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2023-11-21 City Council Agenda PacketCITY COUNCIL AGENDA MENDOTA HEIGHTS CITY HALL COUNCIL CHAMBERS Tuesday, November 21, 2023  7:00 p.m. 1.Call to Order 2.Roll Call 3.Pledge of Allegiance 4.Adopt Agenda 5.Consent Agenda a.Approve November 8, 2023 City Council Meeting Minutes b.Acknowledge September 20, 2023 Airport Relations Commission Meeting Minutes c.Acknowledge September 12, 2023 Parks and Recreation Commission Meeting Minutes d.Acknowledge October 3, 2023 Parks and Recreation Work Session Meeting Minutes e.Approve City Clerk Hire f.Approve Purchase of M365 Software Licensing g.Resolution 2023-86 Certifying Delinquent Sewer Accounts h.Resolution 2023-87 Certifying Delinquent Water Accounts i.Resolution 2023-88 Declaring Fire Department Apparatus as Surplus and Authorizing Sale j.Approve September 2023 Treasurer’s Report k.Approve Claims List 6.Public Comment Period (for items not on the agenda) 7.Presentations/Recognitions a.Fire Captain Swearing In Ceremony Guidelines for Public Comment Period: The Public Comment Period of the agenda provides an opportunity to address the Council on items which are not on the agenda. All are welcome to speak. Comments should be directed to the Council. Comments will be limited to 3 minutes per person; presentations which are longer will need to be scheduled with the City Clerk to appear on a future City Council agenda. Public comments may not be used to air personal attacks, to make political endorsements, or for political campaign purposes. Council members will not enter into a dialogue, nor will any decisions be made at that presentation. Questions from the Council will be for clarification only. If appropriate, the Mayor may assign staff for follow up to the issues raised or occasionally called on to respond. Page 2 of 2 8.Public Hearings 9.New Business a.Resolution 2023-85 Accepting Feasibility Report, Authorizing Preparation of Plans & Specifications, and Calling for a Public Hearing on the Emerson Avenue Street Improvements b.Park System Master Plan Request for Proposal (RFP) 10.Community Announcements 11.Council Comments 12.Adjourn Next Meeting: Wednesday, December 6, 2023 at 7:00 pm City of Mendota Heights  Council Chambers Alternative formats or auxiliary aids are available to individuals with disabilities upon request. Please contact city hall at 651-452-1850 or cityhall@mendotaheightsmn.gov. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA DRAFT Minutes of the Regular Meeting Held Wednesday, November 8, 2023 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 7:00 p.m. Councilors Lorberbaum, Paper, Mazzitello, and Miller, were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Lorberbaum moved approval of the consent calendar as presented. a.Approval of October 17, 2023 City Council Minutes b. Approval of October 17, 2023 Council Work Session Minutes c.Acknowledge September 13, 2023 Natural Resources Meeting Minutes d. Approve Hire for Community Development Manager e.Approve Hire for Assistant City Engineer f.Accept City Clerk Resignation and Authorize Position Recruitment g.Approve 2024 Fourth of July Fireworks Contract h. Approve Purchase of Replacement Standby Generator for the Main Lift Station i.Resolution 2023-84 Approving Plans and Authorizing an Advertisement for Bids for the Marie Park Pond Improvements j.Resolution 2023-83 Authorizing Continued Participation in the Dakota County South Metro SWAT Joint Powers Agreement k. Acknowledge July, August, and September 2023 Fire Synopsis Reports 5aCity Council | Tuesday, November 21 | Page 1 of 104 l.Acknowledge August 2023 Par 3 Financial Report m.Approval of Claims List Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PRESENTATIONS A) BEYOND THE YELLOW RIBBON RECOGNITION City Administrator Cheryl Jacobson stated that in honor of Veterans Day, she is honored to recognize all who have served. She stated that today they will focus on the North Dakota County Beyond the Yellow Ribbon chapter. She introduced former Mayor Neil Garlock, who is also a marine corps veteran and Chapter President of Beyond the Yellow Ribbon. Neil Garlock, Chair of the Northern Dakota County Beyond the Yellow Ribbon, highlighted recent chapter recognition and presented the Gene and Mary Kahnke Memorial Award to Sheila Robertson. Councilor Miller asked the best method to put someone in need in touch with the organization. Mr. Garlock replied that a request can be submitted through the website and also provided his phone number, noting that he is always available to assist a veteran. Councilor Paper thanked Mr. Garlock for coming tonight and recognized the important work that he does in the community to benefit lives. PUBLIC HEARING A)RESOLUTION 2023-75 PUBLIC HEARING FOR AN EASEMENT VACATION – AUDREY ADDITION Public Works Director Ryan Ruzek explained that the Council was being asked to hold proceedings for Resolution 2023-75, a public hearing on an easement vacation commenced by petition for the Audrey Addition. Councilor Miller moved to open the public hearing. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 There being no one coming forward to speak, Councilor Lorberbaum moved to close the public hearing. Councilor Mazzitello seconded the motion. Ayes: 5 City Council | Tuesday, November 21 | Page 2 of 104 Nays: 0 Councilor Miller moved to adopt RESOLUTION NO. 2023-75 APPROVING AN EASEMENT VACATION COMMENCED BY PETITION. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 B)APPROVE RESOLUTION 2023-76 PUBLIC HEARING FOR A RIGHT-OF-WAY VACATION – SUMMERSET BOULEVARD Public Works Director Ryan Ruzek explained that the Council was being asked to hold proceedings for Resolution 2023-76, a public hearing on right-of-way vacation commenced by petition for a portion of Summerset Boulevard. He stated that he received three phone calls requesting additional details but did not receive any objections to the request. Councilor Miller asked for details on access that could be provided to additional homes if additional homes were eventually requested and added. Public Works Director Ryan Ruzek replied that the homes would front to Ridge Place. Councilor Mazzitello noted that if the right-of-way were vacated, that would allow the frontage on Ridge Place that would allow the ability to split into four lots. He commented that the existing home configuration, with the home at 780 would be able to stay, but 772 may need to be razed in order to split into two lots. Public Works Director Ryan Ruzek provided a sketch concept of how the area could be divided to create new lots, noting that is just an example to show and no request has been provided at this time. Councilor Miller commented that he just wanted to ensure that this would not unintentionally create flag lots. Councilor Mazzitello moved to open the public hearing. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 Maureen and Jeff Wilke, 781 Ridge Place, stated that this neighborhood has no safe access for pedestrians to get to Mendota Village. She stated that there is also not a safe way to get the path on highway 62. She stated that if this area is going to be torn up and new homes added, they would appreciate a path that would provide safe access to Mendota Village or to Dodd. Mr. Wilke stated that perhaps a portion of the easement is moved along Dodd to provide that pedestrian connection. City Council | Tuesday, November 21 | Page 3 of 104 Mrs. Wilke commented that the roads are also in poor shape and construction traffic would only add to that. Tom Campion, 790 Ridge Place, commented that he currently has a lot attached to his home and would be interested in building a home on that lot but is about ten to twelve feet short of having the necessary frontage to do so. He stated that splitting this easement between him and the other property owner would be a benefit to both property owners. He noted that there are several new homes in the neighborhood and believed that this action would continue to benefit the neighborhood. Mr. Minea commented that he and his sisters own the other property and signed off on the request to vacate the right-of-way as well. He noted that previous property owners had been interested in similar action, but they had held out. He stated that his family now believes that this is the right time to request this action. He stated that the Wilkes also had a good idea in providing a connection in the river-to-river trail. There being no one else coming forward to speak, Councilor Lorberbaum moved to close the public hearing. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 Public Works Director Ryan Ruzek responded to commenter questions and statements. He stated that this is the Bunker Hills neighborhood, and that area has been identified for a street improvement plan within the next five years. He believed that it is scheduled for 2027 and noted that the street would continue to be patched until that rehabilitation occurs. He stated that the City is still working with Dakota County, noting that the Council will be asked to provide a letter of support to the County at its December 6 meeting. He provided details on the potential underpass proposed for the north side of 62, which would go under Dodd Road. He stated that they would also look to construct an eight-foot bituminous trail from the northwest corner of 62 to Ridge Place which would also provide connections from the Bunker Hills neighborhood to the underpass. He stated that the trail improvements are planned independent of this action. Mayor Levine commented that residents are assessed for road projects and asked how the impact of development plays into that. Public Works Director Ryan Ruzek replied that there is only a certain useful life of a street, which is evident on this street. He commented that sometimes damage can be done to cracksealing by construction vehicles, but ideally the road is designed to support those types of vehicles. Councilor Mazzitello asked if there would be sufficient right-of-way of Dodd to construct a trail. Public Works Director Ryan Ruzek replied that there is not, and estimated less than ten feet which would be needed. He stated that the County is in the process of completing an appraisal of two properties to eliminate the S curve and obtain easements/right-of-way. He confirmed that those actions are independent of this consideration. City Council | Tuesday, November 21 | Page 4 of 104 Councilor Mazzitello commented that this is a sticky situation as typically right-of-way is not approved that would allow adjacent properties to split their lots. He stated that this is a unique situation as it relates to the Comprehensive Plan and believed that a vacation of right-of-way would better support the stated goals of the Comprehensive Plan. He stated that if the vacation is not approved, there is a potential that a developer could utilize the right-of-way for a cul-de-sac, trees could be cut down that separate Ridge Place from 62, and potentially six new homes could be created. He stated that if the vacation is approved, it could at most result in four new homes. He stated that the Comprehensive Plan also speaks to tree preservation and if the homes are along Ridge Place, it would be less likely those old growth trees would be removed. He stated that the Comprehensive Plan also speaks to pedestrian connection and that potential connection would benefit the entire subdivision. He stated that normally he would not favor a vacation that would result in a lot split but believed that in this case, it would provide the better outcome. Councilor Miller asked if a developer would need to come forward to request to put in a road, which would then be the decision of the City Council. Councilor Mazzitello stated that as long as the subdivision is compliant with the Code, it would be difficult to deny. Mayor Levine commented that the purpose of the right-of-way is for a road and therefore if the property were sold the developer would have the ability to create a road. Councilor Mazzitello confirmed that the right-of-way is 60 feet in width and therefore large enough to support a road. Mayor Levine acknowledged that Councilors have spent a lot of time reviewing the materials for this case. Councilor Lorberbaum agreed that under normal circumstances this would not be an action the Council would consider approving but under these circumstances this does make more sense and she is supportive of the request. Councilor Paper moved to adopt RESOLUTION NO. 2023-76 APPROVING A RIGHT-OF-WAY VACATION COMMENCED BY PETITION. Councilor Mazzitello seconded the motion. Further discussion: Mayor Levine commented that this case tested her knowledge of land use and agreed that this is not something the Council would typically approve of. She commented that given the circumstances of this case, this does seem to be the best decision for the community. She stated that when reviewing all of the possibilities, she believes that this would be the best option. She also commented on the importance of creating the trail connection along Dodd Road. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS City Council | Tuesday, November 21 | Page 5 of 104 A)APPROVE RESOLUTION 2023-77 FOR A WETLAND PERMIT AT 2477 BRIDGEVIEW COURT (PLANNING CASE 2023-21) Planning Consultant Jennifer Haskamp explained that the City Council is asked to consider adopting a resolution approving an after-the-fact Wetland Permit for the completed installation of stairs and walkway to the pond on the property located at 2477 Bridgeview Court. The applicants have already installed the improvements within the wetland buffer and setback area, but all work stopped as directed by City staff so that proper permits could be obtained. Councilor Mazzitello commented that this is the first after the fact permit the Council has seen for a while, noting that there seemed to be a slew of these permits about two years ago. He stated that since that time the City has increased its communication on this topic, which he believes has helped to reduce the number of after the fact permits. He thanked staff for that increased education to residents. Councilor Lorberbaum asked if this would be approved if the applicant would have come forward before completing any work. She recognized that while each site is unique and stated that she asked that question of staff and was told that staff would have recommended approval for this in that scenario, which makes a difference to her. She asked what would occur if the Council were to deny this because the landscaping plan was not completed. Planning Consultant Jennifer Haskamp replied that a denial of the permit may trigger removal of the improvements that are in place already. She stated that what has been planted as a cover crop is a native seed mix and could technically quality as a landscaping plan. She stated that the homeowner has gone above that, agreeing to take a class and then develop a more intensive landscaping plan that will be installed in the spring. Councilor Lorberbaum asked if a maintenance plan would also need to be provided. Planning Consultant Jennifer Haskamp replied that is not required under ordinance. She stated that the staff will check to ensure that the plan was followed and established. Councilor Miller asked when the plantings would be done in the spring and when staff would follow up. Public Works Director Ryan Ruzek stated that he would need to check with the natural resources staff, noting that staff completes a visual check to compare the plantings against the plan. Councilor Miller asked if it would be incumbent upon the residents to reach out to staff once the plantings are completed. Public Works Director Ryan Ruzek commented that would be the process, noting that the City is holding funds in escrow and the homeowner would want the final inspection completed to receive those funds back. Mayor Levine commented that the Planning Commission did a great job reviewing this case and also commended the applicants about the letter they submitted. She asked for clarification on the staff City Council | Tuesday, November 21 | Page 6 of 104 recommendation that would have been made if this were to have come forward ahead of the work being completed. Planning Consultant Jennifer Haskamp explained that if the request were to come in ahead of the work, perhaps staff would have shifted the location slightly, depending on the vegetation that existed. She stated that because the stairs are already in place at this time, staff does not have knowledge of the exact vegetation that was removed above what the applicant has stated. Mayor Levine invited the applicant to address the Council. Ch rissy Ruiz, applicant, stated that her whole neighborhood comes out to skate in the winter and people were previously going down a slippery path. Councilor Lorberbaum moved to approve RESOLUTION NO. 2023-77 APPROVING AN AFTER-THE- FACT WETLAND PERMIT AT 2477 BRIDGEVIEW COURT. Councilor Mazzitello seconded the motion. Further discussion: Mayor Levine agreed with Councilor Mazzitello that there used to be a lot of after the fact permits, which has been significantly reduced. She noted that while the homeowner did not know of the rules, the contractor should have been aware of the City regulations for a permit. She recognized that communication has solved the majority of issues. She noted that she would suggest that the compliance charge be assessed in this case, which would double the cost of the permit. She suggested that process be followed moving forward, as homeowners may then go back to their contractor to complain, which will also spread the awareness of the City requirements for a permit. Councilor Paper commented that he is fully willing to consider that but did not believe this was the case to begin with. He stated that if the process is in place, it should be enforced but did not think it would be reasonable to begin with this case. He stated that landscaping is not a licensed trade and typically a landscaper does not need to apply for a permit to complete their work, therefore smaller landscapers may not be aware of all of the rules. He stated that they have clearly done a better job as after the fact permits have been significantly reduced. Councilor Miller commented that as a former foreman for a landscaping firm, he echoes the comments of Councilor Paper. He also agreed that this case should not be made as the example. He stated that he does like the principle of applying that in the future, but also believed that there would need to be discussion on that concept followed by publication of that communication before implementing. Mayor Levine commented that she would withdraw that request based on that input. She stated that her intention was to have this type of discussion. She confirmed the consensus of the Council to direct staff to publicize that process that will be followed moving forward. Councilor Lorberbaum recognized that there was educational effort made on this topic and suggested that campaign continue in order to continue to spread that awareness. Councilor Mazzitello agreed that this would not be the time to begin charging that penalty. He stated that none of the previous after the fact cases had been fined in that manner. He also agreed that the rule should City Council | Tuesday, November 21 | Page 7 of 104 be implemented as written going forward, which would enforce that penalty. He noted that while rare, the Council does have the ability to deny an after the fact permit, requiring the applicant to remove the improvement which is something else to consider for future requests. Ayes: 5 Nays: 0 B) APPROVE RESOLUTION 2023-78 FOR A LOT LINE ADJUSTMENT AND CONDITIONAL USE PERMIT AT 2237 ROGERS COURT (PLANNING CASE 2023-22) Planning Consultant Jennifer Haskamp provided a brief background on this item. The Council was being asked to consider adopting a resolution approving a lot line adjustment to modify the boundary between the property at 2237 Rogers Court and the property to the northeast at 2225 Rogers Court. The applicant is also requesting a conditional use permit to construct a 1,100 square foot detached garage in the rear yard of his property. Councilor Paper asked why the proposed building is askew. Planning Consultant Jennifer Haskamp replied that would be a question for the property owner. Councilor Paper asked if there would be a driveway to the garage. Planning Consultant Jennifer Haskamp replied that there would not be. Mayor Levine invited the applicant to come forward. Tom Jacobson, applicant, commented that the garage would be the same color and material as the home. He stated that the proposed position of the building fits into the landscaping of the property and also blocks the power station behind the home. Mayor Levine commented that it appears there is something in this location. Mr. Jacobson replied that there is a shed that he will be selling and will be moved off the property and the garage will then go in place of that. Councilor Mazzitello asked if the owner of 2225 agrees to this. Mr. Jacobson replied that the property owner does agree to this and will provide his signature before submitting the paperwork to the County. He confirmed that he is compensating the property owner at 2225 for the property that is being transferred. Councilor Mazzitello commented that it would have been nice to have that approval in writing tonight. Councilor Lorberbaum moved to adopt RESOLUTION NO. 2023-78 APPROVING A LOT LINE ADJUSTMENT AND CONDITIONAL USE PERMIT AT 2237 ROGERS COURT. Councilor Mazzitello seconded the motion. City Council | Tuesday, November 21 | Page 8 of 104 Further discussion: Councilor Mazzitello offered an additional condition that the applicant provide proof of his neighbor’s concurrence with this transaction. Councilor Lorberbaum accepted the amendment to the motion. Councilor Mazzitello commented that it is not that he does not believe the applicant but just likes to have the proper documentation on file. Mayor Levine commended the Planning Commission for completing an excellent review. Ayes: 5 Nays: 0 C)APPROVE RESOLUTION 2023-79 FOR A MRCCA PERMIT AT 1661 MAYFIELD HEIGHTS ROAD (PLANNING CASE 2023-23) Planning Consultant Jennifer Haskamp explained that the City Council is asked to consider adopting a resolution approving a Mississippi River Corridor Critical Area (MRCCA) Permit to demolish an existing detached garage and construct a new detached garage at 1661 Mayfield Heights Road. Councilor Mazzitello commented that typically demolition occurs before construction but understood the desire to demolish the garage after construction. He asked the length of time after the certificate of occupancy (CO) that would be allowed for removal of the existing garage. Planning Consultant Jennifer Haskamp replied that there is not a time length specified, as most people are motivated by the letter of credit (LOC), but noted that a length of time could be added if desired. She stated that perhaps 120 days to ensure they are outside of the winter season. Councilor Mazzitello agreed with the 120 days. Councilor Miller agreed. He noted that there was a similar situation recently, where a 120-day period was allowed for demolition after construction was completed. Councilor Paper asked the timeframe for this project. Planning Consultant Jennifer Haskamp commented that the applicant hoped to begin moving dirt before the ground freezes, but noted that would be weather dependent. Councilor Paper stated that perhaps 120 days would not be enough to get outside the winter season if construction begins still this fall. Councilor Mazzitello stated that he would agree to a longer timeframe to get outside of the winter season but wants a specified timeline. City Council | Tuesday, November 21 | Page 9 of 104 Public Works Director Ryan Ruzek replied that if the CO is used as the trigger for the time to begin, 120 days should be sufficient. Mayor Levine asked and received confirmation that the restoration plan includes the old driveway and would be included in the escrow as well. Councilor Lorberbaum asked if there would be a time where a permit is issued, and the applicant is required to do something within six months to one year. Planning Consultant Jennifer Haskamp replied that an MRCCA Permit is not structured in that way with an associated timeline that would void the approval if the project has not begun. She explained that a Conditional Use Permit would have that timeframe where it becomes void after one year if activity has not yet begun. Councilor Lorberbaum asked how much the LOC would be. Planning Consultant Jennifer Haskamp commented that she would have a hard time estimating because of contractor prices but stated that perhaps around $20,000 to $25,000. She noted that was a very rough estimate and the LOC would be based on a real bid price. She stated that the applicant would have the ability to not submit the LOC and demolish the garage prior to construction as well. Councilor Mazzitello moved to adopt RESOLUTION NO. 2023-79 APPROVING A MRCCA PERMIT AT 1661 MAYFIELD HEIGHTS ROAD, WITH THE ADDITIONAL LANGUAGE TO CONDITION FOUR THAT THE APPLICANT SHALL REMOVE THE EXISTING GARAGE WITHIN 120 DAYS OF FINAL INSPECTION BY THE CITY TO HAVE THE FINANCIAL GUARANTEE RETURNED. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 D) APPROVE RESOLUTION 2023-80 FOR A VARIANCE AND CONDITIONAL USE PERMIT AT 809 HAZEL COURT (PLANNING CASE 2023-24) Planning Consultant Jennifer Haskamp explained that the Council was being asked to consider adopting a resolution approving a conditional use permit and variance to construct a covered entry on the front of the house located at 809 Hazel Court. The proposed entry extends about one foot into the City’s permitted porch setback exception that allows encroachment into the front yard setback by five feet. The proposed porch also exceeds the City’s 50 square foot maximum area by approximately four-square feet within the exception area between the 25 foot and 30-foot setback. Mayor Levine recognized that staff and the Planning Commission had different recommendations to begin with and received confirmation that this staff report presented the recommendation from the Planning Commission. Councilor Mazzitello commented that the home was built in 1975 and asked when the front porch ordinance was adopted, thinking that was about 2012. City Council | Tuesday, November 21 | Page 10 of 104 Public Works Director Ryan Ruzek believed that was correct. He noted that the City was receiving a lot of variance requests and therefore created the ordinance for front porches. Mayor Levine commented that the front of the home is completely flat and therefore there is nothing to provide shelter from the weather for those going in and out of the home. She noted that the front porch will be a great addition and improvement for the home. Mayor Levine invited the applicant to address the Council. Daniel Bogg, applicant, commented that he was present to address any additional questions. He stated that the home is nonconforming, and the curvature of the setback comes into the living room of the home. He stated that nonconformance and placement of the home created the difficulty. He stated that this request would allow them to construct the covered front entry, agreeing that the home is very single dimensional as Mayor Levine had stated. Councilor Mazzitello commented that the overall proposed covered entry is six feet by 12 feet, rectangular in shape. He stated that the Code in place for entryways provides for 50 square feet which would be five foot by ten foot, which would not encroach into the setback and would not require a variance. He asked why a five by ten-foot porch would not work. Mr. Bogg replied that when he and his wife originally planned to move forward with the plan, an architect came out and commented that a smaller porch would look disproportionate to the front of the home and would look odd. He stated that would then not fit well into the character of the neighborhood as it would look like an afterthought rather than something that would match and look original to the home. He stated that the architect believed that the proposed dimensions would better match the home and neighborhood. Councilor Lorberbaum moved to approve RESOLUTION NO. 2023-80 APPROVING A VARIANCE AND CONDITIONAL USE PERMIT FOR THE PROPERTY LOCATED AT 809 HAZEL COURT. Councilor Paper seconded the motion. Further discussion: Councilor Paper believed that there were similar cases that had similar difficulties with the arch. Councilor Mazzitello commented that he struggles with the variance portion of the application, not the CUP. He stated that the 70s architecture was the reason for the creation of the related ordinance. He commented that if the porch were built to codified standards, a variance would not be needed. He stated that while he appreciates architectural opinions, he did not believe a decision on the variance could be made based on whether they like the appearance. He stated that if the five by ten porch were built, a variance would not be needed. He stated that the placement of the home on the lot could not be used as the difficulty as the ordinance was created three decades after the placement of the home. Councilor Lorberbaum commented that the resident is trying to make something look good and meet the conditions under awkward dimensions for the home. She stated that this would be different if the home were set normally, but it is not. City Council | Tuesday, November 21 | Page 11 of 104 Councilor Mazzitello commented that the dimensions allowed would remain within the allowed front porch setback and therefore would not require a variance. He stated that he does not believe that the proposal is wrong, or does not look good but is simply attempting to justify a practical difficulty why the codified distance must be exceeded. He stated that aesthetics cannot be that reason, although he agreed that the allowed size may look to small compared to the home. He stated that he would like to give this resident what he is requesting but is struggling to find the practical difficulty for the variance. He stated that he could be one vote in opposition compared to the other members of the Council and would be okay with that vote. Councilor Paper used the scenario that the home were setback 50 feet from the curb and asked if there would still be a limit to the size of the porch. It was confirmed that there would not be that limit. Councilor Lorberbaum commented that this would be unique then because of where the home is placed. Mayor Levine commented where the home is placed is the reason for the variance. Councilor Mazzitello reiterated that if the codified dimensions were used for the porch, a variance would not be required, therefore the placement of the home cannot be the reason. Mayor Levine disagreed. She stated that the setback already encroaches into the home and therefore the placement of the home and location of the setbacks do not make sense on this lot. She stated that the Planning Commission also struggled with this, and she followed the logic of the Commission and believes that they came to the same conclusion. She recognized that there is not always a correct answer, but sometimes a best answer. She stated that the Council then needs to find the best answer and given the placement of the home on the lot and the location of the cul-de-sac she believes the best answer is to approve the variance. Councilor Lorberbaum asked if Councilor Mazzitello would agree that the problem is not made by the applicant. Councilor Mazzitello replied that the variance is of their making because they want a six-foot entryway rather than the allowed five feet. He agreed that the location on the lot is not of their making but did not believe that is a factor in this case. He commented that where the setback line intrudes into the home to the south is inconsequential to the porch. Councilor Miller commented that nothing about this house makes sense. He stated that whoever built this home did a real crap job. He stated that the placement of the home, the unique characteristics of the lot did not do any favors to the builder, but the features of the home look askew compared to the other homes on the cul-de-sac. He stated that the proposed project would fit well into the neighborhood. He understood the perspective of Councilor Mazzitello, but stated that from a broader standpoint the homeowners are trying to do their best in making lemonade from lemons. He agreed that the small dimensions would clear the bar and not require a variance, but did not believe that would do justice to the home. Councilor Mazzitello asked if the applicant would be willing to change the depth to five feet. City Council | Tuesday, November 21 | Page 12 of 104 Mr. Bogg replied that he would not want to do that. He stated that they did consult with the architect again once they saw the potential conflict at the Planning Commission. He stated that the architect stated that they would design whatever was requested but with smaller dimensions it would look off and they may not want to move forward. He stated that would start this process over with a new architect which would delay the purpose of having this in place before winter to shelter the area from the weather. He stated that if the home were setback further, they would be allowed to create a much larger entryway but because of the placement of the home and small setback he needs to ask approval to build anything. He reiterated that the arch does come into the home. He commented that this would not only be an improvement to their home but the overall neighborhood. Ayes: 4 Nays: 1 (Mazzitello) E)APPROVE RESOLUTION 2023-81 FOR A LOT LINE ADJUSTMENT AND VARIANCE AT 2507 AND 2511 CONDON COURT (PLANNING CASE 2023-36) Planning Consultant Jennifer Haskamp explained that the Council was being asked to consider adopting a resolution approving a lot line adjustment and a variance from the 100-foot lot width requirement for lots in R-2 districts. The applicant is proposing to move the existing lot line approximately six feet, which will further reduce the frontage for the property located at 2511 Condon Court. Councilor Paper stated that at some point the right-of-way reduction was approved to save the oak trees. He thought that would only be for one home on the lot. He stated that at the time there was enough room to build one more unit and the request for the right-of-way vacancy was to preserve the oak trees. He thought that it was not supposed to create two more units. Public Works Director Ryan Ruzek replied that is correct that the homeowner wanted the trees on his property and intended to construct a single-family home. He stated that in 2022 the owner determined that he was not going to construct a single-family home and submitted an application to allow a duplex, which was reviewed and approved by both the Planning Commission and City Council. Councilor Miller commented that he also remembered that similarly and noted that he believed that perhaps not the full Council voted in favor of that request at that time, but it was adopted. Mayor Levine stated that was Resolution No. 2022-70, but did not recall the vote although it did pass and therefore this type of dwelling unit is allowed. Councilor Mazzitello moved to adopt RESOLUTION NO. 2023-81 APPROVING A LOT LINE ADJUSTMENT AND VARIANCE FOR THE PROPERTIES LOCATED AT 2511 CONDON COURT AND 2507 CONDON COURT. Councilor Paper seconded the motion. Further discussion: Mayor Levine commented that this would be one building with a shared wall and would meet the standards for the lot, therefore the building could be the same size whether it is a duplex or single-family home. City Council | Tuesday, November 21 | Page 13 of 104 Councilor Miller commented that while he does not love the idea, he can live with it if it would look complimentary with what exists next door. Mayor Levine noted that this will match better with the adjacent building and commented that a typical single-family home would almost look out of place in this location. Councilor Paper referenced the driveway and confirmed that the turnaround was necessary because the oaks would prevent that from going straight onto Condon Court. He asked if the driveways are connected or whether there would be space between. Public Works Director Ryan Ruzek replied that the plans show the driveway as one large surface and the R-2 zoning does not require a five-foot setback, therefore that would be allowed. Ayes: 5 Nays: 0 F)APPROVE RESOLUTION 2023-82 FOR A LOT LINE ADJUSTMENT AND VARIANCE AT 641 HAMPSHIRE DRIVE (PLANNING 2023-20) Planning Consultant Jennifer Haskamp explained that the Council was being asked to consider adopting a resolution approving a lot line adjustment and a variance from the 100-foot frontage requirement for lots in R-1 districts. The applicant is proposing to move the existing lot line approximately six feet to the west, which will produce legally non-conforming frontage for the property located at 645 Hampshire Drive. Tim Wilkin, 645 Hampshire Drive, was present to address questions noting that he is the neighbor that is giving up the six feet. Councilor Mazzitello asked if the neighbors explored the option of a permanent recorded easement rather than moving the lot line. Mr. Wilkin replied that they did explore a lot of options but get along well and wanted to permanently fix the issue to avoid any issues that could arise if one of them wanted to sell their property. Mayor Levine commented that this option does make sense. Councilor Mazzitello moved to adopt RESOLUTION NO. 2023-82 APPROVING A LOT LINE ADJUSTMENT AND VARIANCE FOR THE PROPERTIES LOCATED AT 641 HAMPSHIRE AND 645 HAMPSHIRE DRIVE. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 G) APPROVE PURCHASE OF PLOW TRUCK Public Works Director Ryan Ruzek provided background information explaining that the City Council is asked to approve a change of vendor for the plow truck that was approved for purchase on September 23, City Council | Tuesday, November 21 | Page 14 of 104 2021 and to also approve a purchase order to purchase a new plow truck that is on the Capital Improvement Plan for 2024. Councilor Lorberbaum asked if a downpayment was made when the original order was submitted. Public Works Director Ryan Ruzek replied that no funds were out down and there is not a penalty to cancel the order. Councilor Paper referenced the truck order from 2021, recognizing that the price has increased. He asked if the price would have been held from that time. Public Works Director Ryan Ruzek replied that the price is due upon delivery, therefore a price was not locked in. Councilor Paper referenced the trade value of the truck decreasing and asked for details. Public Works Director Ryan Ruzek replied that is an estimated trade-in value. He stated that the City has sold a previous plow truck to the school district and the school district has reached out, therefore that may be an interested party to sell the truck. Councilor Paper commented that he feels that the trade-in value would result in a loss and would prefer to sell the truck. He stated that this proposal would bring two trucks online at the same time and asked how the lifespan would be stretched to ensure they do not need to be replaced at the same time in the future. Public Works Director Ryan Ruzek replied that the big plow trucks have a life of at least 15 years. He stated that a fifth truck would also be kept. He noted that the original trade was to be done in 2022 with the second to be done in 2024, therefore this would be on schedule other than the delay. He confirmed that there would be sufficient storage space. Councilor Mazzitello asked for information on Western Star and whether there has been any referral information related to mechanical issues. Public Works Director Ryan Ruzek replied that Egan has been converting to Western Star for a number of years and does not have any concerns. Councilor Paper asked if the City looked to purchase Western Star in 2021. Public Works Director Ryan Ruzek commented that the price difference was about $10,000 at that time but the price has come closer now, estimating a difference of about $2,000 now. Councilor Miller moved to authorize STAFF TO ISSUE PURCHASE ORDERS TO BOYER FORD AND TOWMASTER FOR Pos TO PURCHASE A TRUCK THAT WAS BUDGETED IN 2022 AND TO PURCHASE A TRUCK FOR 2024. Councilor Mazzitello seconded the motion. City Council | Tuesday, November 21 | Page 15 of 104 Further discussion: Mayor Levine thanked Public Works for the work in the coming season to manage snow removal. Public Works Director Ryan Ruzek noted that there would be two name the plow contest winners this year. He also confirmed that these would both be brine plows. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Paper commented that it was great to welcome Mayor Garlock back to the Chambers tonight and the work Beyond the Yellow Ribbon does is incredible and ties well with the upcoming Veterans Day holiday. He thanked all the Veterans in the community for their contribution, recognizing Councilor Mazzitello. He also noted Movember, which is meant to draw awareness to men’s health. Councilor Lorberbaum thanked the Parks and Recreation Department for the Trick or Teeing event, which was well attended and well organized. She encouraged residents and families to participate in the event next year. She recognized the veterans in the community and beyond for all that they have done along with the families of veterans. She stated that on November 8, 1926, at 4,119 feet in length, the Mendota Bridge opened and became the longest, continuous, concrete arch bridge in the world. She highlighted upcoming election dates for the primaries and thanked all that recently served as election judges along with those that will serve in the upcoming elections. Councilor Miller thanked all who have served and are serving, recognizing and thanking Councilor Mazzitello for his service. He commented that it is an honor to work with him and appreciates the sacrifice that he made. Councilor Mazzitello thanked everyone that voted in the election the previous day. He stated that people honored on Veterans Day are the people that should be thanked for the right to vote. He commented that every veteran makes a commitment and writes a check up to the value of their life. He stated that anyone willing to do so, is entitled to a square deal. Mayor Levine echoed the comments made thus far. She stated that Sheila Robinson has also done a great job working with veterans in the community. She stated that it has been three weeks since her father passed away and acknowledged the support the community has shown her and her family. ADJOURN Councilor Paper moved to adjourn. Councilor Mazzitello seconded the motion. Ayes: 5 City Council | Tuesday, November 21 | Page 16 of 104 Nays: 0 Mayor Levine adjourned the meeting at 10:08 p.m. ____________________________________ Stephanie B. Levine, Mayor ATTEST: _______________________________ Cheryl Jacobson, City Administrator City Council | Tuesday, November 21 | Page 17 of 104 City Council | Tuesday, November 21 | Page 18 of 104 CITY OF MENDOTA HEIGHTS AIRPORT RELATIONS COMMISSION September 20, 2023  6:00 p.m. City Hall  1101 Victoria Curve A regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, September 20, 2023 at Mendota Heights City Hall, 1101 Victoria Curve. 1.Call to Order Chair Norling called the meeting to order at 6:00 pm. Commissioners present: Norling, Sharma, Sloan, Dunn, Neuharth, and Bobbitt. Commissioner absent: Hamiel. Staff present: City Administrator Jacobson and Office Support Assistant Robertson. 2.Approval of Agenda Chair Norling explained and proposed the idea of using a consent agenda at future meetings to expedite the process for approving minutes and acknowledging reports. 3.Approval of Minutes a.July 11, 2023 Regular Meeting b.July 19, 2023 Joint Meeting with Eagan ARC Motion by Bobbitt and second by Sloan to approve the agenda and two sets of minutes. Motion carried 6-0. 4.Public Comments Rose Agnew, of 671 Woodridge Dr, was present. She noted she attends the meetings occasionally to check progress and stay plugged in. 5.Unfinished and New Business a.Update on MSP VOR-MON and Procedure Development City Administrator Jacobson updated the commission on the Noise Oversight Committee’s (NOC) establishment of a subcommittee to review RNAV procedural changes. The Federal Aviation Administration (FAA) has predesigns completed and the NOC subcommittee will meet with the FAA to continue work on the proposed procedures and designs, as many have been waivered and are out of date. They plan to hold a closed meeting in October. Commissioner Bobbitt asked if the FAA has documentation of when the procedures became waivered. Administrator Jacobson stated that the FAA had not provided any details on the out of date procedures. Chair Norling noted that the presentation to the Minneapolis Airports Commission (MAC) will be held on October 12. City Administrator Jacobson added that public engagement workshops are projected for 2024. 5bCity Council | Tuesday, November 21 | Page 19 of 104 Chair Norling commented that they might also look at the south flow noise abatement procedures. She proposed to the commission that they meet in October after City Administrator Jacobson receives more information from the subcommittee. City Administrator Jacobson will follow up with the Commission at that time. b.Noise Oversight Committee Proposed 2024 Work Plan Chair Norling asked City Administrator Jacobson how to share any procedural ideas with the MAC. City Administrator Jacobson confirmed that the commission should flow information to the MAC through her and she’ll report it onto their staff. Chair Norling expressed that the work plan was very thorough and a lot to work through, even though some of the items were standing from year to year. The commission as a whole had nothing to share or add. 6.Acknowledge Receipt of Reports and Correspondence a.Review of Airport Operational Statistics 1.Complaint Information City Administrator Jacobson shared charts and data. Commissioner Neuharth noted there were a few missing text items from the graphs that would help clarify the data. City Administrator Jacobson shared additional charts presented by MAC staff to help clarify data points. 2.Runway Use Information Operation charts were reviewed. 3.Noise Monitor Information Commissioner Dunn noted some stark noise differences between the data of Mendota Heights and Minneapolis. Chair Norling noted the proposed change in adding charts to the consent agenda from here on out, and reminded commissioners to read and review the operational statistics ahead of time. 7.Commissioner Comments Commissioner Sharma is interested in the NOC’s subcommittee work coming up. Chair Norling thanked City Administrator Jacobson for her work on that subcommittee. Commissioner Bobbitt thanked City Administrator Jacobson and Chair Norling for a well- organized meeting. City Council | Tuesday, November 21 | Page 20 of 104 City Administrator Jacobson asked the commission if they’d be interested in hosting a MAC listening session, coordinating with other local communities such as Sunfish Lake. The commission provided a general consensus to host an upcoming listening session. 8. Adjourn Meeting Motion by Neuharth and second by Dunn to adjourn the meeting. Motion carried 6-0. Chair Norling adjourned the meeting at 6:50pm. City Council | Tuesday, November 21 | Page 21 of 104 City Council | Tuesday, November 21 | Page 22 of 104 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING MINUTES SEPTEMBER 12, 2023 The September meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, September 12, 2023, at Mendota Heights City Hall, 1101 Victoria Curve. 1. Call to Order – Chair Jaffrey Blanks called the meeting to order at 6:30 p.m. 2. Roll Call – The following Commissioners were present: Chair Jaffrey Blanks, Commissioners: Stephanie Meyer, Michelle Muller, Jo Schifsky, Dan Sherer, and Michael Toth; absent: Commissioner Tica Hanson. Student Representative: Meg Murphy. Staff present: Parks and Recreation Manager Meredith Lawrence, Recreation Program Coordinator Willow Eisfeldt, and Public Works Director Ryan Ruzek. 3. Pledge of Allegiance The Pledge of Allegiance was recited. 4. Approval of Agenda Motion Sherer/second Muller to approve the agenda AYES 6: NAYS 0 5.a Approval of Minutes from August 8, 2023 Regular Meeting Motion Muller/second Schifsky to approve the minutes of the August 8, 2023 Parks and Recreation Commission Regular Meeting. AYES 6: NAYS 0 6. Citizen Comment Period (for items not on the agenda) None. 7.Acknowledgement of Reports Chair Blanks read the titles of the three updates (Par 3, Recreation, and Park Improvement Updates) and polled the Commissioners for questions. 7.a Par 3 Update Parks and Recreation Manager Meredith Lawrence briefly reviewed the report, noting that the June financial report was also included and provided an overview. She highlighted record breaking rounds in both June and July and also noted that concession sales have increased as well. She commented that August was also a strong month and September has been strong thus far as well. She stated that all of the equipment that was ordered in 2021 has now been delivered and aeration was completed the previous week. She highlighted additional improvement projects that have been completed or will still be completed this season. 7.b Recreation Update Recreation Program Coordinator Willow Eisfeldt provided an overview of the different events held during the Parks Celebration weekend. She highlighted upcoming events and programming opportunities. Commissioner Muller thanked staff for their efforts for the Parks Celebration events. She commented that the events were great and there were many volunteers of all ages. She noted 5cCity Council | Tuesday, November 21 | Page 23 of 104 that the Makers Market follows the District’s 5K and encouraged people to participate in the 5K as well. Commissioner Schifsky asked for details on Cycles and Cider and asked who the fixers would be. Recreation Program Coordinator Willow Eisfeldt stated that she reached out to Dakota County and was able to secure some volunteers that assist with County bike fix it events. She stated that a staff member also has a family member with that skill that will be volunteering. Commissioner Muller thanked staff for incorporating the new event. 7.c Parks Improvement Update Parks and Recreation Manager Meredith Lawrence provided an overview of the report highlighting progress on the different improvement projects. Commissioner Muller asked if skaters should remain off the concrete at Rogers Lake Park. Ms. Lawrence confirmed that there are signs that the park is closed as the concrete needs to cure for 30 days. She stated that people will be made aware of when the concrete is available for use. Commissioner Schifsky stated that perhaps better signage is needed as she saw people skating on her way into the meeting tonight. Ms. Lawrence noted that there is also caution tape but noted that staff will need to find something better to block off that area. 8. New Business 8.a Establish Master Plan RFP Subcommittee Parks and Recreation Manager Meredith Lawrence stated that staff is seeking two or three commissioners to serve on a Master Plan RFP Subcommittee. She stated that staff would like to begin working on the RFP now, explaining that if the project is included in the budget for 2024, they would be able to begin work much quicker than if the creation of the RFP is delayed until 2024. She recognized that all members may want to provide input and therefore once the subcommittee work is completed, it would come before the Commission for input. She stated that if the item is included in the budget, staff would issue the RFP in December. Commissioners Meyer and Schifsky volunteered. Commissioners Sherer and Toth commented that their schedules would not allow participation in the subcommittee. Chair Blanks commented that he could also participate. Motion Blanks/second Muller to appoint Chair Blanks, Commissioner Meyer, and Commissioner Schifsky to a subcommittee to establish a Master Plan RFP. AYES 6: NAYS 0 8.b Parks Tour Agenda City Council | Tuesday, November 21 | Page 24 of 104 Parks and Recreation Manager Meredith Lawrence stated that the Commission annually holds a park tour and at the last meeting, October was chosen as the month for that tour. She noted that the tour will take the place of the regularly scheduled October meeting. She reviewed the parks that were included in the tour for the previous year. She noted that Valley Park has been requested as one of the locations and welcomed input on the other park locations. Chair Blanks asked the next park assigned for remodel. Ms. Lawrence noted that would be Ivy Hills. She stated that Valley was included in the CIP for next year but was pushed back to allow trail work to be completed. Commissioner Meyer suggested Marie to review the pickleball courts. She noted that could be the last visit to allow staff to get back to City Hall easily. Commissioner Sherer suggested Friendly Hills as well to compare the pickleball courts. Commissioner Toth asked if they should focus on parks that need attention and have upcoming projects. Commissioner Muller noted that Valley would be a good location because of the need for improvements and commented that would also give them an opportunity to look at the pavilion as the pavilion improvements keep getting put off. Commissioner Meyer stated that perhaps Victoria Highlands would be a good choice because of the age of the swing set, as the swings were not replaced at the same time as the playground. She stated that she would not be opposed to Mendakota but has spent a fair amount of time there this summer as may have other members of the Commission. Commissioner Muller noted that Mendakota could be a good fit as they go into the master planning process. Ms. Lawrence provided details on the potential for that playground to be fully accessible, noting that is scheduled for five years out. She stated that they would be soliciting outside funding for that project and therefore it would be a different process than typical playground replacement projects. Commissioner Sherer stated that Kensington could be another opportunity as they move into soccer season as it has nice fields but not a lot of parking. Ms. Lawrence replied that facility is maxed out for the allowed soccer field hours, although it does not get large tournaments. Commissioner Muller noted that would also provide an opportunity to review the fencing issue that was declined by the City Council. Ms. Lawrence confirmed the parks as Valley, Marie, Friendly Hills, and Kensington and commented that staff would solidify the order of the visits. 9. Unfinished Business 9.a Parks and Recreation Strategic Planning Update City Council | Tuesday, November 21 | Page 25 of 104 Parks and Recreation Manager Meredith Lawrence provided an update on the progress on the strategic goals. Commissioner Meyer referenced community engagement, noting that it is great to do new and different things in the future. She noted that one of the intentions was to inform people about the Park Commission, encourage interested people to serve, and receive input in a less formal setting. She commented that she feels that it is important to meet people where they are rather than asking them to come to City Hall, where they may not feel as comfortable sharing their thoughts. Ms. Lawrence recognized that community engagement is up to the Commission and if that is something the Commission wants to do, staff would support that, but staff will not take the lead. Commissioner Meyer agreed, noting that she believed that they did get benefits out of the previous sessions. Chair Blanks agreed as well, noting that he would like to increase visibility of the Commission at different events, suggesting t-shirts which would allow the public to know they are part of the Commission. He agreed that they did get a lot out of the engagement focusing on visibility and programing. He stated that they are not necessarily not doing community engagement anymore, but perhaps that is done more through interactions in the community rather than the focus groups. Ms. Lawrence stated that they could move more quickly with nametags for the group, while t- shirts may take a bit longer to design. Commissioner Schifsky agreed that nametags would be a good start. Chair Blanks stated that he would also like to do t-shirts. Ms. Lawrence confirmed that she could work with Chair Blanks and Commissioner Muller to develop a draft design for the shirts that could be presented to the Commission for review. Commissioner Sherer encouraged the members of the Commission to engage with residents and groups, informally, to continue to gather input and different perspectives. 10.Staff Announcements Parks and Recreation Manager Meredith Lawrence shared the following announcements: •She will contact the subcommittee members to begin that process •Seasonal employment positions have been posted on the website for the winter season •Thanks to staff as it has been a busy few months with the summer recreation and event season •Other events can be found on the City’s website 11.Student Representative Update Student Representative Murphy commented that it is great to see the Par 3 doing well and there appear to be some fun activities coming up in the next few weeks. City Council | Tuesday, November 21 | Page 26 of 104 12.Commission Comments and Park Updates Commissioner Sherer •Everything is in good shape at Hagstrom King with the playground and basketball court are getting a lot of use and some teams are still using the fields •The contractor did a fabulous job at Civic Center on the baseball field Commissioner Toth •Asked how often the woodchip material is leveled back out at Mendakota •Spoke with a resident at Friendly Hills that was gathering acorns to feed the squirrels during the winter and a number of residents were playing pickleball Parks and Recreation Manager Meredith Lawrence provided details on the monitoring of park condition done by season and regular parks staff. Commissioner Muller •Rogers Lake has been very active with people enjoying fishing and canoeing and noted people skating on the concrete •Asked about a pedestrian trail crossing •Kensington looks great but the fencing is rusted Public Works Director Ryan Ruzek provided an update on the timing of that pedestrian crossing as part of a MnDOT project. Chair Blanks •Market Square is great and there is a new restaurant open •Valley Park is a great park, and the basketball court was being used by young children Commissioner Schifsky •Was impressed with the new concrete pad at Rogers Lake, noting that she also saw people skating on the surface •Ivy Hills looks great •It is great to see the projects underway at Wentworth Commissioner Meyer •Marie has been busy with pickleball play •Valley View Heights is also wonderful with the new playground equipment •Echoed thanks to staff for the events that have occurred this year and those yet to come 13. Adjourn Motion Muller/Second Toth to adjourn the meeting at 7:31 PM AYES 6: NAYS 0 Minutes drafted by: Amanda Staple TimeSaver Off Site Secretarial, Inc. City Council | Tuesday, November 21 | Page 27 of 104 City Council | Tuesday, November 21 | Page 28 of 104 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Parks and Recreation Commission Work Session October 3, 2023 Pursuant to due call and notice thereof, a work session of the Parks and Recreation Commission, City of Mendota Heights, Minnesota began at Kensington Park: 2627 Concord Way, Mendota Heights MN. CALL TO ORDER Chair Jaffrey Blanks called the meeting to order at 4:32pm. Commissioners Muller, Schifsky, Toth, Meyer (arrived at 4:45pm) and Hanson were also present. Commissioner Sherer was absent. City staff present included Meredith Lawrence, Parks and Recreation Manager and Ryan Ruzek, Public Works Director. TOUR OF KENSINGTON PARK The commission took a look at the fence at Kensington Park on the Southern portion of the park that backs up to Highway 494. Staff discussed that this project was not included in the 2024 budget and that the next year will be a good opportunity to seek potential alternatives to a chain-link fence replacement. The Commission discussed with staff the usage of the fields and the concession stand, as well as the process to obtain a permit for the picnic shelter. Commissioner Muller commented that the new lilac bushes look wonderful. Public Works Director Ruzek discussed with the commission the potential greenway project and trail connection that is proposed to go through Kensington Park. TOUR OF FRIENDLY HILLS PARK The Commission reviewed the pickleball courts and discussed the surface and potential options for additional pickleball courts at the park moving forward. Commissioner Schifsky suggested that the courts be repositioned in the future and that 10 courts are included in the hockey rink in the future. The Commission discussed the need for dedicated pickleball courts within the community as a whole. Commissioner Muller brought up concerns in the park regarding trail connectivity from the parking lot, in addition to the lack of accessibility. Parks and Recreation Manager Lawrence discussed recent vandalism at Friendly Hills Park within the tennis courts and next steps for remedying the issue. The Commission reviewed the playground at the park and discussed the need for the replacement of the swing set. The Commission discussed options when the playground is replaced. This project is currently slated for a replacement in 2026. Commissioner Schifsky suggested a nature-based playground be considered. Staff discussed potential opportunities and constraints with a nature-based playground moving forward. 5dCity Council | Tuesday, November 21 | Page 29 of 104 TOUR OF VALLEY PARK The Commission reviewed the current state of the trail system through Valley Park. Public Works Director Ruzek discussed Dakota County taking over the greenway and the potential changes the park and trail system will undergo. Public Works Director Ruzek discussed with the Commission that Dakota County offered to replace the existing tennis courts with new pickleball courts free of cost to the City due to the potential encroachment of the tennis fence, but that the City Council was not in favor of that idea. The Commission discussed the importance of adding electricity to the new picnic shelter replacement at Valley Park in the future. In reviewing the playground, the Commission discussed the importance of providing inclusive playgrounds that provide opportunities to all residents regardless of ability or physical limitations. TOUR OF MARIE PARK The Commission was excited to see the tennis courts being used at Marie Park and commented that each park that was visited that evening with tennis courts had residents using them which was positive. The Commission reviewed the surface of the pickleball courts within the hockey rink and enjoyed seeing the lights being used for nighttime pickleball play. Commissioner Hanson asked if the nets could be replaced with real pickleball nets and staff said they would look into it. The Commission reviewed the playground and discussed how positive and successful this project has been. Staff discussed with the commission that included in the preliminary budget for 2024 included funding for the addition of dugouts at the field and infield renovation work to provide a better and safer playing surface for users. Parks and Recreation Manager Meredith Lawrence summarized the comments heard from the commissioners and discussed upcoming recreation programs and events. The commission adjourned the meeting at 6:35pm. Minutes Taken By: Meredith Lawrence Parks and Recreation Manager City Council | Tuesday, November 21 | Page 30 of 104 Request for City Council Action DATE: November 21, 2023 TO: Mayor, City Council, and City Administrator FROM: Kelly Torkelson, Assistant City Administrator SUBJECT: Approve City Clerk Hire INTRODUCTION The City Council is asked to authorize the hiring of Nancy Bauer as City Clerk. BACKGROUND The City Council authorized staff to internally advertise to fill the vacant City Clerk position at its November 8 meeting. Staff are pleased to recommend the hiring of Nancy Bauer as the new City Clerk. Nancy currently serves as the Deputy City Clerk/Secretary and has a wealth of knowledge and experience that will allow her to seamlessly step into the role of City Clerk. Her extensive knowledge of elections and the specific needs and expectations of the Mendota Heights community and City Staff will provide invaluable stability going into the upcoming presidential election year. This upcoming election year will be a challenging and intensive time for elections with three different elections throughout the year including the presidential election which brings an elevated level of workload and public oversight. With Nancy’s leadership, staff are confident that the voters will continue to experience the high-quality service that Mendota Heights voters have come to expect. With Nancy’s promotion to City Clerk, her current position will be vacant. Staff will be reviewing the job description and bringing forward the position for recruitment authorization at an upcoming city council meeting. BUDGET IMPACT The City Clerk is a budgeted position. Staff are recommending the hiring of Nancy Bauer at Step 5 of Pay Grade 12 with an annual salary of $99,006 per the 2023 compensation plan effective November 22, 2023. ACTION RECOMMENDED Staff recommends that Council authorize the hiring of Nancy Bauer as City Clerk with an annual salary of $99,006. ACTION REQUIRED If City Council concurs, it should by motion, authorize the hire of hiring of Nancy Bauer as City Clerk with an annual salary of $99,006. 5eCity Council | Tuesday, November 21 | Page 31 of 104 City Council | Tuesday, November 21 | Page 32 of 104 DATE: TO: FROM: SUBJECT: November 21, 2023 Mayor, City Council and City Administrator Kelly Torkelson, Assistant City Administrator Approve Purchase of M365 Licensing INTRODUCTION Staff are requesting authorization for the purchase of M365 software licensing to continue use of Microsoft products for city business. BACKGROUND The new M365 software is a necessary transition for the city. In addition to extending the city’s current use of Microsoft products, M365 introduces additional tools that further fill needs within the city’s technology environment. Features such as the real time implementation of Microsoft updates will support operations and reduce cybersecurity vulnerabilities. The hosting of the city’s email data in the M365 cloud will improve the city’s ability to manage data practices requests without requiring the possession of individual devices and the streamlining of password management will help to support the city’s cybersecurity efforts. The implementation of M365 in Mendota Heights is following LOGIS’s implementation of the software at other cities. Rather than serve as the test case for new software, Mendota Heights will be able to use the lessons and insights gained through this software implementation in other cities to inform the process here. BUDGET IMPACT This is a budgeted expense in the 2023 and 2024 budget. There are two different costs associated with this project. The licensing cost which is an annual expense is locked in for the next three years at a cost of $32,231 annually. In addition, the project will require additional project hours from LOGIS for implementation which will cost $18,000. The 2023 budget includes $42,500 for this project and the 2024 budget includes $41,500. Some of the expenses will apply to the 2023 budget and some will apply to the 2024 budget. Between the budgeted expenses for 2023 and 2024 the cost for implementation and licensing comes in $1,538 below budget. Staff will plan to include the annual cost of $32,231 in the 2025 budget. 5fCity Council | Tuesday, November 21 | Page 33 of 104 RECOMMENDATION If the City Council agrees, it should authorize the purchase of M365 licensing 2023 for the cost of $50,231 with an ongoing annual cost for the next two years of $32,231. REQUESTED ACTION Motion to authorize the purchase of M365 licensing 2023 for the cost of $50,231 with an ongoing annual cost for the next two years of $32,231. City Council | Tuesday, November 21 | Page 34 of 104 Request for City Council Action Request for City Council Action DATE: November 21, 2023 TO: Mayor, City Council and City Administrator FROM: Sharon Hinze, Utility Billing Clerk SUBJECT: Res. 2023-86 and Res. 2023-87- Delinquent Utility Charges INTRODUCTION/BACKGROUND There are currently 75 delinquent sewer accounts totaling $48,209.88 to be certified to Dakota County for collection with property taxes per City Code 10-3-7. In the year 2022, we certified approximately $28,564.30 of delinquent sewer charges to Dakota County for collection with property taxes. Further, per City Code 10-5-5, the City is authorized to certify to Dakota County for collection with property taxes and any unpaid costs for water charges that are past due to the Board of Water Commissioners of the City of St. Paul. There are 59 water accounts with the Board of Water Commissioners of the City of St. Paul totaling $30,233.58 to be certified this year. In the year 2022, we certified approximately $20,147.08 of delinquent water charges to Dakota County for collection with property taxes. In addition, per City Code 4-3-4B, the City is authorized to certify to Dakota County for collection with property taxes any unpaid costs for the cutting and removal of weeds, grass and other vegetation. However, there are no delinquent weed accounts to be certified this year. Per City Code and City Ordinance, we have included in these amounts all balances, interest and late charges. The total amount of said utility charges shall be paid with general property taxes for the year 2023 and collectable in 2024. Per City Code and City Ordinance, letters were sent to property owners of sewer accounts past due in excess of two quarters, notifying them that if the delinquency was not paid by November 13, 2023, the amount due, plus seven percent (7%) interest and a $50.00 charge will be certified to Dakota County for collection with property taxes. ACTION REQUIRED It is recommended that the city council approve the attached Resolutions: RESOLUTION NO. 2023-86 “RESOLUTION CERTIFYING DELINQUENT SEWER UTILITY CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES.” RESOLUTION NO. 2023-87 “RESOLUTION CERTIFYING DELINQUENT WATER CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES.” 5g/hCity Council | Tuesday, November 21 | Page 35 of 104 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2023-86 A RESOLUTION CERTIFYING DELINQUENT SEWER UTILITY CHARGES TO THE DAKOTA COUNTY AUDITORS FOR COLLECTION WITH REAL ESTATE TAXES WHEREAS, under the provisions of City Code 10-3-7 adopted by the City Council of the City of Mendota Heights on February 18, 2003, it is provided that if sewer rental charges due to the City for the use of the City’s sewer system are not paid within thirty (30) days after the mailing of a billing statement thereof, the same shall be collected and the collection thereof enforced in the same manner and in all respects as county and state real estate taxes, subject to like penalty, cost and interest charges; and WHEREAS, the City Clerk has advised the City Council that the total sewer rental charges due to the City as of October 13, 2023, has been sent to the last known owner of said properties and that more than thirty (30) days has elapsed since the mailing of said statement; and WHEREAS, said properties are all situated in the City of Mendota Heights, County of Dakota, Minnesota, and the parcel identification number of said properties, and the total amount of sewer rental charges due for each said parcel through November 13, 2023, are more particularly described as follows: PARCEL ID NUMBER AMOUNT DUE 276970301020 $584.90 274210008010 $755.92 271715002100 $470.16 273130003041 $603.50 270380013020 $753.96 277115012070 $424.68 276970301070 $302.24 276970104024 $858.12 270420000170 $575.26 277640202030 $370.64 277640203070 $844.42 272245002060 $464.38 274210001040 $848.26 274210005020 $718.38 City Council | Tuesday, November 21 | Page 36 of 104 271715104010 $510.74 278130000062 $122.66 273860004070 $433.02 275750003080 $359.86 275750003120 $689.42 271710001160 $1,047.96 271710001210 $813.26 277105000172 $426.32 277115013040 $894.06 277640100050 $820.70 274920001021 $607.46 278330000181 $656.22 274210005040 $1,179.68 277640100241 $678.42 277640100180 $369.18 273760005070 $1,055.94 273760006160 $846.42 278430000040 $430.58 272250001070 $490.82 276470002050 $568.64 276970207140 $675.36 270230050021 $862.52 275420001071 $519.30 276970303120 $448.12 274495502050 $823.18 274495502030 $336.64 277105000080 $575.18 271715005060 $939.96 276475001012 $727.38 273760002010 $750.66 272780007060 $958.86 272780013030 $634.54 272780004170 $754.46 272780005090 $551.54 272780005150 $389.98 City Council | Tuesday, November 21 | Page 37 of 104 270360025010 $434.00 276460002120 $509.62 271830006040 $1,037.14 271830101200 $382.50 273180002110 $707.64 272780003060 $400.24 272780018060 $923.02 272840004110 $432.12 270410036018 $350.58 274822503080 $592.80 274822503060 $587.10 272780019180 $483.70 272780010250 $701.34 274160101090 $675.36 271915000070 $667.92 272336503030 $791.74 274530000070 $326.50 274530000140 $518.18 274520001020 $4,830.58 270410036011 $122.64 270240075010 $122.64 273070000060 $122.64 270400025010 $632.26 272245402010 $164.34 270230007031 $93.70 273767502080 $75.72 NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the total of said utility charges set forth above is hereby adopted and confirmed as the proper unpaid utility charges due for the above-described properties through November 13, 2023, for each of said lots, pieces and parcels of land shall be a lien concurrent with the general taxes upon such parcels and all thereof. 2. That the total amount of said utility charges shall be payable with general taxes for the year 2023 collectable in 2024. City Council | Tuesday, November 21 | Page 38 of 104 3.That the Utility Billing Clerk shall prepare and transmit to the Dakota County Auditor a certified copy of this Resolution with the request that each of said amounts shall be extended upon the property tax lists of Dakota County to be thereafter collected in the manner provided by law. 4. That a $50.00 service charge and seven percent (7%) interest has been added to each delinquent utility account in accordance with City Code 10-3-7. B.2. Adopted by the Mendota Heights City Council this 21st day of November, 2023. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor ATTEST Cheryl Jacobson, City Administrator City Council | Tuesday, November 21 | Page 39 of 104 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2023-87 A RESOLUTION CERTIFYING DELINQUENT WATER CHARGES TO THE DAKOTA COUNTY AUDITORS FOR COLLECTION WITH REAL ESTATE TAXES WHEREAS, under the provisions of City Code 10-5-5 adopted by the City Council of the City of Mendota Heights on April 19, 2016, it is provided that if water charges are past due to the Board of Water Commissioners of the City of St. Paul and are not paid within thirty (30) days after the mailing of a billing statement thereof, the same shall be collected and the collection thereof enforced in the same manner and in all respects as county and state real estate taxes, subject to like penalty, cost and interest charges; and WHEREAS, the City Clerk has advised the City Council that the total water charges due to the Board of Water Commissioners of the City of St. Paul as of the middle of October, 2023 has been sent to the last known owner of said properties and that more than thirty (30) days has elapsed since the mailing of said statement; and WHEREAS, said properties are all situated in the City of Mendota Heights, County of Dakota, Minnesota, and the parcel identification number of said properties, and the total amount of water charges due for each said parcel through November 7, 2023 are more particularly described as follows: PARCEL ID NUMBER AMOUNT DUE 272490301010 $297.18 277540001180 $1,547.18 277540001020 $2,494.80 277540001010 $1,862.60 277540001080 $366.16 275750002110 $67.76 273130003041 $190.84 275750003120 $458.16 271710001160 $776.96 274210008171 $214.04 274210005020 $193.48 274210005040 $727.00 273760003010 $213.90 273760002010 $828.06 City Council | Tuesday, November 21 | Page 40 of 104 277640202030 $226.26 277640100241 $711.98 277640203070 $132.16 271715005060 $452.92 273765005030 $370.52 277770001010 $170.88 277110002030 $878.80 274210001040 $340.12 276400003060 $432.54 277105000080 $178.06 276450000160 $77.14 272336503030 $552.18 272245002060 $265.46 272245002050 $120.08 273860004021 $1,736.10 273860004100 $126.66 273860002010 $369.10 274520001020 $3,980.10 273190000040 $679.58 276970207140 $561.82 272920002010 $245.90 274495502050 $228.42 273767601200 $111.74 270230050021 $195.04 272250001070 $180.90 276470002050 $1006.36 276470004030 $104.66 272780007060 474.30 272780013030 $392.82 272780019050 $200.92 272780004170 $187.32 272780005130 $156.84 272780009020 $120.18 272780011060 $166.78 272780003060 $135.64 City Council | Tuesday, November 21 | Page 41 of 104 272780018060 $737.08 272780019180 $358.28 271830006040 $100.08 274822503060 $109.24 271830101200 $203.58 276475001012 $643.88 278195002100 $453.44 272840004110 $200.82 274160101090 $602.70 278195002190 316.08 NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the total of said water charges set forth above is hereby adopted and confirmed as the proper unpaid utility charges due for the above-described properties through the middle of October, 2023 for each of said lots, pieces and parcels of land shall be a lien concurrent with the general taxes upon such parcels and all thereof. 2. That the total amount of said water charges shall be payable with general taxes for the year 2023 collectable in 2024. 3. That the Utility Billing Clerk shall prepare and transmit to the Dakota County Auditor a certified copy of this Resolution with the request that each of said amounts shall be extended upon the property tax lists of Dakota County to be thereafter collected in the manner provided by law. Adopted by the Mendota Heights City Council this 21st day of November, 2023. CITY COUNCIL CITY OF MENDOTA HEIGHTS ___________________________________ Stephanie B. Levine, Mayor ATTEST: _____________________________________________ Cheryl Jacobson, City Administrator City Council | Tuesday, November 21 | Page 42 of 104 Request for City Council Action DATE: November 21, 2023 TO: Mayor, City Council and City Administrator FROM: Dave Dreelan, Fire Chief SUBJECT: Resolution 2023-88 Declaring Fire Department Equipment as Surplus and Authorizing the Sale of Ladder 10 INTRODUCTION The City Council is asked to declare Fire Department Ladder 10 as surplus and authorize the sale. BACKGROUND In 1997, the fire department purchased Ladder 10 from Custom Fire Apparatus of Osceola Wisconsin. In October of 2023 the City took delivery of Ladder 11 which is intended to replace Ladder 10. As part of the bid process, manufactures were encouraged to offer the city a trade-in value for Ladder 10. The bid for Ladder 11 was awarded to Rosenbauer Inc, but they declined to offer a trade-in value for Ladder 10. Representatives from Rosenbauer suggested the city would be able to sell the truck on the open market for a greater value than they could offer as a trade-in. Members of the truck committee contacted several local fire apparatus builders and several local fire departments in search of recommendations on how best to market and sell Ladder 10. Brindlee Mountain Fire Apparatus of Union Grove Alabama was recommended by all the individuals that committee members spoke to. If the city enters into a contract with Brindlee, they will have the exclusive right to offer Ladder 10 at the agreed price until the apparatus is sold or the city terminates the agreement. If the sale of Ladder 10 is facilitated by Brindlee, they shall be paid a commission of 10% of the sale price. All the loose equipment with the exception of the ground ladders will be removed from Ladder 10 and the truck will be sold “as is”. If the city does not receive a reasonable offer on the truck in a predetermined time frame, the contract with Brindlee can terminated and the truck can be offered for auction. 5iCity Council | Tuesday, November 21 | Page 43 of 104 BUDGET IMPACT The truck is estimated to sell in the range of $30,000 to $50,000. All proceeds from the sale of Ladder 10 will be deposited in the city’s Equipment Reserve Fund. ACTION REQUESTED If the Council concurs, it should by motion, adopt Resolution 2023-88 Declaring Fire Department Ladder 10 as surplus and authorizing the sale of the apparatus through a contract with Brindlee Mountain Fire Apparatus. City Council | Tuesday, November 21 | Page 44 of 104 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2023-88 RESOLUTION DECLARING FIRE DEPARTMENT APPARATUS AS SURPLUS AND AUTHORIZING THE SALE OF THE SAME WHEREAS, the City Council of the City of Mendota Heights, Minnesota has been advised by staff that certain fire department equipment described in the attached Exhibit A is no longer needed for current or future municipal operations; and WHEREAS, the estimated fair market value of the apparatus is estimated to be between $30,000 and $50,000; and WHEREAS, the Fire Department wishes to sell the apparatus on the open market via a seller’s agent or specialized fire apparatus broker who shall have the exclusive right to offer the apparatus. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota as follows: 1. The Council declares as surplus the Fire Department apparatus as described in Exhibit A. 2. The Council authorizes the execution of the Listing and Marketing Commission Agreement with Brindlee Mountain Fire Apparatus as attached in Exhibit B. 3. The council authorizes the disposal of said apparatus listed in Exhibit A pursuant to Minn. Stat. § 471.345, at or above fair market value. 4. Pursuant to Minn. Stat. § 15.054, the surplus items will not be sold to a City officer or employee. 5. All sales shall be final and the surplus items are to be sold in “as-is” condition. 6. The City Administrator is authorized to execute documents associated with the sale and transfer of the equipment. Adopted by the City Council of the City of Mendota Heights, Minnesota this 21st day of November, 2023. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor ATTEST: Cheryl Jacobson, City Administrator City Council | Tuesday, November 21 | Page 45 of 104 Exhibit A Item Description Estimated Fair Market Value General Safety, 1998 Freightliner 4 door FL112 Chassis, with a Waterous 1500 GPM fire pump, 65’ TELE-Squirt aerial ladder, with a 1000 GPM master steam nozzle, and equipped with 3 ground ladders- a 35’ 3 section, a 16’ roof and a 10’ attic. $30,000-$50,000 City Council | Tuesday, November 21 | Page 46 of 104 Exhibit B Listing and Marketing Commission Agreement Brindlee Mountain Fire Apparatus City Council | Tuesday, November 21 | Page 47 of 104 BRINDLEE MOUNTAIN FIRE APPARATUS 15410 Hwy 231 Union Grove AL 35175 ∙ 256-776-7786 Lisng and Markeng Commission Agreement The undersigned Seller and Brindlee Mountain Fire Apparatus, LLC (“Brindlee”) being duly authorized, hereby enter into the following contractual agreement (the “Agreement”) effecve as of _______________________, 20_____: Apparatus: ____________________________ (the “Apparatus”) Apparatus owned or exclusively offered for sale by: _________________________________________ (“Seller”) If Apparatus not owned by Seller, then owner of the Apparatus: _____________________________________(“Owner”) List Price: The price at which the Apparatus will be listed shall be _________________________, or such other price agreed upon by Seller and Brindlee (the “List Price”) Seller grants Brindlee the non-exclusive right to offer the Apparatus for sale for the List Price. Brindlee shall have the right, but not the obligaon, to market and adverse the Apparatus in any media of Brindlee’s choosing, including the internet. Seller represents and warrants that the informaon provided to Brindlee by Seller, Owner and their agents and representaves regarding the Apparatus is true and correct and Seller holds Brindlee harmless and indemnifies Brindlee from any liability resulng from inaccuracies in such informaon. Seller agrees to pay Brindlee the commission set forth below (the “Commission”) if Seller or Owner sells the Apparatus or any other fire apparatus to a buyer referred by Brindlee (a “Referral”), or anyone acng on behalf of a Referral, whether or not the Apparatus is sold at the List Price. The Commission shall be calculated as follows: - The greater of 10% of the sales price or $500 if the subject Apparatus is sold for less than $150,000.00; - 7% of the sales price if the subject Apparatus is sold for a price from $150,000.00 to $300,000.00; and - 5% of the sales price if the subject Apparatus is sold for a price above $300,000.00. Payment of the Commission will be made to Brindlee within 10 days aer the sale of the subject Apparatus. Seller shall pay interest in the amount of 1.5% per month on Commission not paid within such 10 day period. Seller further agrees that any addional costs incurred by Brindlee as part of collecon efforts for past due Commission will be reimbursed to Brindlee by Seller. The Commission rights of Brindlee and the Commission obligaons of Seller set forth in this Agreement shall survive expiraon or terminaon of this Agreement. Seller agrees to nofy Brindlee at the me of sale of the Apparatus as to the sales price and the name and address of the buyer, regardless of whether such buyer is a Referral which was referred by Brindlee. Seller agrees that if Seller fails to provide such informaon then Seller will pay a Commission to Brindlee as if the buyer of the Apparatus was a Referral referred by Brindlee and the Apparatus was sold at the List Price. Page 1 City Council | Tuesday, November 21 | Page 48 of 104 Either party may terminate this Agreement at any me by nofying the other party in wring. If any sale of the Apparatus takes place to a Referral previously referred by Brindlee within one year subsequent to terminaon of this Agreement, Seller shall pay the same Commission to Brindlee as would have been paid if this Agreement had not been terminated. Seller agrees that Brindlee may list, market and sell other fire apparatus to prospecve buyers who are interested in the Apparatus, including but not limited to fire apparatus owned by Brindlee. This Agreement shall create an independent contractor relaonship between Brindlee and Seller. Brindlee shall at no me be considered an employee of Seller. Seller represents that Seller has full authority to enter into this Agreement. This Agreement constutes the enre agreement between the pares. This Agreement and the terms and condions herein may not be amended, modified or waived except by the wrien agreement of the pares hereto. The failure of the pares to adhere to strictly to the terms and condions of this Agreement shall not constute a waiver of the right of the pares later to insist on such strict adherence. This Agreement may be executed in any number of separate counterparts and all such executed counterparts shall constute one agreement, which shall be binding on the pares notwithstanding that all pares are not signatories to the same counterpart or counterparts. Each party may transmit its signature by facsimile or e-mail (.pdf or similar) to the other party or pares, and any faxed or e-mail signature and/or faxed or e-mail counterpart of this Agreement shall have the same force and effect as an original. This Agreement shall be governed by, construed, and enforced in accordance with the laws of Alabama. The undersigns by execuon and delivery of this Agreement do hereby submit to the exclusive jurisdicon and venue of the state and federal courts located in Marshall County, Alabama. Agreed to by: Seller : Brindlee: ______________________________________ BRINDLEE MOUNTAIN FIRE APPARATUS, LLC [insert seller name above] By: ___________________________________ By: ______________________________________ Name:_________________________________ Name:____________________________________ Title:__________________________________ Title:_____________________________________ Date:__________________________________ Date:_____________________________________ Revised 12/28/2022 Page 2 City Council | Tuesday, November 21 | Page 49 of 104 City Council | Tuesday, November 21 | Page 50 of 104 5jCity Council | Tuesday, November 21 | Page 51 of 104 City Council | Tuesday, November 21 | Page 52 of 104 5kCity Council | Tuesday, November 21 | Page 53 of 104 City Council | Tuesday, November 21 | Page 54 of 104 City Council | Tuesday, November 21 | Page 55 of 104 City Council | Tuesday, November 21 | Page 56 of 104 City Council | Tuesday, November 21 | Page 57 of 104 City Council | Tuesday, November 21 | Page 58 of 104 City Council | Tuesday, November 21 | Page 59 of 104 City Council | Tuesday, November 21 | Page 60 of 104 City Council | Tuesday, November 21 | Page 61 of 104 City Council | Tuesday, November 21 | Page 62 of 104 City Council | Tuesday, November 21 | Page 63 of 104 City Council | Tuesday, November 21 | Page 64 of 104 Request for City Council Action DATE: November 21, 2023 TO: Mayor, City Council, and City Administrator FROM: Dave Dreelan, Fire Chief Scott Goldenstein, Assistant Fire Chief Kelly Torkelson, Assistant City Administrator SUBJECT: Fire Captain Oath of Office and Badge Pinning INTRODUCTION The Council is asked to do a ceremonial swearing in of Captain Chris Perrault, the newest Fire Captain for the Mendota Heights Fire Department. BACKGROUND Captain Christ Perrault had been promoted to the rank of Fire Captain for the Mendota Heights Fire Department. He has served as a Mendota Heights Firefighter since 2003. RECOMMENDATION Staff recommends the Mayor do the ceremonial Oath of Office for Captain Perrault. ACTION REQUIRED If the Council desires to implement the recommendation, bring Captain Perrault forward to be sworn in as Captain of the Mendota Heights Fire Department by the Mayor. 7aCity Council | Tuesday, November 21 | Page 65 of 104 City Council | Tuesday, November 21 | Page 66 of 104 Request for City Council Action DATE: November 21, 2023 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2023-85 Accepting Feasibility Report, Authorizing Preparation of Plans & Specifications, and Calling for a Public Hearing for the Emerson Avenue Street Improvements INTRODUCTION The purpose of this memo is to request that the Council approve the feasibility report, authorize preparation of plans & specifications, and schedule a public hearing for the Emerson Avenue Street Improvements. BACKGROUND The preparation of a feasibility report for Emerson Avenue Street Improvements was authorized by the Mendota Heights City Council by adopting Resolution 2022-64 at the City Council meeting held on August 16, 2022. The proposed streets to be rehabilitated are Emerson Avenue, Ivy Falls Court, Ivy Hill Drive, Laura Court, Laura Street, Maple Park Drive, Sylvandale Court, Sylvandale Court South, and Sylvandale Road. Based on observations, as well as the pavement management system, a majority of these streets have deteriorated to the point where it is no longer cost effective to patch the street and rehabilitation is necessary. The feasibility report indicates the estimated costs for the project, along with preliminary assessment estimates. At the end of the feasibility report, a project financing summary is included to show project cost splits and funding sources to be utilized. The total estimated cost of the project is $3,750,000 including indirect costs. A portion of the feasibility report is attached and the entire report is available for review at city hall or via request. Staff is proposing to hold an informational meeting on December 13, 2023. BUDGET IMPACT Street improvement projects are proposed to be assessed to the benefiting property owners. Pursuant to the City’s Street Rehabilitation and Reconstruction Policy, the benefiting properties should be assessed 50% of the street reconstruction and rehabilitation costs. The following tables show the estimated unit assessments based on the City policy. 9a City Council | Tuesday, November 21 | Page 67 of 104 Project Total Total Estimated Costs Street Improvements $ 1,531,295 Indirect Costs for Street Improvements (20%)* $ 306,259 Total Costs for Street Improvements $ 1,837,554 Private Parking Bays $ 36,175 Total Costs for Private Parking Bays $ 36,175 Park Improvements $ 56,178 Indirect Costs Park Improvements (20%)* $ 11,236 Total Costs for Park Improvements $ 67,414 Storm Sewer Improvements $ 69,350 Water Improvements $ 8,400 Sanitary Improvements $ 39,150 Total Cost for Utility Improvements $ 116,900 Saint Paul Regional Water Service Watermain Replacement $ 1,471,245 Indirect Costs for SPRWS (15%) $ 220,687 Total Cost for SPRWS Improvements $ 1,691,931 Total Improvement Cost $ 3,211,793 Total Indirect Costs for City* $ 538,181 Total Cost $ 3,749,974 Rounded Total Cost $ 3,750,000 *Indirect costs include legal, engineering, administration, and finance Assessment Calculation Total Total Project Cost $ 3,750,000 Assessable Amount $ 1,837,554 Assessment Amount (50% of Assessable Amount) $ 918,777 Total Units - Residential* 104 Assessment - Residential $ 888,863.46 Total Units - City of Mendota Heights* 3.5 City Assigned Assessment Amount $ 29,913.67 Total Units 107.5 Unit Assessment (Assessable amount/ XX Units) $ 8,546.76 Total Assessment Amount $ 8,547 Total Multi-Unit Assessment Amount** $ 4,151 *1 unit = 100 frontage feet **Assessment for multi-unit dwellings computed based on total frontage divided by number of dwellings. Private parking bay work added to townhouse assessment Residential assessments for the project are calculated to be, $8,547 for the single-family portion on the project and $4,151 for the multi-family homes. Staff is hopeful that competitive bids will be received on the project reducing the assessment to residential properties. City Council | Tuesday, November 21 | Page 68 of 104 Funding Source Project Total Municipal Levy $ 918,777 City Assessment (Municipal Levy) $ 29,914 Total Municipal Levy $ 948,691 Residential Assessments (50%) $ 888,863 Private Parking Bay Assessments $ 36,175 Park Fund $ 67,414 Utility Fund - Storm Sewer $ 69,350 Utility Fund - Sanitary $ 39,150 Utility Fund - Water $ 8,400 Saint Paul Regional Water Services $ 1,691,931 Total $ 3,749,974 The project is showing a Municipal Levy of $948,691. The total project cost is estimated at $3,750,000. It is presumed that the City would secure bonding for the Municipal Levy and Assessment portions of the project ($1,837,554). The assessment amount of $888,863 is equivalent to 48.4% of the bond amount. Minnesota Statutes Chapter 429 Special Assessment Bond Issue requires that a minimum of 20% of the total bond issue amount be recovered through special assessments. As the project is designed and competitively bid, the calculated assessment amount will be updated leading up to the adoption of the assessment roll. The improvements are necessary to allow for safe and reliable street and utility services within the City of Mendota Heights. The project will be competitively bid to allow for a cost effective improvement. The feasibility study has provided an overall analysis of the feasible improvements for consideration within this project area. Therefore, the proposed improvements within the areas outlined in this report are necessary, cost effective, and feasible from an engineering standpoint. RECOMMENDATION Staff recommends that council accept the feasibility report and schedule the public hearing for December 19, 2023. A neighborhood informational meeting will be scheduled to be held on December 13, 2023. ACTION REQUIRED If City Council wishes to implement the staff recommendation, pass a motion adopting A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE EMERSON AVENUE STREET IMPROVEMENT PROJECT #202306. This action requires a simple majority vote. City Council | Tuesday, November 21 | Page 69 of 104 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2023-85 A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE EMERSON AVENUE STREET IMPROVEMENT PROJECT (PROJECT #202306) WHEREAS, pursuant to Resolution 2022-64, the City Council, on August 16, 2022, ordered a feasibility report to be prepared by the Public Works Director with reference to the improvement of Emerson Avenue, Ivy Falls Court, Ivy Hill Drive, Laura Court, Laura Street, Maple Park Drive, Sylvandale Court, Sylvandale Court South, and Sylvandale Road; and WHEREAS, the Public Works Director has submitted a report to the City Council with respect to Emerson Avenue, Ivy Falls Court, Ivy Hill Drive, Laura Court, Laura Street, Maple Park Drive, Sylvandale Court, Sylvandale Court South, and Sylvandale Road improvements which include: reclaimed aggregate base, concrete curb and gutter, bituminous surfacing, watermain improvements, storm sewer repair and improvements, ADA improvements and appurtenant work; and WHEREAS, in said report the Public Works Director reported that the proposed improvements and construction thereof are desirable and necessary, technically and economically feasible, cost effective, and further reported on the estimated cost of the proposed improvements; and NOW, THEREFORE, IT IS HEREBY RESOLVED, by the Mendota Heights City Council as follows: 1. The City Council hereby accepts the Feasibility Report as submitted. 2. The Council will consider the improvement of such streets and areas in accordance with the report and the assessment of property as described in the report for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvements of $3,750,000. 3. A Public Hearing shall be held on such proposed improvements on the 19th day of December, 2023 at City Hall, 1101 Victoria Curve, City of Mendota Heights, Minnesota at 7:00 p.m. Statutory notice and publication requirements shall be followed. 4. The Public Works Director shall prepare plans and specifications for the making of such Improvements, which plans and specifications shall be placed on file at the City upon completion. Adopted by the City Council of the City of Mendota Heights this 21st day of November, 2023. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine ATTEST: Cheryl Jacobson, City Administrator City Council | Tuesday, November 21 | Page 70 of 104 Emerson Ave Feasibility Report TKDA Project No. 20210.000 City of Mendota Heights Page 1 Feasibility Report Emerson Ave Street Improvements City of Mendota Heights, Minnesota City Project No. 202306 TKDA Project No. 20210.000 November 3, 2023 City Council | Tuesday, November 21 | Page 71 of 104 Emerson Ave Feasibility Report TKDA Project No. 20210.000 City of Mendota Heights Page 2 Emerson Ave Street Improvements Feasibility Report City of Mendota Heights, Minnesota City Project No. 202306 TKDA No. 20210.000 November 3, 2023 I hereby certify that this report was prepared by me or under my direct supervision, and I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Larry Poppler Professional Engineer Date: November 3, 2023 License Number: 41005 City Council | Tuesday, November 21 | Page 72 of 104 Emerson Ave Feasibility Report TKDA Project No. 20210.000 City of Mendota Heights Page 3 TKDA 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 Summary Emerson Ave Street Improvements: Pavement rehabilitation, concrete curb and gutter repair, manhole and catch basin adjustment, storm sewer improvement, water main replacement, and appurtenant work on the following areas: Emerson Ave (from Wachtler Ave to Sylvandale Rd) Sylvandale Rd (from Emerson Ave to Maple Park Dr) Sylvandale Court S Sylvandale Court N Laura Street Laura Court Ivy Falls Court Maple Park Dr (from Sylvandale Rd to Ivy Hill Dr) Ivy Hill Dr (from Dodd Road to Butler Ave W) Ivy Hills Park City Council | Tuesday, November 21 | Page 73 of 104 Emerson Ave Feasibility Report TKDA Project No. 20210.000 City of Mendota Heights Page 4 Table of Contents Introduction ............................................................................................................................................ 5 Background ............................................................................................................................................ 5 Existing Conditions ................................................................................................................................ 6 Proposed Improvements .....................................................................................................................11 Resident and Business Input ...............................................................................................................13 Project Funding....................................................................................................................................14 Estimated Costs ....................................................................................................................... 14 Assessment Policy ................................................................................................................... 14 Assessment Calculation and Estimation .................................................................................. 15 Funding Sources ...................................................................................................................... 16 Preliminary Project Schedule ..............................................................................................................17 Conclusion and Recommendation .......................................................................................................17 List of Tables Table 1 Boring and Coring Log ............................................................................................................10 Table 2 Pavement Improvement Recommendation ...........................................................................11 Table 3 Curb Replacement Percentage ..............................................................................................12 Table 4 Project Cost ............................................................................................................................14 Table 5 Assessment Calculation .........................................................................................................16 Table 6 Project Funding ......................................................................................................................16 Table 7 Project Schedule ....................................................................................................................17 List of Exhibits Resident and Business Input ..................................................................................................... Exhibit 1 Typical Cross Sections .............................................................................................................. Exhibit 2 Engineer's Estimate ................................................................................................................... Exhibit 3 Preliminary Assessment Rolls ................................................................................................... Exhibit 4 Assessment Map ....................................................................................................................... Exhibit 5 Geotechnical Report and Soil Borings ...................................................................................... Exhibit 6 Saint Paul Regional Water Services Watermain Replacement Map ........................................ Exhibit 7 City Council | Tuesday, November 21 | Page 74 of 104 Emerson Ave Feasibility Report TKDA Project No. 20210.000 City of Mendota Heights Page 5 Feasibility Report Emerson Ave Street Improvements Prepared for City of Mendota Heights, Minnesota Introduction On August 16, 2022, the City of Mendota Heights adopted Resolution 2022-63 ordering the preparation of a feasibility report for street improvements on Emerson Ave, Sylvandale Rd, Maple Park Dr, and Ivy Hills Dr for the following described areas: Emerson Ave (from Wachtler Ave to Sylvandale Rd) Sylvandale Rd (from Emerson Ave to Maple Park Dr) Sylvandale Court S Sylvandale Court Laura Street Laura Court Ivy Falls Court Maple Park Dr (from Sylvandale Rd to Ivy Hill Dr) Ivy Hill Dr (from Dodd Road to Butler Ave W) Improvements are located within the following section, township, and range: S13 T28N R23W S24 T28N R23W These areas are described on the following plats: Emerson Ave o Cherry Hills Addition o Ivy Falls West Addition o Ivy Falls West 2nd Addition o Ivy Falls Creek Addition Sylvandale Rd o o Ivy Falls Addition o Ivy Falls 2nd Addition Sylvandale Ct S/Sylvandale Ct/Laura Ct/Ivy Falls Ct o Ivy Falls 2nd Addition Maple Park Dr/Ivy Hill Dr o Clapp-Thomssen Ivy Hill o Ivy Keep North This report evaluates the feasible street improvements for all project areas listed above. All existing infrastructure elements were evaluated, improvements recommended, cost estimates of the proposed improvements prepared, and funding strategies developed in this report. Based on the analysis of the existing conditions, the following improvements are recommended: Background The City of Mendota Heights utilizes a multi-year pavement management plan to prioritize the infrastructure improvement needs within the city. Street improvement needs are summarized within the Street Improvement Plan (SIP). The Street Improvement Plan suggests improvements to the following streets: City Council | Tuesday, November 21 | Page 75 of 104 Emerson Ave Feasibility Report TKDA Project No. 20210.000 City of Mendota Heights Page 6 Emerson Ave, Sylvandale Rd, Sylvandale Court S, Sylvandale Court, Laura Street/Court, Ivy Falls Court, Maple Park Dr, Ivy Hill Dr. The proposed improvement recommended for all Streets is pavement reclamation. Existing Conditions According to the City ity records, all aforementioned streets are subject for improvements. Over time the City of Mendota Heights Public Works Department has maintained streets with chip sealing, crack sealing, hot patching, and partial overlays several times in the years since construction. Many factors have accounted for roadway deterioration including the following: Age Weather (freeze/thaw cycle) Salt and chemical ice/snow treatment Traffic volume and heavy vehicle loading Underlying soil conditions Roadway pavement section Surface and subsurface water drainage Traffic volumes Below is all the observations and measurements taken on the streets proposed for improvements: Emerson Ave Emerson Avenue is an east/west roadway that connects Wachtler Avenue to Sylvandale Road. There are a total of 17 residential properties on Emerson Ave of which 9 have direct access to Emerson Ave. Street: The road width is approximately 35 from the back of curb (BOC) to BOC. Curb and gutter exist on the roadway. The pavement was observed to have widespread fatigue cracking and signs of frost cracking indicated by the large longitudinal cracking seen along the alignment. The road has been patched in many places due to utility repairs or pavement distress. Drainage: The street section currently drains to catch basins and storm sewer along the road. There is a high point near the intersection of Medora Rd. West of Medora flows west to Wachtler Road. East of Medora water flows east to Sylvandale Road. Curb and Gutter: Emerson Ave currently utilizes B618 concrete curb and gutter. Curb is in good to fair condition with some settling. Utilities: Emerson Ave has water service provided from SPRWS. There is currently a combination of cast iron and ductile iron water mains on the street. Other utilities in the area include overhead and underground power, gas, underground cable and communication, City of Mendota Heights storm sewer. Some power poles and communication boxes are prevalent along the north edge of the road. Emerson Ave is currently served by sanitary sewer running approximately down the center of the road. Sylvandale Road Sylvandale Road is an east/west roadway that connecting Emerson Avenue to Maple Park Dr with traffic counts of nearly 500 vehicles per day. There are a total of 25 residential properties on Sylvandale Road of which 19 have direct access to Sylvandale Road. Figure 1: Emerson Ave (east) City Council | Tuesday, November 21 | Page 76 of 104 Emerson Ave Feasibility Report TKDA Project No. 20210.000 City of Mendota Heights Page 7 Street: The road C to BOC. Curb and gutter exist on the roadway. The pavement was observed to have widespread fatigue cracking and has been patched in many locations. Drainage: The street section currently drains to catch basins and storm sewer along the road. There is a low point near a creek. The road between Emerson Avenue and Ivy Falls Ave drain to this location. North of Ivy Falls Ave water flows north to Maple Park Drive. Curb and Gutter: Sylvandale Road currently utilizes B618 concrete curb and gutter. Curb is in good to fair condition with some settling. Utilities: Sylvandale Road cast iron main on the street. Other utilities in the area include overhead and underground power, gas, underground cable and communication, City of Mendota Heights storm sewer. Power and communication boxes are prevalent along the north edge of the road. Sylvandale Road is currently served by sanitary sewer running approximately down the center of the road. Sylvandale Court S Sylvandale Court S is an east/west cul-de-sac connected to Sylvandale Road. There are a total of 4 residential properties on Sylvandale Court S all of which have direct access to Sylvandale Court S. Street: the BOC to BOC. Curb and gutter exist on the roadway. The pavement was observed to have fatigue cracking and has been patched multiple times. Drainage: The street section currently drains to catch basins and storm sewer along the road. The road slopes from west to east and drains to Sylvandale Road. Curb and Gutter: Sylvandale Court S currently utilizes B618 concrete curb and gutter. Curb and gutter is in fair condition with a few panels that should be replaced during construction. Utilities: Sylvandale Court S main on the street. Other utilities in the area include underground power, gas, underground cable and communication, City of Mendota Heights storm sewer. Sylvandale Court S is currently served by sanitary sewer running approximately down the center of the road. Sylvandale Court Sylvandale Court is a cul-de-sac connected to Sylvandale Road. There are a total of 7 residential properties on Sylvandale Court all of which have direct access. Street: exist on the roadway. At the time of inspection, the pavement appeared to have been previously hot patched, chip sealed, and joint sealed in failing areas. The pavement was observed to have fatigue cracking and several patches. Drainage: The street section currently drains to catch basins and storm sewer along the road. The road slopes from west to east and drains to Sylvandale Road. Curb and Gutter: Sylvandale Court currently utilizes B618 concrete curb and gutter. Existing curb is in fair condition and will need some panel replacement. Figure 2: Sylvandale Court S City Council | Tuesday, November 21 | Page 77 of 104 Emerson Ave Feasibility Report TKDA Project No. 20210.000 City of Mendota Heights Page 8 Utilities: Sylvandale Court on the street. Other utilities in the area include underground power, gas, underground cable and communication, City of Mendota Heights storm sewer. Some power and communication boxes are prevalent along the edge of the road. Sylvandale Court is currently served by sanitary sewer running approximately down the center of the road. Laura Street and Laura Court Laura Street and Laura Court are parts of a cul-de-sac connected to Sylvandale Road. There are a total of 13 residential properties on Laura Street 13 of which have direct access to Laura Street. Street: exist on the roadway. At the time of inspection, the pavement appeared to have been previously hot patched, chip sealed, and joint sealed in failing areas. The pavement was observed to have fatigue cracking and several patches. Drainage: The street section currently drains to catch basins and storm sewer along the road. The road drains to a low point near where the road makes a 90-degree turn. Some roadway ponding has been noted near the cul-de-sac bulb. Curb and Gutter: Laura Street currently utilizes B618 concrete curb and gutter. Curb condition is below average and has panels that will need to be replaced. Utilities: Laura Street the street. Other utilities in the area include underground power, gas, underground cable and communication, City of Mendota Heights storm sewer. Some power communication boxes are prevalent along the edge of the road. Laura Street is currently served by sanitary sewer running approximately down the center of the road. Ivy Falls Court Ivy Falls Court is a cul-de-sac connected to Sylvandale Road. There are a total of 8 residential properties on Ivy Falls Court all of which have direct access to Ivy Falls Court. Street: exist on the roadway. The pavement was observed to have widespread fatigue cracking and signs of frost cracking indicated by the large longitudinal cracking seen along the alignment and has many patches. Drainage: The street section currently drains to catch basins and storm sewer along the road. The road slopes from east to west, flowing from Sylvandale Road to an outlet in the cul-de-sac bulb. Curb and Gutter: Ivy Falls Court currently utilizes B618 concrete curb and gutter. Curb is in fair condition with some deterioration of the joints and some panels that will need to be replaced. Utilities: Ivy Falls Court the street. Other utilities in the area include underground power, gas, underground cable and communication, City of Mendota Heights storm sewer. Some power and communication boxes are prevalent along the edge of the road. Ivy Falls Court is currently served by sanitary sewer running approximately down the center of the road. Maple Park Drive Maple Park Drive is an east/west roadway connects Sylvandale Road to Ivy Hill. Maple Park Drive serves single family residential, multi-family residential and a park. There are a total of 7 single family residential properties on Maple Park Drive all which have direct access to Emerson Ave. There are 3 multi-family properties connected to Maple Park Drive. City Council | Tuesday, November 21 | Page 78 of 104 Emerson Ave Feasibility Report TKDA Project No. 20210.000 City of Mendota Heights Page 9 Street: to BOC. Curb and gutter exist on the roadway. At the time of inspection, the pavement appeared to have been previously hot patched, chip sealed, and joint sealed in failing areas. The pavement was observed to have widespread fatigue cracking and a number of patches. The pavement just west of the intersection of Sylvandale Road is in very poor condition. Drainage: The street section currently drains to catch basins and storm sewer along the road. The roadway slopes from east to west with an outlet to a pond in Ivy Hills Park. Poor drainage near the area of Sylvandale Road is contributing to pavement deterioration. Curb and Gutter: Maple Park Drive currently utilizes B618 concrete curb and gutter. Curb is in fair condition with some joint deterioration and settling panels that will need to be replaced. Utilities: Maple Park Drive has water service provided from SPRWS. There is currently a cast iron main on the street. Other utilities in the area include overhead and underground power, gas, underground cable and communication, City of Mendota Heights storm sewer. Some power poles and communication boxes are prevalent along the edge of the road. Maple Park Drive is currently served by sanitary sewer running approximately down the center of the road. Ivy Hill Drive Ivy Hill Drive is a northwest/southeast roadway connects Butler Ave to TH 149 (Dodd Road). Ivy Hill Drive serves single family residential, multi-family residential. There is a total of 1 single family residential property on Ivy Hill Drive with direct access to Ivy Hill Drive. There are 8 multi-family properties connected to Ivy Hill Drive. Street: to BOC. Curb and gutter exist on the roadway. At the time of inspection, the pavement appeared to have been previously hot patched, chip sealed, and joint sealed in failing areas. The pavement was observed to have widespread fatigue cracking and several patches. Drainage: The street section currently drains to catch basins and storm sewer along the road. The roadway slopes from east to west with an outlet in a pond in Ivy Hills Park. Curb and Gutter: Ivy Hill Drive currently utilizes B618 concrete curb and gutter. Curb is in fair condition with some cracking, joint deterioration and settling. Utilities: Ivy Hill Drive has water service cast iron main on the street. Other utilities in the area include overhead and underground power, gas, underground cable and communication, City of Mendota Heights storm sewer. Some power and communication boxes are prevalent along the edge of the road. Ivy Hill Drive is currently served by sanitary sewer running approximately down the center of the road. Ivy Hills Park Ivy Hills park is situated north of Maple Park Drive with Residential properties surrounding it. It has a parking area with access from Butler Avenue west of Ivy Hill Drive. Parking: The parking lot is adjacent to tennis courts and shows signs of significant fatigue cracking in the pavement. Walks: There are existing trails that enter the parking lot from the east along Butler Ave and south into the park that have non-compliant ADA ramps. Geotechnical Exploration: Proposed pavement improvements provided in this section of the report were developed in conjunction with our geotechnical engineering partners Braun Intertec (Braun). Braun took a total of 19 soil borings and 19 pavement corings to investigate the proposed improvement areas. City Council | Tuesday, November 21 | Page 79 of 104 Emerson Ave Feasibility Report TKDA Project No. 20210.000 City of Mendota Heights Page 10 Braun found that pavement depths ranged from 3.5 to 6.5 inches and aggregate base ranged from 4 to 14.5 inches. Below, displayed on Table 1, are the depths of bituminous and aggregate measured from the soil borings and pavement corings. A copy of the geotechnical report and soil borings is available in Exhibit 7 in the appendix. Table 1: Boring and Coring Logs Roadway Location Bituminous Thickness (in) Apparent Aggregate Base Thickness (in) Core Condition Subgrade Soil Type Emerson Ave ST-1 4 4.25 Debonding at 2 1/4 inches, high deterioration throughout Poorly Graded Sand (SP), Sandy Lean Clay (CL) and Silty Sand (SM) ST-2 4 6.75 Good Condition Clayey Sand (SC) and Silty Sand (SM) ST-3 3.5 7.75 Good Condition Sandy Lean Clay (CL) Clement St ST-4 5.5 8.75 Low severity stripping in upper 2 inches of core Sandy Lean Clay (CL) and Silty Sand (SM) Sylvandale Ct S ST-5 3.75 11.25 Highly deteriorated, bottom of core crumbled during coring process Clayey Sand (SC) and Silty Sand (SM) Sylvandale Rd ST-6 6.25 10.75 Low severity stripping throughout, debonding at 4 inches Silty Sand (SM) and Sandy Lean Clay (CL) ST-8 5.25 6 Good Condition Silty Sand (SM) and Sandy Lean Clay (CL) ST-11 6.5 6.5 High deterioration, bottom half of core disintegrated during core retrieval Silty Sand (SM) ST-13 6 5 Moderate severity stripping throughout Silty Sand (SM) and Poorly Graded Sand with Silt (SP-SM) Sylvandale Ct N ST-7 5.5 11.5 Moderate to high deterioration Silty Sand (SM) and Sandy Lean Clay (CL) Laura St ST-9 5.25 3.75 Low to moderate severity stripping throughout Clayey Sand (SC) Laura Ct ST-10 4.75 9.25 Debonded at 2 inches, heavy stripping from 1.5 to 3.5 inches Clayey Sand (SC) Ivy Falls Ct ST-12 4.5 7.5 Moderate severity stripping throughout Clayey Sand (SC) and Sandy Lean Clay (CL) Maple Park Dr ST-14 5 7 Good Condition Clayey Sand (SC) and Sandy Lean Clay (CL) ST-15 5.5 8 Low to moderate severity stripping throughout Clayey Sand (SC), Poorly Graded sand with silt (SP-SM) and Sandy Lean Clay (CL) ST-16 5 7 High deterioration, horizontal and vertical cracking throughout core Silty Sand (SM) and Poorly Graded Sand with Silt (SP-SM) Ivy Hill Dr ST-17 4.75 11.25 Good Condition Poorly Graded Sand with silt (SP-SM) and Clayey Sand (SC) ST-18 4.5 14.5 Moderate deterioration with cracking below 2 inches Poorly graded sand with silt (SP-SM), Clayey Sand (SC), Sandy lean clay (CL) and Silty Sand (SM) ST-19 4.5 4 Good Condition Silty Sand (SM) and Sandy Lean Clay (CL) City Council | Tuesday, November 21 | Page 80 of 104 Emerson Ave Feasibility Report TKDA Project No. 20210.000 City of Mendota Heights Page 11 Proposed Improvements Streets: Considering the existing condition, deterioration factors, and geotechnical investigation, pavement reclamation is proposed for all streets. Pavement reclamation is recommended as a 7-ton design. Reclamation is recommended because the aggregate base beneath this roadway section is in good condition and no roadway width changes are proposed. Full reconstruction was also evaluated, but because majority of the utilities and concrete curb are in fair condition, this option is not necessary. Because the roads are generally in the same condition and have similar distress, the same reclamation is recommended for all roads and parking lot of Ivy Hills Park. Full depth reclamation will provide a new structural aggregate base and disrupt the existing frost heaving that has breached the existing aggregate base and bituminous surface. This improvement will provide a new paving surface that should last 30 to 40 years (with future routine maintenance and mill and overlay improvements). A variable depth reclamation as the recommended provides a uniform street section and longer lasting results with a lower cost than full reconstruction. Mixing of crushed rock and aggregate base may be needed in areas to meet specifications. To make room for the new bituminous section, the reclaimed material will be graded and compacted to a depth of 4 material is removed. A proposed typical section for the proposed reclamation is shown in Exhibit 3. The City should consider traffic calming approaches along Emerson Ave, Sylvandale Road, Maple Park Drive, and Ivy Hill Drive. Because no off-street pedestrian facility is available, any narrowing of the road should be careful to accommodate pedestrians. Options could include adding curb bump outs that are still traversable by pedestrians and do not impact roadway drainage. Resident feedback indicated a concern with a loss of parking so any changes should minimize losses to parking. No geometric changes to the streets are recommended based on evaluation of options. Adding a centerline stripe or other striping could be considered for traffic calming. This defines the lanes, which in turn defines parking along the street. Several private parking bays are located along various streets within the project area. The condition of these parking bays is similar or worse than the condition of the roadway and should be considered for replacement. Separately the costs for improvements to the parking bays has been calculated. It is recommended that these parking bays be replaced as driveway replacement and costs assessed to the benefitting properties. Table 2 provides geotechnical recommendations gathered from the geotechnical report (Exhibit 7) and collaboration with Braun. Table 2: Pavement Improvement Recommendations Roadway Reclamation Depth (in) Section Depth (in) Reclaimed Aggregate Base (in) Non-wearing Course Wearing Course ALL 11 10 6 2" SPWEA330C 2" SPWEA330C Figure 3: Reclaim and curb replacement (City of Mendota Heights Marie Avenue Project 2020) City Council | Tuesday, November 21 | Page 81 of 104 Emerson Ave Feasibility Report TKDA Project No. 20210.000 City of Mendota Heights Page 12 Sidewalk and Trails: The neighborhood streets within the project area do not include pedestrian trails or sidewalks. The resident questionnaire asked questions about adding on-street or off-street pedestrian facilities. Overwhelmingly, the neighborhood was against adding pedestrian facilities. Resident comments include that the street is wide enough and the traffic is low enough that they feel comfortable walking within the street. Currently no trail crossing exists between the existing trail west of Wachtler Ave to Emerson Ave. We recommend adding an ADA accessible crossing at this location to improve the connections between the neighborhood and this trail. Costs are included for this work in the estimate. In Ivy Hills park, new ADA compliant ramps should be installed on the east and south sides of the parking lot on the existing trails. MNDOT is proposing to modify the existing pedestrian crossing at TH 149 (Dodd Road) and Emerson Ave near Somerset Heights Elementary School. We recommend a Rectangular Rapid Flashing Beacon (RRFB) be installed at this crossing to improve pedestrian safety across Dodd Road. This will be coordinated with the MNDOT sidewalk project. Curb and Gutter: Existing curb and gutter will remain in place except for curb that is impacted by watermain construction, damaged, settled, or not draining properly. The existing curb will be inspected and marked for removal prior to construction. It is typical to see between 20% to 30% curb replacement for residential roadways of this age due to settlement or cracking, however many of the streets appeared to have curb that was in excellent condition. Replacement curb would match the existing curb style. For the purposes of this report and estimates, the Table 3 describes the curb replacement percentages used for calculation of project costs and scope. Table 3: Curb Replacement Percentage In addition to damaged curb and gutter replacement, other curb and gutter would be replaced as necessary because it would be removed for watermain replacement. The quantity for this curb and gutter replacement has been calculated separately and will be paid for as a cost of the watermain replacement. Curb Replacement Percentage All Roads 30% Figure 4: Reclaim and curb replacement (City of Mendota Heights Marie Avenue Project 2020) Figure 5: Spot curb replacement (City of Mendota Heights Ivy Falls Project 2021) City Council | Tuesday, November 21 | Page 82 of 104 Emerson Ave Feasibility Report TKDA Project No. 20210.000 City of Mendota Heights Page 13 Curb and gutter deficient at residential driveways will be spot repaired on an as needed basis. Residential concrete driveways impacted will be replaced Turf disturbed as a part of the curb and driveway replacement process will be restored with 4 of topsoil and sod. Utilities: It is recommended that all the manhole and catch basin rings be replaced as a part of the pavement project. It is typical to re-set all manhole and catch basin grades to match the new grades of the roadway to improve drivability and drainage. In addition to the adjustment rings, outdated and damaged manhole and catch basin casting assemblies will be replaced with modern castings. Storm sewer manholes and catch basins and sanitary manholes will be adjusted with all new concrete rings. Sanitary sewer manholes will be recast with all new concrete rings and infiltration prevention products to limit inflow and infiltration into the sanitary system. Watermain: Saint Paul Regional Water Service (SPRWS) plans on replacing a large amount of watermain on this project shown in Exhibit 8. This would include new hydrants and gate valves. Since the watermain is 8 feet deep, replacement will have impacts to curb, driveway, and yards. The cost estimate includes watermain replacement and restoration of curbs, driveways, and yards. Other, gate valve boxes and curb stop boxes within the project limits will be adjusted under the direction of SPRWS. Damaged valve and curb stop boxes will be repaired with new parts according to SPRWS standards. SPRWS would also like to install anodes for cathodic protection on existing ductile iron watermains. Drainage: Since no significant changes to the roadway width are proposed we recommend continued usage of the existing storm system. Drainage concerns were noted at the intersection of Laura Court and Laura Street, near the intersection of Sylvandale Road and Maple Park Drive and at the roadway low point along Sylvandale Road west of Laura Street. These areas will be evaluated for the best solutions that may include grade changes to the road, storm sewer modifications or installation of drain tile below the road surface. Resident and Business Input On October 27, 2022, an informational letter and questionnaire were sent to the 157 property owners in the Emerson Avenue project area to inform them of the project. The questionnaires asked several questions including drainage issues, tree issues, and traffic comments. Figure 7: Recommended drainage improvements Figure 6: Roadway low point along Sylvandale Road with patching City Council | Tuesday, November 21 | Page 83 of 104 Emerson Ave Feasibility Report TKDA Project No. 20210.000 City of Mendota Heights Page 14 Of the 157 questionnaires sent out, 74 were returned for a rate of 47%. The key issues noted from the questionnaire were parking and pedestrian safety issues. Responses also included localized drainage concerns and traffic safety issues (speeds/sightlines). Residents overall did not favor adding a pedestrian path or marking off a pedestrian path on the side of the street and were concerned about the loss of parking associated with both options. The letters, questionnaires, and responses (and summary) are shown in Exhibit 2. Project Funding Estimated costs: The following costs were prepared for the recommended reclamation for the project area. An E Estimates (Exhibit 4) was prepared and is subject to change depending on the final design of the project, required easements and/or right-of-way, soil conditions, bids received, and actual work performed. The cost estimate includes indirect cost for City administration, design engineering, construction engineering, legal support, fiscal support, interest during construction, assessment roll preparation, and contingencies encountered during design and construction. Table 4 provides a summary of the estimated project construction and indirect costs for the reclamation improvements. Table 4: Project Cost Assessment Policy: costs. The remaining 50% shall be paid through the Street Capital Improvement Fund. The term of the assessment is proposed to be 10 years for reclamation projects. The interest rate for the term has not yet been set and will be provided as the process moves forward. The interest rate was assumed to be 6% for the purpose of this report. City Council | Tuesday, November 21 | Page 84 of 104 Emerson Ave Feasibility Report TKDA Project No. 20210.000 City of Mendota Heights Page 15 The improvements are proposed to be assessed on a unit basis. Assessments would be levied to the benefiting properties as per the Assessment Policy adopted by the Mendota Heights City Council on June 16, 1992, and as amended. See Exhibit 5 for the preliminary assessment roll and Exhibit 6 for the preliminary assessment map. Private streets are considered access points or driveways within the improvement area and are therefore assessed as a part of the project. These properties benefit from the improvement because the property owners use the improved roadways to access their property. The improvement area proposed to be assessed is every lot, piece, and parcel within the City limits benefiting from the street improvements, whether abutting or not, within the following described areas located within Section 13 and 24, Township 28N, Range 23W, as described on the following plats: Emerson Ave o Cherry Hills Addition o Ivy Falls West Addition o Ivy Falls West 2nd Addition o Ivy Falls Creek Addition Sylvandale Rd o o Ivy Falls Addition o Ivy Falls 2nd Addition Sylvandale Ct S/Sylvandale Ct/Laura Ct/Ivy Falls Ct o Ivy Falls 2nd Addition Maple Park Dr/Ivy Hill Dr o Clapp-Thomssen Ivy Hill o Ivy Keep North Assessment Calculation and Estimation: The assessable amount is divided by the number of units. For those properties that are sub-dividable, more units may be assigned based on the City Land Use Code (100 linear feet of frontage and 15,000 square feet of area). The preliminary assessment calculation is derived from taking the overall assessable project costs, multiplying by 50%, and then dividing by the number of units within the project area (including City assigned units). The multi-unit properties have smaller lots within a larger common area. The total number of units was calculated based on the common area frontage and then divided by the number of multi-unit properties. Costs for the reconstruction of the private bays are separately added to the benefitting properties and shown in the assessment roll. The number of units are shown in the preliminary assessment roll and includes a total of 107.5 Units. Table 5 displays the assessment calculation and estimation. Figure 7 Sylvandale Road and Ivy Falls Ct, looking toward Ivy Falls Ave. City Council | Tuesday, November 21 | Page 85 of 104 Emerson Ave Feasibility Report TKDA Project No. 20210.000 City of Mendota Heights Page 16 Table 5: Assessment Calculation Funding Sources: Funding sources for this project are proposed to come from municipal levy, assessments, and utility funds. Table 6 summarizes the funding sources. Table 6: Project Funding The total project cost is estimated at $3,749,974. It is presumed that the City would secure bonding for the Municipal Levy and Assessment portions of the project ($948,691). The assessment amount of $888,863 is equivalent to 48.4% of the bond amount. Minnesota Statutes Chapter 429 Special Assessment Bond Issue requires that a minimum of 20% of the total bond issue amount be recovered through special assessments. City Council | Tuesday, November 21 | Page 86 of 104 Emerson Ave Feasibility Report TKDA Project No. 20210.000 City of Mendota Heights Page 17 Preliminary Project Schedule Table 7 outlines a project schedule to substantially complete the assessable project in 2024. Table 7: Preliminary Project Schedule Activity Date Authorize Preparation of Feasibility Report August 16, 2022 Accept Feasibility Report November 2023 Neighborhood Meeting November 2023 Public Hearing / Order Improvements December 2023 Accept Plans and Specifications and Authorize Bidding March 2023 Award Contract May 2024 Commencement of Construction June 2024 Substantial Completion of Construction September 2024 Assessment Hearing / Certify Assessments to County October 2024 Warranty Inspection June 2025 Conclusion and Recommendation The recommended street improvements will produce a uniform and stable, long-lasting roadway for the residents and businesses of Mendota Heights as well as reduce maintenance time and cost while also increasing roadway longevity. The total estimated cost of the recommended improvements is $3,749,974. A portion of this project is proposed to be assessed to the benefiting property owners and the remainder through other funding sources. assessment for the recommended improvement is calculated at $8,547 per unit. As the project is designed and competitively bid, the calculated assessment amount will be updated leading up to the adoption of the assessment roll. The improvements are necessary to allow for safe and reliable street and utility services within the City of Mendota Heights. The project will be competitively bid to allow for a cost-effective improvement. The feasibility study has provided an overall analysis of the feasible improvements for consideration within this project area. Therefore, the proposed improvements within the areas outlined in this report are necessary, cost effective, and feasible from an engineering standpoint. City Council | Tuesday, November 21 | Page 87 of 104 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 47 EXHIBIT 5 Assessment Map City Council | Tuesday, November 21 | Page 88 of 104 City Council | Tuesday, November 21 | Page 89 of 104 City Council | Tuesday, November 21 | Page 90 of 104 Victoria Curve Feasibility Report TKDA Project No. 20304.000 City of Mendota Heights Page 49 EXHIBIT 6 Geotechnical Report City Council | Tuesday, November 21 | Page 91 of 104 City Council | Tuesday, November 21 | Page 92 of 104 Request for City Council Action DATE: November 21, 2023 TO: Mayor, City Council, and City Administrator FROM: Meredith Lawrence, Parks and Recreation Manager Ryan Ruzek, P.E., Public Works Director SUBJECT: Request for Proposals—Park System Master Plan INTRODUCTION The City Council is asked to authorize the issuance of a Request for Proposals (RFP) for the development of a Park System Master Plan. BACKGROUND A Park System Master Plan is a common document found within cities and is used to complete the following: Assess the current and future recreation needs of the community, establish a long-range vision, determine gaps within the park system and reduce redundancy, provide strategies to fill gaps, scientific community engagement which garners support, establish priorities, potential for and promotion of partnerships, tool to be used for grant applications, opportunities for the development of potential future park land, plan for park amenity life cycle, align investment and budget with the community’s needs, and education of the public. Staff worked with the Park and Recreation Commission and their Park System Master Plan Subcommittee to review master plans from other cities to determine what should be included in the RFP for Mendota Heights. The full Commission reviewed the draft RFP at their November 14 meeting and recommended unanimous approval of the release of the RFP. The proposed timeline for the project is as follows: •November 14, 2023 Commission Review Draft RFP •November 21, 2023 Staff Request City Council Approval to Release the RFP •November 22, 2023-December 15, 2023 Consultants Submit Proposals •December 18, 2023-January 3, 2024 Staff and Subcommittee Review Proposals •First CC meeting in January City Council Approval of Consultant •August, 2024 Deliverables Complete Attachment: Park System Master Plan Draft RFP BUDGET IMPACT There is no cost associated with the release of the RFP. The preliminary 2024 budget included $75,000 from the Special Parks Fund to cover the expenses of this project. 9bCity Council | Tuesday, November 21 | Page 93 of 104 RECOMMENDATION Staff recommends the City Council authorize the release the Request for Proposals for the development of a Park System Master Plan. ACTION REQUIRED If the council concurs, it should, by motion, authorize the release of the Request for Proposals for the development of a Park System Master Plan. City Council | Tuesday, November 21 | Page 94 of 104 City of Mendota Heights REQUEST FOR PROPOSALS Park System Master Plan PROPOSAL DEADLINE: December 15, 2023  11:00am Released: November 22, 2023 City Council | Tuesday, November 21 | Page 95 of 104 Section 1: General Information Contract Administration All correspondence regarding this RFP (Request for Proposals) and the proposed services must be addressed to: Meredith Lawrence, Parks and Recreation Manager City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Phone: 651-255-1354 Email: mlawrence@mendotaheightsmn.gov Submission must be sent by email. One PDF copy of the proposal and any relevant attachments should be sent to the mailing address above. Due Date: December 15, 2023 at 11:00am Anticipated Award of Contract: January 9, 2024 Target Deliverables Due Date: August 1, 2024 Acceptance of Proposals Contents The contents of this RFP and the proposal will become contractual obligations if a contract ensues. Failure of the consultant to meet these obligations may result in cancellation of the award. All information in the proposal is subject to disclosure under the provisions of Minnesota Statutes Chapter 13—Minnesota Government Data Practices Act. Section 2: Project Overview Project Overview and Purpose The City of Mendota Heights is connected by its parks and recreational green space. Having a variety of different neighborhood and community parks, along with larger recreational facilities has allowed the city to create the feeling of a vibrant, healthy city while also maintaining a personal experience with nature and outdoor activities. The City of Mendota Heights wants to continue upon this foundation for its residents and visitors and foster a sense of community that is fun, safe, and friendly. This RFP outlines the nature and scope of the professional services requested for the development of a Park System Master Plan for the City of Mendota Heights. The plan must comprise of the following: • Establish a clear, 15-year vision for Mendota Heights parks, open and public spaces to ensure it is positioned to meet future community needs and is aligned with the Mendota Heights 2040 Comprehensive Plan City Council | Tuesday, November 21 | Page 96 of 104 • Evaluate the existing park system features and amenities related to community need and accepted national standards to identify where changes are warranted • Evaluate the ways in which the residents are or are not currently served through access to the City of Mendota Heights recreation services (keeping in mind that local government entities also provide programming as well as private groups) • Create an equity-based master plan which seeks balance in the park system to meet the needs of Mendota Heights residents, businesses and stakeholders, considering usability, access and differences in physical ability, race, age, income, housing status, language and culture • Develop a prioritization strategy to guide decision-making and investment in the city’s park system • Identify and prioritize park system needs, desires, and interests of the community today and in the next 15 years based on anticipated demographic, economic and recreation trends, preferences, and social changes • Establish a detailed implementation program for achieving the plan’s vision including identifying funding opportunities and gaps, anticipated needs for staff resources, and producing high level cost-estimates for identified high-priority actions • Consider the interrelation of the park system to transportation, housing, land use, economic development, utilities and infrastructure, natural resources and public safety • Involve robust community and stakeholder engagement as part of the process and find ways to include underrepresented populations voices Background The City of Mendota Heights offers a robust system of recreational and open space options, which includes regional trails, lakeside parks, scenic bluffs, and nature preserves. The City’s facilities provide unique features that shape the character of Mendota Heights beyond the ordinary. The City’s parks provide a visual identity to the City, in addition to contributing to the quality of life for those who recreate in the community. Mendota Heights has over 771 acres of parks and open spaces, which include both active and passive recreation areas, along with other state and private parks. The City’s 33 miles of trails offer an excellent opportunity for exercise and relaxation. Opportunities for walking, bicycling, bird watching, cross country skiing, golfing and nature hiking are sprinkled throughout Mendota Heights. The City’s parks are supplemented by three golf courses: Mendakota Country Club, Somerset Country Club, and the Mendota Heights Par 3 Community Golf Course. These contribute to open space views and recreational opportunities for residents. City Council | Tuesday, November 21 | Page 97 of 104 Throughout the last fifteen years the City has made improvements and developed new parks. It has also made efforts to maintain existing open space such as purchasing the 17-acre Mendota Heights Par 3 Community Golf Course. The City recently joined in partnership with other public entities and purchased the 25.5 acre Oheyawahe area, which will be retained as open space. Protection of the Oheyawahe area as an important Dakota site has been identified as a critical issue for many residents within the City. Oheyawahe was placed on the National Register of Historic Places in 2017. A task force has been formed to pursue short and long-term goals for the preservation of and improvements to Oheyawahe, in addition to the creation of an interpretive plan for the site. The City has 17 public parks throughout the community, including Oheyawahe. These parks contain over 295 acres of land area. In the 1990’s, a majority of the most recent park upgrades were made due to a voter approved parks focused referendum. While the need and interest for recreational opportunities has increased over the years, the improvement of park equipment and infrastructure has not occurred due to poor funding and a lack of proactive planning. Section 3: Scope of Work Scope of Services/Tasks The following is the general description of the tasks to be required of the consultant. A final scope of services will be negotiated and finalized once a consultant is selected. In preparing a proposal, the consultant is free to modify, revise, or otherwise amend the list of tasks to best satisfy the requirements of the plan. A. Assess Existing Park Conditions and Opportunities City staff has developed an Asset Management Plan and Capital Improvement Plan. The City of Mendota Heights would like a third party to review our asset management plan to ensure it aligns with professional standards. A more expanded analysis of the condition and opportunities is expected within this plan. The consultant will: • Prioritize a list of improvements to parks and park amenities based upon an agreed upon prioritization methodology • Assess the functionality of the assets against projected 2040 needs and community desires during the community engagement phase • Prioritize future investment based on community needs and desires and current conditions • Review existing built infrastructure and make recommendations for improved accessibility and universal access measured against National Recreation and Park Association (NRPA) metrics • Determine gaps in the park system and provide opportunities to fill the locations that do not have a park within walking distance City Council | Tuesday, November 21 | Page 98 of 104 • Review existing maintenance standards and schedule of identified and unidentified deferred infrastructure maintenance-- provide recommendations on prioritization • Provide a concept plan for redevelopment opportunities at Mendakota Park, which is the City’s flagship park that hosts many City and private events and programs B. Assess Existing Recreation Programs and Services and Forecast Future Opportunities City staff has developed a robust number of recreation programming and services. A list of programs, events, and services will be provided in addition to participation rates and associated costs. The consultant will: • Prioritize recreation services based upon agreed upon prioritization methodology • Assess the functionality of the recreation services and community desires based off the community engagement phase • Prioritize future investment of recreation services based on community need, desires and current offerings C. Community Engagement The consultant team is expected to lead a robust and inclusive engagement process to drive the development of the plan. Minimum expectations include: • Meetings with City Officials: Meet a minimum of four times (two times with the Park and Recreation Commission and two times with the City Council) • Meetings with Stakeholders and Partners: Conduct coordinated meetings with stakeholder groups and key partner agencies and organizations. The City will provide a complete list of contact information for key stakeholders and assist in meeting logistics and notifications • Community Engagement: Lead and actively engage in community engagement throughout the planning process. There should be many varied opportunities for resident engagement and a plan to include underrepresented populations voices is imperative • City Staff and Project Team Coordination: Meet regularly with City staff throughout the project to ensure tasks and activities are progressing in a timely manner and to address issues and opportunities that arise D. Funding Systems The consultant team is expected to provide a roadmap for the successful funding of the resulting initiatives and projects with the understanding that Mendota Heights has a conservative tax base and park dedication fee revenue will not be a feasible funding source in the future as the City is nearly fully developed. City Council | Tuesday, November 21 | Page 99 of 104 • Review current and recommend future funding strategies related to the staffing, operations, enhancement, and maintenance of the Park System • Benchmark the City’s parks finances against other comparable park agencies, broken into the following categories: o Recreation o Park Maintenance o Park Capital Improvements o Municipal Par 3 Golf Course • Determine what strategic actions the City must take in order to meet financial needs of the Park System in the future as defined in this new master plan E. Implementation Plan The Park System Master Plan will compile and summarize the findings regarding the needs, desires, challenges, and opportunities of the community today and over the next 15 years based on anticipated demographic, economic, social, and recreational changes. The Master Plan should provide clear goals, objectives, guiding principles and a vision that will provide the framework for decision-making regarding development, redevelopment, and enhancement of park and open space facilities and the provision of recreational opportunities and services. The implementation plan is a critical component of the Master Plan and will describe the, “what, when, and how” to achieve the vision, goals and objectives. At a minimum the implementation plan should include: • Prioritization Strategy: describes a process and criteria for prioritizing investments and modifying practices including recommended priorities regarding: o Replacement, consolidation, and/or repurposing of facilities o Parkland acquisition o Changes to programs, events and services o Changes to maintenance and required staffing (level of service) o Integrating equity considerations in decision-making o Improve sustainability of resources (natural, fiscal, and social) facilities and operations • Identify the highest priorities for investment as well as near, mid, and long-range priorities • Prepare cost estimates, including inflationary expectations based on market studies, for high priority investments • Assess the City’s staffing and funding levels in relation to regional averages and comparative to cities of similar size in relation to parks and recreation. The consultant will provide a budget and staffing analysis needed for current level of service, an adequate level of service and a desirable level of service. The analysis will also include funding and staffing requirements for future growth and City Council | Tuesday, November 21 | Page 100 of 104 operation in line with priority recommendations. The Consultant will also provide suggested funding strategies Approach The consultant is asked to keep in mind the following approaches as the plan is developed: • Regional to Community to Neighborhood Focus: This project should consider the park amenities outside of the City, but also within a reasonable distance from Mendota Heights as potential amenities for residents of Mendota Heights to utilize. It is a goal of the City of Mendota Heights to have parks and open space within a reasonable walking and/or biking distance from every home. Somewhere between regional and neighborhood amenities are community amenities—those that might require a longer trip but are not economical to have as close to every home. What amenities are reasonable to view as neighborhood amenities, community amenities, and regional amenities? Where are the gaps in the community? • Community Building Driven: This project should be driven by what the community needs and wants, but recommendations should also consider the power of parks and recreation amenities and services to build community by bringing people together. • Future Focused: While the needs and wants of the community today are important, it is also important to consider changing demographics and likely changes to demands as those demographics’ changes. Twenty years ago, no one would have expected pickleball to be as popular as it is today. What types of changes in demand do we expect because of changing demographics as well as culture? The City anticipates that this is a team approach between the consultant, the City organization, and the community. The consultant is responsible for bringing expertise, new ideas and challenging the old way of thinking. The preparation of the final deliverables will be the responsibility of the consultant. Final Document The Plan should be in a reader-friendly document with an emphasis on maps, charts, photos, graphics and tables to convey information rather than using lengthy text. The Plan should be formatted in such a way that it is easy to update on a routine basis. • Printed Material o Seventeen printed copies of the final Park System Master Plan should be provided to the City in the following format:  Spiral-bound book, with individual sections marked by label dividers  Printing to be double sided (back-to-back)  8.5” x 11” paper except for maps, charts, or diagrams that may be on folded 11” x 17” paper  Color copies of pages including graphics, maps and photographs City Council | Tuesday, November 21 | Page 101 of 104 • Electronic Materials o The documents and graphics should be available in a digital format compatible with the City’s software (e.g. Adobe Creative Suite package, ESRI GIS products, MS Word). The final products, as well as all presentation materials (i.e. Power Point presentations, maps, graphics, etc.) used throughout the planning process, shall become property of the City of Mendota Heights, who shall have all- inclusive rights for reproduction and distribution. The material will be provided to the City via a secure file sharing website or via USB Flash Drive. Section 4: Proposals The proposal shall contain the type of information summarized below. Additional information is allowable, provided it is directly related to the proposed project. The proposal should follow the Table of Contents listed below. The four (4) sections of the proposal should be separated using tabs. 1). Project Approach 2). Proposed Project Team and Experience 3). Schedule 4). Fee Quotation 1). Project Approach Provide specific approaches and methods that will be utilized to complete this project as outlined and to accomplish the work items listed under Section 3 of this RFP. Include philosophy on designing improvements for parks. Explain why the consultant’s firm should be selected to perform the services for this project. 2). Proposed Project Team and Experience • Provide identification of the offering firm (s), including name, address and telephone number of each firm • List the name, title, address, email address, and telephone numbers of contact person during period of proposal evaluation • Provide history, years in business and background on the firm • List any subcontracted professionals that will be used on the project • Identify the key project team members and describe their specific roles on the project • Include resumes for key members of the project team • Describe relevant experience and provide information on at least three (3) reference projects completed in the last five (5) years • Include specific descriptions of proposed team members’ roles on relevant projects. Provide a contact name and information for each of the references City Council | Tuesday, November 21 | Page 102 of 104 3). Schedule Provide a proposed timeline with projected completion dates. The City’s expectation is to complete the Master Plan by August, 2024. 4). Fee Quotation Proposals shall include a total cost for completion of the project described that is based on an hourly fee not to exceed the contract amount. The cost should include detailed estimates of the number of hours to be worked by specific team members on each major (numbered) work item under section 3 of this RFP. A cost estimate summary for each of the work items outlined in the RFP shall also be included. The estimate shall clearly identify as additions, overhead, and reimbursable expenses. Submission of Proposal Submission must be sent by email to mlawrence@mendotaheightsmn.gov One PDF copy of the proposal and any relevant attachments should be sent to the mailing address above. Proposals will be accepted until December 15, 2023 at 11:00am. Section 5: Consultant Selection Proposals will be reviewed and evaluated by City staff and the Parks and Recreation Commission Master Plan Subcommittee on the basis of the following criteria: • Consulting firm and key project staff experience with similar projects • Proven track record in successfully completing similar projects on time and within budget • Successful experience of both the firm and the individual team members will be considered • Proposed approach to completing the project • Components and details of the scope of the project • Proposed fee Following review of the RFPs by the City, staff will recommend a consultant to enter into a contract with to the City Council. It is anticipated that a proposed contract will be brought to the City Council for consideration at their January 9, 2024 meeting. Section 6: Terms and Conditions Upon selection of a Consultant, a contract shall be entered into by the City and Consultant. It is expected that the contract will provide for compensation for actual hours expended on a not- to-exceed basis. In addition: 1. Deletions of specific components, such as individual project meetings, will be at the discretion of the City. Payment or reimbursement shall be made based on actual hours worked on the various tasks required for the project plus necessary subcontractor work City Council | Tuesday, November 21 | Page 103 of 104 (as applicable) and out of pocket expenses. Billing that exceeds the not to exceed will not be compensated unless a contract extension has been approved by the City Council. 2. If, for any reason, a firm is not able to commence the services in that firm’s proposal within 30 days of the award, the City reserves the right to contract with another qualified firm. 3. The City shall not be liable for any expenses incurred by the Consultant prior to the signing of a contract including, but not limited to, proposal preparation or final contract negotiations. 4. The proposal must be signed in ink by an official authorized to bind the consultant to its provisions. The proposal must include a statement as to the period during which the proposal remains valid. This period must be at least 90 days from the date of the proposal deadline. 5. The City shall retain ownership of all plans, maps, reports, models, and data prepared under this proposal. 6. The City reserves the right to reject any and all proposals or to request additional information from any or all consultants. Section 7: Attachments Consultants interested in submitting a proposal will be sent the following documents by requesting them from Meredith Lawrence, Parks and Recreation Manager: • Mendota Heights Parks Asset Management Plan • Mendota Heights Capital Improvement Plan • Mendota Heights Bike and Pedestrian Plan • Mendota Heights Parks and Recreation Strategic Plan • Mendota Heights Natural Resource Management Plan City Council | Tuesday, November 21 | Page 104 of 104