Loading...
2024-04-02 City Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL MEETING AGENDA April 2, 2024  7:00PM Mendota Heights City Hall, 1101 Victoria Curve, Mendota Heights 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE 4.APPROVAL OF THE AGENDA The Council, upon majority vote of its members, may make additions or deletions to the agenda. These items may be submitted after the agenda preparation deadline. 5.PUBLIC COMMENTS- for items not on the agenda Public comments provide an opportunity to address the City Council on items which are not on the meeting agenda. All are welcome to speak. Individuals should address their comments to the City Council as a whole, not individual members. Speakers are requested to come to the podium and must state their name and address. Comments are limited to three (3) minutes. No action will be taken; however, the Mayor and Council may ask clarifying questions as needed or request staff to follow up. 6.CONSENT AGENDA Items on the consent agenda are approved by one motion of the City Council. If a councilmember requests additional information or wants to make a comment on an item, the item will be removed from the consent agenda and considered separately. Items removed from consent agenda will be taken up as the next order of business. a.Approve Minutes from the March 19, 2024, City Council Meeting b.Approve Minutes from the March 19, 2024, City Council Work Session Meeting c.Acknowledge Minutes from the January 24, 2024, Airport Relations Commission Meeting d.Acknowledge Minutes from the February 13, 2024, Parks & Recreation Meeting e.Acknowledge Minutes from the February 28, 2024, Planning Commission Meeting f.Approve City Administrator’s Performance Evaluation Summary g.Approve Reclassification of the Parks and Recreation Manager Position to Assistant Public Works-Parks and Recreation Director Next Meeting April 16, 2024  7:00PM Information is available in alternative formats or with the use of auxiliary aids to individuals with disabilities upon request by calling city hall at 651-452-1850 or by emailing cityhall@mendotaheightsmn.gov Regular meetings of the City Council are cablecast on NDC4/Town Square Television Cable Channel 18/HD798 and online at TownSquare.TV/Webstreaming h.Authorize the Closure of City Hall on Friday, July 5, 2024 i.Approve Purchase of Greens Roller for Par 3 j.Approve a Professional Services Contract Amendment for Completion of the Zoning Code Update and a Professional Services Contract to Draft the Environment Title with Swanson Haskamp Consulting, LLC k.Authorize the Execution of a Joint Powers Agreement with the Lower Mississippi River Watershed Management Organization for the Interstate Valley Creek Streambank Stabilization and Volume Reduction Project l.Resolution 2024-11 Approve Plans and Authorize an Advertisement for Bids for the Bridgeview Shores Street Improvement Project m.Approve Wetland Delineation Report for 941 Wagon Wheel Trail n.Proclamation 2024-01 Proclaiming April 26, 2024 Arbor Day in Mendota Heights o.Approve Work Plan and Authorize Contract with Great River Greening for Restoration and Management at the Oheyawahe Preservation Site p.Approve Work Plan and Authorize Contract with Great River Greening for Restoration and Management within Valley and Rogers Lake Park q.Approve Claims List 7.PRESENTATIONS a.Just Deeds Presentation and Resolution 2024-12 Condemning the Use of Discriminatory Covenants, Discharging Discriminatory Covenants on City-OwnedProperty, and Approving Participation in the Just Deeds Coalition 8.PUBLIC HEARINGS 9.NEW AND UNFINISHED BUSINESS a.Surface Modifications and Void Analysis on the Marie Avenue Bridge b.Living Streets Policy 10.COMMUNITY/CITY ADMINISTRATOR ANNOUNCEMENTS 11.CITY COUNCIL COMMENTS 12.ADJOURN CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA DRAFT Minutes of the Regular Meeting Held Tuesday, March 19, 2024 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayo r 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 Mayo r Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Jo Miller, 988 Kay Avenue, stated that her backyard faces Victoria Road, 62, and 35E and referenced the MnDOT clearcutting that occurred the previous week. She stated that natural vegetation was cleared along the southbound ramp from 35E to 62W. She stated that the clearcutting eliminated the screening and buffer that vegetation provided, which leaves the residents with a visual eyesore of the traffic. She stated that the removal of the vegetation also poses a safety risk to drivers along Victoria as it appears you are driving into oncoming traffic. She asked the City to assist the residents in advocating to MnDOT to immediately plant new vegetation to provide a visual and noise barrier for that neighborhood and provide safety for drivers. She was also concerned that Mendota Heights is losing the battle of noise pollution from 35E and 62 and asked the Council to request a new highway noise abatement study. She stated that neighborhoods adjacent to those roads are accosted by highway noise pollution. She thanked the Council for their service to the community. Karin Jacobson, 1900 Victoria Road S, commented that there are 17 units in her association, four of which directly face 35E. She commented that the value and enjoyment of the properties have decreased for the residents in that area and there is an increased concern with the level of noise from traffic. She echoed the comments of the previous speaker. 6aPage 1 of 173 March 19, 2024 Mendota Heights City Council Page 2 of 9 Paul Rammer, 1951 Victoria Road S, commented that he is a 30-year resident of Mendota Heights and thanked the Mayor for her quick response to his email. He stated that in the past the residents have requested trees from MnDOT and residents volunteered to plant the trees. He believed that if that were to occur again, with MnDOT providing the trees and giving their approval, the residents would plant the trees and shrubs. He was concerned that MnDOT had not provided notification to the City that this would be done. Mayor Levine commented that when the clearcutting happened it was a surprise to City staff along with the residents and staff has been in contact with MnDOT. Public Works Director Ryan Ruzek replied that staff is awaiting a response from MnDOT and thanked the residents for their input. He stated that he will ask MnDOT to investigate the different options. Colleen Wood, 1972 Walsh Lane, commented that she was also impacted by the clearcutting and spoke with a representative at MnDOT today who stated that they did not have a plan to replace the vegetation at this time as the purpose of the clearcutting was to provide access to the fence. She stated that she is not satisfied with that response because it does create an eyesore. She stated that the MnDOT representative told her that 90 percent of the vegetation removed was buckthorn, which is inaccurate. Mayor Levine commented that staff will continue to work on this matter. CONSENT CALENDAR Mayo r 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 March 6, 2024 City Council Minutes b. Approval of February 20, 2024 City Council Work Session Minutes c.Approve Hire for Office Support Assistant d. Approve Out of Metro Travel – Police e.Resolution 2024-10 Authorize the Disposal of Unclaimed Police Department Property f.Approve January 2024 Treasurer’s Report g.Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 PRESENTATIONS A) PARKS AND RECREATION YEAR IN REVIEW Parks and Recreation Manager Meredith Lawrence presented the 2023 Year in Review video, which illustrates the City’s accomplishments in relation to Parks, Recreation and the Par 3, in addition to outlining the department’s plans for 2024. Page 2 of 173 March 19, 2024 Mendota Heights City Council Page 3 of 9 Mayor Levine acknowledged the members of the Parks and Recreation Commission that were present at the meeting. Councilor Lorberbaum commented on the great quality of the video. Parks and Recreation Manager Meredith Lawrence reviewed the different ways the video will be released to the public. Mayor Levine commented that it was a great reminder to see how much is done in one year. She also thanked Parks and Recreation Manager Meredith Lawrence and her staff for the great work they do. She noted the positive impact of the community events and encouraged residents to continue to attend upcoming events. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A)RESOLUTION 2024-09 APPROVING PLANS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE EMERSON AVENUE STREET IMPROVEMENTS Public Works Director Ryan Ruzek explained that the Council was being asked to approve Resolution 2024-09, approving the final plans and specifications and authorizing advertisement for bids for the Emerson Avenue Street Improvements. Councilor Paper asked if the posted speed on Emerson Avenue could be reduced from 30 mph to 25 mph. Public Works Director Ryan Ruzek replied that the City Council has the authority to change the posted speed on any City street. He stated that an engineering study would be required, however reducing the posted speed would not necessarily reduce the speed of traffic. He also doubted that there would be much in terms of enforcement. Councilor Paper referenced the proposed bid letting on April 10th and asked if that would allow for competitive bids as road restrictions are about to drop if they have not already been lifted. He asked if this schedule would be considered to be behind because of the time of year to seek bids. Public Works Director Ryan Ruzek replied that he has not yet reviewed the trade journals and was not aware if other cities have already begun to bid their projects. He stated that this is an attractive project and would expect competitive bids. Councilor Paper asked why a speed table or speed bump was not considered. Public Works Director Ryan Ruzek replied that the City does not have those in any other location. He stated that while that tool may reduce traffic speed, it would also increase the response time for emergency services. He stated that the Police Department was potentially going to purchase a temporary one that could be moved around as a trial. He was not aware of any other city in Dakota County that uses that tool. Page 3 of 173 March 19, 2024 Mendota Heights City Council Page 4 of 9 He was also unsure about liability that could exist if a vehicle is damaged. He stated that using that tool on this road would also open the door to requests from every neighborhood. Councilor Paper asked the estimated cost for something of that nature. Public Works Director Ryan Ruzek replied that the cost would perhaps be around $10,000. Councilor Paper commented that seems like a low cost to try that element in this project. Public Works Director Ryan Ruzek stated that would also cause issues with snowplowing, therefore location would be important as well. Councilor Miller referenced the potential purchase of a temporary speed bump and asked for more information. Police Chief Kelly McCarthy replied that the department purchased two movable speed bumps. She stated that the goal was to address things like pop up street racing. She noted that an Officer needs to be on the road shining a light on the temporary bump because of the liability and therefore it is not suitable for daily use. She agreed that if the door is opened for speed humps or tables, that would lead to requests from every neighborhood and would diminish emergency response times. She stated that people that live adjacent to the speed bumps also have an impact from the noise that is created. She stated that in the studies that she has reviewed the negatives outweigh the positives. Councilor Miller asked for more information on the final top course that would be proposed for spring of 2025. Public Works Director Ryan Ruzek replied the typical paving process is done with four inches of bituminous and done in two lifts. A 2.5” bituminous base course is put down the first year of the project and the next year a 1.5” bituminous base course is put down. He stated that the roadway will still be black, smooth and drivable after the first 2.5” bituminous base course is put down. Councilor Mazzitello commented that Ramsey County has opened four bids already and has received favorable bids. He believed that this project will fit within the bid window for favorable bidding, but would not want to delay the bid opening into May. He stated that the speed data shows how drivers are traveling the road because of the design and curves and the posted speed will not change that. He stated that there is a center line striping proposed to be added to Emerson and they could review data post construction to determine if that assisted in lowering the speed at which vehicles are traveling. He did not believe the City should begin lowering speeds on individual residential roads, using the example of a neighboring city to the north. He stated that he would never endorse the use of a speed table or speed bump in Mendota Heights because of the damage they cause to vehicles, the difficulty with plowing, the increase in noise they cause, and the increase of road rage. He stated that at a recent Coffee with Council there was a fantastic conversation about this project, with some of the residents present tonight. He stated that some residents may be upset that bump outs/crosswalks were not added to the project. He stated that at the Coffee with Council they discussed the minimum standard of repairing the pavement, but noted that does not mean they are done reviewing the possibility of pedestrian and safety improvements. He Page 4 of 173 March 19, 2024 Mendota Heights City Council Page 5 of 9 requested that the center line stripe proposed be extended all the way to Clement. He recognized that this is a unique corridor, and they can continue to look at options post construction. Public Works Director Ryan Ruzek stated that staff did not want striping all along Emerson as the striping sometimes has the impact of making drivers feel they can drive at faster speeds, which is why only a small section of striping is proposed. Councilor Mazzitello commented that he has noticed that vehicles do not follow where lanes typically would be, perhaps because of the pavement conditions or to avoid cracks and potholes. He agreed they could begin with the smaller section of striping. Councilor Lorberbaum acknowledged that they would like to calm traffic where they can. She asked if stop signs would be added along with the s-curve sign. Public Works Director Ryan Ruzek replied that the addition of a stop sign would not be warranted from a traffic management standpoint. He stated that any added stop signs would be political, or Council decision. He believed that adding a stop sign would make conditions more dangerous as pedestrians could feel safe crossing, thinking that a vehicle is going to stop, but it may not stop. He stated that it would also add to noise increases as people would be braking and accelerating excessively. He noted that additional alternatives were reviewed but were deemed to make the situation more unsafe and therefore did not carry forward. Mayor Levine acknowledged that there has been a lot of public input thus far through public hearings, open houses and other events along with emails and calls that have been received. She stated that she examined the speed data and found it more interesting that people speed more often when going up the hill, not down. She stated that there was also only data from one crash, which is good that there have not been a lot of crashes. She applauded staff for reviewing all the alternatives that could be considered. She hoped that the measures that have been added will assist in calming traffic as safety remains a top priority. Richard Holm, 1372 Knollwood Lane, stated that if people drive Highway 13 from 35E to Mendota the manhole covers are so recessed that they seem like potholes and hoped they could avoid that in this project. John Grosenick, 791 Emerson Avenue, thanked the Mayor for clarifying the speed data about the hill. He stated that he lives on one of the curves and witnesses the traffic daily. He stated that he has been in the auto insurance industry for 35 years and has never seen a vehicle damaged from properly going over a speed bump or table. He commented that the idea of what should be done or not be done to the street based on inattentive driving is puzzling as people have the duty to drive attentively. He stated that he agrees that a stop sign is not needed and did not believe it may create a false sense of safety. He stated that he would support a speed bump and does not care about the additional noise or other concerns. He stated that people go down the hill fast. He thanked the Council for the attention on this project and the extensive public input. Ann Steingraeber,1344 Knollwood Lane, commented that she has spoken to many of the Council members about her concerns with speeding on Emerson. She was heartened to hear about other creative ways to slow traffic on Emerson. She recognized that the bump outs have been controversial, but believed that other options could be pursued. She stated that she has young children, as do many people in the Page 5 of 173 March 19, 2024 Mendota Heights City Council Page 6 of 9 community, and children do need to cross the street to get to the park. She commented that Emerson is not safe for children and urged the Council to continue to consider ways to slow traffic. She stated that she was encouraged that the Council recognized that speeding is a huge issue on this corridor at the December meeting. She stated that the proposed plans do not prioritize pedestrian safety and traffic calming. Todd Johnson, 790 Emerson, supported the comments of the previous speakers that they should continue to look at creative measures to control speed. He noted that he has young children and keeps them from playing in the front yard because of the speed of vehicles. Councilor Mazzitello moved to approve RESOLUTION NO. 2024-09 APPROVING THE FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE EMERSON AVENUE STREET IMPROVEMENTS. Councilor Miller seconded the motion. Further discussion: Councilor Miller commented that he agrees with the comments of Councilor Mazzitello to continue to study this issue as they go along. He believed that they should continue to look at the impacts of the center stripe and determine whether that is effective. He stated that at this time he is relying on those that are experts in this area of traffic engineering and public safety. He stated that if this project does not calm the traffic, he would support continuing to investigate other options. Councilor Lorberbaum thanked the members of the public that have provided input throughout this process. She stated that the Council encourages public engagement and they have tried to address the issues. She acknowledged that they have spent more time on this project than most projects in the community and this is the solution for this time. She thanked everyone for their concern and respectfulness. Councilor Paper referenced the concept that would use bollards or slats. He noted that those were used on Dodd Road and asked the impact. Public Works Director Ryan Ruzek replied that he did not receive any comments and therefore would assume that it was positive as he typically only receives complaints. He stated that he did apply to MnDOT to install those again this summer as they were temporary as a trial, but has not yet received that permit. He stated that installation of that equipment is $4,000 beyond the original cost to purchase. He confirmed that those are installed in the spring and taken down in the fall. He acknowledged that the cost to install on Emerson would be lower as City staff could complete the installation, where a contractor is needed for Dodd Road. He stated that if they wanted to do a trial of that on Emerson, they could attempt to add that to the project cost. He stated that if that pilot were going to be done, he would suggest putting them on Knollwood as those crossings are offset. Councilor Paper stated that he would be interested in that type of pilot program. He recognized that a speed bump would not be a reasonable solution and perhaps this would be an option to consider. Mayor Levine asked for input from public safety. Page 6 of 173 March 19, 2024 Mendota Heights City Council Page 7 of 9 Police Chief Kelly McCarthy commented that it is important to remember that the placement of those bollards on Dodd Road is not for pedestrian safety but to have an immediate penalty for cars passing on the shoulder. She commented that those do not offer a safe refuge, but more of a penalty to vehicles and therefore did not believe the information from Dodd Road could translate to Emerson. She recognized that also did not provide a reason not to try it. Councilor Mazzitello stated that personally he would like to see the striping and bollards at one intersection and then the other one. He commented that the neighborhood is not comfortable with bump outs and therefore that has not been incorporated, but the bollards could show how the bump outs would work. Mayor Levine commented that the pilot would be a minimal amount of money when in comparison to the overall project and confirmed the consensus of the Council to pursue the concept of the pilot program with the temporary bollards. Ayes: 5 Nays: 0 B)RECREATION PROGRAM AND EVENT SPONSORSHIP POLICY Parks and Recreation Manager Meredith Lawrence provided a brief background on this item. The Council was being asked to consider the City of Mendota Heights Recreation Program and Event Sponsorship Policy. Councilor Paper commented that this is terrific and believed this to include fair and reasonable pricing. He asked if they would be doing outreach to businesses or whether this would be intended as an inbound program. Parks and Recreation Manager Meredith Lawrence commented that staff receives calls from people wanting to sponsor things. She commented that they also will continue to do the direct mailing to businesses that they do at certain times and will also publicize the program through multiple platforms. Councilor Paper asked if there is an opportunity for a sponsor to name an event. Parks and Recreation Manager Meredith Lawrence replied that the policy does not allow that, outside of the Cliff Timm Fishing Derby, as the Council was not interested in naming rights. She stated that if that direction from the Council changes, the policy could be amended to allow that. Councilor Lorberbaum commented on the thorough job that the Parks and Recreation Commission does in its review, noting that during that meeting it was said that a sponsor would not be able to have something with their name and logo at the event. She was concerned about that, using the example of the Trick or Teeing event. She commented that the sponsors should have an opportunity to have their names seen and have people talk with them. Parks and Recreation Manager Meredith Lawrence stated that the levels of sponsorship are outlined in the policy, noting that sponsor events and tables are allowed at Frozen Fun Fest. Page 7 of 173 March 19, 2024 Mendota Heights City Council Page 8 of 9 City Attorney Amy Schmidt commented that she would not have any concerns with logos and names being used as long as the other elements of the policy are complied to. Councilor Lorberbaum commented that perhaps at the event they would have a sign showing the sponsors, but that is not always what a business is looking for as they want their name and logo to be seen and therefore perhaps something creative could be done to provide recognition in return for the sponsorship. Parks and Recreation Manager Meredith Lawrence commented that they want to ensure that sponsors are recognized but also ensure that residents are not bombarded by marketing at City events. Councilor Lorberbaum referenced the pledge form and suggested that perhaps the year is specified to make things clearer. She asked what would happen if two businesses would like to sponsor the same event. Parks and Recreation Manager Meredith Lawrence commented that three platinum sponsors are allowed per year while the other levels would be unlimited. She stated that they would unveil the sponsorship opportunities on the first business day of each calendar year. She recognized that this is a starting point, and they would continue to review this after the first year to determine any changes that may be needed. She clarified that there is only a cap on the number of platinum events and therefore there could be multiple gold and silver sponsors for each event. She stated that if the Council wishes, they could increase the number of platinum sponsors, but noted that level provides a table space at Frozen Fun Fest and therefore they would want to consider that to ensure there are not 100 business tables at the event, as there was not enough room for 100 tables. Mayor Levine suggested opening the opportunity for tables at the Parks Celebration as well but noted that would be a decision of the Parks and Recreation Commission. She stated that the Commission and staff have done a fantastic job on this policy. Councilor Lorberbaum moved to approve the City of Mendota Heights Recreation Program and Event Sponsorship Policy. Councilor Miller seconded the motion. Further discussion: Mayor Levine thanked staff and the Commission for their work on this as it provides businesses with an opportunity to support events, and residents the opportunity to support those businesses. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Page 8 of 173 March 19, 2024 Mendota Heights City Council Page 9 of 9 Councilor Mazzitello congratulated the Metropolitan Airport Commission, the airport, and its staff for its third-year ranking as the best airport in the United States. He also encouraged residents to pay attention to the activity at the capital and the proposed bills, noting that there are proposals that would limit the ability of the City to govern itself. He recognized the recent Saint Patrick’s Day holiday and noted that today is the day recognizing the patron Saint of Italy. Councilor Miller commented that with the anticipated snow he asked residents to drive slower and work more cautiously through those conditions. He also asked that residents shovel around hydrants to ensure access by the Fire Department. Councilor Lorberbaum stated that she planned to mention the MnDOT clearing which was discussed during public comments. She commented that the clearing was planned by MnDOT and Public Works continues to work with MnDOT on the next steps and possible alternatives for mitigation. She stated that there was a Coffee with Council event this past week and it is always wonderful to have those discussions with residents on how to make the city better. She also recognized the airport for its ranking as the best airport, noting that first place was a tie. She commented that MSP has received that award seven of the past eight years. Councilor Paper thanked everyone that attended the meeting to provide input tonight. He reminded veterans in need of services to reach out to Beyond the Yellow Ribbon, noting that spring yard cleanup is an available service for veterans. Mayor Levine commented that in the worksession the Council discussed short-term rentals and will be ready to proceed with a formal policy. She encouraged residents to reach out to staff if they have thoughts to add on short-term and long-term rentals. She asked residents to pay attention to the work of the legislature as they look to take away the authority of cities related to local zoning. She thanked City Administrator Cheryl Jacobson for her work, noting that the Council appreciates her continued great work. ADJOURN Councilor Miller moved to adjourn. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 8:46 p.m. ____________________________________ Stephanie B. Levine Mayor ATTEST: _______________________________ Nancy Bauer City Clerk Page 9 of 173 Page 10 of 173 March 19, 2024, Mendota Heights Council Workshop Page -1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA DRAFT Minutes of the City Council Work Session Tuesday, March 19, 2024 CALL TO ORDER Mayor Levine called the work session to order at 5:00 p.m. Councilmembers Lorberbaum, Mazzitello, Miller (arrived at 5:55 pm) and Paper were also present. Other in attendance were: City Administrator Cheryl Jacobson, Assistant City Administrator Kelly Torkelson, Public Works Director Ryan Ruzek, Park and Recreation Manager Meredith Lawrence, Finance Director Kristen Schabacker, Community Development Manager Sarah Madden, City Attorney Amy Schmidt, and City Clerk Nancy Bauer, SHORT TERM RENTALS Community Development Manager Sarah Madden presented information on short-term rentals in Mendota Heights including the background and history of the current rental housing ordinance, that is not currently in use, along with discussion points for short-term rentals. She stated that there is currently a moratorium on short-term rentals to allow for future study of the topic. She was looking for direction on next steps in order to draft a short-term rental ordinance and/or license process. Regulating and endorsement of a short-term rental ordinance/license was discussed. Mayor Levine reported that Inspectron would be able to do inspections of rental properties to help enforce an ordinance. City Administrator Jacobson stated state statues are silent on short-term rental licenses and concentration of licenses. City Attorney Schmidt reported that there is a rental licensing bill being considered at the State legislature and that this bill focused on corporate ownership of single family housing for rental purposes. It was the consensus to draft an ordinance for short-term rentals with the conditions being: •the definition of a short-term rental would be 30 days or less •the number of occupants limited to two occupants per legal bedroom (with means of egress needed) •the home be homesteaded •rented with a five-night minimum stay •parking be provided on-site for four operable vehicles on a paved surface 6bPage 11 of 173 March 19, 2024, Mendota Heights Council Workshop Page -2 •owners follow the existing property maintenance code A draft ordinance would be brought to a future workshop with more research such as limiting the number of times a short-term rental could be rented. It was also the consensus to discuss at a later time long term rentals. MISSING MIDDLE HOUSING AND SIMILAR LEGISLATION City Administrator Jacobson reported on Minnesota legislation SF1370 and HF4009. The SF 1370 bill was a delete all bill and is now the omnibus land use and zoning bill. These bills exempt the city’s authority over land use and housing. A letter regarding the SF1370 bill was drafted for the Mayor to sign. The main House bill is HF4009 that is moving through committee and a draft letter would be modified to send to the House legislators. Staff has been working with Representative Clardy regarding the bill. Jacobson noted that a meeting was being held with other cities to discuss our opposition and concerns with the House bill. Representatives Kraft and Howard, the authors of the bill, were invited to the tomorrow’s meeting. The draft letter to Senator Carlson was shared and City Administrator Jacobson stated that the four main points of the letter are: •The 2023 Legislature invested $1 billion in housing. The Minnesota Housing Agency would deploy the investment. The Legislature should give the investment time to work. •The City’s Comprehensive Plan that has been used since the 1960’s -Mendota Heights has invested in multifamily housing over that time. •Discusses needed plans for additional infrastructure such as sewer, water, and roads •Keep the public input process open to the public Councilor Mazzittello suggested putting storm water and impervious services in the infrastructure portion of the letter. It was the consensus for the Mayor and Councilors to sign the letter(s). The rideshare ordinance being discussed by the city of Minneapolis was briefly brought up for discussion. CLOSED SESSION CITY ADMINSTRATOR PERFORAMNCE EVALUATION Page 12 of 173 March 19, 2024, Mendota Heights Council Workshop Page -3 A motion to close the meeting was made by Councilmember Paper, seconded by Councilmember Lorberbaum. Motion carried 5-0. The Mayor, Councilmembers, and City Administrator moved to the large conference room for a closed session. The closed session was pursuant to Minnesota Statutes, §13D.05, subd. 3(a) to conduct the City Administrator’s performance evaluation. Mayor Levine called the closed session to order at 6:35 pm. Those present for the closed session were Mayor Levine, Councilmembers Lorberbaum, Mazzitello, Miller, Paper, and City Administrator Jacobson. CALL BACK TO ORDER AND ADJOURNMENT A motion was made by made by Councilmember Mazzitello, and seconded by Councilmember Paper to adjourn the closed meeting and return to the regular City Council meeting. Motion carried 5-0. Mayor Levine adjourned the closed meeting at 6:56 pm. ATTEST: ___________________________________________ Stephanie B. Levine, Mayor _______________________________ Nancy Bauer, City Clerk Page 13 of 173 Page 14 of 173 Minutes of January 24, 2024 CITY OF MENDOTA HEIGHTS AIRPORT RELATIONS COMMISSION January 24, 2024  6:00 p.m. City Hall  1101 Victoria Curve A regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, January 24, 2024 at Mendota Heights City Hall, 1101 Victoria Curve. 1.CALL TO ORDERChair Norling called the meeting to order at 5:54pm. Commissioners present: Norling, Sharma, Dunn, Neuharth, Hamiel, and Bobbitt.Commissioners absent: Sloan. Staff present: City Administrator Jacobson and Office Support Assistant Robertson. 2.CONSENT AGENDAa.Approve Minutes from the November 15, 2023 Meeting b.Acknowledge Airport Operational Statistics Reports1.Complaint Information 2.Runway Use InformationCommissioner Neuharth noted that he looked at information related to 12L and 12R control charts, and determined there were no concerns.3.Noise Monitor Information 3.PUBLIC COMMENTS No one from the public wished to be heard. 4.BUSINESSa.FAA’s MSP RNAV Departure Procedure Development City Administrator Jacobson presented on RNAV Procedure Development. She sharedthe timeline of the process, with a goal of Summer 2025 new procedure implementation. She shared several data maps; i.e. 12L, 12R, 17 existing vs. proposed routes. She alsodiscussed data from the MAC Noise Analysis regarding the number of events and the time calculated above 65 decibels per day. The Federal Aviation Administration (FAA) has planned for some public comment andengagement, with specific details to come closer to Summer 2024. City Administrator Jacobson highlighted a letter that the FAA will share with affected residents and ways theyplan to engage with communities. She also shared the Noise Oversight Commission’s (NOC) recommendations to be made, and the ARC Commissioners shared their feedback.City Administrator Jacobson stated that the ARC could submit a comment letter with recommendations for City Council consideration during the FAA’s formal comment periodwhich will be at a future date. 6cPage 15 of 173 Minutes of January 24, 2024 5.INFORMATION AND CORRESPONDENCE N/A 6.ANNOUNCEMENTS AND COMMISSIONER COMMENTSN/A 7.ADJOURN Motion by Neuharth and second by Dunn to adjourn the meeting.Motion carried 6-0. Chair Norling adjourned the meeting at 7:20pm. Page 16 of 173 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING MINUTES FEBRUARY 13, 2024 The February meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, February 13, 2024, at Mendota Heights City Hall, 1101 Victoria Curve. 1. Call to Order – Parks and Recreation Manager Meredith Lawrence 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 Coordinator Willow Eisfeldt, and Public Works Director Ryan Ruzek. 3. Pledge of Allegiance The Pledge of Allegiance was recited. 4. Election of Chairperson and Vice-Chairperson Parks and Recreation Manager Meredith Lawrence stated that the Commission annually elects a Chairperson and Vice-Chairperson. She opened the floor for nominations for the position of Chair. Motion Schifsky/second Meyer, to elect Jaffrey Blanks as Chairperson for 2024. Chair Blanks accepted the nomination. There were no other nominations. AYES 6: NAYS 0 Ms. Lawrence opened the floor for nominations for the position of Vice-Chairperson. Motion Meyer/second Blanks, to elect Michelle Muller as Vice-Chairperson for 2024. Commissioner Muller accepted the nomination. There were no other nominations. AYES 6: NAYS 0 5. Approval of Agenda Commissioner Meyer suggested moving Item 9.d. to the top of New Business as there is a guest present for that item. Ms. Lawrence commented that Item 9.d. will then be moved to the top of New Business. 6dPage 17 of 173 Motion Meyer/second Blanks, to approve the agenda with the amendment to consider Item 9.d. as the first item under New Business. AYES 6: NAYS 0 6.a Approval of Minutes from January 16, 2024 Regular Meeting Motion Schifsky/second Toth to approve the minutes of the January 16, 2024 Parks and Recreation Commission Regular Meeting. AYES 6: NAYS 0 7. Citizen Comment Period (for items not on the agenda) None. 8.Acknowledgement of Reports Chair Blanks read the titles of the three updates (Par 3, Recreation, Park Improvement, Park System Master Plan, and Parks and Recreation Strategic Planning Updates) and polled the Commissioners for questions. 8.a Par 3 Update Parks and Recreation Manager Meredith Lawrence stated that staff is continuing preparation of the course to open should the warm conditions continue. She anticipated that the course would be open in mid-March. She reviewed the budget requests that were included in the 2024 budget and stated that with year-end financial information now known for the course, staff will discuss those projects with the City Council. She provided a brief overview of the financial report. 8.b Recreation Update Recreation Coordinator Willow Eisfeldt provided a review of her report, highlighting certain items that had to be canceled due to the warmer weather. She reported that the warming houses and outdoor rinks were open for six full days this season and thanked Public Works for their efforts. She provided a recap of the Frozen Fun Fest activities and also highlighted upcoming events and programing. She also provided information on Coffee, Cards, and Cribbage which is currently held at the Par 3 Clubhouse and has been extended through the spring. She noted that if participation continues at this level, they will look at alternate locations to continue the event. 8.c Parks Improvement Update Parks and Recreation Manager Meredith Lawrence provided an update on remaining 2023 projects to be completed still this year as well as anticipated timelines for the proposed 2024 projects. She also reviewed the current balance in the special park fund account and the need for continued discussions on future funding. 8.d Park System Master Plan Update Parks and Recreation Manager Meredith Lawrence stated that an update will be provided each month as this is a substantial project. She provided a brief overview of her written report and provided input on the public engagement that has begun. She asked that the Commission encourage residents to participate in the engagement opportunities. Chair Blanks asked that the Commission review the community engagement opportunities and choose dates that they will be able to attend. Commissioner Meyer provided details on the public engagement she participated in at the puzzle competition along with staff. Commissioner Toth provided details on the engagement activities he can attend. Page 18 of 173 8.e Parks and Recreation Strategic Planning Update Parks and Recreation Manager Meredith Lawrence reviewed the strategic planning update and highlighted the upcoming schedule of items. Commissioner Sherer asked for an update on pedestrian access for Delaware Avenue. Public Works Director Ryan Ruzek stated that there will be a construction project in 2024 in front of Two Rivers High School and provided details on that project. He anticipated that the Delaware Avenue, from Marie to Dodd, project would occur in 2026. He stated that in 2028 Dakota County will be doing a pedestrian trail study between Highways 62 and 494. 9.New Business 9.a “Fresh Air Fridays” Presentation Parks and Recreation Manager Meredith Lawrence introduced Kirsten Ramirez who will present her proposal for “Fresh Air Fridays”. Kirsten Ramirez stated that she has been a Mendota Heights resident since 2015 and provided background information on herself, her education and career experience. She stated that she is currently working on a master’s degree in public health and her project would address climate change through community involvement at the local level. She provided background information on climate change, temperate trends, and the Paris Agreement. She also explained how climate change can impact human health. She also provided examples of climate change impact locally in Mendota Heights. She presented her initiative proposal for “Fresh Air Fridays” which would be a promotional and educational program designed to encourage residents to choose to reduce their greenhouse gas emissions on Fridays by walking, biking, carpooling, teleworking, etc. She stated that she will also be presenting this information to the Natural Resources Commission the following night and hopefully to the City Council in March with an anticipated kick off the week of Earth Day, running through the warm months. She explained the different methods that could be utilized to promote the program. Commissioner Muller commented that it is great to see the benefits. Commissioner Sherer stated that if recommended for approval, perhaps there are ways the Commission could become involved. He stated that perhaps the trail system could be advertised along with public transportation opportunities. Commissioner Schifsky commented that the program sounds fantastic. Commissioner Toth asked how they would move forward in future years as well. He stated that perhaps there would be opportunity for more students to ride the bus rather than drive to school. He stated that perhaps the program could build into the future, using the example of narrowing down the number of trash trucks as well. Commissioner Meyer commented that she has been working as a project manager with Kirsten and therefore would abstain from the vote. Motion Schifsky/second Muller to recommend approval and implementation of the Fresh Air Fridays program. AYES 5: NAYS 0 (MEYER ABSTAINED) Page 19 of 173 9.b Approval of Commission Bylaws Parks and Recreation Manager Meredith Lawrence stated that each year the Commission reviews and approves its bylaws. She stated that there are two recommended changes to the bylaws, which were highlighted within the packet clarifying the attendance requirements and related to the monthly assigned park visits and reports. Chair Blanks noted that the attendance requirement would only apply to the regularly scheduled meetings and not any meetings that are added at a later date as special meetings. Commissioner Sherer clarified that with the language of 25 percent, the requirement would be that someone cannot miss more than three meetings, whether consecutive or not. Chair Blanks noted that someone could miss three meetings throughout the year, if they are not consecutive and still remain on the Commission, but could not miss additional meetings. Ms. Lawrence commented that this language is consistent with what was recommended and adopted by the City Council. Chair Blanks stated that the expectation would be that Commission members visit their assigned parks once per month in order to provide their update. Motion Sherer/second Meyer to approve the Commission bylaws with the two noted changes. AYES 6: NAYS 0 9.c Assign Commissioner Parks Parks and Recreation Manager Meredith Lawrence stated that each year the Commission assigns parks to its members in order to review conditions and usage and provide reports at each meeting. She reviewed the 2023 park assignments. She stated that staff ask that one Commission member is assigned to each park, which would equate to two parks per Commissioner. The parks were assigned as follows: Commissioner Meyer with Marie and Mendakota, Commissioner Schifsky with Ivy Hills and Wentworth, Chair Blanks with Valley and Market Square, Commissioner Muller with Friendly Hills and Kensington, Commissioner Toth with Rogers Lake and the Dog Park, Commissioner Sherer with Hagstrom King and Victoria Highlands, and Commissioner Hanson with Valley View Heights and Civic Center. Chair Blanks provided an overview of the duties for these parks in order to provide monthly updates. Ms. Lawrence commented that if there are immediate concerns witnessed, staff should be alerted at that time in order to address those situations. 9.d TRAA Request for Portable Mounds Parks and Recreation Manager Meredith Lawrence presented a request from TRAA for portable pitching mounds. She stated that the request from TRAA is for the City to purchase four portable mounds for use by the boys baseball program and for Mendakota Park ballfields to become a metal-cleat free facility. She provided more details on the description of a portable pitching mound and how it is used. She provided more specifics on the mounds requested, which have a cost of $1,899, noting that TRAA has worked to obtain a discount for a price of $1,350 each. She stated that Saint Thomas Academy has agreed to fund $900. She stated Page 20 of 173 that TRAA has applied for a grant to fund two mounds from the Metro Baseball League (MBL) and the grant was successful. She thanked TRAA for seeking out additional funding and noted that ultimately the City would be asked to contribute $1,800. She stated that $900 would be required for shipping but TRAA has agreed to pick up the mounds and deliver them to the City to save on that cost. She provided background information noting that the City does not have a use for pitching mounds and therefore TRAA has owned and maintained the portable pitching mounds in the past. She stated that staff does have concerns with banning metal cleats at the Mendakota Park complex as there are other users that do not use the portable mounds and use metal cleats. She provided comparison information from other communities noting that most associations pay and maintain the portable mounds and allow metal cleats. She stated that if the mounds are purchased by the City, they would become City property. She reviewed some additional considerations noting that the lifespan would be about five years and TRAA has stated that it would seek funding from the City when the mounds ultimately need to be replaced. She stated that while the initial expense could come from the special parks fund (SPF), future replacement would not be eligible through that source of funding. She stated that because the mounds would be City property, anyone would have access to the mounds, clarifying that no group would receive exclusive use and the mounds could not be moved offsite. She stated that TRAA currently owns eight mounds, and it could be an expectation that the City would continue to see this request as those mounds need replacement, should this be approved. She stated that if TRAA wants to work with their players and opposing teams, they could communicate that when playing at Mendakota they will be metal cleat-free. She stated that the City would not mandate that or require that for other user groups. She stated that if approved, this would become a no-strings-attached item, explaining that a donation to the City would not result in the exclusive use of the donated accessory or guarantee access to the fields/facilities where the donated accessories are housed. She stated that Saint Thomas attempted to condition their donation upon receipt of requested field use and staff explained that would not be appropriate and the City would continue to follow its field and facility use policy. Chair Blanks asked if the metal cleat free request is related to the portable mounds, or the field complex itself. Adam Crepeau, 1016 Douglas Rd, of TRAA, stated that the intent behind the metal cleat-free policy request would be in attempt to preserve the portable mounds. He stated that the only user group that would potentially use metal cleats would be the 13U group and they could communicate that message directly to those teams and for those tournaments. He provided more information on those served by the TRAA noting that the organization is run by volunteers. He reviewed the different sports and participation numbers. He stated that while the City provides many programing offerings, TRAA provides the opportunities for youth sports. He stated that the eight existing mounds are moved to various locations for use and were purchased by the Association. He stated that the mounds proposed are higher quality and will make Mendakota more attractive for tournaments as well as enhancing the in-house games. He stated that Saint Thomas is a partner for TRAA as many boys from the baseball program transition to playing for the school. He stated that TRAA attempts to keep registration costs low for its users. He noted that many of the communities used for comparison are supported through charitable gambling and/or corporate sponsorships. Page 21 of 173 Commissioner Toth asked if the City currently provides a contribution to TRAA on an annual basis. Ms. Lawrence replied that 2016 or 2017 was the last year the City made a contribution to TRAA. She stated that the City can no longer make financial donations to 501c3 organizations. Commissioner Toth reiterated that the City did make a contribution to TRAA in the past, noting that he was not aware of that. He asked what TRAA has done to try to raise the additional $1,800 for the mounds. Mr. Crepeau stated that they fundraise through the hosted tournaments which contribute toward the program costs. Commissioner Meyer commented that tournament money is contributed towards the costs of the program and in order to keep user fees lower. Mr. Crepeau confirmed that and noted that TRAA was also awarded a grant of $1,700 from Gopher State. He provided information on jersey sponsorships that the organization has received which also helps to lessen registration costs. Commissioner Schifsky asked if TRAA has looked at other funding sources, noting a local nonprofit—and asked staff for more information. Ms. Lawrence noted that the Mendota Heights Foundation does have funding available to local groups. Mr. Crepeau commented that they permit the Mendakota concession stand as well. He stated that this is not a business, and they are not in the interest of raising money as their interest is to provide the experience to children and their families. He stated that the function of the organization is to provide programing to families. He stated that the volunteers that assist and run the organization are just that and still have their regular jobs as well, similar to the members of the Commission. He noted that any additional costs would be absorbed by families. Commissioner Muller noted two events which were held and contributed towards softball which resulted in the cost of softball registration being lowered by $75 per player. She stated that the organization could start small with those types of events to raise funds. She also did not want to assume that additional funding requests would continue to come based off this request. She stated that there are special parks funds that could be used for this request as the parks should have these types of amenities for baseball users. She stated that perhaps in five years the association could hold different events to pay for future equipment expenditures and therefore this would be a one-time ask. Ms. Lawrence commented that her statement in her presentation was based off a conversation that she had with Mr. Crepeau where he stated that he would foresee additional requests in the future if this were approved. She stated that the Foundation could be a great option as well to consider. Mr. Crepeau commented that his response was that the mounds would eventually need to be replaced and not specifically that the City would be responsible for future requests. Page 22 of 173 Chair Blanks commented that he is impressed with the work that TRAA did to receive a discounted quote and solicit additional funding from other sources which lowered the ask to $1,800. He noted that is a minimal ask. Commissioner Meyer asked if the mounds are available to teams reserving the fields in advance and perhaps the request could be made at that time to not use metal cleats. Ms. Lawrence provided details on where the mounds are stored and noted that the user groups place the mounds and therefore, they are not permitted, and they are just available for use. Commissioner Schifsky asked how often other users request mounds. Ms. Lawrence replied that the only other user group that requests the mounds is Saint Thomas Academy. Commissioner Muller asked the percentage of use that TRAA has at Mendakota. Mr. Crepeau estimated that the association uses 90 percent of the field time there. Commissioner Muller asked if Mr. Crepeau would be comfortable managing the request for their users to not use metal cleats rather than making that a facility policy. Mr. Crepeau commented that he believed that TRAA could manage that and prohibit the use of metal cleats for tournaments when registration occurs. Commissioner Schifsky stated that although she would love to support youth of all ages, she also feels that they have done a lot with the fields recently. She also had concern that there would be a future ask for replacement. She recalled a scoreboard that was needed for the swim team and those kids went door to door to raise those funds. Commissioner Toth commented that TRAA is coming to the City with a request without taking ownership themselves. He stated that he would prefer to see a contribution from TRAA as well, perhaps contributing $800 or $900 themselves. He asked what would happen if a mound were to disappear over the summer. Mr. Crepeau commented that in the eight years he has been involved in the program, they have not had a mound disappear and their mounds are stored in a similar manner at other park locations. He stated that TRAA would be contributing the grant they pursued and received from MBL. Commissioner Meyer commented that TRAA would also be picking up the mounds in order to save on the $900 shipping cost. Commissioner Muller commented that she does have two baseball players and a softball player and appreciates that the funds raised are used to lower the registration costs for families. She stated that is a benefit to the families in the community in keeping those costs lower as that allows more families to play. Commissioner Meyer recognized that many members of the Commission coach or have coached in the past. She also recognized the contributions that Mr. Crepeau makes towards the baseball program. She stated that TRAA is run by community volunteers, and this is a small Page 23 of 173 ask of the City at this time. She recognized that going forward TRAA and its families could begin to plan for additional fundraising opportunities. She stated that this is a minor ask of the City. She stated that this would be an amenity, not just for the games, but that could also be used by families going out to practice. She appreciated that TRAA made the ask to Saint Thomas and took the time to right the grant request to MBL as well. Chair Blanks recognized the efforts and commented that it is appreciated that the cost was reduced from $6,300 to $1,800. Commissioner Toth referenced the past when contribution was provided to MHAA, now TRAA. He stated that this was a thorough presentation tonight and he appreciates that effort and information. He stated that regardless of his vote today, he appreciates the working relationship between the City and TRAA and the service that TRAA provides to families. He again noted that he was not aware that the City no longer contributes to TRAA. Commissioner Sherer commented that when he started on the Commission, he was able to learn a lot about the history of the association. He recognized that most members of the Commission have children that have at one time, or another participated in sports through TRAA/MHAA and have or continue to volunteer. He noted the previous policy where MHAA/TRAA was not charged for field use, which changed in order to create equity between user groups, which added another expense for the organization in addition to the loss in the City contribution. Commissioner Muller noted that the Council did decline the opportunity for TRAA to sell sponsorship space on the baseball fields, which would have been another opportunity to raise funds. Motion Blanks/second Meyer to recommend approval of the request of $1,800 from TRAA for the purchase of portable pitching mounds and not to develop a no metal cleats policy. AYES 5: NAYS 1 (SCHIFSKY OPPOSED) 10.Unfinished Business 11.Staff Announcements Parks and Recreation Manager Meredith Lawrence shared the following announcements: •Zoning Code Update open house Thursday from 5:30 to 7:30 p.m. •Summer program registration opens February 27th at 9:00 a.m. •Park System Master Plan engagement has begun, and residents should take the survey online or visit City Hall for a paper copy of the survey •Summer jobs have been posted •Frozen Fun Fest was a great event this past weekend and recognized the efforts of staff to plan and run these events •Other events can be found on the City’s website 12. Student Representative Update Student Representative Murphy commented that it was great to see residents participating in Frozen Fun Fest. She stated that she is excited for the opening of the Par 3 and success of Page 24 of 173 Coffee, Cards and Cribbage. She stated that she will begin walking to school on Fridays and will encourage others to do so as well to participate in Fresh Air Friday’s. 13. Commission Comments and Park Updates Commissioner Sherer •Hagstrom King continues to have kids playing basketball throughout the winter •The new turf looks great at Civic Center Commissioner Toth •Thanked Chair Blanks for his continued leadership along with Vice Chair Muller Commissioner Muller •Rogers Lake and Kensington parks are looking great, and a lot of people have been out on the trails and in the parks Chair Blanks •His kids like to see the frozen appearance of the creek at Valley Park •He echoed the comment of the positive benefit that has been provided by the adjustable basketball hoops •The businesses appreciate the shift in holding events at Market Square Commissioner Schifsky •Ivy Hills was quiet today when she visited •It was impressive to hear the number of people that used Wentworth for skating during the short season Commissioner Meyer •Marie Park continues to be busy with people awaiting the pickleball nets •Thanks to staff for Frozen Fun Fest and the changes that were made to accommodate the warmer weather •Thanks to Public Works for potential plowing that may be necessary later this week 14. Adjourn Motion Meyer/Second Toth to adjourn the meeting at 8:31 PM AYES 6: NAYS 0 Minutes drafted by: Amanda Staple TimeSaver Off Site Secretarial, Inc. Page 25 of 173 Page 26 of 173 February 28, 2024 Mendota Heights Planning Commission Meeting Page 1 of 4 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES FEBRUARY 28, 2024 The regular meeting of the Mendota Heights Planning Commission was held on Wednesday, February 28, 2024 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Commissioners Patrick Corbett, Cindy Johnson, Jason Stone, and Andrew Katz. Those absent: Commissioners Brian Petschel and Brian Udell. Approval of Agenda The agenda was approved as submitted. Election of Planning Commission Chair and Vice Chair Chair Field opened the floor for nominations for the Chair position. COMMISSIONER STONE MOVED, SECONDED BY COMMISSIONER KATZ TO ELECT LITTON FIELD AS PLANNING COMMISSION CHAIR. AYES: 5 NAYS: 0 Chair Field opened the floor for nominations for the Vice Chair position. Commissioner Corbett commented that he would be willing to continue to serve in that position unless someone else was interested. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER JOHNSON TO ELECT PATRICK CORBETT AS PLANNING COMMISSION VICE CHAIR. AYES: 5 NAYS: 0 Approval of January 30, 2024 Minutes COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER CORBETT TO APPROVE THE MINUTES OF JANUARY 30, 2024. AYES: 5 NAYS: 0 6ePage 27 of 173 February 28, 2024 Mendota Heights Planning Commission Meeting Page 2 of 4 Hearings A)PLANNING CASE 2024-02 SD CUSTOM HOMES/SEAN DOYLE, 941 WAGON WHEEL – WETLANDS PERMIT Community Development Manager Sarah Madden explained that the applicants are seeking a Wetlands Permit to allow the permitting and construction of a new single-family dwelling adjacent to Upper (North) Rogers Lake. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Community Development Manager Sarah Madden provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Commissioner Johnson referenced the proposed landscaping, noting that she could see the foundational plantings on the architectural elevation but did not notice a landscaping plan in the packet. Community Development Manager Sarah Madden replied that there is not a perimeter planting plan associated with construction of the home. She stated that there is a plan showing the seeding, grass, and trees. Commissioner Stone asked what is required for a landscaping plan. Community Development Manager Sarah Madden replied that for a residential and/or wetland district there is no specific requirement of the number of trees and/or plants, therefore there is nothing that can be referenced for minimal installation. Commissioner Johnson referenced language within the ordinance and wetlands permit where a landscaping plan is referenced. She noted that while that language is vague, it is still a requirement. Commissioner Katz commented that there is a sheet within the packet that states landscape plan. Community Development Manager Sarah Madden confirmed that does show the seeding and this would be sufficient for processing the wetlands permit. Chair Field opened the public hearing. Sean Doyle, applicant, commented that the trees are largely diseased, which contributes to the larger number of trees proposed for removal. Page 28 of 173 February 28, 2024 Mendota Heights Planning Commission Meeting Page 3 of 4 Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER STONE, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER CORBETT, TO RECOMMEND APPROVAL OF THE WETLANDS PERMIT TO SD CUSTOM HOMES/SEAN DOYLE AND FOR THE PROPERTY LOCATED AT 941 WAGON WHEEL TRAIL, WHICH WOULD ALLOW THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENTIAL DWELLING, BASED ON THE FINDINGS-OF-FACT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1.THE APPLICANT/DEVELOPER MUST PROVIDE A NEW AND/OR REVISED LICENSE AGREEMENT WITH THE CITY TO APPROVE ANY ACCESS FROM THE UNDEVELOPED SECTION OF ROGERS AVENUE RIGHT-OF-WAY. 2.THE APPLICANT/DEVELOPER MUST PROVIDE THE CITY A REVISED (OR NEW) SHARED DRIVEWAY EASEMENT AGREEMENT SIGNED BY ALL OWNERS (OF RECORD) OF THE ADJACENT RESIDENTIAL PROPERITES UTILIZING ROGERS AVENUE RIGHT-OF-WAY FOR PRIVATE DRIVEWAYS AND ACCESS. 3.ANY NEW OR EXISTING SANITARY OR WATER SERVICE LINES SHALL BE REVIEWED BY THE PUBLIC WORKS DIRECTOR AND/OR ST. PAUL REGIONAL WATER SERVICES PRIOR TO THE ISSUANCCE OF ANY BUILDING PERMIT. 4.THE NEW DWELLING AND ANY RELATED CONSTRUCTION WORK SHALL COMPLY WITH ALL OTHER AND APPLICABLE STANDARDS AND CONDITIONS UNDER TITLE 12, CHAPTER 2, WETLANDS SYSTEMS OF CITY CODE. 5.THE APPLICANT/DEVELOPER MUST PROVIDE A BEST MANAGEMENT PRACTICES (STORMWATER MANAGEMENT) AGREEMENT TO THE CITY AS PART OF THE BUILDING PERMIT SUBMITTAL AND REVIEW PROCESS. 6.ALL DISTURBED AREAS ADJACENT TO THE ROGERS LAKE EDGE SHALL BE PLANTED OR SEEDED WITH MnDOT SEED MIX LIST #33-261, OR A CITY STAFF APPROVED SIMILAR PRODUCT. 7.NO ADDITIONAL GRADING OR LAND DISTURBANCE SHALL OCCUR WITHIN THIRTY -SEVEN POINT FIVE FEET (37.5’) FROM THE EDGE OF THE ADJACENT WATER BODY, EXCEPT FOR THE REMOVAL OF DISEASED TREES, INSTALLATION OF EROSION CONTROL MEASURES (IF NEEDED) OR FOR THE PLANTINGS OF ANY NEW SEED MIXTURES OR LANDSCAPING MATERIALS, AND ONLY WITH CITY APPROVALS. 8.FULL EROSION/SEDIMENTATION MEASURES SHALL BE INSTALLED PRIOR TO COMMENCEMENT OR WORK AND MAINTAINED THROUGHOUT THE DURATION OF THE CONSTRUCTION PROJECT. EROSION BARRIERS SHALL BE PLACED AND MAINTAINED ALONG THE OUTER EDGES OF THE NEW Page 29 of 173 February 28, 2024 Mendota Heights Planning Commission Meeting Page 4 of 4 HOME PROJECT WORK AREA AND REMAIN IN PLACE UNTIL ALL DISTURBED AREAS HAVE BEEN RESTORED. 9.ANY GRADING AND/OR CONSTRUCTION ACTIVITY RELATED TO THE DEVELOPMENT OF THIS LOT SHALL COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS AND CODES, AS WELL AS IN COMPLIANCE WITH THE CITY’S LAND DISTURBANCE GUIDANCE DOCUMENT. 10.BEST EFFORTS WILL BE MADE BY THE CONTRACTOR(S) TO “COME CLEAN, LEAVE CLEAN” DURING THE COURSE OF CONSTRUCTION ON THE SUBJECT PROPERTY, AND ENSURE NEW GROUND MULCH OR PLANT MATERIALS ARE FREE OF ANY INVASIVE SPECIES. 11.PRIOR TO THE RELEASE OF ANY ESCROW PAYMENT OR ISSUANCE OF ANY CERTIFICATE OF OCCUPANCY (C/O) ON THE NEW DWELLING, ALL DISTURBED AREAS MUST BE SHOWN OR DEMONSTRATED THAT THE NEW VEGETATIVE BUFFER SEED MIXTURE WAS SUCCESSFULLY PLANTED, AND PLANT GROWTH HAS BEEN ESTABLISHED, TAKING PLACE, OR IS HOLDING. 12.A BUILDING PERMIT MUST BE APPROVED PRIOR TO THE COMMENCEMENT OR ANY CONSTRUCTION WORK ON THE NEW RESIDENTIAL DWELLING. CONSTRUCTION WORK SHALL OCCUR ONLY BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. WEEKDAYS; AND 9:00 A.M. TO 5:00 P.M. ON WEEKENDS. AYES: 5 NAYS: 0 Chair Field advised the City Council would consider this application at its March 6, 2024 meeting. New/Unfinished Business Chair Field noted that the April meeting falls on the second night of Passover and a suggestion was made to change the date of that meeting to accommodate the Passover holiday. It was the consensus of the Commission to hold its April meeting on April 30th. Community Development Manager Sarah Madden provided an update on recent City Council actions on planning cases as well as other development and planning related items. Adjournment COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER STONE, TO ADJOURN THE MEETING AT 7:33 P.M. AYES: 5 NAYS: 0 Page 30 of 173 _________________________________________________ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: April 2, 2024 AGENDA ITEM: City Administrator Performance Evaluation Summary ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Administration CONTACT: Cheryl Jacobson, City Administrator ACTION REQUEST: Approve the summary of conclusions of the City Administrator’s performance evaluation. BACKGROUND: In accordance with the terms of the employment agreement with City Administrator Cheryl Jacobson, the City Council conducted a performance evaluation during a closed meeting held on March 19, 2024. Summary Conclusions: The city council evaluated the City Administrator in the following areas and found that the City Administrator: 1) exceeds performance standards in the completion of essential job functions; 2) greatly exceeds or exceeds performance standards in management core competencies including strategic agility, community vision and purpose, analytical thinking and planning, decision making and impact on results; 3) greatly exceeds or exceeds performance standards in interpersonal core competencies including communication, handling conflict and difficult situations, organizational expertise, working with others and community; and 4) greatly exceeds or exceeds performance standards in the overall performance of the city administrator position. FISCAL AND RESOURCE IMPACT: The city administrator is a budgeted position. The position is included in the city’s compensation plan and pay matrix. ATTACHMENTS: None CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship☒Premier Public Services & Infrastructure ☒Inclusive & Responsive Government 6fPage 31 of 173 Page 32 of 173 _________________________________________________ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: April 2, 2024 AGENDA ITEM: Reclassification of the Parks and Recreation Manager to Assistant Public Works – Parks and Recreation Director ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Administration and Public Works CONTACT: Cheryl Jacobson, City AdministratorRyan Ruzek, Public Works Director ACTION REQUEST: Approve the reclassification of the Parks and Recreation Manager position to Assistant Public Works- Parks and Recreation Director. BACKGROUND: The City’s compensation system strives to establish and maintain an internally equitable and externally competitive pay structure that effectively attracts, retains, and motivates employees. As part of the city’s system, positions within the city are evaluated and placed in corresponding pay grades based on areas including a position’s level of work, training, experience and education needed, human relations skills, and positional authority within the organization. Reclassification of a position can occur when there has been a significant increase in a position’s scope, impact, complexity, and responsibilities. Seeing a need for additional program support, the Parks and Recreation Manager position was added to the organizational structure in 2022. Along with a number of project, policy and program responsibilities, the Manager supervises and directs the work of the Recreation Program Coordinator, and other seasonal staff. Also in 2022, the Recreation Program Coordinator position description was revised to focus on the planning and implementation of recreation programs, activities, and events. At that same time, the Parks and Recreation Department became part of the Public Works Department in order to provide additional management capacity within the department. The city is fortunate to have Meredith Lawrence as the city’s Parks and Recreation Manager and Willow Eisfeldt as the city’s Recreation Program Coordinator. A department and position review was conducted, and a reclassification of the Parks and Recreation Manager to Assistant Public Works-Parks and Recreation Director is recommended. The reclassification does not add any new positions to the organization, but rather realigns existing positions to better 6gPage 33 of 173 support the department’s work, residents’ expectations and to address the City Council’s strategic priorities. The review is another piece of the city’s efforts retain talented employees and institutional knowledge, and to be competitive in an extremely tight labor market where numerous Parks and Recreation Director positions have been posted already this year. The new position description acknowledges the expanded scope of the Parks and Recreation Manager position, with updated essential functions, a new title and job evaluation for placement within the city’s compensation system. Since this is a reclassification of an existing position, the incumbent Meredith Lawrence is included in the reclassification and would become the Assistant Public Works-Parks and Recreation Director. FISCAL AND RESOURCE IMPACT: There is no change in the number of budget authorized positions supporting the city’s Parks and Recreation functions. Staff has reviewed the Assistant Public Works-Park and Recreation Director position description and using the city’s job evaluation system has classified it at pay grade 16 on the City’s compensation plan (pay scale). The position’s full range is $112,192 to $137,912. As the incumbent, Meredith Lawrence would be placed at step 2 of the assigned pay grade, effective retro-active to April 1, 2024. ATTACHMENTS: Assistant Public Works-Parks and Recreation Director position description Public Works organizational chart CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☒Inclusive & Responsive Government Page 34 of 173 Revised: 04/2024 CITY OF MENDOTA HEIGHTS Assistant Public Works-Parks and Recreation Director Department: Public Works FLSA Status: Exempt Reports To: Public Works Director General Definition of Work Performs difficult professional work directing activities and operations of the parks and recreation department including leading and managing planning initiatives, developing goals and objectives, overseeing the development and implementation of capital improvement projects and budgets. The position is responsible for overseeing park and golf course facility management including directing Par 3 golf course operations. The position will assist city leadership with community engagement and public outreach activities. The Assistant Public Works-Parks and Recreation Director reports to the Public Works Director and assists with the administration and carryout Public Works department operations including assuming the management responsibility for all Public Works activities and operations in the absence of the Public Works Director. Qualification Requirements To perform this job successfully, an individual must be able to perform each essential function satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Essential Functions 1.Direct city activities involving parks, trails, recreation, open space and golf course infrastructure and programs •Lead and manage comprehensive planning initiatives (e.g. master planning and strategic plans); develop and implement long and short-term goals and objectives. Lead and conduct studies, research, surveys and analysis. •Develop recommendations, work plans, park projects, workflows, policies and procedures that promote the goals of the city and department. •Oversee the development and implementation of capital improvement projects; identify and prioritize projects, estimate costs, and identify funding. Develop specifications and requests for proposals. Manage projects and administer contracts for all phases of park project planning, design and construction. •Prepare and administer infrastructure and program budgets; ensure compliance with City policies and procedures related to purchasing and cash management; research grant opportunities, write grant requests, and manage grant implementation and evaluation. 2.Oversee Park and Golf Course Facility Management •Direct operations and rental of park facilities and Par 3 golf course; develop and administer policies and procedures pertaining to parks, facility and field usage; oversee the daily scheduling of the golf course and city fields and facilities; monitor course and field conditions for playability and respond accordingly to conditions. •Coordinate with city park maintenance staff to proactively resolve issues and to promote efficient operations at city parks, park facilities and Par 3 golf course. •Implement and manage golf course POS system; maintain up-to-date daily/monthly sales statistics. •Advise staff on problems related to the maintenance and operations of park facility infrastructure and related systems and the interpretation and related enforcement of rules and regulations. 3.Supervise Department Staff (Recreation Program Coordinator, Administrative Coordinator/Deputy City Clerk, seasonal and contracted personnel) •Select, train, motivate, and evaluate personnel; establish and monitor employee performance objectives. •Proactively resolve conflicts and misunderstandings in order to ensure a respectful and inclusive workplace. •Establish employee work schedules. Page 35 of 173 Revised: 04/2024 4.Assist with the administration and carryout of Public Works department operations •Assume management responsibility for all Public Works activities and operations in the absence of the Public Works Director. •Assist in the development and achievement of department goals and objectives; assist in developing and implementing departmental rules and policies. •Assist in developing department budgets, city-wide capital improvement plans and asset management plans. •Coordinate with Dakota County on city solid waste abatement efforts. •Prepare and deliver presentations, draft proposals, reports and agenda packet documents to a wide variety of stakeholders, including neighborhoods and City Council. •Represent the Public Works Director and City to outside agencies and organizations; act as advisory commission liaison. 5.Assist city leadership with community engagement and public outreach activities •Identify and plan for ways to increase outreach and collaboration with residents and external stakeholders. •Recommend and assist in carrying out strategies to educate and inform the public and others about goals, policies and programs. 6.Support other city department functions, perform general administrative activities and complete other duties as assigned. Knowledge, Skills and Abilities 1.Ability to identify implications and adverse equity impacts when developing or reviewing policies, projects, activities and interactions with stakeholders. 2.Skilled at working cooperatively with others; develops and maintains respectful and effective working relationships with diverse coworkers and community members; consistently brings a high level of self-awareness and empathy to all personal interactions. 3.Ability to work effectively under pressure and to competently handle a number of different tasks in a single period of time. 4.Considerable ability to develop and maintain effective working relationships with City officials, advisory groups, the community, county, schools, staff and the public including presenting to and facilitating public meetings and responding to questions and feedback from the public. 5.Ability to supervise, train and motivate personnel and to solve disciplinary problems. 6.Ability to evaluate community needs for recreational and leisure activities. 7.Provide information and respond to questions and feedback from the public. 8.Ability to adhere to approved program standards and objectives and to innovate, when necessary, to meet specific situations. 9.Working knowledge of personal computers and software including CivicRec, MS Window and MS Office applications. 10.Thorough knowledge of recreation program principles and practices; thorough knowledge of the equipment and techniques necessary to successfully conduct recreation programs; thorough knowledge of the methods involved in organizing, conducting, promoting and supervising recreation activities. Page 36 of 173 Revised: 04/2024 Education and Experience Bachelor’s degree in Park and Recreation Administration, Public Administration, Business Administration or related field and considerable experience in municipal government and/or municipal recreation including recreation programming, project management, budgets and facilities, and supervising part time seasonal staff Desired Qualifications Masters of Public Administration, Parks and Recreation Management, or Business Administration or related field. Golf Course management and maintenance experience. Special Requirements •Valid Driver's license - State of Minnesota •First Aid/AED/CPR Certified - Red Cross or similar agency •Certified Parks and Recreation Professional (CPRP) - National Recreation and Parks Association- within 1 year Physical Requirements: This work requires the occasional exertion of up to 35 pounds of force; work regularly requires speaking or hearing and using hands to finger, handle or feel, frequently requires sitting and occasionally requires standing, walking, reaching with hands and arms, lifting and repetitive motions; no special vision is required; vocal communication is required for expressing or exchanging ideas by means of the spoken word and conveying detailed or important instructions to others accurately, loudly or quickly; hearing is required to perceive information at normal spoken word levels and to receive detailed information through oral communications and/or to make fine distinctions in sound; work requires preparing and analyzing written or computer data, visual inspection involving small defects and/or small parts, use of measuring devices, operating machines, operating motor vehicles or equipment and observing general surroundings and activities. Environmental Conditions This work regularly requires exposure to outdoor weather conditions; work is generally in a moderately noisy location (e.g. business office, light traffic). Page 37 of 173 Public Works/Engineering Organization (Rev. 04/01/2024)City Administrator(1.0 FTE)Public Works Director(1.0 FTE)Community Development Manager(1.0 FTE)Building Official(Contract)Fire Marshall(.5 FTE)Assistant City Engineer(1.0 FTE)Senior Engineering Technician(1.0 FTE)PW Superintendent(1.0 FTE)Mechanic (1.0 FTE)PW Maintenance Leads(3.0 FTEs)PW Seasonal StaffPW Maintenance Workers(6.0 FTEs)Facilities Manager(1.0 FTE)Assistant Public Works -Parks and Recreation Director(1.0 FTE)Administrative Coordinator-Deputy City Clerk (1.0FTE)Recreation Program Coordinator(1.0 FTE)Recreation Seasonal StaffRecycling Coordinator(Contract)Par 3 Seasonal StaffNatural Resources Coordinator(1.0 FTE)Page 38 of 173 _________________________________________________ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: April 2, 2024 AGENDA ITEM: Closing of City Hall on Friday, July 5, 2024 ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Administration CONTACT: Cheryl Jacobson, City Administrator ACTION REQUEST: Authorize the closure of City Hall on Friday, July 5, 2024. BACKGROUND: This year the July Fourth holiday falls on a Thursday, prompting many staff to request time off on Friday, July 5. Due to the challenge of staffing city hall for the four hours on Friday, staff are requesting that the city council close city hall on Friday, July 5. The designation will not change the allocation of holidays for staff, staff may work on July 5, but city hall would be closed to the public for that day. FISCAL AND RESOURCE IMPACT: None ATTACHMENTS: None CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship ☐Premier Public Services & Infrastructure ☒Inclusive & Responsive Government 6hPage 39 of 173 Page 40 of 173 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: April 2, 2024 AGENDA ITEM: Purchase of Greens Roller for the Par 3 ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Parks and Recreation CONTACT: Meredith Lawrence, Parks and Recreation Manager ACTION REQUEST: Approve the purchase of the Toro GreensPro 1260 from MTI Distributing for a not to exceed price of $16,328.91. BACKGROUND: The City’s equipment fleet at the Mendota Heights Par 3 Community Golf Course includes a greens roller, which is used every other day to eliminate thatch and provide a more smooth and desirable playing surface. In addition, the use of this equipment has decreased cut worm activity, improved topdressing incorporation, decreased localized dry spot and reduced scalping. The use of the greens roller also decreases the number of hours staff is utilizing the greens mower each week, which will increase its useful life. The existing greens roller is a 2006 Tru Turf RS48-11B with 2,500 hours on it. The existing piece of equipment needs a replacement gear box/transmission, which is estimated to cost $5,600. Replacement of the gear box/transmission, in no way guarantees the extension of the equipment’s life as other parts may fail due to its age. Staff is recommending replacing the greens roller with a Toro GreensPro 1260. Staff has researched the following financing options per Council’s direction: •Purchase= $18,328.91 (cost before trade-in) •Lease (4 Year): $732.06*24 payments=$17,569.44 (nothing to show for it after 4 years) •Lease to Buy (4 Year): 900.32*24 payments=$21,607.68 6iPage 41 of 173 The existing piece of equipment is worth $2,000 and will be traded in as part of the transaction, reducing the total cost of the equipment by $2,000. MTI products are competitively bid based off the OMNIA Partners Group/Cooperative Purchasing contract that the City of Mendota Heights qualifies for. FISCAL AND RESOURCE IMPACT: This purchase was included in the FY2024 budget in the amount of $16,000, with funds available from the Par 3 Fund. The Par 3 Fund has sufficient funds to cover purchasing the Toro GreensPro 1260 with a total cost of $16,328.91 (with the trade-in included). ATTACHMENTS: Price Quotation for the Toro GreensPro 1260 CITY COUNCIL PRIORITY: ☒Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government Page 42 of 173 Mendota Heights Par 3 Quote Expiration Date:4/21/2024 Meredith Lawrence Qty Model Number Description Omnia Price Each Omnia Price Extended 1 44913 Toro GreensPro 1260 (Armrest and LED light kits standard)$17,149.86 $17,149.86 Omnia Member#4015473 Subtotal $17,149.86 Sales Tax 6.875%$1,179.05 Total $18,328.91 Optional FMV Lease available through Huntington Equipment Finance 4 year 24 Seasonal Payments:$732.06 Optional CSC ($1 Buyout) Financing available through Huntington Equipment Finance 4 year 24 Seasonal Payments:900.32$ Rates are subject to credit approval, $250.00 doc fee applies Quote is valid for 30 days; pending product availability Net 30 Terms with qualified credit New Toro commercial equipment comes with a two-year manufacturer warranty Equipment delivery and set-up at no additional charge All commercial products purchased by a credit card will be subject to a 2.5% service fee. Thank you for the opportunity to submit this quote. If you have any questions, please do not hesitate in contacting us. Bob Frank Scott Esterby Commercial Sales Rep Inside Sales Rep 612-877-0837 763-592-5641 I commit to the purchase as detailed on quote above. I reserve the right to opt out of intended purchase at any time prior to scheduled delivery. I understand that the quoted pricing above is not guaranteed and that I will be provided a new proposal when product becomes available. Name: Signature: Date: MTI Distributing Equipment Quote March 22, 2024 MTI Distributing, Inc. • 4830 Azelia Ave N • Brooklyn Center, MN Omnia Contract 2017025 Quote validity: As a result of supply chain disruptions effecting availability and pricing, the pricing above cannot be guaranteed. Should you commit to a non-binding purchase commitment, a firm quote including finance rates will be provided when product becomes available. Page 43 of 173 Page 44 of 173 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: April 2, 2024 AGENDA ITEM: Zoning Code Update Contract Amendment and Contract for the Development of the En ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Engineering/Community Development CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: Approve a Professional Services contract amendment for the Zoning Ordinance Update; and Approve a Professional Services contract to draft a supplemental Environment Code to Swanson Haskamp Consulting, LLC (SHC). BACKGROUND: At the February 22, 2022 council work session, it was noted that upon the adoption of the 2040 Comprehensive Plan, the city can begin the task of updating its own zoning ordinances, to ensure all land use standards and codes are consistent with the city’s 2040 Comprehensive Plan. At this workshop, city staff provided the Council with an overview of the process and a tentative timeline for updating the Zoning Ordinance, which included a strategy and action statement for completing this extensive project in 2022. The agreement with SHC provided a Scope of Work and schedule for completing this project by September 2022. The workshop meetings with the planning commission exceeded the allotted time in the original agreement. SHC has expended the contract budget as it is currently April, 2024 and the zoning code amendment is not complete. SHC has provided the attached Addendum to complete the zoning ordinance update. SHC is estimating a fee of around $15,000 to complete the zoning code update which includes a billing of just under $9,000 to balance the account through March 1, 2024. The remaining work includes an additional Council Work Session, completing draft #3, one to two additional planning commission meetings, two City Council meetings, and preparing the final draft of the update. 6jPage 45 of 173 City Staff has also requested a quote to provide an Environmental Title that will provide a structure and framework for environmental ordinances and policies in the City and allow for immediate adoption and guidance for future conversations and work by the Natural Resources Commission. This proposal will also provide corresponding code sections that will allow for the adoption and implementation of the Zoning Title. The Environmental Title is estimated at $9,350 as shown on the attached proposal. FISCAL AND RESOURCE IMPACT: The original contract amount was budgeted in the Community Development Budget in 2022 for $60,000. The Zoning Code Amendment ($14,823-$16,823), and the Environmental Title ($9,350) is proposed to be funded from the Community Development Consultant Services budget ($10,000), Administrative Contingency Fund ($5,000-$7,000), and the Storm Water Utility fund ($9,350). ATTACHMENTS: SHC Addendum to Zoning Ordinance Update Project SHC Proposal for Preparation of Environmental Title CITY COUNCIL PRIORITY: ☒Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government Page 46 of 173 SHC Addendum to Zoning Ordinance Update Project 1 March 18, 2024 Mr. Ryan Ruzek, PE Public Works Director City of Mendota Heights CC: Cheryl Jacobson, City Administrator and Sarah Madden, Community Development Manager Transmitted via email to rruzek@mendotaheightsmn.gov; cjacobson@mendotaheightsmn.gov; smadden@mendotaheightsmn.gov RE: Additional Services to Complete Zoning Ordinance Process Dear Ryan, Last week Cheryl communicated with me that an addendum to the current contract to complete the Zoning Ordinance Update process is needed since we have exceeded the initial budget. To that end, I have prepared the following estimate of time and budget to complete the work. As you know, it is difficult to estimate how many meetings will be needed at the planning commission and city council to adopt the ordinance but the following is a reasonable guess based on the process thus far. Likewise, the edits and/or modifications to the code assume a limited number of edits is required to complete the process. If something significant is brought up for modification the hours and budget may need to be revisited. Please review and let me know if you have any questions. Addendum to Scope of Services The following estimate is provided to complete the zoning ordinance update project. Task Schedule Cost Estimate (~hours) Services through 3/1/2024 (Inv. #1335) •Open House •Revisions/Draft #3 •Work sessions - $8,973.85 City Council Work Session (1) •Review Community Survey findings •Final discussion regarding impervious surface direction/calculations •Final discussion regarding PSP-O •Zoning Map Changes 4/2024 $350 (~3) Page 47 of 173 SHC Addendum to Zoning Ordinance Update Project 2 Prepare Draft #3 of Full Code •Incorporate direction from City Council Work session, assumes: o Minor Revisions to Impervious Surface o Minor Revisions to PSP-O o Updates/Modifications to Zoning Map 4/2024 $1,000 (~7.5) Planning Commission (1 or 2 Meetings) •Prepare presentation for Public Hearing •Attend Public Hearing and Presentation of full draft code •Attend second Planning Commission meeting, if needed •Prepare summary memo of changes recommended by Planning Commission for inclusion 5/2024 $1,500 - $2,000 (~10-12) City Council (2 Meetings) •Prepare Staff Report/Memo for City Council incorporating: o Summary of Planning Commission Recommendations o Summary of Public Hearing comments •Facilitate Discussion •Second Meeting – Incorporate any changes as directed by City Council 5/2024 – 6/2024 $1,500 - $2,000 (~10-12) Prepare Final Draft Zoning Code •Incorporate all comments and edits as directed by City Council (assumes one comprehensive set of edits, and no substantive/significant modifications) •Finalize Zoning Map •Deliver full copy, including native files, to City for use 6/2024 $1,500 - $2,500 (~10-15) TOTAL Project Estimate $14,823.85 - $16,823.85 SHC will use the hourly billing rates as approved with the original contract and will not update its fees according to our 2024 fee schedule. All time will be billed according to the fee schedule, and any additional services requested will be billed accordingly. The cost estimate provided in the table will not be exceeded without written authorization, and you will only be billed for time spent. If you accept the terms of this proposal, please sign and execute below and return. Sincerely, Accepted by: Jennifer Haskamp, AICP CEO & Principal Planner City of Mendota Heights Date Swanson Haskamp Consulting, LLC Page 48 of 173 SHC Proposal for Preparation of Environmental Title 1 March 15, 2024 Mr. Ryan Ruzek, PE Public Works Director City of Mendota Heights Transmitted via email to rruzek@mendotaheightsmn.gov RE: Proposal for Planning Services to prepare Environmental Title 15 Dear Ryan, As discussed at our meeting on Tuesday the following proposal and schedule is provided for your review and consideration. Based on our meeting, I understand that the primary objective of this process is to establish an Environmental Title that will 1) provide a structure and framework for environmental ordinances and policies in the City; 2) allow for immediate adoption and guidance for future conversations and work by the Natural Resources Commission; and 3) provide corresponding code sections that will allow for the adoption and implementation of the Zoning Title. To accomplish the stated objectives the following Scope, Schedule and Budget is provided. Each task is associated with the proposed Chapter that will be incorporated into the final Draft Environmental Title. As discussed at the meeting this week, SHC will be asked to attend two meetings and the specific meetings will be selected and directed by staff. Other formal presentations, commission and council meetings will be handled by the City Staff unless expressly directed and written authorization is provided to allow for the additional cost and budget associated with attendance. The deliverables will be provided by Chapter which will be assembled into a comprehensive Title once all chapters are completed in draft form. Delivery of individual chapters will be provided for staff review per the schedule identified. We have included scope for one full set of comprehensive edits to the Title. It is anticipated that edits will be completed after the Natural Resources Commission (and if desired, the City Council) has provided their comments to the draft Title. The budget and time estimate for each Chapter assumes minor staff edits and/or comments will be incorporated. The Scope of Services is provided on the following pages. Page 49 of 173 SHC Proposal for Preparation of Environmental Title 2 Scope of Services Per the existing structure of the City Code, to simplify the codification process we are proposing for the Environmental Title to simply be added sequentially which will place it as Title 15: Environmental Standards. The following table provides a breakdown of each chapter that will be contained within the Title and corresponding schedule and cost estimate. Task Schedule Cost Estimate (~hours) Chapter 1: Purpose and Conformance •New section to be drafted.3/29/2024 $350 (~3) Chapter 2: Administration, Roles and Responsibilities •New section to be drafted. •Feedback from City staff will be solicited prior to drafting. •Review and existing roles and responsibilities established by the City Council when NRC was established. 3/29/2024 $1,000 (~7.5) Chapter 3: Urban Forest and Significant Trees •Format current draft ordinance for incorporation into Title format. •Provide suggestions and/or proposed modifications regarding substantive modifications. •Edit and/or clean up definitions and code references for accuracy with applicable code sections. 4/5/2024 $1,000 (~7.5) Chapter 4: Wetland Systems •New section to incorporate by reference WCA state rules. •Applicable standards from existing section to be incorporated and/or updated for consistency with new section in Zoning. •Buffer rules, including appropriate cross references to other Chapters and/or sections to be added. •Language and process established for wetland mitigation and/or replacement. 4/12/2024 $2,500 (~20) Chapter 5: Floodplain Management •Existing code section to be formatted and updated for consistency with Title structure. •Cross references updated. 4/5/2024 $350 (~3) Chapter 6: Shoreland/Surface Water Management •New section to be drafted in summary. •Cross references to applicable sections to be provided. 4/12/2024 $1,000 (~7.5) Page 50 of 173 SHC Proposal for Preparation of Environmental Title 3 •Reserved sections to be used for areas pertaining to future drafting/planning efforts. Chapter 7: Performance Standards (miscellaneous) •Incorporate applicable sections from other Titles and ordinances such as: o Goat Grazing o Buffer protection (excluded from any ‘noxious’ weed definitions’ o MS4 ordinance requirements such as Chloride Reduction, Pet Waste, etc. (Ryan/City to conform) o Shade Tree Program 4/12/2024 $1,200 (~9) FULL DRAFT •One set of comprehensive edits •Summary staff report for NRC and/or City Council 5/1/2024 $1,200 (~9) Meeting Attendance •Attendance at a maximum of two meetings (2), as directed by staff (Budget assumes 1.75 hours for attendance and 0.5 hours of meeting prep) TBD $750 (~5) TOTAL Project Estimate $9,350 SHC’s 2024 Fee Schedule is attached for your reference. All time will be billed according to the fee schedule, and any additional services requested will be billed accordingly. The cost estimate provided in the table will not be exceeded without written authorization, and you will only be billed for time spent. If you accept the terms of this proposal, please sign and execute below and return. Sincerely, Accepted by: Jennifer Haskamp, AICP CEO & Principal Planner City of Mendota Heights Date Swanson Haskamp Consulting, LLC Page 51 of 173 Attachment 1: Fee Schedule (2024) Service Rate Principal, Planner $157/Hour Sr. Planner/ Sr. Landscape Architect $135/Hour Planner / GIS Professional $112/Hour Document Preparation/Layout/Production GIS Mapping Document Layout Graphics $105/Hour Mileage rate (Standard 2023 IRS rate, to be adjusted to 2024 once published) $0.67/mile Printing and Mailing Services Actual Expenses Page 52 of 173 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: April 2, 2024 AGENDA ITEM: Joint Powers Agreement for Streambank Stabilization and Volume Reduction Projects along Interstate Valley Creek ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Engineering CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: Authorize the Mayor and City Clerk to execute a Joint Powers Agreement with Dakota County and the Dakota County Soil & Water Conservation District for the Interstate Valley Creek Streambank Stabilization and Stormwater BMP Project. BACKGROUND: The City Council received a presentation at their March 21, 2023, meeting regarding results from the Interstate Valley Creek Streambank Stabilization and Volume Reduction study. The study accepted by the Council was a joint study between the Lower Mississippi River Watershed Management Organization (LMRWMO) and Mendota Heights. Staff has been working with Dakota County, Dakota County Soil and Water Conservation District (SWCD), and the LMRWMO on trail and water quality improvements within Valley Park. Dakota County is developing greenway improvement plans and any streambank improvements would be best installed in conjunction to trail improvements to minimize disturbances and impacts to the park. Mendota Heights City Council approved Resolution 2023-47 at their August 15, 2023, meeting supporting a Grant Application for the streambank improvements which was approved for funding from the State of Minnesota Clean Water Funds. FISCAL AND RESOURCE IMPACT: The grant award totaled $585,000 to implement streambank stabilizations and stormwater best management practices along Interstate Valley Creek between Marie Avenue and the Mississippi River in Mendota Heights. The Clean Water Funds grant required a minimum 10% (ten percent) local match. Due to this application being highly competitive, the project partners proposed a total grant match of 6kPage 53 of 173 $150,000. The approved grant match was allocated as $100,000 from Mendota Heights (shown in the Capital Improvement Plan), and $50,000 from Dakota SWCD. Mendota Heights will also be able to claim a pollutant reduction credit towards the Mississippi River Total Maximum Daily Load (TMDL) of total suspended solids (TSS) by 292 tons/year and phosphorus (TP) by 270 lbs/year. ATTACHMENTS: Joint Powers Agreement (25 pages) CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government Page 54 of 173 229840v1 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY, THE DAKOTA COUNTY SOIL AND WATER CONSERVATION DISTRICT, AND THE CITY OF MENDOTA HEIGHTS FOR THE INTERSTATE VALLEY CREEK STREAMBANK STABILIZATION AND STORMWATER BMP PROJECT PARTIES The Parties to this Agreement are Dakota County (County), the City of Mendota Heights (City), and the Dakota County Soil and Water Conservation District (SWCD), collectively referred to as “the Parties”. RECITALS Under Minn. Stat. § 471.59 the Parties are empowered to engage in such agreements as are necessary to exercise their powers. The County, City, and SWCD are political subdivisions of the State of Minnesota. The City owns and operates Valley Park (Park) located in the City of Mendota Heights, Minnesota, and the Park surrounds its primary natural feature, Interstate Valley Creek (IVC or stream). The stream is not a Minnesota Department of Natural Resources (MnDNR) protected water, but it is a significant and important regional resource and amenity. Developed areas have drained directly to the stream without ponding or treatment since approximately the 1950s. Site maps for the overall project area, as well as for individual projects depicting the stream, the Park boundaries, and the project areas can be found as Exhibit 1. The City and Lower Mississippi River Watershed Management Organization (WMO) completed a study of the watershed and stream in 2023 to determine the extent and impact of urban stormwater and erosion on IVC water quality and subsequent water quality impacts to the downstream Mississippi River. The study identified and prioritized multiple streambank stabilization projects and stormwater best management practices to implement and improve stream water quality. Six of those projects (three stormwater management projects and three streambank stabilization projects) were further prioritized and are planned for implementation. Due to timing and construction site constraints, it is necessary to merge the design and implementation of those six projects with the planned completion of the River to River Greenway Project (Greenway Project) through Valley Park, to be implemented by Dakota County and the City. The SWCD has and applied for and received Fiscal Year (FY) 2024 Clean Water Fund (CWF) grant funds through the MN Board of Water & Soil Resources (BWSR) to construct the six projects near IVC. The “FY 2024 Interstate Valley Creek Streambank Stabilization and Stormwater BMP Project” (IVC Project) Grant Agreement and Work Plan are incorporated into this Agreement and attached hereto as Exhibit 2. The Greenway Project will be funded by Dakota County and the City, and any other grant funds they obtain outside this agreement and in a manner agreed to by them outside this agreement. The SWCD will have no funding responsibility in the Greenway Project. PURPOSE The purpose of this Agreement is to provide a method for the Parties to undertake implementation of the six projects identified in the IVC Project in conjunction with the Greenway Project through Valley Park. See Exhibit 1 forinformatoin on the six projects to be completed. AGREEMENT 1.Term of Agreement 1.1 Effective Date: March 15, 2024, or the date all required signatures, whichever is later are obtained. 1.2 Expiration Date: December 31, 2028, or until all obligations have been satisfactorily fulfilled, whichever occurs first. Page 55 of 173 229840v1 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this Agreement: 3.4 Long-Term Maintenance; 8 Liability; 9 Audits; 10 Government Data Practices; 11 Governing Law Jurisdiction and Venue. 2.Right of Entry 2.1 The Parties hereby grant to each other and the employees, agents, and contractors of each other, access to the property and facilities for the purpose of site visits, surveys, and examination of project locations, meetings with consultants or contractors, construction staking, and monitoring of the construction of the IVC Projects at Valley Park and Greenway Project. 2.2 The Parties hereby grant to each other and to the employees, agents, and contractors of each of the Parties, access to the property/facilities for the purpose of installing the IVC Projects and Greenway Project. 3.Agreement Among the Parties 3.1 The County will be responsible for administration of all contracts, permitting, and project management tasks associated with completing the Greenway Project and IVC Project. The County or City must seek input from all other Parties all contracts related to the IVC Project. The County must also obtain the written approval of the SWCD and City before awarding a contract. 3.2 The County will hire any necessary agents and contractors to design and construct the Greenway Project and IVC Project. The County or City must seek input from all other Parties on all contracts and construction plan approvals from initial design, through design development, and through final construction and bid document creation, and approval of the bid. 3.3 The SWCD will be responsible for the BWSR CWF Grant administration including reporting, reimbursement requests, work plan changes, extensions, and any other tasks associated with the grant funding. Any amendments to the Grant work plan, activities, or budgets shall be done by the SWCD in coordination with the Parties and only as necessary and appropriate to maximize use of the Grant funds. 3.4 The City and County will share responsibility of the the long-term maintenance of the projects. The City and County will share long-term responsibility of the vegetative maintenance of the streambank stabilization projects and stormwater BMPs. The City will be responsible for any structural maintenance or repair of the streambank stabilization projects and stormwater BMPs. The City and County agree to enter into a separate agreement for no less than a period of 25 years after installation is completed which outlines the specific vegetative and structural maintenance responsibilities of the IVC project with the SWCD prior to the final CWF Grant reimbursement and prior to project closeout. 3.5 The existing agreement between the County and the City for vegetative maintenance in Valley Park within 100’ of the centerline of the new Greenway, outlined within Dakota County Contract Number DCA21293, remains in effect. Vegetative maintenance performed by the County for the streambank stabilization projects and stormwater BMPs within this 200’ wide corridor will be performed per that agreement. Vegetative maintenance of streambank restoration projects and stormwater BMPs outside this corridor will be the responsibility of the City. The City will hold financial assurances totaling 20% of the installation cost of the streambank stabilization projects for repairs or maintenance. 3.6 The Parties will conduct regular meetings (Project Management Team Meetings) with the Authorized Representatives, as well as other key staff and personnel, necessary to design and install the Projects. 3.7 The Parties will ensure the IVC Project meets all necessary BWSR Grant Administration Manual requirements for conservation practice design, installation, and reporting. This includes the Parties providing upon request any related project information necessary for grant reporting. 3.8 The Parties will coordinate associated public meetings and public outreach tasks necessary to ensure residents, patrons, stakeholders are properly informed. 3.9 This Agreement does not create a separate joint powers organization. Page 56 of 173 229840v1 4.Funding 4.1 The County and City will pay the entire cost of the Greenway Project with their funds and/or outside grant funds in an amount determined outside this agreement. 4.2 The Parties agree to provide funding towards completion of the Project in the amounts that follow. 4.2.1 The estimated cost for administration and project development for the IVC Project is $45,000. 4.2.2 Administration and project development costs will be covered by $35,000 from the CWF Grant and $10,000 from the WMO in matching funds. 4.2.3 The estimated cost for engineering and construction of the IVC Project is $700,000. 4.2.4 Engineering and construction costs will be covered by $550,000 from the CWF Grant, $50,000 from the County in matching funds, and $100,000 from the City in matching funds. 4.2.5 The City and County also agree to split the costs of any overages in engineering and construction costs for the IVC Project that are necessary to complete the six identified projects and fulfill the CWF Grant requirements. 4.2.6 The SWCD agrees to pay for any overages in SWCD staff time to administer and manage the CWF Grant. 4.2.7 The SWCD is not responsible for any overages in IVC Project costs besides their own staff time. 4.2.8 Should there be any overages in IVC Project costs above the estimates, the County and City agree to complete the projects that fulfill the CWF grant requirements and split the remaining costs 50/50. 4.3 Any changes, variations, modifications, or change orders related to the completion of any project of this Agreement, shall only be valid when they have been reduced to writing and approved by the County’s Authorized Representative or their successor. 5.Funding Payment 5.1 The County will administer the contract and act as the paying agent for all contracts for the project. Any invoices for payment received by the Parties for engineering and design work or construction of the IVC Project shall be shared with all Parties when they are received, for Grant reporting purposes. Payments to consultants and contractors will be made as work progresses. 5.2 Itemized claims for payment (Reimbursement Requests) shall be made quarterly or at major project milestones, as agreed upon by the Authorized Representatives. Upon presentation of a Reimbursement Request by one Party to another, the receiving Party shall reimburse the invoicing Party for its share of the costs incurred under this agreement within 60 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving Party, the remainder of the claim shall be promptly paid and accompanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of the actual costs incurred in carrying out the work. 5.3 County and City staff time for the IVC Project is not considered reimbursable. 6.Authorized Representatives Page 57 of 173 229840v1 a. The County’s Authorized Representative is Tony Wotzka Telephone: (952) 891-7966 Email: Tony.Wotzka@co.dakota.mn.us b. The City’s Authorized Representative is Ryan Ruzek Telephone: (651) 255-1152 Email: RRuzek@mendotaheightsmn.gov c.The SWCD’s Authorized Representative is Joe Barten Telephone: (651) 480-7784 Email: joe.barten@co.dakota.mn.us 7.Assignment, Amendments, Waiver and Contract Complete 7.1 Assignment. No Party shall assign or transfer any rights or obligations under this Agreement without the prior written consent of the other two Parties approved by the same individuals who executed and approved this Agreement, or their successors in office. 7.2 Amendments. Any amendments to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3 Waiver. If the any Party fails to enforce any provision of this Agreement, that failure does not waive the provision or that Party’s right to enforce it. 7.4 Agreement Complete. This Agreement contains all negotiations and agreements between the County, City, and SWCD. No other understanding regarding this Agreement, whether in written or oral form, may be used to bind any Party. 8.Liability 8.1. Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other part’s actions and consequences of those actions. The Minnesota Tort Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the Parties’ liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Parties’ liability. Nothing in this Agreement is intended to waive or limit the provision of the Tort Claims Acts, Minn. Stat. §3.736, or Minn. Stat. ch. 466, or any other law, legislative or judicial, which limits government liability. For purposes of determining total liability for damages, the participating governmental units are considered to be a single governmental unit, the total liability of which shall not exceed the limits for a single governmental unit as provided in Minn. Statutes, Section 466.04, Subd. 1.Each party warrants that it has an insurance or self-insurance program and that it has minimum coverage consistent with the liability limits contained in Minn. Stat. ch. 466. 8.2. Parties agree to indemnify, defend and hold harmless the other, its officers, agents and employees against any and all liability, loss, costs, damages, claims or actions its officers, agents or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the indemnifying party, its officers, agents, or employees, in the execution, performance or failure to adequately perform its obligations pursuant to this Agreement. 9.Audits The Parties shall retain receipts for and maintain detailed records of all expenses related to this Agreement. When requested by the BSWR, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 10. Government Data Practices Page 58 of 173 229840v1 The Parties must comply with the Minnesota Government Data Practices Act, Minn.Stat. Ch. 13, as it applies to all data provided under this Agreement and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Parties under this Agreement. The civil remedies of Minn. Stat. 13.08 apply to the release of the data referred to in this clause by any of the Parties. 11.Governing Law, Jurisdiction, and Venue Minnesota Law, without regard to its choice of law provisions governs this Agreement. Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court, with competent jurisdiction in Dakota County, Minnesota. 12.Termination 12.1 Termination for Insufficient Funding by County. The County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, other funding sources, or if funding cannot be continued at a level sufficient to allow for the payments provided herein. Termination must be by written notice to the City and SWCD. The County is not obligated to pay for any costs of the Project that are incurred after the notice and effective date of termination. The County will not be assessed any penalty if the Agreement is terminated because of the decision of the Minnesota Legislature or other funding sources, to not appropriate funds. 12.2 Termination for Insufficient Funding by SWCD. The SWCD may immediately terminate this Agreement if it does not obtain CWF funding from the BWSR or if funding cannot be continued at a level sufficient to allow for the payments provided herein. Termination must be by written notice to the City and County. 12.3 Termination for Insufficient Funding by City. The City may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, other funding sources, or if funding cannot be continued at a level sufficient to allow for the payments provided herein. Termination must be by written notice to the County and SWCD. The City is not obligated to pay for any costs of the Project that are incurred after the notice and effective date of termination. The City will not be assessed any penalty if the Agreement is terminated because of the decision of the Minnesota Legislature or other funding sources, to not appropriate funds. 13.Final Agreement This Agreement is the final expression of the Agreement of the Parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. There are no representations, warranties, or stipulations, either oral or written, not contained in this Agreement. Any modification to this Agreement shall be binding only if evidenced in writing signed by all Parties. 14.Severability The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with Respect to either Party. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date(s) indicated below Page 59 of 173 229840v1 DAKOTA COUNTY By: ___________________________________ Georg Fisher, Physical Development Director Date of Signature: _____________________ DAKOTA COUNTY SWCD By: ___________________________________ Kevin Chamberlain, Chair Date of Signature: _____________________ CITY OF MENDOTA HEIGHTS By: ___________________________________ Stephanie Levine, Mayor Date of Signature: ____________________ By: ___________________________________ Nancy Bauer, City Clerk Date of Signature: ____________________ APPROVED AS TO FORM: Assistant Dakota County Attorney Date KS-24-60 Page 60 of 173 229840v1 EXHIBIT 1 Page 61 of 173 IVC Mainstem Wentworth Creek Tributary Marie Creek Tributary IVC Watershed Study Area Stream Stabilization Sites Stormwater BMP Sites Exhibit 1 Interstate Valley Creek (IVC) Prioritized Stabilization & Stormwater BMP Projects Interstate Valley Creek Prioritized Stabilization Project Pollutant Reductions Map #Location TSS Reduction (ton/yr) TP Reduction (lbs/yr) 1 Valley Park RTR to Wentworth -Streambank Stabilization 158.7 135.0 2 Valley Park Wetland –Streambank Stabilization 74.9 85.2 3 Valley Park Playground –Streambank Stabilization 48.3 41.1 5 6 4 3 2 1 Hwy 62 3 2 1 Interstate Valley Creek Prioritized BMP Project Pollutant Reductions Map #Location Rate Reduction (CFS -2 yr) Rate Reduction (CFS -10 yr) TSS Reduction (ton/yr) TP Reduction (lbs/yr) 1 Valley Park Wetland -Infiltration Basin 10.9 12.6 1.2 4.7 2 Park Place -Filtration Basin 3.4 5.7 0.9 3.5 3 Valley Park Wetland –Weir Installation 10.4 12.4 0.2 0.8 5 6 4 *See the following pages for additional detail on the six individual projects. Final implementation may not be exactly as described in the following pages and will be finalized during project design. Page 1 Page 62 of 173 """"""""""""!( !( 850 8 40830 820 810 800 790 780 8108007907807708 5 0 770Pa r k P l a c e D r Document Path: K:\020683-000\GIS\Maps\020683-000-Watershed-QA\A.3 Park Place Inf Basin Date Saved: 12/14/2022¯1 inch = 100 feet 0 100 FeetInterstate Valley Creek Study Lower Mississippi River Watershed Management Organization Figure A.3 - Park Place Filtration Basin Legend Stream Centerlines Mild Erosion Moderate Erosion "18 - 24 in Storm Sewer Proposed Storm Sewer Potential Access Route Greenway/Trail Parcels Parks Potential BMP Footprint Potential BMP Contours Wetlands Project Considerations Parcel ownership: Public - City Soils: B and a small portion B/D Proposed BMP area: 3,050 sf Additional proposed grading: 5,010 sf Impacts: Moderate tree impacts Project Benefits Rate reduction: 5.8 cfs in the 10-yr event, 3.4 cfs in the 2-yr event Volume reduction: 6,450 cf TSS Reduction: 0.9 ton/yr TP Reduction: 3.5 lbs/yr Restoration of 50 LF of eroded channel Remove 75 LF of storm sewer Page 2 Page 63 of 173 35E 35E 35E "" " " " " " I -35E I -35E8808708608508408308208108007908608508408308208108 5 0 8 2084 083 0 8608508408 4 0 83 0 82 0 870860780770800870 8708708508408 2 0 Document Path: K:\020683-000\GIS\Maps\8.5x11_Series BaseMap Date Saved: 12/18/2022¯1 inch = 150 feet 0 150 FeetInterstate Valley Creek Study Lower Mississippi River Watershed Management Organization Figure B.1 - Valley Park RTR to Wentworth Legend Stream Centerlines Mild Erosion Moderate Erosion Severe Erosion Greenway/Trail7 Overhead Power Potential Access Route1 Parks Proposed Bank Grading Parcels21 Wetlands1 Toewood "18 - 24 in Project Considerations Parcel ownership: Soils: Public - City A, B, D, B/D Project Benefits TSS Reduction: TP Reduction:135 lbs/yr 158.7 ton/yr Access to this site will be from east, across utility corridor. No access permitted from 35E Project will restore previously installed pollinator habitat in utility corridor Project will replace lost trees following plans from Mendota Heights NRMP Impacts: Infrastructure (power lines, RTR trail crossing), high tree impacts, and likely wetland impacts Page 3 Page 64 of 173 35E """"""""" 8 7 0 8 60 8 5 0 8 4 0 830 820 87086085084083082083082081082081080 0790 850800Valley Park Wetland Infiltration Basin Valley Park Wetland Enhancement and Weir Document Path: K:\020683-000\GIS\Maps\8.5x11_Series BaseMap Date Saved: 12/18/2022¯1 inch = 150 feet 0 150 FeetInterstate Valley Creek Study Lower Mississippi River Watershed Management Organization Figure B.2 - Valley Park Wetland Legend Stream Centerlines Mild Erosion Moderate Erosion Severe Erosion Greenway/Trail8 Overhead Power Potential Access Route4 Parks Proposed Bank Grading Parcels4 Wetlands4 Toewood "18 - 24 in Project Considerations Parcel ownership: Soils: Public - City A, B, B/D Project Benefits TSS Reduction: TP Reduction:63.7 lbs/yr 74.9 ton/yr Impacts: Infrastructure (removal of old weir and culvert structures), moderate tree impacts, and wetland impacts. Page 4 Page 65 of 173 """""""""""""""""""""""T r a i l R d Document Path: K:\020683-000\GIS\Maps\020683-000-Watershed-QA\B.3 - Valley Park Wetland Infiltration Basin Date Saved: 1/19/2023¯1 inch = 80 feet 0 80 FeetInterstate Valley Creek Study Lower Mississippi River Watershed Management Organization Figure B.3 - Valley Park Wetland Infiltration Basin Legend Stream Centerlines Mild Erosion Moderate Erosion Severe Erosion "12 - 15 in Storm Sewer "18 - 24 in Storm Sewer "Proposed Storm Sewer Potential Access Route Greenway/Trail Parcels Potential BMP Footprint Potential BMP Contours Wetlands Project Considerations Parcel ownership: Public Soils: B/D Proposed BMP area: 0.1 acres Additional proposed grading: 0.2 acres Impacts: Moderate tree impacts, possible wetland impacts Project Benefits Rate reduction: 12.6 cfs in the 10-yr event, 10.9 cfs in the 2-yr event Volume reduction: 8,720 cf TSS Reduction: 1.2 ton/yr TP Reduction: 4.7 lbs/yr Remove 155 LF of storm sewer Valley Park Wetland En h ancement and Weir Page 5 Page 66 of 173 """"""""""""84083085 0 830 820850830820820 840 8 1 0 810 Document Path: K:\020683-000\GIS\Maps\020683-000-Watershed-QA\B.4 - Valley Park Wetland Enhancement and Weir Date Saved: 12/16/2022¯1 inch = 100 feet 0 100 FeetInterstate Valley Creek Study Lower Mississippi River Watershed Management Organization Figure B.4 - Valley Park Wetland Enhancement and Weir Legend "18 - 24 in Storm Sewer "Proposed Storm Sewer Stream Centerlines Mild Erosion Moderate Erosion Severe Erosion Potential Access Route Greenway/Trail Parks Parcels Potential BMP Footprint Wetlands Project Considerations Parcel ownership: Public Soils: B/D Proposed BMP Area: 0.8 acres Impacts: Low tree impacts, wetland impacts Project Benefits Rate reduction: 12.4 cfs in the 10-yr event, 10.4 cfs in the 2-yr event TSS Reduction: 0.2 ton/yr TP Reduction: 0.8 lbs/yr Weir Valley Park Wetland In f iltration Basin Stream connection to wetland due to ponding behind the weir. Page 6 Page 67 of 173 """""""""""""""""""""""Marie Ave Valley C u r v e R d Trail Rd83082081083082083082082 0 810820Document Path: K:\020683-000\GIS\Maps\8.5x11_Series BaseMap Date Saved: 12/18/2022¯1 inch = 100 feet 0 100 FeetInterstate Valley Creek Study Lower Mississippi River Watershed Management Organization Figure F.1 - Valley Park Playground Legend Stream Centerlines Mild Erosion Moderate Erosion Severe Erosion Greenway/Trail4 Potential Access Route4 Parks Proposed Bank Grading Parcels17 Wetlands4 Rock Riffle Toewood "Unknown "12 - 15 in "18 - 24 in "30 - 36 in "72 - 88 in Project Considerations Parcel ownership: Soils: Public - City B, A/D, B/D, Urban Project Benefits TSS Reduction: TP Reduction:41.1 lbs/yr 48.3 ton/yr Impacts: Infrastructure (parking lot and trail closure), high impacts to trees, and wetland impacts Project must not disturb existing white pines in this area Page 7 Page 68 of 173 229840v1 EXHIBIT 2 Page 69 of 173 DocuSign Envelope ID: FF74FA5F-7406-40B3-AF49-6E03ABC104F6 Page 1 of 4 2024 STATE OF MINNESOTA BOARD OF WATER and SOIL RESOURCES CLEAN WATER FUND COMPETITIVE GRANTS PROGRAM GRANT AGREEMENT Vendor: 0000202402 PO#: 3000016930 This Grant Agreement is between the State of Minnesota, acting through its Board of Water and Soil Resources (Board) and Dakota SWCD, 4100 220th Street W, Suite 102, Farmington MN 55024 (Grantee). Grant ID Grant Title Awarded Amt C24-0045 Interstate Valley Creek Streambank Stabilization and Stormwater BMP Project $585,000.00 Total Grant Awarded: $585,000.00 Recitals 1.The Laws of Minnesota 2023, Chapter 40, Article 2, Section 6(b) appropriated funds to the Board for the FY 2024 Clean Water Fund Projects and Practices Competitive Grants Program. 2.The Laws of Minnesota 2021, First Special Session Chapter 1, Article 2, Section 6(b), Section 6(c), and Section 6(t) authorize the Board to allocate funds for the FY 2024 Clean Water Fund Projects and Practices Competitive Grants Program. 3.The Laws of Minnesota 2019 First Special Session, Chapter 2, Article 2, Section 7(c) and Section 7(p) authorize the Board to allocate funds for the FY 2024 Clean Water Fund Projects and Practices Competitive Grants Program. 4.The Board adopted Board Order #23-64 to authorize and allocate funds for the FY 2024 Clean Water Fund Project and Practices Competitive Grants Program. 5.The Grantee has submitted a BWSR-approved work plan for this Program which is incorporated into this Grant Agreement by reference. 6.The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Agreement to the satisfaction of the Board. 7.As a condition of the grant, Grantee agrees to minimize administration costs. Authorized Representative The State’s Authorized Representative is Marcey Westrick, Central Region Manager, BWSR, 520 Lafayette Road North, Saint Paul, MN 55155, (651) 284-4153, or her successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services and performance provided under this Grant Agreement. The Grantee’s Authorized Representative is: TITLE District Manager ADDRESS 4100220th Street West CITY Farmington TELEPHONE NUMBER 16514807778 If the Grantee’s Authorized Representative changes at any time during this Grant Agreement, the Grantee must immediately notify the Board. Grant Agreement 1.Terms of the Grant Agreement. 1.1. Effective date: The date the Board obtains all required signatures under Minn. Stat. § 16B.98, Subd. 5. The Board will notify the Grantee when this Grant Agreement has been executed. The Grantee must not begin work under this Grant Agreement until it is executed. Page 70 of 173 DocuSign Envelope ID: FF74FA5F-7406-40B3-AF49-6E03ABC104F6 Page 2 of 4 1.2. Expiration date: December 31, 2026 or until all obligations have been satisfactorily fulfilled, whichever comes first. 1.3. Survival of Terms: The following clauses survive the expiration date or cancellation of this Grant Agreement: 7. Liability; 8. State Audits; 9. Government Data Practices; 12. Governing Law, Jurisdiction, and Venue; 14. Data Disclosure; and 19. Intellectual Property Rights. 2.Grantee’s Duties. The Grantee will comply with required grants management policies and procedures set forth through Minn. Stat. § 16B.97, Subd. 4(a)(1). The Grantee is responsible for the specific duties for the Program as follows: 2.1. Implementation: The Grantee will implement their work plan, which is incorporated into this Grant Agreement by reference. 2.2. Reporting: All data and information provided in a Grantee’s report shall be considered public. 2.2.1. The Grantee will submit an annual progress report to the Board by February 1 of each year on the status of Program implementation by the Grantee. Information provided must conform to the requirements and formats set by the Board. 2.2.2. Final Progress Report: The Grantee will submit a final progress report to the Board by February 1, 2027, or within 30 days of completion of the project, whichever occurs sooner. Information provided must conform to the requirements and formats set by the Board. All individual grants over $500,000 will also require a reporting expenditure by June 30 of each year. 2.3. Match: The Grantee will ensure any local match requirement will be provided as stated in Grantee’s approved work plan. 3.Time. The Grantee must comply with all the time requirements described in this Grant Agreement. In the performance of this Grant Agreement, time is of the essence. 4.Terms of Payment. 4.1. Funds will be distributed in three installments per grant: 1) The first payment of 50% will be distributed after the execution of the Grant Agreement. 2) The second payment of 40% will be distributed after the first payment of 50% has been expended and reporting requirements have been met. An eLINK Interim Financial Report that summarizes expenditures of the first 50% must be signed by the Grantee and approved by the Board. Selected grantees may be required at this point to submit documentation of the expenditures reported on the Interim Financial Report for verification. 3) The third payment of 10% will be distributed after the grant has been fully expended and reporting requirements are met. The final, 10% payment must be requested within 30 days of the expiration date of the Grant Agreement. An eLINK Final Financial Report that summarizes final expenditures for the grant must be signed by the Grantee and approved by the Board. 4.2. All costs must be incurred within the grant period. All incurred costs should be calculated or determined before the final report is completed or returning funds. 4.3. Unspent grant funds must be returned within 30 days of the expiration date of the Grant Agreement. 4.4. Once final reporting has been completed funds may not be re-requested as funds may not be available. 4.5. The obligation of the State under this Grant Agreement will not exceed the amount listed above. 4.6. This Grant Agreement includes an advance payment of 50 % of each grant’s total amount per grant. Advance payments allow the grantee to have adequate operating capital for start-up costs, ensure their financial commitment to landowners and contractors, and to better schedule work into the future. 5.Conditions of Payment. All services provided by the Grantee under this Grant Agreement must be performed to the Board’s satisfaction, as set forth in this Grant Agreement. Compliance will be determined at the sole discretion of the Board’s Authorized Representative and in accordance with all applicable federal, State, and local laws, policies, ordinances, rules, FY 2024 Clean Water Fund Competitive Grant Policy, and regulations. The Grantee will not receive payment, may be required to repay grant funds, or may have future payments withheld if work is found by the Board to be unsatisfactory or performed in violation of federal, State, or local law. 6.Assignment, Amendments, and Waiver. 6.1. Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without the prior consent of the Board and a fully executed Assignment Agreement, executed, and approved by the same parties who executed and approved this Grant Agreement, or their successors in office. 6.2. Amendments. Any amendments to this Grant Agreement must be in writing and will not be effective until approved and executed by the same parties who approved and executed the original Grant Agreement, or their successors in office. Amendments must be executed prior to the expiration of the original Grant Agreement or any amendments thereto. Page 71 of 173 DocuSign Envelope ID: FF74FA5F-7406-40B3-AF49-6E03ABC104F6 Page 3 of 4 6.3. Waiver. If the Board fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its right to enforce it. 7.Liability. The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this Grant Agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State’s failure to fulfill its obligations under this Grant Agreement. 8.State Audits. Under Minn. Stat. § 16B.98, Subd. 8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the Board and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant Agreement, receipt and approval of all final reports, or the required period of time to satisfy all State and program retention requirements, whichever is later. 8.1. The books, records, documents, accounting procedures and practices of the Grantee and its designated local units of government and contractors relevant to this grant, may be examined at any time by the Board or Board’s designee and are subject to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and expenditure of grant funds. 9.Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Grant Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. 10.Workers’ Compensation. The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 11.Publicity and Endorsement. 11.1. Publicity. Any publicity regarding the subject matter of this Grant Agreement must identify the Board as the sponsoring agency. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the Program, publications, or services provided resulting from this Grant Agreement. 11.2. Endorsement. The Grantee must not claim that the State endorses its products or services. 12.Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Grant Agreement. Venue for all legal proceedings out of this Grant Agreement, or its breach, must be in the appropriate State or federal court with competent jurisdiction in Ramsey County, Minnesota. 13.Termination. 13.1. The Board may cancel this Grant Agreement at any time, with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 13.2. The Board may immediately terminate this Grant Agreement if the Board finds that there has been a failure to comply with the provisions of this Grant Agreement, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The Board may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.Data Disclosure. Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to Page 72 of 173 DocuSign Envelope ID: FF74FA5F-7406-40B3-AF49-6E03ABC104F6 Page 4 of 4 federal and State tax agencies and State personnel involved in the payment of State obligations. These identification numbers may be used in the enforcement of federal and State tax laws which could result in action requiring the Grantee to file State tax returns and pay delinquent State tax liabilities, if any. 15.Prevailing Wage. It is the responsibility of the Grantee or contractor to pay prevailing wage for projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§ 177.41 through 177.44. All laborers and mechanics employed by grant recipients and subcontractors funded in whole or in part with these State funds shall be paid wages at a rate not less than those prevailing on projects of a character similar in the locality. Bid requests must state the project is subject to prevailing wage. 16.Municipal Contracting Law. Per Minn. Stat. § 471.345, grantees that are municipalities as defined in Subd. 1 of this statute must follow the Uniform Municipal Contracting Law. Supporting documentation of the bidding process utilized to contract services must be included in the Grantee’s financial records, including support documentation justifying a single/sole source bid, if applicable. 17.Constitutional Compliance. It is the responsibility of the Grantee to comply with requirements of the Minnesota Constitution regarding the use of Clean Water Funds to supplement traditional sources of funding. 18.Signage. It is the responsibility of the Grantee to comply with requirements for project signage as provided in Minnesota Laws 2010, Chapter 361, Article 3, Section 5(b) for Clean Water Fund projects. 19.Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this grant. Works means all inventions, improvements, discoveries, (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this grant. Work includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents, or subcontractors, in the performance of this grant. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this grant at the State’s request. To the extent possible, those Works eligible for copyright protection under the United State Copyright Act will be deemed to be “works made for hire.” The Grantee assigns all right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State’s ownership interest in the Works and Documents. IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby. Approved: Dakota SWCD Board of Water and Soil Resources Brian Watson By: Marcey Westrick By: (signature) (signature) District Manager Title: Central Region Manager Title: 1/10/2024 Date: 2/8/2024 Date: Page 73 of 173 Grant Work Plan Projects and Practices 2024 Grant Title: Interstate Valley Creek Streambank Stabilization and Stormwater BMP Project Grant Award ($): $585,000.00 Grant Execution Date: 02/08/2024 Grant ID: C24-0045 Required Match (%): 10 Grant End Date: 12/31/2026 Grantee: Dakota SWCD Required Match ($): $58,500.00 Fiscal Agent: Dakota SWCD Grant Day-to-Day Contact: Brian Watson Total Budgeted Total Spent Balance Remaining* Grant Funds $585,000.00 $0.00 $585,000.00 Match Funds $160,000.00 $0.00 $160,000.00 Other Funds $0.00 $0.00 $0.00 Total $745,000.00 $0.00 $745,000.00 *Grant balance remaining is the difference between the Awarded Amount and the Spent Amount. Other values compare budgeted and spent amounts. Budget Details Activity Name Category Source Type Source Description Budgeted Spent Balance Remaining Match Fund? Administration Administration/Coordination Current State Grant Interstate Valley Creek Streambank Stabilization and Stormwater BMP Project $15,000.00 $15,000.00 N Lower Mississippi River Watershed Project Development Project Development Local Fund $10,000.00 $10,000.00 Y Report created on: 03/07/2024 Generated by iTEXT (https://itextpdf.com/).1 Page 74 of 173 Activity Name Category Source Type Source Description Budgeted Spent Balance Remaining Match Fund? Management Organization Project Development Project Development Current State Grant Interstate Valley Creek Streambank Stabilization and Stormwater BMP Project $20,000.00 $20,000.00 N Streambank and Shoreline Protection Practices Streambank or Shoreline Protection Local Fund $0.00 $0.00 N Streambank and Shoreline Protection Practices Streambank or Shoreline Protection Current State Grant Interstate Valley Creek Streambank Stabilization and Stormwater BMP Project $200,000.00 $200,000.00 N Technical and Engineering Assistance Technical/Engineering Assistance Local Fund Dakota County $50,000.00 $50,000.00 Y Technical and Engineering Assistance Technical/Engineering Assistance Current State Grant Interstate Valley Creek Streambank Stabilization and Stormwater BMP Project $67,500.00 $67,500.00 N Stormwater Best Management Practices Urban Stormwater Management Practices Local Fund City of Mendota Heights $100,000.00 $100,000.00 Y Stormwater Best Management Practices Urban Stormwater Management Practices Current State Grant Interstate Valley Creek Streambank Stabilization and Stormwater BMP Project $282,500.00 $282,500.00 N Report created on: 03/07/2024 Generated by iTEXT (https://itextpdf.com/).2 Page 75 of 173 Indicator Summary Indicator Category Proposed Indicator Total Value Unit Water Pollution (Reduction Estimates) Phosphorus (Est. Reduction)261 Lbs/Yr Water Pollution (Reduction Estimates) Sediment (Tss)2.3 Tons/Yr Water Pollution (Reduction Estimates) Phosphorus (Est. Reduction)9 Lbs/Yr Water Pollution (Reduction Estimates) Sediment (Tss)281.9 Tons/Yr Indicator Category Final Indicator Total Value Unit Grant Activities Activity Name: Administration Activity Category: Administration/Coordination Staff time?: Yes Description: Manage the grant and provide overall administration of funds and match requirements, maintain project files and financial records, provide status reporting into eLINK system, and follow all reporting requirements. Budget Details Source Type Source Description Budgeted Spent Balance Remaining Last Transaction Date Match Fund? Current State Grant Interstate Valley Creek Streambank Stabilization and Stormwater BMP Project $15,000.00 $15,000.00 N Report created on: 03/07/2024 Generated by iTEXT (https://itextpdf.com/).3 Page 76 of 173 Activity Name: Project Development Activity Category: Project Development Staff time?: Yes Description: Project Development will include coordinating with project partners. Partners include City of Mendota Heights(landowner for project areas), Dakota County, Dakota County SWCD, and the Lower Mississippi River Watershed Management Organization). A JPA will be developed between project partners that outlines roles, responsibilities, financial contributions, and future operation and maintenance responsibilities. The final copy of the executed Joint Powers Agreement will be uploaded in eLINK. Project development also includes preparing the scope of work and RFP for project construction, and coordinating with contractors and consultants. Project progress will be documented via a GIS story map website and also social media postings. The Dakota County SWCD, Mendota Heights, and Dakota County will hold a trail opening event with local leaders and the public to highlight the CWF project and greenway project completion. Interpretive signage will be incorporated to communicate the benefits of both the project and CWF programs for local water quality improvement project implementation. Estimated leveraged funds (non-grant and non-match) for project development that occurred prior to grant execution are $10,000. Additional leveraged funds in the form of staff time of city and county staff are expected to occur throughout the project and will be estimated in the actual results for this activity. Budget Details Source Type Source Description Budgeted Spent Balance Remaining Last Transaction Date Match Fund? Local Fund Lower Mississippi River Watershed Management Organization $10,000.00 $10,000.00 Y Current State Grant Interstate Valley Creek Streambank Stabilization and Stormwater BMP Project $20,000.00 $20,000.00 N Report created on: 03/07/2024 Generated by iTEXT (https://itextpdf.com/).4 Page 77 of 173 Activity Name: Stormwater Best Management Practices Activity Category: Urban Stormwater Management Practices Staff time?: No Description: Material and labor costs for a contractor to construct/install stormwater best management practices. Practices will include three BMPs - the Valley Park Wetland infiltration basin, Park Place Filtration Basin, and the Valley Park Wetland weir installation. See Interstate Valley Creek Stabilization and Volume Reduction Study (https://lmrwmo.org/wp-content/uploads/2023/06/FINAL-Interstate-Valley-Creek-Study-20230130-RED.pdf) for practice details. Practices will be constructed to meet appropriate and relevant practice standards, which may include Minnesota Stormwater Manual Standards, Natural Resources Conservation Service (NRCS) practice standards, MnDOT Standard practices, or other standards. Practices will have an effective lifespan of at least 10 years. Practice construction is anticipated to begin in year 1 (2024) and continue into year 2. Estimated pollutant reduction of these practices is 2.3 tons/year of sediment (TSS) and 9 lb/yr of phosphorus (TP). Budget Details Source Type Source Description Budgeted Spent Balance Remaining Last Transaction Date Match Fund? Local Fund City of Mendota Heights $100,000.00 $100,000.00 Y Current State Grant Interstate Valley Creek Streambank Stabilization and Stormwater BMP Project $282,500.00 $282,500.00 N Activity Name: Streambank and Shoreline Protection Practices Activity Category: Streambank or Shoreline Protection Staff time?: No Description: Material and labor costs for a contractor to construct/install streambank stabilization practices. Practices will include 3 BMPs- the Valley Park RTR to Wentworth Streambank Stabilization, the Valley Park Wetland Streambank stabilization, and the Valley Park Playground Streambank Stabilization. See Interstate Valley Creek Stabilization and Volume Reduction Study (https://lmrwmo.org/wp-content/uploads/2023/06/FINAL-Interstate-Valley-Creek-Study-20230130-RED.pdf) for practice details. Practices will be constructed to meet appropriate and relevant practice standards, which may include Minnesota Stormwater Manual Standards, Natural Resources Conservation Service (NRCS) practice standards, MnDOT Standard practices, or other standards. Practices will have a effective lifespan of at least 10 years. Vegetation will follow BWSR's Native Vegetation Establishment and Enhancement Guidelines. Practice construction is anticipated to begin in year 1 (2024) and continue into year 2. Estimated pollutant reduction of these practices is 281.9 tons/year of sediment (TSS) and 261 lb/yr of phosphorus (TP). Budget Details Report created on: 03/07/2024 Generated by iTEXT (https://itextpdf.com/).5 Page 78 of 173 Source Type Source Description Budgeted Spent Balance Remaining Last Transaction Date Match Fund? Local Fund $0.00 $0.00 N Current State Grant Interstate Valley Creek Streambank Stabilization and Stormwater BMP Project $200,000.00 $200,000.00 N Activity Name: Technical and Engineering Assistance Activity Category: Technical/Engineering Assistance Staff time?: No Description: Technical/Engineering will include activities associated with the survey/design, construction oversight, certification, and inspection of installed BMPs. Technical quality assurance design and approval will be provided by the consulting engineer, who will be required to be a Professional Engineer in the State of Minnesota. Appropriate and relevant practice standards will be used for the design, which may include Minnesota Stormwater Manual Standards, Natural Resources Conservation Service (NRCS) practice standards, MnDOT Standard practices, or other standards. This activity has started in year 1 (2024) with project survey and site assessments and is expected to continue through the design, construction, and certification phases of the project. Technical and engineering activities that take place prior to the execution of a grant agreement are not eligible activities for state funds or grant match. Leveraged funds (non-grant and non-match) for technical and engineering assistance that occurred prior to grant execution are estimated at $20,000. Budget Details Source Type Source Description Budgeted Spent Balance Remaining Last Transaction Date Match Fund? Local Fund Dakota County $50,000.00 $50,000.00 Y Current State Grant Interstate Valley Creek Streambank Stabilization and Stormwater BMP Project $67,500.00 $67,500.00 N Report created on: 03/07/2024 Generated by iTEXT (https://itextpdf.com/).6 Page 79 of 173 Page 80 of 173 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: April 2, 2024 AGENDA ITEM: Resolution 2024-11 to Approve Plans and Authorize Advertisement for Bids for the Bridgeview Shores Street Improvements ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Engineering CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: Adopt Resolution 2024-11 approving the Final Plans and Specifications and Authorizing Advertisement for Bids for the Bridgeview Shores Street Improvements BACKGROUND: The preparation of a feasibility report for the Bridgeview Shores Street Improvements, which is required to follow the Minnesota Statutes Chapter 429 process, was authorized by the Mendota Heights City Council by adopting Resolution 2023-55 at the City Council meeting held on September 5, 2023. The Statute 429 process is required because the city intends to assess a portion of the project. The feasibility report for the Bridgeview Shores Street Improvements was accepted by the Mendota Heights City Council and called for a Public Hearing on January 23, 2024, by adopting Resolution 2023- 98 at the December 19, 2023, city council meeting. The recommendation of the feasibility report was to proceed with this project. The proposed streets to be rehabilitated are Arbor Court, Bridgeview Court, Mendota Heights Circle, Monet Court, Monet Lane, Pondhaven Court, Pondhaven Lane, Westview Circle, and Westview Terrace. Based on staff observations, as well as the city’s pavement management system, the majority of these streets have deteriorated to the point where it is no longer cost effective to patch the street and rehabilitation is necessary. Council ordered the Bridgeview Shores Street Improvements at their January 23, 2024, meeting. 6lPage 81 of 173 Due to the size of the bidding package, the final plans and specifications are not included in the packet. The entire plan set is available for viewing at city hall, however plan sheets showing proposed removals, construction, and pavement marking and signage are included (seven sheets in total). There are no proposed roadway configuration changes as part of this project. Proposed improvements include resurfacing the deteriorating bituminous pavement within the project limits, drainage improvements to the intersections of Mendota Heights Road at Monet Court and Monet Lane to include a concrete valley gutter, and sump manhole and raingarden installation to provide water quality and rate control to stormwater runoff where feasible. FISCAL AND RESOURCE IMPACT: The total estimated construction cost of the project is $2,199,722.25, not including indirect costs. PROJECT COSTS ITEM CONSTRUCTION INDIRECT* TOTAL STREET REHAB $1,744,421.25 $436,105.32 $2,180,526.57 SIDEWALK $96,645.50 $24,161.38 $120,806.88 STORM SEWER $231,154.00 $57,788.50 $288,942.50 WATER MAIN $127,501.50 $31,875.38 $159,376.88 Totals $2,199,722.25 $549,930.58 $2,749,652.83 * Includes 25% indirect costs for legal, engineering, administration, and finance. FUNDING SOURCES ITEM COST ESTIMATE ASSESSMENT MUNICIPAL BONDS UTILITY FUNDS S.P.R.W.S. STREET REHAB $2,180,526.57 $705,000.00 $1,475,526.57 SIDEWALK $120,806.88 $120,806.88 STORM SEWER $288,942.50 $288,942.50 WATER MAIN $159,376.88 $159,376.88 Totals $2,749,652.83 $705,000.00 $1,596,333.45 $288,942.50 $159,376.88 The total project cost is estimated at $2,749,652.83. It is presumed that the City would secure bonding for the Municipal Levy and Assessment portions of the project ($1,475,526.57). The assessment amount of $705,000 is equivalent to 32.3% 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. Page 82 of 173 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. ATTACHMENTS: Resolution 2024-11 Excerpt of Final Plans CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government Page 83 of 173 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-11 A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE BRIDGEVIEW SHORES STREET IMPROVEMENT PROJECT WHEREAS, the Public Works Director reported that the proposed improvements and construction thereof were feasible, desirable, necessary, and cost effective, and further reported on the proposed costs of said improvements and construction thereof; and WHEREAS, the City Council has heretofore directed the Public Works Director to proceed with the preparation of plans and specifications thereof; and WHEREAS, the Public Works Director has prepared plans and specifications for said improvements and have presented such plans and specifications to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED; by the Mendota Heights City Council as follows: 1. That the plans and specifications for said improvements be and they are hereby in all respects approved by the City. 2.That the Clerk with the aid and assistance of the Public Works Director be and is hereby, authorized and directed to advertise for bids for said improvements all in accordance with the applicable Minnesota Statutes, such as bids to be received at the City Hall of the City of Mendota Heights by 10:00 A.M., Thursday, April 25, 2024, and at which time they will be publicly opened in the City Council Chambers of the City Hall by the Public Works Director, will then be tabulated, and will then be considered by the City Council at its next regular Council meeting. Adopted by the City Council of the City of Mendota Heights this second day of April, 2024. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor ATTEST: _________________________ Nancy Bauer, City Clerk Page 84 of 173 Page 85 of 173 Page 86 of 173 Page 87 of 173 Page 88 of 173 Page 89 of 173 Page 90 of 173 Page 91 of 173 Page 92 of 173 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: April 2, 2024 AGENDA ITEM: Wetland Delineation Report – 941 Wagon Wheel Trail ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Engineering CONTACT: Krista Spreiter, Natural Resources Coordinator ACTION REQUEST: Approve the Wetland Delineation Report and Joint Water Resources application and authorize staff to issue a Notice of Decision for the parcel located at 941 Wagon Wheel Trail. BACKGROUND: The City Council of Mendota Heights is the Local Governmental Unit (LGU) that administers Chapter 8420 of the Minnesota Wetland Conservation Act (WCA). A Wetland Delineation and Determination Report and Joint Water Resources application has been submitted for the parcel located at 941 Wagon Wheel Trail. The application was submitted by Midwest Natural Resources, Inc. on behalf of the applicant, SD Custom Homes on March 1, 2024. The application was noticed by the City on March 1, 2024. The application and supporting documents were noticed to the members of the Technical Evaluation Panel (TEP). The wetland delineation report identified one wetland basin (identified as Wetland 1) within the investigation area, consisting of .59 acres, and classified as Type 3, Shallow Marsh wetland. Wetland 1 appears on both the National Wetland Inventory and the Public Waters Inventory. FISCAL AND RESOURCE IMPACT: None, this process is a judicial requirement of the city. If council approves the report, a Notice of Decision will be sent to TEP members and their respective agencies (Dakota County SWCD, MN Board of Soil and Water Resources, Lower Mississippi River WMO, and the Army Corps of Engineers), as well as the applicant and any members of the public that requested notice. 6mPage 93 of 173 ATTACHMENTS: Delineation Report and Application CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship ☐Premier Public Services & Infrastructure ☐Inclusive and Responsive Government Page 94 of 173 Project Name: 941 Wagon Wheel Trail, Mendota Heights PART ONE: Applicant Information If applicant is an entity (company, government entity, partnership, etc.), an authorized contact person must be identified. If the applicant is using an agent (consultant, lawyer, or other third party) and has authorized them to act on their behalf, the agent’s contact information must also be provided. Applicant/Landowner Name: SD Custom Homes, Contact: Sean Doyle Mailing Address: 750 Main Street, Suite 223, Mendota Heights, MN 55118 Phone: 651-248-8494 E-mail Address: sean@sd-customhomes.com Authorized Contact (do not complete if same as above): Mailing Address: Phone: E-mail Address: Agent Name: Ken Arndt, Midwest Natural Resources, Inc. Mailing Address: 1032 W. 7th St. Suite 150, St. Paul, MN 55102 Phone: 651-788-0641 E-mail Address: ken.arndt@mnrinc.us PART TWO: Site Location Information County: Dakota City/Township: Mendota Heights Parcel ID and/or Address: 941 Wagon Wheel Trail Legal Description (Section, Township, Range): Section 35, T28N, 23W Lat/Long (decimal degrees): Attach a map showing the location of the site in relation to local streets, roads, highways. (See Fig. 1 of attached report) Approximate size of site (acres) or if a linear project, length (feet): 2.2 acres If you know that your proposal will require an individual Permit from the U.S. Army Corps of Engineers, you must provide the names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to your application or by using block 25 of the Application for Department of the Army permit which can be obtained at: http://www.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/engform_4345_2012oct.pdf PART THREE: General Project/Site Information If this application is related to a delineation approval, exemption determination, jurisdictional determination, or other correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number. Describe the project that is being proposed, the project purpose and need, and schedule for implementation and completion. The project description must fully describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources (wetland, lake, tributary, etc.) and must also include plans and cross section or profile drawings showing the location, character, and dimensions of all proposed activities and aquatic resource impacts. The site is proposed to have a single-family home constructed. Page 95 of 173 Project Name and/or Number: 941 Wagon Wheel Trail, Mendota Heights PART FIVE: Applicant Signature Check here if you are requesting a pre-application consultation with the Corps and LGU based on the information you have provided. Regulatory entities will not initiate a formal application review if this box is checked. By signature below, I attest that the information in this application is complete and accurate. I further attest that I possess the authority to undertake the work described herein. Signature: Date: __________________________ I hereby authorize Ken Arndt to act on my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this application. Attachment A Request for Delineation Review, Wetland Type Determination, or Jurisdictional Determination By submission of the enclosed wetland delineation report, I am requesting that the U.S. Army Corps of Engineers, St. Paul District (Corps) and/or the Wetland Conservation Act Local Government Unit (LGU) provide me with the following (check all that apply): Wetland Type Confirmation Delineation Concurrence. Concurrence with a delineation is a written notification from the Corps and a decision from the LGU concurring, not concurring, or commenting on the boundaries of the aquatic resources delineated on the property. Delineation concurrences are generally valid for five years unless site conditions change. Under this request alone, the Corps will not address the jurisdictional status of the aquatic resources on the property, only the boundaries of the resources within the review area (including wetlands, tributaries, lakes, etc.). Preliminary Jurisdictional Determination. A preliminary jurisdictional determination (PJD) is a non-binding written indication from the Corps that waters, including wetlands, identified on a parcel may be waters of the United States. For purposes of computation of impacts and compensatory mitigation requirements, a permit decision made on the basis of a PJD will treat all waters and wetlands in the review area as if they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be appealed. Approved Jurisdictional Determination. An approved jurisdictional determination (AJD) is an official Corps determination that jurisdictional waters of the United States are either present or absent on the property. AJDs can generally be relied upon by the affected party for five years. An AJD may be appealed through the Corps administrative appeal process. In order for the Corps and LGU to process your request, the wetland delineation must be prepared in accordance with the 1987 Corps of Engineers Wetland Delineation Manual, any approved Regional Supplements to the 1987 Manual, and the Guidelines for Submitting Wetland Delineations in Minnesota (2013). http://www.mvp.usace.army.mil/Missions/Regulatory/DelineationJDGuidance.aspx 2-28-2024 Page 96 of 173 Prepared by: Midwest Natural Resources, Inc. 1032 West 7th Street, Suite 150 St. Paul, Minnesota 55102 www.mnrinc.us Prepared for: SD Custom Homes 750 Main Street, Suite 223 Mendota Heights, MN 55118 WETLAND DELINEATION REPORT 941 WAGON WHEEL TRAIL, MENDOTA HEIGHTS, MN FEBRUARY 28, 2024 Page 97 of 173 1 TABLE OF CONTENTS Table of Contents............................................................................................................................................ 1 Introduction ...................................................................................................................................................... 2 Desktop Review ............................................................................................................................................... 2 Methods ........................................................................................................................................................... 2 Results .............................................................................................................................................................. 2 Wetland ......................................................................................................................................................... 2 Tables Table 1. Delineated Wetland Feature ....................................................................................................... 3 Appendices Appendix A Supporting Site Figures Figure 1. Survey Site Location Figure 2. MN DNR Public Waters Inventory Figure 3. US FWS National Wetlands Inventory Figure 4. Dakota County Soil Survey – SSURGO Soil Map Units Figure 5. Delineated Aquatic Resource Page 98 of 173 2 INTRODUCTION Midwest Natural Resources, Inc. (MNR) was contracted by SD Custom Homes to provide wetland delineation services for the 2.2-acre survey area located at 941 Wagon Wheel Trail in Mendota Heights, Dakota County, Minnesota (Appendix A, Figure 1). On February 12, 2024 MNR conducted a routine wetland delineation within the property to determine any wetland boundaries. In all, the boundary of one wetland fringe of Rogers Lake was delineated within the site. DESKTOP REVIEW Prior to conducting the field survey, MNR staff conducted a desktop review to evaluate existing data within the project area including the following. All data are illustrated in the figures in Appendix A. •MN DNR Public Waters Inventory (PWI) (Figure 2) •US FWS National Wetlands Inventory (NWI) (Figure 3) •Dakota County Soil Survey (Figure 4) •LiDAR elevation •Aerial imagery METHODS The entire survey area was surveyed via pedestrian surveys to investigate the presence of wetlands, and the one potential wetland feature identified in the desktop review was targeted for investigation. This potential wetland area was evaluated utilizing a combination of Routine “On-site” and “Off-site” Determination Methods. The boundary for Wetland 1 was determined primarily on-site by where a change in the topography and plant community occurs between the wetland and adjacent uplands. A common elevation of at or just below 874’ is where the wetland edge was delineated. Due to the time of the year, no soils or wetland hydrology data were able to be collected. Dominant vegetation was recorded and is noted in the description for Wetland 1. The single wetland boundary was recorded spatially with GPS units (Trimble GeoXT 6000) and was flagged in the field. All spatial data was collected in WGS84 and post-processed in ArcMap using Trimble Positions Desktop Add-in. RESULTS MNR conducted the field survey of the site on February12, 2024 and it is noted that the survey area consists of land where a former house was located, areas of unmaintained turfgrass, planted ornamental and evergreen trees, areas of deciduous woodland, and the wetland fringe to Rogers Lake. In total, one feature was mapped within the site, the wetland fringe along Rogers Lake. Wetland One wetland was mapped within the site (Appendix A, Figure 5). On the following page is a table that summarizes the single delineated wetland by Circular 39 type, Cowardin classification, Eggers and Reed Plant Community, and by size in acres followed by a general description of the feature. Page 99 of 173 Midwest Natural Resources, Inc. – 941 Wagon Wheel Trail, Mendota Heights, MN 3 Table 1. Delineated Wetland Feature1 Wetland ID Feature ID Cowardin Classification Circ. 39 Type/s Eggers & Reed Plant Community Type Acres Wetland 1 na PEMC Type 3 Shallow Marsh 0.59 Wetland 1 Wetland 1 is a Type 3 (PEMC; Shallow Marsh) wetland fringe located along the edge of Rogers Lake in the eastern part of the property and is approximately 0.59 acres in area within the surveyed boundary. The wetland fringe continues outside of the survey area as a similar type wetland surrounding the lake. This fringe wetland is dominated primarily by cattails with some reed canary grass within the northern two-thirds of the site. Within the southern part of the site, the wetland fringe becomes very narrow with a lack of emergent vegetation and open water transitions to upland within 10’-15’. Scattered green ash, cottonwood, and box elder trees also were common within the wetland fringe. The DNR updated National Wetlands Inventory (June, 2013) maps the area where Wetland 1 is located as a PEM1C wetland and the MN DNR Public Waters Inventory maps Wetland 1 as part of Rogers Lake, a state public water. Page 100 of 173 Appendix A – Supporting Site Figures Page 101 of 173 !( Lat: 44.874337Long: -93.135489 Survey Site Location SD Custom Homes 941 Wagon Wheel Trail Mendota Heights, MN Figure 1 ´ Survey Area !(Reference Point Sources: OpenStreetMap,US Census Bureau, Date: 2/22/2024 0 500 1,000Feet !(MENDOTA HEIGHTS Page 102 of 173 State Hwy 149State Hwy 110 State Hwy 149Co Rd 43I- 35Unnamed(19010800-W) Unnamed(19011800-W) Unnamed(19022700-W) Unnamed(19011900-W) Rogers(19008000-P)Rogers(19008000-P)Rogers(19008000-P) MN DNR Public Waters Inventory SD Custom Homes 941 Wagon Wheel Trail Mendota Heights, MN Figure 2 ´ Survey Area PWI Stream PWI Waterbody Sources: USDA Farm Service Agency NAIP Imagery, 2021,MnGeo, MN Department of Natural Resources,US Census Bureau, Date: 2/22/2024 0 500 1,000Feet Page 103 of 173 Rogers(19008000-P) Wa g o n W h e e l T r l PEM1C PEM1C PEM1C L2ABHh L2UBH L2UBHL2UBH PEM1C PEM1C PEM1C US FWS National Wetlands Inventory SD Custom Homes 941 Wagon Wheel Trail Mendota Heights, MN Figure 3 ´ Survey Area NWI Wetland - PEM NWI Wetland - L1/L2 Sources: USDA Farm Service Agency NAIP Imagery, 2021,MnGeo, MN Department of Natural Resources,US Fish and Wildlife Service,US Census Bureau, Date: 2/22/2024 0 100 200Feet Page 104 of 173 Rogers(19008000-P) Wa g o n W h e e l T r l Mayer silt loam Quam silt loam Cylinder loam,0 to 2 % slopes Cylinder loam,0 to 2 % slopes Dakota County Soil Survey / SSURGO Soil Map Units SD Custom Homes 941 Wagon Wheel Trail Mendota Heights, MN Figure 4 ´ Survey Area Hydric Soil Non-Hydric Soil Water Sources: USDA Farm Service Agency NAIP Imagery, 2021,MnGeo, MN Department of Natural Resources,USDA Natural Resources Conservation Service,US Census Bureau, Date: 2/22/2024 0 100 200Feet Page 105 of 173 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 876 8 7 2 878 878 8828 7 6 880 874876 872872876 880 876 878880880 87 4 874 876 878 876 87 2874 87 4 Delineated Aquatic ResourceSD Custom Homes941 Wagon Wheel TrailMendota Heights, MN Figure 5 ´ Survey Area (2.2 ac.) Wetland Boundary Wetland Fringe !Wetland Pin Flag Parcels (Dakota County) LiDAR (2' contours) Sources: color Dakota 6 in, 2021,MnGeo, MN Department of Natural Resources,US Census Bureau, Date: 2/29/2024 0 50 100Feet Rogers Lake Wetland 1(fringe)(0.59 ac.) Page 106 of 173 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: April 2, 2024 AGENDA ITEM: Proclaiming April 26, 2024 Arbor Day in Mendota Heights ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Engineering CONTACT: Krista Spreiter, Natural Resources Coordinator ACTION REQUEST: Approve Proclamation 2024-01, proclaiming April 26, 2024 Arbor Day in Mendota Heights. BACKGROUND: Arbor Day is an excellent opportunity for residents to enhance and improve the tree canopy in Mendota Heights by planting and preserving trees of diverse species. Planting trees provides several benefits to property owners including energy savings, improving air quality, combating climate change, providing pollinator and wildlife habitat, and increasing property values. Residents should practice good tree care by checking existing trees for damage and disease, as well as mulching and watering as needed. Thoughtful plans for tree planting and tree maintenance can make a significant difference in the preservation and improvement of the City’s urban forest. Mendota Heights is celebrating Arbor Day in 2024 as part of a week-long Earth and Arbor Day Celebration from Monday, April 22 through Saturday, April 27. The celebration week includes a number of events, including a Picnic in the Park, which takes place Friday April 26 from 4-6:30pm at Market Square. Picnic in the Park will feature the kick-off to Fresh Air Fridays, a new citizen-led initiative to encourage residents to make intentional choices each Friday to reduce their greenhouse gas emissions. Also included will be educational information, giveaways, and drawings; free supplies for a self-led city clean-up event; and family events and programming, announcement of the 2023 Oak Awards recipients, Find Lily the Frog scavenger hunt, and educational tips on social media throughout the week. Details will be provided on social media and the City’s website. FISCAL AND RESOURCE IMPACT: The cost of the Earth and Arbor Day event is estimated at $1,200. This includes prizes, giveaways, and programming. All other costs would be taken from the City’s stormwater budget as well as the City’s forestry budget. 6nPage 107 of 173 ATTACHMENTS: Proclamation 2024-01 CITY COUNCIL PRIORITY: ☒Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☒Inclusive and Responsive Government Page 108 of 173 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PROCLAMATION WHEREAS, in 1872, the Nebraska Board of Agriculture established a special day to be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can be a solution to combat climate change by reducing the erosion of our precious topsoil by wind and water, cutting heating and cooling costs, moderating the temperature, cleaning the air, producing life-giving oxygen, and providing habitat for wildlife; and WHEREAS, trees are a renewable resource, increase property values in our city, enhance the economic vitality of business areas, and beautify our community. NOW, THEREFORE, BE IT RESOLVED, by the Mendota Heights City Council that all citizens are urged to plant trees to promote the well-being of future generations. BE IT FURTHER RESOLVED, by the Mendota Heights City Council as follows: I, Stephanie B. Levine, Mayor of the City of Mendota Heights, do hereby proclaim April 26, 2024 asARBOR DAY in Mendota Heights and I urge all people to celebrate Arbor Day and to support efforts to protect our trees and urban forest. ________________________________________ Stephanie B. Levine Mayor ATTEST: __________________________________________ Nancy Bauer City Clerk Page 109 of 173 Page 110 of 173 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: April 2, 2024 AGENDA ITEM: Work Plan and Contract with Great River Greening for Restoration and Management at the Oheyawahe Preservation Site ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Engineering CONTACT: Krista Spreiter, Natural Resources Coordinator ACTION REQUEST: Approve work plan and authorize staff to sign contract with Great River Greening for native restoration and management at the Oheyawahe Preservation Site. BACKGROUND: Great River Greening, a non-profit conservation organization, has worked with the City to help manage and restore native prairie, oak savanna, and woodland communities at the Oheyawahe Preservation Site since it was acquired. The City intends to continue its partnership with Great River Greening in 2024 to accomplish the tasks included in its 2024 Work Plan for the site (attached). Great River Greening is requesting that the City enter into a contract for the proposed work, which would require the City to contribute $15,000 towards the proposed 2024 restoration and management activities. FISCAL AND RESOURCE IMPACT: The agreement requires $15,000 in funds provided by the City. These funds would be taken from the Natural Resources budget, which includes a budget item for the site in the amount of $15,000 for 2024. ATTACHMENTS: Contract with Great River Greening and 2024 Work Plan CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☒Inclusive and Responsive Government 6oPage 111 of 173 Oheyawahe/Pilot Knob 2024 Work Plan Proposal Seeding/Establishment: Weed pressure continued to be high throughout the 2023 season in the MU-4 unit , and as such additional mowing and prep sprays were necessary to exhaust the seedbank /vigor before considering reseeding. With one m ore s pring spray the site should be ready for seeding . Prep spray (glyphosate, April/May) $500 Seed site (drill or broadcast/cultipack) $1500 (material ) $500 (install labor) Herbaceous Invasives: Site will be monitored for herbaceous invasives throughout the growing season and proposed are visits roughly corresponding to the timeline and target species below. Where possible, we will prioritize non-chemical treatments (spot mowing or mowing), as well as restrict herbicide application from any areas designated by tribal groups as collection zones: •Spring visit (May) to target leafy spurge and other early invasives $2000 •J une/July visits to target crown vetch, burdock, hedge parsley, birds foot trefoil, spotted knapweed, thistles, etc. $2800 •E arly August goldenrod mowing to target overabundant populations $1800 Woody Control: •Mid -summer “critical cut” sweep of project area to target Siberian elm and buckthorn regrowth. $500 Prescribed Burn •In preparation for a spring burn of the south unit in 2024, proposing an early mow and thatch removal of the burn break. This would also include prep around planted oaks/oak groves within the units. $900 •Presc ribed burn (GRG and/or subcontractor)$4500 Engagement Opportunities: •Separate coordination, funded through GRG’s other p rograms. Total: $15,000 Page 112 of 173 Additional Woody Removal (5 acre target) As per the draft management plan for the site, the eastern units (currently unmanaged), are priority targ ets for enhancement, beginning with an intensive woody invasive removal in unit MU-8 Proposed here are tasks per the draft management plan, which would be further refined and delineated in a separate document/contract if the project moves forward. Buckthorn Removal: •Pending conditions, a combination of forestry mowing, cut/treat/stac k /burn, and basal applicat ion $11,500 Invasive Tree Treatment: •Saw girdle (double ring and herbicide treat) all Siberian elm, mulberry, box elder, as well as any /all non-oak species within the drip line of mature oaks (if present) $1200 Woody Invasive Foll ow Up •First f oliar follow up spray of woo dy invasives in removal area. If removal can happen during g rowing season 2024, this could occur in Fall of 2024, otherwise summer/fall of 2025. $2200 •Second foliar follow up o f woody invasives (2025 or 2026) $2000 Reseeding •Broadcast graminoid mix (Winter 2024-2025 or later) $5000 (labor/materials) Herbaceous invasive treatment •Following woody removal, area should be swept for herbaceous invasives in 2025 $2800 •Second year of treatment in 2026 $2800 Total 2024-2026: $27,500 Ac tivities and budget amounts above may change pending discussion with City staff in order to address time-sensitive management needs and priorities, observed conditions, etc. Page 113 of 173 Page 114 of 173 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: April 2, 2024 AGENDA ITEM: Work Plan and Contract with Great River Greening for Restoration and Management within Valley and Rogers Lake Park ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Engineering CONTACT: Krista Spreiter, Natural Resources Coordinator ACTION REQUEST: Approve work plan and authorize contract with Great River Greening for native restoration and management within Valley and Rogers Lake Park BACKGROUND: Great River Greening, a non-profit conservation organization, has worked with the City to help manage and restore native prairie, oak savanna, and woodland communities at both Rogers Lake Park and Valley Park. The City intends to continue its partnership with Great River Greening in 2024 to accomplish the tasks included in its 2024 Work Plan for the sites. Great River Greening is requesting that the City enter into a contract for the proposed work, which would require the City to contribute $26,000 towards the proposed 2024 restoration and management activities at both sites. FISCAL AND RESOURCE IMPACT: The agreement requires $26,000 in funds provided by the City. These funds would be taken from the Natural Resources budget. ATTACHMENTS: Contract with Great River Greening and 2024 Work Plan CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☒Inclusive and Responsive Government 6pPage 115 of 173 CONTRACT Great River Greening 251 Starkey St, Suite 2200 Saint Paul, MN 55107-2016 651-665-9500 Project Name Valley Park/Rogers Lake 2024 Project Location Mendota Heights, MN 55118 PO: ValleyRogers24 Date 3/28/2024 . I.Parties. This contract governs the rights and responsibilities of Great River Greening (hereafter referred to as GRG) and City of Mendota Heights (hereafter referred to as City, where GRG has been retained to perform services for the contracting party). II.Scope of Services. GRG agrees to provide natural resource management services at Rogers Lake Park and Valley Park, owned the City, for an amount not to exceed $26,000.00. Individual budget amounts may be adjusted at the direction of CITY staff in coordination with GRG project manager. Scope of Work detail including target budgets indicated in Exhibit A III.Schedule of Payments. CITY will make payment not totaling more than $26,000.00. This includes GRG staff labor, travel expenses, materials, and any subcontractor expenses. IV.Lim itation of liability. CITY shall indemnify GRG and hold it harmless from and against any loss, claims, liabilities, damages and costs, including reasonable attorney’s fees, related to the Project or the performance of their services pursuant to this Agreement, unless caused by the negligence of GRG, its agents or employees. V.Am endment. This Agreement may be amended only in a written document signed by both parties. VI.Independent Contractors. Each party, its officers, agents and employees are at all times an independent contractor to the other party. Nothing in this Agreement shall be construed to make or render either party or any of its officers, agents, or employees an agent, servant, or employee of, or joint venture of or with, the other. VII.Entire Agreement. This Agreement represents the entire agreement and understanding of the parties hereto with respect to the subject matter of this Agreement, and it supersedes all prior and concurrent agreements, understandings, promises or representations, whether written or oral, made by either party to the other concerning such subject matter. VIII.Insurance. GRG agrees to maintain during the term of this Contract the following insurance: Workers Compensation Insurance, Commercial General Liability (with coverage no more restrictive that that provided for by standard ISO Form CG 00 01 11 88 or CG 00 01 10 93 with standard exclusions "a" through "n") with a minimum limit of $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate for bodily injury and property damages, the limit specified may be satisfied with a combination of primary and Umbrella/Excess Insurance. IX.Waiver. The failure of either party to insist in any one or more instances upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver or relinquishment of the right to enforce or require compliance with such provision. X.Applic able Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Page 116 of 173 XI.Completion. Work for this Project will be performed by December 31, 2024 , unless circumstances beyond GRG’s control that prevents GRG from completing the Project. XII.Termination.  This Agreement may be terminated by GRG for cause at any time upon seven days written notice to the Provider. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto.  This Agreement may be terminated by GRG at any time with or without cause upon thirty-day written notice to the Provider. In the event of such a cancellation, the Provider shall be entitled to payment determined on a pro rata basis for work or services satisfactorily performed. Great River Greening City of Mendota Heights Signature: _____________________________ Signature: _____________________________ Name: Kateri Routh Name: Krista Spreiter Title: Executive Director Title: Natural Resources Technician Date:_____ _________________ __ Date: _______________________________ Authorized Contact Persons The authorized contact person for GRG is: David Schmitz 251 Starkey St, Ste 2200 Saint Paul, MN 55107 612-242-3540 The authorized contact person for CITY is: Krista Spreiter 1101 Victoria Curve Mendota Heights, MN 55118 651-255-1123 Page 117 of 173 Appendix A: Scope of Work and Proposed Budgets Valley Park, Rogers Lake, and Vegetation Mgmt proposal 2024 Valley Park North and South Oak Knob Maintenance: •Spring garlic mustard treatment: We will treat garlic mustard in the cleared area of the north and south oak knobs, as well as the acreage cleared of BT in 2020/2021, and the creekside areas cleared in 2022 near the bridge/parking lot. Chemical will be selected based on the risk of off target damage to desirable native plants, especially sedge populations on the north oak knob, and spring ephemerals on the slope east of the creek. Weed torches or pulling may be considered. Garlic mustard pulling will be considered as an opportunity for volunteer engagement, which will be directed by Greening staff if undertaken. $750 Pollinator Corridor weed control: •Spring spray of entire area that was mowed in 2023. In the areas we plan to seed (2-3 acres), we will broadcast spray, peripheral areas may be a spot spray or broadcast depending on non-native cover present and evidence of native establishment. $4,500 •Drill (where feasible) or broadcast seeding (2 acre minimum, as much as 3 acres if area deemed receptive. For broadcast areas, a drag implement will be used where feasible to increase seed to soil contact. Seed already purchased with state funding (2023). $4,550 •Mid-season establishment mow to control weedy vegetation competition and release native seedlings. 4 acre target. Same mow area as 2023. $8,000 •Spot treatments of herbaceous invasives (either side of mow). 2 treatments. $3,800 Valley Park Total: $21,600 Page 118 of 173 Rogers Lake •Spring Invasives: Focus on garlic mustard/motherwort in the managed area. $900 •Summer Herbaceous Invasives: Primary targets are hedge parsley, thistles, burdock, and other weedy veg. Combination of mowing and spot treatment. $1,200 •Invasive Brush Maintenance: Mid-season critical cut of all woody invasives. $1,400 R ogers Lake Total: $3,500 Rogers Lake and Valley Park Total*: $26,000 Ac tivities and budget amounts above may change pending discussion with City staff in order to address time-sensitive management needs and priorities, observed conditions, etc. Great River Greening will continue to pursue opportunities for these sites to host volunteer events focusing on restoration/enhancement engagement /education, and stewardship, funded by either existing programs or private contributions. *City -direct contracted services only. Total here does not include any match installments to support active grant-funded work projects (known as BIG92, BIG113, PC203). Page 119 of 173 Valley Park, Rogers Lake, and Vegetation Mgmt proposal 2024 Valley Park North and South Oak Knob Maintenance: •Spring garlic mustard treatment: We will treat garlic mustard in the cleared area of the north and south oak knobs, as well as the acreage cleared of BT in 2020/2021, and the creekside areas cleared in 2022 near the bridge/parking lot. Chemical will be selected based on the risk of off target damage to desirable native plants, especially sedge populations on the north oak knob, and spring ephemerals on the slope east of the creek. Weed torches or pulling may be considered. Garlic mustard pulling will be considered as an opportunity for volunteer engagement, which will be directed by Greening staff if undertaken. $750 Pollinator Corridor weed control: •Spring spray of entire area that was mowed in 2023. In the areas we plan to seed (2-3 acres), we will broadcast spray, peripheral areas may be a spot spray or broadcast depending on non- native cover present and evidence of native establishment. $4,500 •Drill (where feasible) or broadcast seeding (2 acre minimum, as much as 3 acres if area deemed receptive. For broadcast areas, a drag implement will be used where feasible to increase seed to soil contact. Seed already purchased with state funding (2023). $4,550 •Mid -season establishment mow to control weedy vegetation competition and release native seedlings. 4 acre target. Same mow are as 2023. $8,000 •Spot treatments of herbaceous invasives (either side of mow). 2 treatments. $3,800 V alley Park Total: $21,600 Page 120 of 173 Rogers Lake •Spring Invasives: Focus on garlic mustard/motherwort in the managed area. $900 •Summer Herbaceous Invasives: Primary targets are hedge parsley, thistles, burdock, and other weedy veg. Combination of mowing and spot treatment. $1,200 •Invasive Brush Maintenance: Mid -season critical cut of all woody invasives. $1,400 Rogers Lake Total : $3,500 Rogers Lake and Valley Park Total *: $26,000 Act ivities and budget amounts above may change pending discussion with City staff in order to address time-sensitive management needs and priorities, observed conditions, etc. Great River Greening will continue to pursue opportunities for these sites to host volunteer events focusing on restoration/enhancement engagement /education, and stewardship, funded by either existing programs or private contributions. *City -direct contracted services only. Total here does not include any match installments to support active grant-funded work projects (known as BIG92, BIG113, PC203). Page 121 of 173 Page 122 of 173 1101 Victoria Curve I Mendota Heights, MN 55118 , 'tlj ��e:rom A HEIGHTS 651.452.1850 phone I 651.452.8940 fax www.mendotaheightsmn.gov Request for City Council Action MEETING DATE: TO: FROM: SUBJECT: BACKGROUND Significant Claims April 2, 2024 Mayor, City Council and City Administrator Kristen Schabacker, Finance Director \r\YiVClaims List Summary '0 'v0 Met Council Environmental Srvcs -March Sewer Service & Feb SAC !v1N Dept of Labor & Industry -Surcharges US Bank -Monthly Transactions Custom Fire Appartus -Equipment Repair -Fire Dakota County Financial Services -2024 Emergency Services/ECU/DPC Fees Grafix Shoppe -Squad Setup -Police Kirchner Contracting -Marie Park Dugouts/Bench Pad Northfield Solar -Utilities City of St Paul -Asphalt Tiny Mobile Robots -Robot Line Striper -Parks Traffic Logix Corporation -Subscription -Police Manual Checks Total System Checks Total Total for the list of claims for the April 2, 2024 City Council meeting RECOMMENDATION $ 139,084.10 $ 5,086.99 $ 14,433.84 $ 8,542.48 $ 38,390.07 $ 4,520.00 $ 7,350.00 $ 7,247.71 $ 9,954.00 $ 39,990.00 $ 3,700.00 $ 162,361.92 $ 176,764.86 $ 339,126.78 Staff recommends that the Mendota Heights City Council approve the list of claims for April 2, 2024. 6qPage 123 of 173 Page 124 of 173 Page 125 of 173 Page 126 of 173 Page 127 of 173 Page 128 of 173 Page 129 of 173 Page 130 of 173 Page 131 of 173 Page 132 of 173 Page 133 of 173 Page 134 of 173 _________________________________________________ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: April 2, 2024 AGENDA ITEM: Just Deeds Project and Resolution 2024-12 ITEM TYPE: ☐Consent ☒ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Police Department CONTACT: Kelly McCarthy, Chief of Police ACTION REQUEST: Students from Two Rivers High School will present information on the Just Deeds Project. Approve Resolution 2024-12 Condemning the use of discriminatory covenants, discharging discriminatory covenants on City-owned property, and approving participation in the Just Deeds Coalition BACKGROUND: Racial covenants are contractual agreements that prohibit the purchase, lease, or occupation of properties by groups of people who are members of religious, racial, or ethnic minorities. Just Deeds is a coalition of cross-disciplinary organizations whose goal is to acknowledge the harm caused by discriminatory covenants and actively work to dismantle structural and institutional racism through education and action. Coalition participants include Mapping Prejudice, the Minnesota Association of City Attorneys, Edina Realty Title, the Minneapolis Area Association of Realtors, and the St. Paul Area Association of Realtors. There are 234 unique addresses in Mendota Heights that have racially restrictive covenants, including parcel 274530000174 and parcel 274530000173 that is owned by the City of Mendota Heights. The covenant attached to this parcel reads, “No person of any race other than the Caucasian race shall own, use or occupy any building on said premises, except that this covenant shall not prevent domestic servants of a different race, employed by and domiciled with an owner or tenant from living therein.” Resolution 2024-12 condemns the use of discriminatory covenants, seeks to discharges discriminatory covenants on city-owned property, and approving participation in the Just Deeds Coalition. 7aPage 135 of 173 FISCAL AND RESOURCE IMPACT: None ATTACHMENTS: Resolution 2024-12 CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship ☐Premier Public Services & Infrastructure ☒Inclusive & Responsive Government Page 136 of 173 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2024 –12 RESOLUTION CONDEMNING THE USE OF DISCRIMINATORY COVENANTS, DISCHARGING DISCRIMINATORY COVENANTS ON CITY-OWNED PROPERTY, AND APPROVING PARTICIPATION IN THE JUST DEEDS COALITION WHEREAS, discriminatory covenants were tools used by real estate developers to prevent Black, Indigenous, People of Color (BIPOC) and non-Christian individuals from buying or occupying property in certain areas, and they were common throughout the United States from the early 1900s to the 1960s; and WHEREAS, the purpose of discriminatory covenants was to racially and religiously homogenize communities by excluding BIPOC and non-Christian individuals from Mendota Heights. These tools segregated the metro area and built a hidden system of apartheid; and WHEREAS, in 2016, the University of Minnesota founded Mapping Prejudice to expose the racist practices that shaped the landscape of the metro area. Mapping Prejudice researched restrictive covenants in Minnesota and created the first-ever comprehensive map of racial covenants in an American city. The project mapped 255 restrictive covenants in Mendota Heights; and WHEREAS, an example of a common covenant in Mendota Heights declared that “No part of said premises shall ever be used or occupied by or sold, conveyed, leased, rented or given to Negroes, or Mongolians or Hebrews or any person or persons of the negro race, or Mongolian race or Hebrew race or blood; and WHEREAS, the City of Mendota Heights owns two parcels of land that contain a discriminatory covenant, parcel ID 274530000174 and parcel ID 274530000173; and WHEREAS, restrictive covenants are no longer enforceable. Legal efforts to eliminate Discriminatory Covenants include Shelley v. Kraemer, 334 U.S. 1 (1948), in which the United States Supreme Court prohibited courts from enforcing Discriminatory Covenants and the Minnesota legislature in 1953 enacted statutes that prohibited new covenants, but existing covenants were still legal in Minnesota until 1962; and WHEREAS, as a result of these judicial and legislative actions, today, Minnesota law and federal law prohibit discrimination in the sale or lease of housing based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status and those state and federal prohibitions extend to the refusal to sell or to circulate, post or cause to be printed, Page 137 of 173 circulated, or posted, any limitation, specification, or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status; and WHEREAS, in 2019, the Minnesota Legislature passed a law authorizing property owners to individually discharge or renounce discriminatory covenants by recording a discharge form in the county property records; and WHEREAS, discriminatory covenants promoted and established residential racial segregation, which historically and currently has impacted property ownership, accumulation of wealth, property transfers, mortgage eligibility, rental eligibility, property values, property tax base, internet access, and more. Discriminatory covenants fortified systemic racism and compounded economic divestment in specific communities within Dakota County; and WHEREAS, the State of Minnesota, including the City of Mendota Heights, recognizes the harm that Discriminatory Covenants—and the racial, religious, and other discriminatory practices that they represent—cause to society in general and to the individuals who are adversely affected by racial, religious, and other discrimination through the presence of discriminatory covenants in the public land records. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights that: 1.The City of Mendota Heights regrets and condemns the past use of discriminatory covenants and prohibits discriminatory covenants from being used in the future. 2.The City Attorney is directed to investigate and to identify any real property owned or leased by the City that contains discriminatory covenants and to prepare and record an affidavit or request an examiner’s directive discharging such discriminatory covenants pursuant to Minnesota Statute § 507.18, subd. 5. Adopted by the City Council of Mendota Heights, Minnesota this 2nd day of April 2024. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor ATTEST: Nancy Bauer, City Clerk Page 138 of 173 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: April 2, 2024 AGENDA ITEM: Marie Avenue Noise and Void Study ITEM TYPE: ☐Consent ☐ Presentation/Recognition ☐ Public Hearing ☒New/Unfinished Business DEPARTMENT: Engineering CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: The Council asked to hear a presentation on the Marie Avenue Bridge Study regarding Noise and Void beneath the Bridge. If Council desires to proceed the with the study modifications, a consultant proposal is also approved to develop plans, solicit bids, and coordinate the modifications. BACKGROUND: The city of Mendota Heights constructed a land bridge in 1974 to bridge soft soils. This bridge was rehabilitated in 2020 as part of the Marie Avenue Street Improvements which installed a concrete wearing course. After completion of the rehabilitation work in 2020, the city has received complaints of excessive noise from the concrete surface. Also, during construction, a void underneath the bridge was discovered. The attached study identifies grinding the existing surface, modifying the approach joints, and inserting a poly foam in the small section near the south east edge of the bridge. These projects could be done on their own, or as a package. The Council could also select to not perform either modification. FISCAL AND RESOURCE IMPACT: The improvements are estimated at $45,000 to grind down the tines on the bridge, and $82,000 to fill in some of the void space on the south edge of the bridge where settlements are occurring. The proposal from the consultant would be an additional $37,200 to develop plans, solicit bids, and manage the construction. 9aPage 139 of 173 This work is State Aid eligible for the $127,000 of improvements. State Aid will cap the engineering at 25% or $32,250. The original study with Bolton & Menk was $25,455. The city will need to utilize alternate funding for the overage ($30k). The infrastructure fund would have funds for the difference and staff would work with finance on the funding source. ATTACHMENTS: Marie Avenue Bridge Design Proposal and Report CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government Page 140 of 173 Page 141 of 173 Page 142 of 173 Page 143 of 173 Page 144 of 173 Page 145 of 173 Page 146 of 173 Page 147 of 173 Page 148 of 173 Page 149 of 173 Page 150 of 173 Page 151 of 173 Page 152 of 173 Page 153 of 173 Page 154 of 173 Page 155 of 173 Page 156 of 173 Page 157 of 173 Page 158 of 173 Page 159 of 173 Page 160 of 173 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: April 2, 2024 AGENDA ITEM: Living Streets Policy ITEM TYPE: ☐Consent ☐ Presentation/Recognition ☐ Public Hearing ☒New/Unfinished Business DEPARTMENT: Engineering CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: Adopt the Living Streets Policy as described for implementation on all future transportation projects. BACKGROUND: In March of 2021, the City Council previously directed staff to join the Minnesota GreenStep Cities program; a voluntary challenge, assistance and recognition program that provides framework to help cities achieve their economic, environmental, and quality-of-life goals based upon 29 best practices. As part of this best practice framework and encouraged, but not mandated, by Minnesota State Statute 174.75, Cities may adopt a Complete Streets Policy. Complete streets refers to the “planning, scoping, design, implementation, operation, and maintenance of roads in order to reasonably address the safety and accessibility needs of users of all ages and abilities. Complete streets consider the needs of motorists, pedestrians, transit users and vehicles, bicyclists, and commercial and emergency vehicles moving along and across roads, intersections, and crossings in a manner that is sensitive to the local context and recognizes that the needs vary in urban, suburban, and rural settings.” Living streets include all elements and considerations of complete streets with an additional emphasis on environmental impacts and quality of life aspects. This policy is intended to provide additional guidance for the planning, design, construction, operation, and maintenance of all streets within the city. FISCAL AND RESOURCE IMPACT: There are none at this time. The GreenStep Cities program is a free voluntary program. Public transportation projects adhering to the Living Streets Policy will be funded by conventional methods as identified within the city’s annual Capital Improvement Plan (CIP). 9bPage 161 of 173 ATTACHMENTS: Living Streets Policy CITY COUNCIL PRIORITY: ☒Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship☒Premier Public Services & Infrastructure ☒Inclusive and Responsive Government Page 162 of 173 CITY OF MENDOTA HEIGHTS LIVING STREETS POLICY March 28, 2024 I. INTRODUCTION The City of Mendota Heights shall commit to the “Living Streets” framework in accordance with the provisions set forth in this policy on all future transportation projects. Living Streets refers to street design that provides for multiple modes of transportation as well as reduces environmental impacts and improves quality of life aspects. II. PURPOSE The Living Streets Policy will guide the planning, design, construction, operation, and maintenance of all streets within the city. The policy shall apply to all new construction and reconstruction of streets, as well as to all retrofit, rehabilitation, and resurfacing projects. III. POLICY All transportation projects including city, county, state, and private development with construction impacting the public way shall promote the goals of a Living Street during all phases of planning, design, and construction. The goals of a Living Street design include enabling safe, convenient, and comfortable travel and access for users of all ages and abilities, regardless of their mode of transportation, with an additional emphasis on quality of life aspects. IV. PROCEDURE The following framework provides steps and guidance as to how the Living Streets Policy will be implemented and effective within the City of Mendota Heights. A.City staff of the Engineering Department are required to review all public and private transportation projects initiated after April 2, 2024, including those identified within the Capital Improvement Plan (CIP), impacting public right-of-way for implementation of the following guidelines. The project manager for a given project shall submit to City staff the Living Streets Worksheet for review, attached as Appendix A. Following review, if the project does not meet the intentions of the Living Streets Policy, City staff shall provide recommended changes. No deviations or exceptions to the worksheet or plans will be made without written request and approval of the Public Works Director once the worksheet has been reviewed and the plans have been approved for construction. Guidelines: 1. Consideration must be made for all users in the planning, design, construction, operation, and maintenance of all streets, including but not limited to, pedestrians, bicyclists, transit users, motorists, and persons with disabilities. Page 163 of 173 2. Projects shall strive to create a connected network of streets and trails that provides safe and convenient travel options for all users and destinations. Accommodations must be made for all modes of transportation for continued safe and efficient use of the right-of-way during construction or other such impairment activities. 3. Prioritize the safety of all users, with a focus on reducing the number of fatalities and serious injuries resulting from traffic crashes, and include traffic calming improvements where feasible. 4. Encourage the use of sustainable modes of transportation, such as walking, biking, and transit, by providing safe and convenient infrastructure for these modes unless one more of the following conditions are met for an exception: a. Constructing such facilities would no longer be cost effective toward the benefit of the improvement, in which case alternative design options shall be considered for feasibility, exceeds budget costs, or negatively impacts an adjacent property valuation. b. Specific corridors may exclude certain transportation modes, such as interstate freeways, and may not require accommodation for specific users. However, exclusion of certain users on particular corridors should not exempt projects from accommodating other permitted users and alternative options for excluded users shall be considered. c. Facilities have already been programmed for in a future improvement project similar in scope and location. Future facilities and improvements shall be selected and prioritized where only a single transportation mode is available and may include revising a project timeline and subsequent funding to prioritize implementation of additional modes. d. Severe limitations are imposed by topography and/or natural resources such that improvements are no longer equitable to construct or maintain. 5. Ensure that all streets are designed and operated to be accessible to persons with disabilities, in compliance with the Americans with Disabilities Act (ADA) and other applicable laws and regulations. 6. Engage with the community and stakeholders throughout the planning, design, construction, operation, and maintenance of all streets, to ensure that the needs and concerns of all users are considered and addressed. Project owners shall engage the community during the planning phase by conventional means including, but not limited to, mailed questionnaires, project websites, or other such means that allows for community input on a proposed project. Projects owners shall notify the impacted public within a project corridor as to any exclusions of a particular mode of transportation including the mode of transportation as well as justification to exclude. 7. Identify any opportunities to feasibly improve quality of life aspects by reducing environmental impacts or improving sustainability such as, but not limited to: a. Reducing a project’s impervious surface footprint to include additional greenspace, screening, or shading. Page 164 of 173 b. Improving the quality of stormwater runoff and maximizing infiltration by use of rain gardens, sump manholes, or other approved best management practices for pre-treatment. c. Promoting a sustainable future; consider including infrastructure such as Electric Vehicle (EV) charging stations and giving thought to ridesharing and transit opportunities. Review for additional opportunities to include sustainable infrastructure and efficiencies within site specific context. 8. Deliver benefits to all users equitably with an additional focus on a corridor’s most vulnerable and disadvantaged users by prioritizing infrastructure in underinvested and underserved communities. The decision-making process shall factor into account the context of a community. 9. Mitigate unintended consequences such as involuntary displacement or conflicting uses of transportation modes. 10. Provide economic benefits by lowering initial costs, reducing long-term maintenance and reconstruction costs, and increasing property value. 11. Consideration shall be made for the adjacent and surrounding land uses to integrate into the transportation planning such as providing additional transportation modes to schools or parks in otherwise underserved connections. B.Living Streets shall be designed to be cognizant of the immediate, and surrounding, environment. Interagency coordination is required and careful consideration shall be made not to exclude the needs for any traveler’s mode of choice or safety and shall be designed for in accordance with the most recent city, county, state, and federal design standards and guidelines. C.All proposed transportation projects within the City of Mendota Heights shall be reviewed to implement the goals of a Living Street by City staff of the Engineering Department. Living Streets shall be implemented such that improvements are cost effective, meets a community’s ideals, and includes consideration for all users. Living Streets are intended to be comparable or less in cost to new construction or reconstruction. The Living Streets Policy does not restrict, advise to, or include any revisions to the City’s Street Assessment Policy in effect at the time of a project. D.City staff shall document and report projects and improvements as they are completed to GreenStep Cities as recommended. The Public Works Department can provide annual Living Streets updates at City Council’s request. V. RESPONSIBILITY The Living Streets Policy shall be administered and implemented by virtue of the City’s Engineering Department, within the Public Works Department. All transportation projects shall be reviewed in accordance with the guidelines of Appendix A: Living Streets Worksheet. Project Managers are responsible for including all provisions and improvements during construction identified within the Living Streets Policy and Worksheet. Page 165 of 173 APPENDIX A: LIVING STREETS WORKSHEET 1 APPENDIX A: LIVING STREETS WORKSHEET The Living Streets Worksheet is envisioned to be used as a guide when reviewing any proposed transportation projects. All transportation projects including public and private development with construction impacting the public way shall promote the goals of a Living Street design during all phases of planning, design, and construction. The goals of a Living Street design include enabling safe, convenient, and comfortable travel and access for users of all ages and abilities, regardless of their mode of transportation, with an additional emphasis on quality of life aspects. The purpose of this worksheet is to verify any proposed transportation project meets the goals promoted by the Living Streets Policy and guide implementation of the policy. All proposed projects shall be designed in accordance with the most recent local, county, state, and federal standards and guidelines. Supporting reference material should be used when completing the worksheet including, but not limited to, any local, county, state, or federal Comprehensive, Transportation, and/or Master Plans. The Living Streets Worksheet is available in an electronic format as requested. PROJECT INFORMATION Project Name Project Location (Roadway Name, Start, & End Point; Include Map Attachment) Roadway Classification Roadway Jurisdiction Project Manager Page 166 of 173 APPENDIX A: LIVING STREETS WORKSHEET 2 SITE AND COMMUNITY CONTEXT 1) Describe the existing site conditions or area of study. Include information regarding general land use, traits of the community such as new development or historic corridor, adjacent planned development, as well as existing sociodemographic and health status information. 2) What are the existing on-street and off-street multimodal accommodations within the project corridor? Include all modes within the project vicinity (i.e. trails, sidewalks, transit routes, bicycle lanes, etc.) or how far the nearest facility is. 3) Describe the proposed on-street and off-street multimodal accommodations. Identify any proposed connections to adjacent facilities. 4) Attach, or sketch, both the existing and proposed cross section for the project corridor. Include multiple sections if site conditions vary and identify all pertinent elements and dimensions. Page 167 of 173 APPENDIX A: LIVING STREETS WORKSHEET 3 5) Describe the existing stormwater runoff management and drainage patterns within the project corridor. Identify any impaired water bodies within, or adjacent to, the site as identified by the state and any existing pre-treatment devices or methods used for improving rate control, infiltration, or stormwater quality. 6) Are there any existing quality of life benefits within the project limits (i.e. trees offering shade along a boulevard, Electric Vehicle (EV) charging stations, etc)? 7) Do any adopted local, county, state, or federal plans call for any multimodal improvements to any facilities within the project corridor? If yes, list applicable plan(s) and improvement(s). 8) Does the project include any multimodal, stormwater, or sustainability improvements as called for by any local, county, state, or federal policies? If yes, list applicable policy(s) and improvement(s). Page 168 of 173 APPENDIX A: LIVING STREETS WORKSHEET 4 TRANSPORTATION BASIS 9) Fill out the table below to describe the corridor’s volume distribution for available information. Description Existing Volume Projected Volume (10-year) Average Daily Traffic Passenger Car Volume Heavy Vehicle Volume Pedestrian Count Bicycle Count 10)Describe the existing and anticipated future trip generators for all users. Include amenities or districts contributing to all users within project limits. 11)Identify any known crash data or conflict points within the project corridor. Include any information available pertaining to location, frequency, duration of period covered, and trends between modes. Additional stakeholder and community input may be required to obtain information needed. Page 169 of 173 APPENDIX A: LIVING STREETS WORKSHEET 5 12)What are the existing vehicle speed conditions? Identify the posted speed limit for the proposed roadway(s) and intersecting streets. Provide any known speed data or location specific speeding issues within the project limits. 13)List any intersections within the project limits between multiple functional roadway classifications. 14)Identify if there are any other classifications within the project corridor such as an emergency vehicle route, transit route, or any other designated route. 15)Does existing pedestrian infrastructure within the project limits comply with current local, county, state, and federal guidelines? Page 170 of 173 APPENDIX A: LIVING STREETS WORKSHEET 6 PROJECT GOALS 16)Identify any known existing or anticipated design deficiencies within the project corridor related to multimodal facilities, stormwater management, or sustainability. 17)Develop and describe the goals for the proposed corridor as they relate to the goals of a Living Street. 18)What multimodal facility improvements are proposed to be included within the project corridor? This may include additional trail network, traffic calming efforts, pavement marking changes, etc. Describe all improvements, locations, and decision-making process. Page 171 of 173 APPENDIX A: LIVING STREETS WORKSHEET 7 19)Describe all considerations made for additional, or alternative, multimodal facilities that are not proposed to be included within the project corridor. Include information as to why each improvement was not included. 20)What stormwater runoff improvements are proposed to be included within the project corridor? This may include raingardens, sump manholes, or other pre-treatment devices or methods. Describe all improvements, locations, and decision-making process. 21)What reductions for environmental impacts or sustainable improvements are proposed to be included within the project corridor? This may include reducing the impervious surface footprint within a project, including an Electric Vehicle (EV) charging station within the corridor, or supporting active transportation to benefit the public health while reducing environmental impacts. Describe all improvements, locations, and decision- making process. Page 172 of 173 APPENDIX A: LIVING STREETS WORKSHEET 8 22)Describe all considerations made for additional, or alternative, environmental impact reductions or stormwater and sustainable improvements that are not proposed to be included within the project corridor. Include information as to why each improvement was not included. 23)Identify cost savings, benefits, and considerations. What improvements will provide cost savings for long term maintenance or reconstruction? IMPLEMENTATION 24)Who are the key personnel related to the project and what are their responsibilities? Identify the project manager, stakeholders, etc. Include any additional project information related to construction such as maintaining access for all users and project schedule. 25)Describe the required maintenance routines for all improvements identified within the worksheet. Include information regarding what the maintenance efforts include, how often maintenance will be required, and responsible party(s) for all improvements. Page 173 of 173