APPROVING A LOT SPLIT AT 697 WESLEY LANE. Action Required This matter requires a simple majority vote. page 136 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2017-17 RESOLUTION APPROVING A LOT SPLIT AT 697 WESLEY LANE AND PID# 27-64750-01-010 WHEREAS, Mark Gergen has applied for a Lot Split as proposed in Planning Case 2017-02 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on January 24, 2017. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the request as proposed in Planning Case 2017-02 is hereby approved with the following findings of fact: 1. No change to the Comprehensive Plan or zoning designation and no variance is requested. 2. The two lots resulting from the lot split meet City code minimum standards and are comparable in size and frontage to other lots on Wesley Lane. 3. The specific plans proposed have placed the proposed future homes and driveways such that there is minimal removal of existing trees, thus preserving as much as practical the existing character of the neighborhood. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Lot Split as proposed in Planning Case 2017-02 is hereby approved with the following conditions: 1. The applicant shall submit grading and utility plans and dimensioned site plans with associated easements, subject to review and approval of the Engineering Department as part of any building permit application. 2. The applicant shall provide a drainage analysis of the property prepared by a qualified professional to quantify the runoff, show additional drainage and utility easements if needed, and prepare grading plans that will demonstrate that no additional stormwater beyond the existing condition drains to neighboring properties. 3. Such grading plans and building plans will allow for the preservation of the trees on both Parcel A and Parcel B as shown on the survey drawing date 1-13-2017 from Bohlen Surveying and will not increase drainage onto neighboring properties. Any other land disturbance must comply with the City’s Land Disturbance Guidance document. 4. Front setbacks to Wesley Lane for future structures on both Parcel A and Parcel B shall be 40 feet and 45 feet, respectively, more or less as shown on the Bohlen survey drawing, in order to preserve the existing trees indicated. 5. The applicant shall submit landscape plans, subject to review and approval by the Planning Department, as part of any building permit application. page 137 6. The applicant shall dedicate drainage and utility easements on both parcels to be denoted on the Certificate of Survey submitted to Dakota County: 10 feet wide along the front property lines and 5 feet wide along the side and rear property lines, and such additional easements that may be deemed necessary by the City Engineer as a result of the requested drainage analysis. 7. On Parcel A, the rear portion of the existing driveway will be removed, and graded so as not to aggravate drainage problems, and the ground restored with suitable ground cover, as approved by the City Engineer before a certificate of occupancy is issued. 8. Park dedication fees in lieu of land per current City policy will be paid before the subdivision is recorded with Dakota County. 9. The existing home is to be demolished before the subdivision is recorded with Dakota County. 10. Connection charges for sanitary sewer and water main shall be paid prior to issuance of a building permit. 11. On Parcel A, when the building permit is applied for it will adhere to setback requirements for the placement of the driveway. Adopted by the City Council of the City of Mendota Heights this 21st day of March, 2017. CITY COUNCIL CITY OF MENDOTA HEIGHTS _____________________________ ATTEST: Neil Garlock, Mayor ______________________________ Lorri Smith, City Clerk page 138 EXHIBIT A Legal Description PID# 27-64750-01-010 Lot 1 Block 1, Rolling Woods Addition page 139 Item No. 2017-02 MEMORANDUM Date: January 24, 2017 To: Mendota Heights Planning Commission From: Phil Carlson, AICP, Consulting Planner RE: Planning Case 2017-02: Request for a Lot Split in Rolling Woods Addition Applicant: Mark Gergen Property Address: 697 Wesley Lane Action: Lot Split, Approval of Subdivision Request Deadline: March 4, 2017 (60 days from complete application submittal) REQUEST Request to subdivide in an R-1 zoning district to replace one single-family lot (existing home) with two conforming single-family lots SITE CONTEXT Existing Zoning R-1 One-Family Residential Existing Lot Existing Lot Area Lot 1, Block 1, Rolling Woods Addition 35,451 square feet (.81 acres) Designated Future Land Use Low Density Residential Site Description and Present Use The subject site contains an existing single family home. The site is bordered to the north and west by existing single family homes, to the east by Wesley Court and to the south by Wesley Lane. Existing access to the property is from Wesley Lane through a driveway along the property’s western edge. The existing home sits in the middle of the property and the existing lot is bordered by mature trees on both Wesley Lane and Wesley Court. Surrounding Properties and Neighborhood All properties adjacent to the site and most properties in its immediate vicinity are single family homes. The exception is the church which is located at 700 Wesley Lane south of the subject site. The property is a corner lot that directly abuts two other properties. To the west is a single family page 140 home fronting Wesley Lane. To the northeast is a single family home fronting Wesley Court and to the northwest is a single-family home fronting Mager Court. Project Description The applicant proposes to remove the existing single family home and subdivide the lot into two single-family lots, as illustrated on the survey drawing dated 1-13-2017 from Bohlen Surveying and Associates:  Parcel A, on the west side of the existing lot would be about 101’ x 175’, and would include 17,762 square feet, with access from Wesley Lane via the existing curb cut and driveway. The existing driveway is on the west lot line, closer to the lot line than the 5-foot setback required by code.  Parcel B, on the east side of the existing lot would be about 102’ x 175’, and include 17,688 square feet, with access from Wesley Court via a new curb cut and driveway.  Some trees are proposed to be removed to allow the lot split and build two new homes: o On Parcel A, keeping the existing curb cut and driveway in its current location allows most of the trees on the front of the lot to remain. Four trees in the interior of the lot would be removed for the new driveway and house. The new layout on Parcel A would remove most of the rear section of the existing driveway, eliminating activity and snow plowing there, a significant benefit for the neighbor to the west, but care must be taken not to aggravate drainage problems. page 141 o On Parcel B, four trees on the Wesley Court frontage would be removed to make room for the new driveway and three internal trees would be removed for the new house. Above: View NE from Wesley Lane, Below: View SW from Wesley Court ANALYSIS 1) This application would result in two one-family lots. Both lots exceed the minimum lot area (15,000 square feet) and lot width (100 feet) of the R-1 District. 2) The proposed lot sizes for both lots exceed the lot size and frontages of nearby lots on Wesley Lane and the proposed frontages are comparable. 3) Front setbacks required on Wesley Lane would be slightly more than 30 feet, per the “average setback rule” in Section 12-1D-4D, but the proposed plan shows more than this. page 142 4) Preserving as many of the mature trees as possible on the Wesley Lane and Wesley Court frontages is desirable to impose the least disruption possible to the neighborhood character. 5) Park dedication fees are required for the new lot created as a result of the lot split. RECOMMENDATION The Planning Commission is asked to determine the effect of the proposed lot split on the character and development of the neighborhood in forming its recommendation to the City Council. We recommend that the Planning Commission recommend to the City Council approval of the lot split as submitted, with the following conditions: 1) The applicant shall submit grading and utility plans and dimensioned site plans with associated easements, subject to review and approval of the Engineering Department as part of any building permit application. 2) Such grading plans and building plans that will allow for the preservation of the trees on both Parcel A and Parcel B as shown on the survey drawing date 1-13-2017 from Bohlen Surveying and which will serve to alleviate any drainage problems onto neighboring properties. Any other land disturbance must comply with the City’s Land Disturbance Guidance document. 3) Front setbacks to Wesley Lane for future structures on both Parcel A and Parcel B shall be 40 feet and 45 feet, respectively, more or less as shown on the Bohlen survey drawing, in order to preserve the existing trees indicated. 4) The applicant shall submit landscape plans, subject to review and approval by the Planning Department, as part of any building permit application. 5) The applicant shall dedicate drainage and utility easements on both parcels to be denoted on the Certificate of Survey submitted to Dakota County: 10 feet wide along the front property lines and 5 feet wide along the side and rear property lines. 6) On Parcel A, the rear portion of the existing driveway will be removed, and graded so as not to aggravate drainage problems, and the ground restored with suitable ground cover, as approved by the City Engineer before a certificate of occupancy is issued. 7) Park dedication fees in lieu of land per current City policy will be paid before the subdivision is recorded with Dakota County. 8) The existing home is to be demolished before the subdivision is recorded with Dakota County. 9) Connection charges for sanitary sewer and water main shall be paid prior to issuance of a building permit. page 143 REQUESTED ACTION Following the public hearing and discussion, the Planning Commission may consider the following actions: 1. Recommend approval of the lot split based on the attached findings of fact. OR 2. Recommend denial of the lot split based on findings of fact. OR 3. Table the request, pending additional information from staff or others. page 144 FINDINGS OF FACT FOR APPROVAL Lot split for 697 Wesley Lane 1. No change to the Comprehensive Plan or zoning designation and no variance is requested. 2. The two lots resulting from the lot split meet City code minimum standards and are comparable in size and frontage to other lots on Wesley Lane. 3. The specific plans proposed have placed the proposed future homes and driveways such that there is minimal removal of existing trees, thus preserving as much as practical the existing character of the neighborhood. page 145 203170 132113 101 6860189 1 7 8 100 2232 68 697 706 695 703 687 WESLEY LN WESLEY CTScale Site Plan697 Wesley Lane Date: 1/18/2017 City ofMendotaHeights040 SCALE IN FEET GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entityfrom which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. page 146 page 147 Vicinity of 697 Wesley Lane –Existing Topography & Drainage page 148 Vicinity of 697 Wesley Lane –Proposed Drainage page 149 page 150 page 151 page 152 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING A PUBLIC HEARING ON A LOT SPLIT AT 697 WESLEY LANE TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 P.M., or as soon as possible thereafter, on Tuesday, January 24, 2017 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider a Lot Split at 697 Wesley Lane. This request has been assigned Planning Case number 2017-02. This notice is pursuant to Title 12 (Zoning) of the Mendota Heights City Code. Such persons as desire to be heard with reference to this request will be heard at this meeting. Lorri Smith City Clerk page 153 Hearings A) PLANNING CASE #2017-02 MARK GERENT, 697 WESLEY LANE LOT SPLIT Planner Carlson explained that this application was for a subdivision of an existing single-family lot located on the corner of Wesley Lane and Wesley Court, 697 Wesley Lane. The proposal is to split the lot into two new single-family lots, each of which would meet the minimum requirements set in the City Code. There is an existing home in the middle of the lot with a driveway coming up the west end of the lot into the rear. Sharing an image of the proposed survey, Planner Carlson stated that the intention is to remove the existing single family home. The narrow end of the lots would face on Wesley Lane with one using the existing driveway to access a new garage and home, the other accessing Wesley Court coming off the east side of the lot. The proposed location of the homes and driveways are preliminary and for discussion only. The application is for the subdivision of the two lots and not for the actual specific location of the homes and driveways. A key feature of this lot is that it is heavily wooded on the south side, facing Wesley Lane, bermed and rises creating a hidden lot. Staff worked with the applicant to ensure that the rise and berm and most of the existing trees would be preserved along the perimeter of the lot. Staff recommended approval of the application with conditions. Referencing Condition No. 6, Commissioner Hennes asked if drainage problems existed on the site. Planner Carlson replied that anecdotally he had heard that there were. The owner of the property to the west had called and stated, due to the driveway being right on the western property line, that when snow is plowed and when it rains in the summer that the lay of the land is such that there is drainage that would go into the rear yard of the adjacent property to the west. When the new lot is built upon it would be good so as to not aggravate those kinds of problems. Taking out that driveway would be one step, at least in the winter. The plan is for that driveway to come up short and stay in the front of the lot and not create a plowing problem with pushed snow right next to the lot line. This is a detail that would come in at the building permit stage and not at this point. Commissioner Magnuson, indicating that this question was not specific to this application but to a broader audience, noted that there is another lot split request this evening and that it appears to be a lot of this type of requests lately, wondered if the City Council has had any conversations or developed any guidance in terms of how they want the community to look going forward. The City seems to be going from a community that enjoys some pretty large lot sizes to one that seems to be subdividing up into smaller parcels. Planner Carlson answered that he is unaware of any specific conversations taking place. City Administrator Mark McNeill replied that this new City Council that took office on January 1, 2017 has not had that discussion. page 154 Commissioner Noonan stated that it is the large lots that can be subdivided because they are in accordance with the R-1 standards; so they can be subdivided as of right. Administrator McNeill noted that this is a valid and appropriate question to ask the City Council in light of the upcoming update to the Comprehensive Plan. Chair Field opened the public hearing. Mr. Mark Gergen, 1900 Oak Street, came forward to address the Council and to answer questions. To address the issue of smaller lot splits, Mr. Gergen stated that he is affiliated with building homes all over the Twin Cities area and one of the attractions to Mendota Heights are the lot sizes. A lot 100-feet by 150-feet, in the metropolitan area, is a very generous lot. Mr. Kenneth Larson, 703 Wesley Lane, is the owner of the property directly to the west of the applicant’s property. He explained that he is very upset about this application. The property line is within inches to one foot of his driveway. He continued by trying to explain the threats to his life and other incidents of retaliation. This supposedly started when the real estate agent told the previous property owners that there would not be anything built on the lot he purchased. After making additional claims, he stated that he is against that property line being abutted within less than five feet from his driveway. He claimed that the moving of the driveway to the front would only make the snowplowing and drainage problems worse. He has already had to replace his sprinklers heads many times. When he got off the phone with Mr. Carlson his daughter, who had been shoveling snow, she pointed out to him intentional grooves that had come into their yard from the neighbors driveway, peeling the sod off. After 25 years he no longer has any patience for these types of shenanigans. Chair Field requested that Mr. Larson keep to the topic at hand, that being the application for the lot split. Mr. Larson stated that he is against this application and that he believes greed has a lot to do with it. He also mentioned that approximately 50% of the trees on the south side of the lot are buckthorn and are a mess. Mr. Patrick Smith, 695 Wesley Court, stated that he is not in favor of the lot split. One of the reasons he purchased his home two or three years ago was because they could not see a home right next to them. Now one of the newly proposed homes will be right in view. The second thing is that there is a drainage issue. The lot where the house sits, the house sits on the top of the berm. The home that would be built towards Wesley Court is actually going to sit in a trough, a low point between the road and the top of the berm. There is already standing water that flows downward toward his fence area. His landscape people have told him that there is nothing that can be done about it. The water is supposed to shed over towards Mager Court, which it does not do. His fear is that if this home is sitting in that cross area, that any type of build up to alleviate that is going to push more water towards his property. His third concern, according to scuttlebutt in the community, is that the lot lines are not accurate. He requested that there be a review done to make sure that whatever the original plot was that the lot lines are accurate. page 155 He also noted that it appears that there will only be 24 feet in between the proposed houses. He asked if that is really what anyone wants in the community. There are also approximately 13 trees that sit in the yard and half of those have been deemed to come down; that does not include the row that is on Wesley Lane. It includes the trees that are actually in the yard. Those trees are the ones that he sees out of his window and enjoys. When he purchased his home there was an architectural committee that was part of the covenants of the area. He asked how that is being addressed. Chair Field reiterated that the Commission is only dealing with the lot split and not with any issues that anyone has with the association. Mr. Dave Dresbach, who lies in Block 1, Lot 8 of Rolling Woods Addition at 710 Mager Court, came forward stated that he has lived at his property since 1989. He purchased his property, as have other since, when there was an association governing homes in the subdivision. Such things as home size, fences, and specific uses were subject to approval by association members. This association was abandoned after the last lot was built upon. Many have expected, and have seen, a general adherence to the association expectations. One of the items in the covenant was that no lot would have more than one single-family dwelling. This application seems to violate the spirit of that. At this point, Chair Field stopped Mr. Dresbach and stated that the Commission is only dealing with a lot split, not with issues that were in any covenants and the frustrations arising out of those covenants not being followed today. Mr. Dresbach, referencing the driveway issues raised by Mr. Larson, stated that the variance that was issued to allow the installation of the driveway within a few inches of his property line should be brought back into code. He also recommended the removal of the buckthorn on the property. Ms. Mary Dresbach, the wife of the previous speaker, stated that the lot split is a decision that can be made because there are not more covenants affective in the neighborhood. This is a matter of what the neighborhood should look like. Developers do not care as they are looking to split a lot to build two homes; the neighbors who have been there for a long time are going to deal with the consequences. She understands that legally all kinds of things can be done. She urged the Commission to take into consideration the people that live in the area. Mr. Steve Santos, 673 Wesley Lane, stated that he firmly agrees that the lot split can be a very negative impact on the neighborhood and property values. He comes from the investment community and sees many characteristics of the last real estate bubble seen. If homes start being stuffed into what appears to be undersized lots, it can jeopardize the overall value of all of the properties throughout the City, including his own. He voiced his objection to this lot split request. He echoed the concerns made by Mr. Larson and the issues with his driveway. The page 156 proposed split of the lot and the proposed positioning of the homes do not compliment this neighborhood. Mr. Mark Gergen, 1900 Oak Street, returned to respond on the comments made. To address the driveway issue, he noted that he would prefer to move it over. In most cities there is a three-foot minimum allowed between a driveway and the lot line. The challenge here is that the driveway was there before the neighbor’s home was built; in redoing this he would adhere to a five-foot minimum and possibly a little additional. However, the further away from the lot line it is moved the more they would be cutting into the berm and the more trees would need to be removed. To deal with most of the other issues that were brought up, he stated that he would be happy to have a neighborhood meeting and talk about them. He suggested that the neighbors look at what he built at 1900 Oak Street and 1930 Oak Street [a previous lot split] to be assured that this is not something that would be detrimental to the values of the properties. As far as architectural review and those kinds of things, he believes their standards are above what would have been seen in the covenant or restrictions. Commissioner Hennes asked for clarification on where the existing driveway is and where the proposed new driveway would be located. Mr. Gergen pointed out the locations on the survey but reiterated that he would be willing to move the new driveway and have a five-foot buffer between the driveway and the lot line. Based on a question asked by Commissioner Magnuson on whether or not the applicant would be required to adhere to the city code regarding the setback requirements for the driveway, Planner Carlson stated that his interpretation of this is that there is an existing condition and there is a driveway in place as a legal non-conforming situation. However, he believes it would be reasonable to assume they could keep the portion that is there, remove what is not needed, and it would be considered acceptable as a grandfathered in existing condition. Moving it would certainly clean up this situation, provide the required setback, give the relief to the neighboring property owner, but it would require pushing into the berm and removal of the tree. The Planning Commission would be well within their rights to a judgment call on that. Commissioner Roston commented that the Commission is only dealing with a lot split right now; the driveway and everything else will be addressed in the site plan, construction plans, and staff would deal with that later. He then asked if the driveway decision needs to be made right now. Planner Carlson replied that as part of the subdivision process some of these site alteration features could be addressed within the conditions. Commissioner Roston noted that, as he looks at the survey, these are two conforming lots. No lot size variances are being requested by anyone. Commissioner Noonan asked for confirmation on the setback requirement for the driveway if the existing non-conforming condition was not in existence. Planner Carlson replied that it would be five feet. page 157 Commissioner Magnus asked if Condition No. 6 could be changed. Instead of reading ‘not to aggravate’, could it be changed to reduce, mitigate, or alleviate. This would be the perfect opportunity to solve any existing drainage problems. Mr. Gergen replied that he would be happy to address this at the neighborhood meeting and to listen to their concerns, and bring it back at that time. Planner Carlson stated that it would be appropriate to try to make sure that the Commission is not making the problem worse with this lot split and whatever happens on the new lots. However, he would not wish for this applicant, the Planning Commission, or staff to promise the neighbors that they would be solving any drainage problems within this application, which is why he worded Condition No. 6 the way he did. Chair Field asked for a motion to close the public hearing. COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER COSTELLO, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER ROSTON, TO RECOMMEND APPROVAL OF PLANNING CASE 2017-02, LOT SPLIT, BASED ON THE FOLLOWING FINDINGS OF FACT: 1. No change to the Comprehensive Plan or zoning designation and no variance is requested. 2. The two lots resulting from the lot split meet City code minimum standards and are comparable in size and frontage to other lots on Wesley Lane. 3. The specific plans proposed have placed the proposed future homes and driveways such that there is minimal removal of existing trees, thus preserving as much as practical the existing character of the neighborhood. AND WITH THE FOLLOWING CONDITIONS: 1. The applicant shall submit grading and utility plans and dimensioned site plans with associated easements, subject to review and approval of the Engineering Department as part of any building permit application. 2. Such grading plans and building plans that will allow for the preservation of the trees on both Parcel A and Parcel B as shown on the survey drawing date 1-13-2017 from Bohlen Surveying and which will serve to alleviate any drainage problems onto neighboring properties. Any other land disturbance must comply with the City’s Land Disturbance Guidance document. 3. Front setbacks to Wesley Lane for future structures on both Parcel A and Parcel B shall be 40 feet and 45 feet, respectively, more or less as shown on the Bohlen survey drawing, in order to preserve the existing trees indicated. 4. The applicant shall submit landscape plans, subject to review and approval by the Planning Department, as part of any building permit application. page 158 5. The applicant shall dedicate drainage and utility easements on both parcels to be denoted on the Certificate of Survey submitted to Dakota County: 10 feet wide along the front property lines and 5 feet wide along the side and rear property lines. 6. On Parcel A, the rear portion of the existing driveway will be removed, and graded so as not to aggravate drainage problems, and the ground restored with suitable ground cover, as approved by the City Engineer before a certificate of occupancy is issued. 7. Park dedication fees in lieu of land per current City policy will be paid before the subdivision is recorded with Dakota County. 8. The existing home is to be demolished before the subdivision is recorded with Dakota County. 9. Connection charges for sanitary sewer and water main shall be paid prior to issuance of a building permit. AND WITH THE ADDITION THE FOLLOWING CONDITION: 10. On Parcel A, when the building permit is applied for it will adhere to the setback requirements for the placement of the driveway Commissioner Magnuson, for the record, commented that she would vote in favor of this because this lot split meets the requirements as they exist in the code and there is no reason not to vote for it under those circumstances. She was glad to hear that the whole issue of this subdivision process may be something that can be studied more in depth as the Comprehensive Plan is looked up and updated going forward. Chair Field stated that he understands where Commissioner Magnuson is coming from; however, he was unsure if in the Comprehensive Plan Amendments there would be any changes to the subdivision process. The only thing that can be changed is the land use. AYES: 7 NAYS: 0 Chair Field advised the City Council would consider this application at its February 7, 2017 meeting. B) PLANNING CASE #2017-01 DBG, LLC, 1919 HUNTER LANE LOT SPLIT & CRITICAL AREA PERMIT Planner Carlson explained that this application was for a lot split and critical area permit on a property located on Hunter Lane and Culligan Lane. There is an existing home in the middle of the lot and the lot is large enough to accommodate a lot split. This split would create two lots both of which would face Hunter Lane. The lots each would meet the minimum size required by City Code. The additional issue with this application is that it is within the critical area and so some increased scrutiny is required. The critical area is a unique feature, a unique natural resource, and any development in or near it should be considered carefully. Planner Carlson shared an aerial view of the property in relation to the Mississippi River and the critical area bluff. The corner of page 159 DATE: March 21, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Letter of Intent—Village at Mendota Heights Parcels COMMENT: INTRODUCTION The Council is asked to approve a Letter of Intent with Trammell Crow for the proposed development of three parcels and an outlot in the Village at Mendota Heights development. BACKGROUND Trammell Crow has approached the City about the development of an “active adult” apartment building. This project would be located on land owned by the City, adjacent to Dodd Road in the Village development. It would be part of a new concept for the Twin Cities, whose target market is for younger seniors who desire independent living, but will also want to be able to choose from an “ala carte” menu of services. Trammell Crow indicates that this market is currently underserved, but is anticipated to be in high demand as the Baby Boom generation ages. They note that it would allow area residents to sell their current homes, yet remain in the community. Trammell Crow is a national company, with presence in more than 30 states. It has several market-rate multiple unit residential developments in the Twin Cities. This Mendota Heights development is proposed to be located on three parcels totaling 1.72 acres of land, and Outlot D, which is a parcel containing a blanket utility and drainage easement. Maple Street between Dodd Road and Linden Street would be vacated, and become part of the development. The development would consist of between 150 and 164 units of apartments, in a structure which would be five stories in height. The project density without Outlot D factored in would be 57 units per acre, which is comparable to the 63 units per acre at the Reserve at Mendota Heights development at the Mendota Plaza location, across TH 1010. page 160 All but 4 of the proposed parking spaces for the building would be underground. There would be a small pocket park at the southerly end of the site. Trammell Crow has proposed to buy the site directly from the City, with a price to be determined by a mutually-agreed upon appraiser. Trammell Crow has proposed a timeframe which will need to have preliminary work to commence immediately, so as to meet their desired closing on the land by the end of this year. This project location is part of a PUD; the property had been anticipated as 19 townhouses (similar to those on Linden and Oak Streets in the Village development). For that reason, in order for this is to proceed, the PUD will need to be amended. So as to meet the May Planning Commission deadline, an appraisal and traffic study will need to be commenced very soon. In order to get those activities can get underway, a Letter of Intent (LOI) has been drafted by Trammell Crow, which is being reviewed by City staff. This LOI will be presented to Council for its consideration at the March 21st meeting The Letter of Intent is not a contractual obligation, but does allow the developer assurance that the City will support the further exploration of this concept through the Planning Commission consideration. Trammell Crow is open to holding a neighborhood meeting in advance of the formal consideration by the Planning Commission to answer questions which may arise from the surrounding property owners and residents. BUDGET IMPACT The LOI provides that Trammell Crow will deposit $30,000 in earnest money. The company will also fund the appraisal and traffic study. Development fees would be determined, should the project move forward. RECOMMENDATION If the Council desires to investigate this development further, it should authorize execution of the LOI. ACTION REQUIRED If the Council concurs, it should, by motion, authorize the execution of the Letter of Intent with Trammell Crow for the Mendota Heights Active Adult Apartments concept. page 161 March 17, 2017 Mark McNeill City Administrator 1101 Victoria Curve Mendota Heights, MN 55118 RE: Letter of Intent for Proposed Purchase and Development of Mendota Heights Site (“Property”), consisting of Parcel Identification Nos.: 274833503020, 274833503010, and 27483350210 Dear Mr. McNeill: This letter constitutes a summary of the agreements from the discussions between Trammell Crow Chicago Development, Inc. (“Buyer”) and the City of Mendota Heights (“City”) with respect to the Property and outlines the general terms and conditions upon which Buyer desires to negotiate with the City for the purchase and sale of the Property for Buyer’s intended purpose of developing an active adult, multi-family residential facility, as generally set forth in the design concept plans attached hereto as Exhibit A (“Project”). The Project scale will include approximately 150-165 units. Except as provided in Section B below (which terms will be binding), this letter does not constitute a binding agreement or contract, and unless or until the parties negotiate and enter into a binding written agreement for the sale and development of the Property (“Purchase Agreement”), neither Buyer nor the City will be bound to purchase or sell the Property. The purpose of this letter is to establish certain terms concerning the purchase and sale of the Property and to set forth a basis upon which the parties, together with their respective attorneys, may proceed to draft and negotiate toward the execution of a definitive and binding Purchase Agreement. It is understood that either party may terminate negotiations at any time and for any reason. A. Based on the foregoing understanding, the parties desire to negotiate a Purchase Agreement pursuant to the following basic terms and conditions: 1. The Property The Property consists of three separate parcels and Outlot D, and is located in Mendota Heights, Minnesota, between Linden Street and Dodd Road, as generally depicted on attached Exhibit A. 2. Purchase Price The Purchase Price will be the fair market value of the Property, as determined by a MAI appraiser mutually agreeable to the parties, in an appraisal to be completed before April 24, 2017. The Purchase Price will be paid in page 162 cash at Closing. 3. Earnest Money Buyer will place $30,000.00 (“Earnest Money”) into an interest-bearing escrow account to be held by First American Title Insurance Company (“Title Company”), as escrowee, within three (3) business days following the effective date of the Purchase Agreement. The City will have no obligation to perform under the Purchase Agreement if the Buyer does not deposit the Earnest Money in a timely manner. The Earnest Money (or the applicable portion thereof, as further set forth in Section 5 below), plus any interest earned thereon, will be refunded to Buyer if Buyer terminates the Purchase Agreement during the Due Diligence Period (described below). If Buyer does not terminate the Purchase Agreement and proceeds to Closing, the Earnest Money, plus any interest earned, will be applied to the Purchase Price. 4. Title and Survey Buyer will obtain an ALTA survey and a title insurance commitment issued by the Title Company, each in a form satisfactory to Buyer, together with copies of all recorded documents evidencing the exceptions to title that are described in Schedule B of the title commitment. At closing, Buyer will obtain an ALTA Owner’s Title Insurance Policy issued by the Title Company (a) in the amount of the Purchase Price, (b) including extended coverage, (c) showing Buyer (or its assignee) as sole owner of the Property, and (d) subject only to encumbrances and such other title-related matters that are reasonably acceptable to Buyer. 5. Due Diligence Period Buyer will have an initial 180-day Due Diligence Period commencing on the Effective Date of the Purchase Agreement. At any time during the Due Diligence Period, Buyer may terminate the Purchase Agreement if any one or more of the Conditions Precedent described in Paragraph 7 below are not satisfied. The City will cooperate with Buyer and timely provide Buyer with all documents and other materials reasonably requested by Buyer. Buyer may extend the Due Diligence Period for an additional 30 days; provided, however, that if Buyer terminates the Purchase Agreement during such 30-day extension period (as opposed to a termination during the initial 180-day period), Buyer will be entitled to a refund of only $20,000 of the Earnest Money, and all interest earned thereon, and the remaining $10,000 thereupon be paid to City. Buyer may further extend the Due Diligence Period for an additional 30 days; provided, however, that if Buyer terminates the Purchase Agreement during such additional 30-day page 163 extension period (as opposed to a termination during either the initial 180-day period or the first 30-day extension period), Buyer will be entitled to a refund of only $10,000 of the Earnest Money, and all interest earned thereon, and the remaining $20,000 (and all interest earned thereon) will thereupon be paid to City (or retained by City if same has already been paid to City). Buyer may further extend the Due Diligence Period for a third additional 30 day period; provided, however, that if Buyer terminates the Purchase Agreement during such third 30-day extension period (as opposed to a termination during either the initial 180-day period, the first 30-day extension period or the second 30-day extension period), Buyer will not be entitled to a refund of any Earnest Money, and the Earnest Money will thereupon be paid to City (or retained by City to the extent same has already been paid to City). 6. Closing The purchase of the Property will close (“Closing”) within 30 days after the earlier to occur of (a) expiration of the Due Diligence Period or (b) Buyer’s waiver of the Due Diligence Period. The Closing will occur at the offices of the Title Company or at some other location mutually acceptable to the parties. 7. Conditions Precedent Buyer’s obligation to purchase Property will be contingent upon Buyer’s determining (in its sole discretion) during the Due Diligence Period that: (a) Buyer is satisfied with the results of all environmental investigations, studies and tests completed by an environmental testing firm acceptable to Buyer. (b) Buyer is satisfied with the results of all soil and other site engineering investigations, studies and tests, which Buyer deems appropriate. (c) Utilities, storm water detention and curb cuts necessary to serve the Property are available at a reasonable cost. (d) All zoning and governmental approvals desired by Buyer to develop the Property into a residential development can be obtained prior to closing. (e) Buyer is satisfied with its review of all agreements page 164 relating to the Property. (f) Buyer is satisfied with its review of all documents provided to Buyer by City. City will provide such documents at no recourse to City. (g) Buyer is satisfied with its review of the status of title to the Property. (h) Buyer’s acquisition and use or development of the Property will meet its financial requirements (or those of its lender or investors, if any). 8. Property Condition Buyer agrees that it will purchase the Property “as-is” and “with all faults,” with no warranty by City of any kind, expressed or implied, except as provided in the Purchase Agreement. 9. Site Work The City agrees to cooperate and assist with Buyer’s efforts to accomplish the necessary site work for the Project, including without limitation the partial vacation of Maple Street and the relocation of the existing utilities currently under Maple Street. Notwithstanding the foregoing, the City will have no financial responsibility for the necessary site work for the Project. The Buyer may additionally be financially responsible for future public infrastructure improvements that may be required due to the scope and size of the Project, including but not limited to a new sanitary sewer lift station. 10. Traffic Impact Study Within 45 days after the execution of this Letter of Intent, Buyer will cause a traffic impact study to be conducted with respect to certain aspects of the Project. B. The following terms of this letter are binding on Buyer and City: 1. Broker Commission Buyer and City will indemnify each other against any losses, claims, damages, costs, expenses and liability, which Buyer or City may incur which arise from any entity claiming a brokerage commission in connection with this transaction to the extent such claim arises from the activities of the other party. 2. Existing Due Diligence Materials City shall provide Buyer, within three (3) business days of City's counter execution of this letter, any and all documents, reports, studies, tests, engineering drawings, surveys or other page 165 pertinent materials which City has in its possession (or access to) which relate to the Property. All such documents shall be returned to the City if Purchaser does not close on the Property. 3. Due Diligence Investigations Following City’s execution of this letter of intent, Buyer, at its own cost and expense, with reasonable notice to City, may enter the Property to conduct environmental, geotechnical, and soil and engineering investigations, studies and tests of the Property. Any damage to the Property caused by Buyer during the Due Diligence Period shall be repaired at Buyer’s sole cost, and Buyer shall return the Property to its condition before the Due Diligence Period, whether or not any damage was caused by Buyer. Buyer shall provide evidence of all insurance satisfactory to City prior to entry on the Property. Buyer hereby agrees to indemnify and hold harmless City for, from and against any losses, claims or costs incurred by City relating to Buyer’s entry and/or inspections at the Property prior to Closing. 4. Marketing of Property City agrees that for the period commencing on the date of this letter and expiring on the Effective Date of the Purchase Agreement (it being the understanding of the parties that the Purchase Agreement will contain exclusivity provisions), City will neither (a) promote the sale of the Property to, or solicit offers to purchase the Property from, other parties, nor (b) discuss or negotiate with other parties regarding the purchase or development of the Property. 5. Project Design/Use City Council and City staff has reviewed and generally supports Buyer's design proposal, attached as Exhibit A, including the building design, height and number of units and (b) Buyer’s proposed entitlement milestone schedule, attached hereto as Exhibit B. Buyer acknowledges and understands the City Council must approve the terms of the Purchase Agreement and that the City Council and the City’s Planning Commission intend to consider various land use approvals relating to the Project. Any general support for the Project may be absolutely and unconditionally revoked based upon future circumstances and the land use approval process. Buyer and City will endeavor to negotiate and execute a Purchase Agreement immediately upon the City's acceptance of this letter. We look forward to working with the City on this exciting development. Thank you. page 166 Sincerely, John Carlson Trammell Crow Chicago Development, Inc.: ________________________________ Agreed to and Accepted By the City of Mendota Heights: By: Title Date: EXHIBIT A Design Concept Plans See Attached page 167 page 168 page 169 page 170 EXHIBIT B Proposed Entitlement Milestone Schedule April 24th: Planning Commission Submittal Due • Traffic Study • Appraisal • Preliminary Civil Engineering • Concept Design May 23rd: Planning Commission June 6th: City Council • PUD Approved page 171 DATE: March 21, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: City Council Meeting Start Times COMMENT: INTRODUCTION: The Council is asked to consider whether it wants to keep the City Council meeting starting times at 7 PM, or designate another time. BACKGROUND: The Council has had some discussion previously as to whether it wants to change the starting time of its regular meetings from something other than the 7:00 PM time which it has had for many years. City Code section 1-5-3 states in part, …”The regular city council meetings shall commence at such time as the city council by resolution shall from time to time prescribe.” For comparison, following is a list of starting times for City Council meetings in other Dakota County cities: 6:30 PM—Burnsville, Eagan. West St. Paul 7:00 PM—Apple Valley, Lakeville, Farmington, Inver Grove Heights, Hastings 7:15 PM—South St. Paul If the Council wishes to change the start time, a resolution would need to be approved. Any changes should become effective after sufficient notice has been given, which would also allow for any public hearings to be adjusted to any new time. RECOMMENDATION: This is a matter of preference by the Council. page 172 ACTION REQUIRED: The council should indicate whether it wishes to change the starting time of the City Council meetings. If it does not, no action is needed. If the Council desires to change the time, it should direct staff to prepare a resolution for consideration at a future Council meeting. Mark McNeill City Administrator page 173 Request for City Council Action DATE: March 21, 2017 TO: Mayor and City Council, City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Change April 4, 2017 meeting date COMMENT: Introduction The Council is asked to consider changing the meeting date of the first regular City Council meeting of next month due to lack of a quorum. Background Three of the City Council are unable to attend the first meeting in April. Because of the need to conduct City business, staffs asks that the meeting date be changed to an alternative date, rather than having the meeting cancelled altogether. Alternative dates will need to be discussed at the March 21st meeting. Action Required City Council should discuss, and make a motion to change the April 4, 2017 meeting date to an alternative date. page 174 City of Mendota Heights March 2017 1 Ash Wednesday 234 5 67891011 12 Daylight Saving 13 14 15 16 17 St. Patrick's Day 18 19 20 Spring Begins 21 22 23 24 25 26 27 28 29 30 31 Professionalism core value: "We judge others by their behavior; we judge ourselves by our intentions." Ian Percy SaturdaySundayMonday Tuesday Wednesday Thursday Friday City Council Mtg 7:00 Airport Comm Mtg 7:00 Park Comm Mtg 6:30 City Council Mtg 7:00 Planning Comm Mtg 7:00 SMTWTFS 1234 567891011 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 February '17 SMTWTFS 1 2345678 9 101112131415 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 April '17 SMTWTFS 123456 7 8 9 10111213 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 May '17 page 175 City of Mendota Heights April 2017 1 April Fool's Day 2 345678 9 Palm Sunday 10 11 Passover 12 13 14 Good Friday 15 16 Easter 17 Taxes Due 18 19 20 21 22 Earth Day 23 24 25 26 Admin Assist Day 27 28 29 30 Service Oriented core value: "The best cure for our own self-inflicted suffering is often service to others." Jonathan Lockwood Huie SaturdaySundayMonday Tuesday Wednesday Thursday Friday City Council Mtg 7:00 Parks Comm Mtg 6:30 Airport Comm Mtg 7:00 Public Works Closed City Council Mtg 7:00 Planning Comm Mtg 7:00 SMTWTFS 1234 567891011 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 March '17 SMTWTFS 123456 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 May '17 SMTWTFS 123 45678910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 June '17 page 176