2021-04-06 Council agenda packetCITY OF MENDOTA HEIGHTS
CITY COUNCIL AGENDA
April 6, 2021 – 6:00 pm
Mendota Heights City Hall
MN Stat. 13D.021 - Meeting by telephone or other electronic means: Conditions - MN stat. 13D.021 provides that a meeting of a public body
may be conducted via telephone or other electronic means if meeting in a public location is not practical or prudent because of a health
pandemic or declared emergency.
At its meeting on March 17, 2020, the Mendota Heights City Council declared a local emergency due to the COVID-19 pandemic. As a part of
this action, until further notice all City Council and committee meetings will be held by telephone or through other electronic means, with
social distancing measures in place. All public meetings will continue to follow the requirements of the Minnesota Open Meeting Law.
Note that while all or most of the members of the City Council will be participating remotely, the Council Chambers will be open to the public
during this meeting, assuming that social distancing protocols are followed. Interested individuals may access the meeting by using the
meeting connection information below.
With both the log-in or dial-in options, the line will be muted. Observers wishing to make comments on any of the agenda items will need to
contact the City Clerk no later than 12 noon on the day of the meeting, and provide their contact information and the agenda item which
they want to address. Note that any applicable long-distance telephone charges may apply.
Public Attendance via telephone: 1-312-535-8110; Meeting Access Code: 133 946 7246 # #
To watch City Council meetings, tune in to Comcast Cable Channel 18 or view online at
https://www.townsquare.tv/webstreaming during the posted meeting times.
Meetings can also be viewed on demand, after the original airing, at https://www.townsquare.tv/webstreaming .
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Adopt Agenda
5. Consent Agenda
a. Approve March 16, 2021 City Council Minutes
b. Approve March 16, 2021 Council Closed Session Minutes
c. Acknowledge January 20, 2021 Airport Relations Commission Meeting Minutes
d. Approve Out of State Training Request from Police Department
e. Approve Police Department Cameras Purchase
f. Approve Police Department Purchase of Bolo-wrap Equipment
g. Approve 2021 Workers Comp Insurance Renewal
h. Approve Public Works Purchase of Skid-Steer Loader
i. Approve MHAA Tournament Fee Waiver
j. Approve Resolution 2021-26 Appoint Student Rep to Parks and Recreation Commission
k. Award Contract for Somerset Sewer Project
l. Approve Solicitation of Requests for Proposals for Sewer Rate Study
m. Approve Final Payment for Delaware Avenue Reconstruction Project
n. Approve City Sponsorship of 2021 4th of July Fireworks
o. Approve Fire Synopsis
p. Approval of Claims List
6.Citizen Comment Period (for items not on the agenda)
*See guidelines below
7.Public Hearing
a.Resolution 2021-27 Ivy Falls East Neighborhood Improvements
8.New and Unfinished Business
a.Consider Participation in “Open To Business” Program
b.Discuss Options for Old Sibley Memorial Highway Turn-back
c.Presentation of Quarterly Update for 2021-22 City Council Strategic Priorities
d.Approve Field and Facility Use Policy Amendment-Tennis
e.Approve Proposal for Parks Strategic Planning Facilitation
f.Set Date for Council Work Session
9.Community Announcements
10.Council Comments
11.Adjourn
Guidelines for Citizen Comment Period: The Citizen Comments section of the agenda provides an
opportunity for the public to address the Council on items which are not on the agenda. All are welcome
to speak.
Comments should be directed to the Mayor. Comments will be limited to 5 minutes per person and topic;
presentations which are longer than five minutes will need to be scheduled with the City Clerk to appear
on a future City Council agenda. Comments should not be repetitious.
Citizen comments may not be used to air personal attacks, to air personality grievances, to make political
endorsements, or for political campaign purposes. Council members will not enter into a dialogue with
citizens, nor will any decisions be made at that presentation.
Questions from the Council will be for clarification only. Citizen comments will not be used as a time for
problem solving or reacting to the comments made, but rather for hearing the citizen for information
only. If appropriate, the Mayor may assign staff for follow up to the issues raised.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, March 16, 2021
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights,
Minnesota was held at 6:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
CALL TO ORDER
Mayor Levine called the meeting to order at 6:00 p.m. Councilors Duggan, Paper, Mazzitello, and Miller,
were also present via Webex.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
Mayor Levine noted that the City Council met in closed session tonight at 5:00 p.m. with the City Attorney
to pending litigation in the case of Lawrence J. Culligan and Mary Culligan, Trustees of Lawrence J.
Culligan Revocable Trust under Agreement dated June 21, 2001, as amended vs City of Mendota Heights,
Court File No. 19-HA-CV-21-527. The Mayor announced that the Council did not take any action during
the meeting.
AGENDA ADOPTION
Mayor Levine presented the agenda for adoption. Councilor Duggan moved adoption of the agenda.
Councilor Mazzitello seconded the motion.
A roll call vote was performed:
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
CONSENT CALENDAR
Mayor Levine presented the consent calendar and explained the procedure for discussion and approval.
Councilor Duggan moved approval of the consent calendar as presented.
a. Approval of March 2, 2021 City Council Minutes
b. Approval of March 8, 2021 Council Work Session Minutes
c. Authorize 2020 Auditing Services with BerganKDV
d. Approve Purchase Order for 4 Column Jacks for the Public Works Garage
e. Approve Purchase Order for Tire Changer and Wheel Balancer
f. Approve Bids for 2021 Street Sweeping
g. Approve Treasurer’s Report
h. Approval of Claims List
i. Approve Building Activity Report
j. Acknowledge February 9, 2021 Park and Rec Minutes
Councilor Paper seconded the motion.
A roll call vote was performed:
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
Councilor Duggan aye
PUBLIC COMMENTS
No one from the public wished to be heard.
PUBLIC HEARING
A) RESOLUTION 2021-25 ESTABLISH A TAX INCREMENT FINANCING DISTRICT NO. 3
(ENDEAVOR), A BUSINESS SUBSIDY POLICY, AND A TIF AGREEMENT WITH
ENDEAVOR DEVELOPMENT LLC
Councilor Miller moved to open the public hearing.
Councilor Duggan seconded the motion.
A roll call vote was performed:
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
Councilor Duggan aye
Councilor Mazzitello aye
Community Development Director Tim Benetti noted that Ehlers was not yet present at the meeting and
requested that this item be delayed until the representative is present later in this meeting.
Councilor Duggan moved to postpone the public hearing.
Councilor Mazzitello seconded the motion.
A roll call vote was performed:
Councilor Paper aye
Mayor Levine aye
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller aye
NEW AND UNFINISHED BUSINESS
A) RESOLUTION 2021-23 APPOINT JEFFREY HAMIEL TO AIRPORTS RELATIONS
COMMISSION
Councilor Miller provided background information and stated that the Council is asked to appoint Jeffrey
Hamiel to the Airport Relations Commission (ARC).
Councilor Paper commented that Mr. Hamiel was recognized in the Minnesota Business Hall of Fame for
his work. He commented that the City is extraordinarily lucky to have him step into this position.
Councilor Miller moved to adopt RESOLUTION 2021-23 APPOINTING JEFFREY W. HAMIEL TO
FILL AN UNEXPIRED TERM ON THE AIRPORT RELATIONS COMMISSION.
Councilor Duggan seconded the motion.
A roll call vote was performed:
Mayor Levine aye
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Mayor Levine welcomed Mr. Hamiel to ARC.
B) REQUEST TURNBACK OF STATE RIGHT-OF-WAY OVER CITY STREETS
Public Works Director Ryan Ruzek stated the Council was being asked to authorize the Public Works
Director to formally request a turnback of State right-of-way over certain City streets, including Acacia
Boulevard, Condon Court, Mendota Heights Road, Pilot Knob Road, Wagon Wheel Trail, Waters Drive,
and Valencour Circle.
Councilor Duggan asked the estimated costs to maintain these streets going forward. Mr. Ruzek reviewed
the prior road work that was completed on the roads in question. He explained the MnDOT policies related
to turnbacks and noted that the roadways are in relatively good condition and could be repaired within the
City’s CIP. He stated that he has not yet calculated the total miles of these roadway sections.
Councilor Mazzitello commented in 2008 the City accepted a number of rights-of-way which were
highway frontage roads where no upgrade or improvement had been made and no compensation was
received for those improvements. He noted that the City is still struggling to determine how to finance
those improvements. He stated that he would have no objection to accepting the roads that have already
been repaired recently, but he would have objection to Waters Drive. He tasked City staff to return to
MnDOT to determine if there could be an exception to the policy. Mr. Ruzek commented that MnDOT
has expressed urgency in wanting to turnback these roadways. He stated that if the direction came from
the Council, it would provide more weight in the request. He noted that he could ask a representative
from MnDOT to attend a future meeting to discuss that.
Councilor Mazzitello moved to authorize the PUBLIC WORKS DIRECTOR TO REQUEST A
TURNBACK OF EXCESS RIGHT-OF-WAY WITH A FURTHER REQUEST THAT MNDOT
EXPLORE ALL OPPORTUNITIES TO PROVIDE AN UPGRADE PROJECT OR COMPENSATION
FOR WATERS DRIVE.
Councilor Miller seconded the motion.
Further discussion: Councilor Paper commented that it is his understanding that when the City makes
these improvements, we cannot assess the State for that work. Mr. Ruzek confirmed that, noting that the
City policy relies on assessments for a portion of the costs for road work and that becomes difficult when
we cannot assess the related properties.
Councilor Paper commented that the City would have to pay for the improvement of Valencour Circle
regardless of who owns the right-of-way. He asked if the City gains anything for accepting these rights-
of-way. Mr. Ruzek replied that, on Valencour, the City owns land in addition to right-of-way. The City
has rebuilt these rights-of-way in the local roadway manner without meeting additional State standards.
If the rights-of-way are City owned, we would have control and could construct trails on the property.
Councilor Paper asked if Councilor Mazzitello’s comments are related to the past turnback experience
which left the City looking for a way to fund needed improvements. Councilor Mazzitello agreed and
commented that the City already maintains the roadways within these rights-of-ways, it simply required
an additional step to work within the right-of-way. He stated that if the City could find a funding method
to reduce dependency on assessments, it could better address these repairs.
A roll call vote was performed:
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
PUBLIC HEARING (CONTINUED)
A) RESOLUTION 2021-25 ESTABLISH A TAX INCREMENT FINANCING DISTRICT NO. 3
(ENDEAVOR), A BUSINESS SUBSIDY POLICY, AND A TIF AGREEMENT WITH
ENDEAVOR DEVELOPMENT LLC
Councilor Duggan moved to reopen the public hearing.
Councilor Miller seconded the motion.
A roll call vote was performed:
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
Councilor Duggan aye
Community Development Director Tim Benetti explained that the Council was being asked to conduct a
public hearing and adopt the following items for the creation of Tax Increment Financing (TIF) District
No. 3: (1)Mendota Heights Business Subsidy Plan; (2)plan for the modifications to the Development
Program for Municipal Development District No. 1 and establishment of Tax Increment Financing District
No. 3; and (3)Development Agreement between City of Mendota Heights and Pilot Knob BC, LLC.
Stacie Kvilvang, representing Ehlers, reviewed background information on the proposed Endeavor
development and the actions before the Council tonight. She provided additional details on the proposed
Business Subsidy Policy, TIF District, and TIF Agreement.
Councilor Miller asked why this would be called TIF District No. 3. Ms. Kvilvang replied that the City
already has Districts 1 and 2 and therefore this would be District 3.
Councilor Miller asked the impact on the public school system. Ms. Kvilvang replied that a TIF District
does not impact a School District. She stated that schools are funded by number of pupils through the
State.
Councilor Paper commented that TIF District No. 2 is the old Mendota Motel site and asked where
District No. 1 is. Ms. Kvilvang replied that is the Town Center development. Councilor Paper asked
when that district expires. Ms. Kvilvang replied that she is unsure but would look up that information.
Councilor Paper referenced the proposed term for this district noting that it does not seem very long.
Ms. Kvilvang confirmed that the proposed length of the term is not as long as the typical term because it
is to be used for economic development purposes.
Councilor Duggan referenced the relationship to the office and warehouse spaces and asked for
additional details. Ms. Kvilvang replied that about 15 percent would be for office and the remaining 85
percent would be for warehouse uses and that would be taken into account for the related values.
Councilor Duggan commented that it is his understanding that the City would be providing funds to
Endeavor as an advance of funds that would help the business to get established. Ms. Kvilvang
explained that this would be a developer risk proposition and provided additional details on the
payments that would be made using the taxes proposed to be generated through the project.
Councilor Duggan asked the difference in property taxes paid to the City. Ms. Kvilvang commented that
the future taxes that would be paid on this development would be approximately $155,000 and the City
would receive its share of that. She stated that currently the property is generating about $18,000 in
taxes, with the City receiving the appropriate share of that amount.
Councilor Duggan asked the cost to the City to provide services to this property. Ms. Kvilvang
commented that a fiscal impacts analysis was completed and it did not anticipate an increase in services
for staff, police, or public works.
Councilor Paper commented that it appears that Perron Road will become a private road and asked if the
City would then not be responsible for plowing or maintenance. Public Works Director Ryan Ruzek
replied that is correct and this would be addressed through the next agenda item.
Mayor Levine commented that it appears that the City would generate additional funds through taxes
collected by this development, and the additional tax collected would be returned to the property owner
in the short term, but the City would still appear to gain in the long-term.
Ms. Kvilvang commented that the existing value in taxes would continue to be collected and received by
the City, but the additional taxes generated would be returned to the property owner for the duration of
the agreement. She noted that when the term of the agreement expires, the City would be able to collect
its share of property taxes against the full valuation. She stated this would also allow the City to use the
County dollars to support the development it would like to see in its community. She confirmed that it
is a short-term investment.
Mayor Levine referenced the School District noting that there are outstanding levies and bonds and
asked how that would be impacted. Ms. Kvilvang replied that any referendums are outside of tax
increment and would not be impacted.
Mayor Levine stated that the developer is obligated to report annually and asked for clarification on
what would occur if the developer does not complete that report. Ms. Kvilvang stated that each year the
developer must report back the information specified and if the requirements are not met, the developer
would not receive the payment. She stated that if the development were to fail during the length of the
agreement, there is language included which would require the developer to payback the assistance
received to that time.
There being no one from the public coming forward to speak, Councilor Duggan moved to close the
public hearing.
Councilor Mazzitello seconded the motion.
A roll call vote was performed:
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Duggan noted that there is a relationship between this item and the following item and
suggested that that presentation be made for the following item, before taking action on this item.
City Attorney Elliot Knetsch confirmed that the Council could move to the next agenda item to consider
that information and still take action separately on the two.
B) RESOLUTION 2021-22 APPROVE RIGHT-OF-WAY LICENSE AGREEMENT –
PERRON ROAD
City Administrator Mark McNeill noted that a public hearing is not required for this item.
Public Works Director Ryan Ruzek explained that the Council was being asked to approve a license
agreement for Southview Design and Pilot Knob Business Park.
Councilor Mazzitello stated that he spoke with staff earlier today noting that a third-party accesses Perron
Road but is not mentioned within the agreement. Public Works Director Ryan Ruzek replied that he
copied the original Southview Design Agreement which includes a statement providing access rights to
the third property owner. He noted that they would not be part of the agreement but would have the right
to access the private road for their property. Councilor Mazzitello commented that the third party is
located at 2401 Pilot Knob Road.
Councilor Paper asked if this private road would be built to the City design standards. Mr. Ruzek replied
that the road would be designed to support the movements needed by the vehicles accessing the sites from
this roadway. He noted that the street width will not meet the requirement of 33 feet because of the
available right-of-way but noted that it has been City policy to not require that width in circumstances
where impervious surface calculations or drainage support a lesser width.
Councilor Paper commented that there would be heavy vehicles with trailers accessing this private road.
He noted his concern being if this roadway were turned back to the City in the future, it could possibly
not be constructed to the minimum requirements of the City. Mr. Ruzek replied that City water and sewer
services will be constructed and therefore the City will inspect those services. He stated that he would
be able to verify that the minimum pavement section would be met and noted that curb, gutter, and storm
sewer would also be constructed.
Councilor Duggan noted that it was mentioned that the right-of-way would need to be acquired and asked
who would be responsible for that cost. Mr. Ruzek noted that the City would need to acquire that if a cul-
de-sac were to be constructed and if Perron Road were to be a public road. He stated that if the City chose
to construct Perron Road as a public road, those costs would be the responsibility of the City.
Councilor Duggan asked if there have been any comments from the other two businesses. Mr. Ruzek
commented that he is not aware of any comments from 2401 Pilot Knob Road. He stated that Southview
Design has been an active partner in the discussions with Endeavor.
Councilor Duggan asked if the Attorney has reviewed the original agreement with Southview Design and
the proposed changes to the agreement. Mr. Ruzek stated that all parties were provided the original
agreement which was used as a template in creating the new document. He noted that all parties and their
legal counsel have reviewed the language as proposed.
Councilor Duggan asked about the road width. Mr. Ruzek replied that a 33-foot roadway would be
excessive for the amount of traffic this roadway will receive. He stated that due diligence has been
completed as to the width necessary to service the tractor trailer trucks.
Councilor Duggan asked the number of tenants anticipated. Mr. Ruzek replied that he believed three
tenants would be located here.
Councilor Duggan asked how common it is to have a private road constructed on a public right-of-way.
Mr. Ruzek noted that most of the City’s private roadways service multi-residential homes. He noted that
this would be more of a shared driveway than a private road.
Councilor Miller stated that, in respect to the TIF, he believes this is an excellent project that he endorses,
but he cannot support TIF in this area. He stated that through his research, TIF is allowed in blighted areas
or areas that need to be protected from blight. He stated that he does not consider this area to be blighted
or at risk of becoming blighted. He stated that TIF is also used when the developer cannot afford to develop
a project on their own. He stated that it would appear that the developer does a fair amount of business
and has been successful, therefore he is unsure that the developer would need this assistance. He stated
that he would see TIF as being useful when it provides a benefit to the community. He does not see that
this project would provide a benefit to the community on a large scale. He stated that this request would
provide assistance to create a private road that would serve three businesses and provide 12 new jobs;
therefore, he struggles to find answers to support the request for TIF.
Councilor Mazzitello commented that the 12 jobs mentioned is the minimum number of jobs that have to
meet the set wage, not the maximum number of jobs to be created. He stated that he would anticipate that
additional jobs would be provided, along with the ancillary jobs and benefit that would be provided. He
stated that this is a very small amount of assistance in that $300,000 in assistance would be provided
towards a development of $3,000,000 to $4,000,000. He stated that this would not put the City at risk, it
would create additional jobs, and it would increase the tax base. He stated that he believes that this project
would meet the qualifying factors for TIF.
Councilor Paper commented that he found the clarification on jobs helpful along with the ancillary
benefits. He stated that he struggles with the fact that the City would be helping to pay for this. He
commented that he does see a benefit of TIF in certain applications but was unsure this was that situation.
Community Development Director Tim Benetti explained that TIF is not always used for assistance in
blighted areas. He stated that when the Mendota Motel and the garden center areas were redeveloped, a
Redevelopment TIF District was used. He noted with this current TIF request, an Economic Development
District would be used to provide minimal assistance because this site was found to be an odd site for
development. He noted that the property currently does not have utilities or legal access. He noted that
the incentive would be that the jobs would be provided for and agreed that the business would most likely
have more than the minimum number of jobs required. He stated that one of the tenants secured thus far
is a local resident/business owner as well.
Councilor Duggan provided background information on the challenges associated with this parcel. He
stated that this process would indirectly help establish the businesses, but the City would not be losing
anything through this request.
Mayor Levine opened the floor to allow the applicant to speak.
Josh Budish, Endeavor Development, commented that staff provided a good presentation of the project
and stated that he is available for questions.
Mayor Levine recognized that this as a long-term investment. She stated that Perron Road looks more
like a driveway with a gate and therefore feels this is the correct action to take. She stated that the applicant
would need to extend the road and utilities and therefore this seems like a fair request related to
infrastructure.
Councilor Duggan moved to adopt RESOLUTION 2021-25 APPROVING THE MODIFICATION TO
THE DEVELOPMENT PROGRAM FOR MUNICIPAL DEVELOPMENT DISTRICT NO. 1 AND
ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 3 (ENDEAVOR) WITHIN
MUNICIPAL DEVELOPMENT DISTRICT NO. 1 AND APPROVING THE TAX INCREMENT
FINANCING PLAN THEREFORE; APPROVING A BUSINESS SUBSIDY POLICY; AUTHORIZING
AN INTERFUND LOAN; AND AUTHORIZING EXECUTION OF A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF MENDOTA HEIGHTS AND PILOT KNOB BC, LLC.
Councilor Paper seconded the motion.
A roll call vote was performed:
Councilor Paper aye
Mayor Levine aye
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller nay
Councilor Mazzitello moved to adopt RESOLUTION 2021-22 APPROVING RIGHT-OF-WAY
LICENSE AGREEMENT AND AUTHORIZE THE MAYOR AND CLERK TO EXECUTE THE
AGREEMENT.
Councilor Duggan seconded the motion.
A roll call vote was performed:
Mayor Levine aye
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
NEW AND UNFINISHED BUSINESS (CONTINUED)
C) RESOLUTION 2021-24 APPROVE PLANS AND AUTHORIZE ADVERTISEMENT FOR BIDS
FOR THE SOMERSET SEWER REALIGNMENT
Public Works Director Ryan Ruzek stated the Council is being asked to approve the plans and
specifications and authorize an advertisement for bid for the Somerset Elementary Sewer Alignment.
Councilor Paper asked what would happen to the existing line that would be exposed. Mr. Ruzek replied
that the pipe would be bulkheaded and abandoned rather than disturbing the creek. He noted that if a
stream project is undertaken in the future, the City could remove the pipe at that time. He explained that
bulkheading would fill the first six feet of the pipe from the manhole with concrete.
Councilor Duggan asked if the City would be able to recoup the costs. Mr. Ruzek stated that this is a City
project since the failure is not caused by the landowner. He stated that the City has worked with
representatives from the School District throughout this process and they would continue to be involved.
Councilor Duggan asked if there would be a risk of damming for the creek or ancillary risks. Mr. Ruzek
commented that this improvement project would eliminate any sanitary waste from the pipe and there
have not been documented spills.
Councilor Mazzitello commented that this would serve as the service line to the school and asked if the
School District would be responsible for the line once installed. Mr. Ruzek replied that this would fall
under the City’s policy that the service line would be the responsibility of the property owner.
Mayor Levine asked if there would be any risk as the line goes under the playground and ball field. She
asked if the playground and ball field would be out of service during the project. Mr. Ruzek replied that
the only excavation would be at the start and stop points, which are the manholes. He provided additional
details on the directional drilling process.
Councilor Mazzitello moved to adopt RESOLUTION 2021-24 APPROVING FINAL PLANS AND
SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE SOMERSET
SEWER REALIGNMENT.
Councilor Miller seconded the motion.
A roll call vote was performed:
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
D) DISCUSSION OF ORGANICS WASTE COLLECTION SITE AT MENDAKOTA PARK
Public Works Director Ryan Ruzek provided background information on the request and stated that the
Council is asked to consider adding an organic drop site at Mendakota Park for the residents.
Councilor Mazzitello asked if this action would count towards any of the steps for GreenStep Cities. Mr.
Ruzek commented that he was unsure noting that staff has not yet delved into the details of the steps.
Councilor Paper asked if the placement of the dumpsters in the parking lot would allow for the movement
of the truck used to collect the organic materials. He asked if the dumpsters would be on wheels and
whether there would be an issue with the slope of the parking lot.
Mr. Ruzek commented that the dumpsters would be on wheels to not interfere with movement to the
collection truck. He stated that staff would need to look further into the issue of sloping.
Councilor Paper asked if the dumpsters could be set on the curb, which would allow for easy dumping
and collection and would not take up two parking stalls. Mr. Ruzek commented that the County would
like to have curbside organic collection within the next five to ten years, therefore this would be a
temporary site. He stated that staff would be open to other locations to make this a better drop site.
Councilor Paper asked when a hauler would pick up the materials. He noted that during busy events every
parking stall is used. He noted that perhaps a concrete pad could be installed at the curb.
Public Works Director Ryan Ruzek commented that dumpsters should be within a trash enclosure, per the
City regulations. He noted that they are looking to start this on a trial basis and if it is successful, they
could look to make improvements to the site or relocate it.
Mayor Levine asked if the dumpsters could be rotated 90 degrees as that would prevent rolling and would
also allow for the collection truck to back up to the containers. She stated that she participates in organics
recycling and noted that when a user signs up through Dakota County, they are sent a welcome kit. She
stated that her garbage has been reduced by half through recycling and organics collection. She stated
that 273 residents currently collect and drop off their organics. She challenged the citizens to participate.
She hoped that the City would also advertise for the drop off location to increase participation.
City Administrator Mark McNeill confirmed consensus of the Council to direct staff to move forward and
work with Dakota County on this matter.
COMMUNITY ANNOUNCEMENTS
City Administrator Mark McNeill announced that the Par 3 has opened for the season, but is currently
closed due to the snow. He stated that registration is open for summer recreation, noting that available
programs can be found on the City’s website.
COUNCIL COMMENTS
Councilor Paper commented that the Scott Patrick Memorial 5K Race registration is open.
Councilor Mazzitello extended compliments to City staff for a thorough Council packet and presentations.
Councilor Miller wished everyone a happy Saint Urho’s Day. He commented that the ice is no longer
safe with the warmer temperatures and asked residents to stay off the ice.
Councilor Duggan read a blessing from John O’Donohue.
ADJOURN
Councilor Duggan moved to adjourn.
Councilor Mazzitello seconded the motion.
A roll call vote was performed:
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
Councilor Duggan aye
Mayor Levine adjourned the meeting at 7:50 p.m.
____________________________________
Stephanie Levine
Mayor
ATTEST:
_______________________________
Lorri Smith
City Clerk
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the City Council Closed Session
Held March 16, 2021
Pursuant to due call and notice thereof, a meeting of the City Council, City of Mendota Heights,
Minnesota was held at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
CALL TO ORDER
Mayor Levine called the meeting to order at 5:00 pm. Councilors Duggan, Mazzitello, Miller, and
Paper, were also present. All attendees were present via Webex.
CLOSED SESSION TO DISCUSS ATTORNEY/CLIENT PRIVILEGE MATTERS
A motion was made by Councilor Miller to adjourn to a closed session pursuant to Minnesota Statute
§13D.05 subd. 3(b); for Attorney Client Privilege for discussion of pending litigation in the case of
Lawrence J. Culligan and Mary Culligan, Trustees of Lawrence J. Culligan Revocable Trust under
Agreement dated June 21, 2001, as amended vs City of Mendota Heights, Court File No. 19-HA-CV-
21-527.
The motion was seconded by Paper.
A roll call vote was performed:
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
Mayor Levine adjourned to a closed session of the City Council at 5:01 pm.
Those present in the closed session included Mayor Levine, Councilmembers Duggan, Mazzitello,
Miller, and Paper. Also in attendance were City Administrator Mark McNeill, League of Minnesota
Cities Attorney James Thomson, League of Minnesota Cities Attorney Michelle Weinberg, City
Attorney Elliott Knetsch, Public Works Director Ryan Ruzek, Community Development Director Tim
Benetti, Assistant City Administrator Cheryl Jacobson, and City Clerk Lorri Smith.
A motion was made by Miller and seconded by Mazzitello to adjourn the closed meeting and to return
to the open meeting at 5:45 pm.
A roll call vote was performed:
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
ADJOURN
Mayor Levine adjourned the meeting at 5:45 pm.
___________________________
Stephanie Levine, Mayor
____________________________
Lorri Smith, City Clerk
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
AIRPORT RELATIONS COMMISSION MINUTES
JANUARY 20, 2021
The regular meeting of the Mendota Heights Airport Relations Commission was held on
Wednesday, January 20, 2021. Due to the on-going pandemic, the meeting was held virtually.
1. Call to Order
Chair Sloan called the meeting to order at 6:01 pm.
2. Roll Call
The following commissioners were present: David Sloan, Gina Norling, William Dunn, Kevin
Byrnes, Jim Neuharth, and Sally Lorberbaum
Absent: Commissioner Arvind Sharma
Staff present: Assistant City Administrator Cheryl Jacobson and City Administrator Mark
McNeill.
Guests Present: Michelle Ross and Brad Juffer of MAC
3. Approval of Minutes
Consideration was made of the Minutes of the September 16, 2020 meeting. No corrections
were offered. Motion by Lorberbaum, second by Dunn to approve as submitted.
A roll call vote was taken:
Sloan Aye
Lorberbaum Aye
Norling Aye
Dunn Aye
Byrnes Aye
Neuharth Aye
Motion carried 6-0
4. Public Comments
There were no members of the public who wished to comment.
5. Unfinished and New Business
a. MSP Operations—Departures from Runway 12L
Brad Juffer of MAC reviewed updated charts and figures to address the questions which the
ARC had submitted in October. He noted that there was now a complete year of data for
2020. He had reported at the NOC meeting held earlier that day that 2020 was very unique
because of COVID. There had been a nearly 40% drop in the number of operations, to a
total of 242,937. He said that in a normal year, Runway 17 would have had the most
operations; however in 2020, it had had the fewest. Runways 30L and 12R were used more
during 2020. Arrivals at night were primarily cargo flights. In response to a question from
Norling, Juffer replied that the reduction in the overall nighttime departures was even
greater, seeing a decline of 51%.
Juffer showed a slide with the long term trends for 12L and 12R. Prior to 2005, all
departures were on the parallel runways. After 17 opened, the overall use on those two
runways dropped by 100,000 annually. In 2017, Runway 17 became the highest use runway
due to CRO.
In 2020, Juffer reported that the FAA prioritized the use of the parallels. In response to a
question from Neuharth, Juffer said that 17 will be used when flights return to 80% of pre-
COVID numbers. Norling asked when that might be. Juffer replied that there were no
answers yet, and that it was nearly impossible to forecast use numbers. He said that
airlines have to plan and make flights available months in advance. He said that MAC was
not anticipating full recovery until 2024; however, with the widespread use of COVID
vaccines, it could be earlier than that.
Juffer explained that construction activity on the parallels will take place later this year,
which will impact use numbers. However, he didn’t have details at this time.
He reviewed 12 L and 12 R use maps with those present.
b. Approve 2020 Meeting Dates
Jacobson proposed January 20th, March 17th, May 19th, July 13th, September 8th, and
November 17th. She said that the meeting with Eagan would normally be in July, and might
be virtual. Motion by Lorberbaum, second by Norling to approve the dates for 2021.
A roll call vote was taken:
Sloan Aye
Lorberbaum Aye
Norling Aye
Dunn Aye
Byrnes Aye
Neuharth Aye
Motion carried 6-0
c. Review of Airport Operational Statistics
i. Complaint Information-- Lorberbaum noted that there were fewer complaints, which
was likely a result of fewer flights. However, she said that in some other cities, that
didn’t necessarily correspond—there were fewer flights, but more complaints.
Juffer said that the NOC chart showed the number of complaints on average.
Mendota Heights showed a small increase in the number of overall complaints (32
additional), but there were 23 fewer complaining households in 2020.
ii. Runway Use—Neuharth said that the Upper Control Limits were affected by the
greater use of the parallel runways, but otherwise, the runway use looked fine.
iii. Turboprop Charts—No information was available to report.
iv. Noise Monitor Charts-- No information was available to report
6. Acknowledge Receipt of Reports and Correspondence
Jacobson asked Juffer to report on the FAA Neighborhood Survey. Juffer said that the FAA
has found that a great number of people report being “highly annoyed” by 65 decibel noise
levels—by comparison, in the 1970’s only 12.3 % of people would be highly annoyed by 65
decibels. Now, 65% are highly annoyed by the same volumes. More people surveyed
responded that 65 decibels was a noise level which was incompatible with residential and
school uses.
Lorberbaum asked that as input had been requested from the public, could the information
be included in the Friday News.
NOC Meeting—Jacobson said that former Councilor Liz Petschel had been recognized for
her many efforts to reduce airport noise over the years.
7. Commissioner Comments
Lorberbaum asked if speakers had been lined up for 2021. Jacobson said that she would
work off of the list from last year, and that she was also working on an appearance from
MAC representative Mr. Ginsberg.
Norling asked how a commissioner could get a request for new business on the ARC
meeting agenda. Jacobson replied that she could send out an email two weeks prior to the
meetings, asking for any new items of business.
8. Adjourn
There being no further business, Chair Sloan asked for a motion to adjourn at 7:12 PM.
Motion by Neuharth, second by Dunn.
A roll call vote was taken:
Sloan Aye
Lorberbaum Aye
Norling Aye
Dunn Aye
Byrnes Aye
Neuharth Aye
Motion carried 6-0
Minutes Taken By:
Mark McNeill, City Administrator
DATE: April 6, 2021
TO: Mayor, Council, and City Administrator
FROM: Wayne Wegener, Police Captain
SUBJECT: Out of State Travel
COMMENT:
INTRODUCTION:
City policy requires notification for out of state travel. By policy, the Council is also required to
approve out of metro area travel in excess of $1000.
BACKGROUND:
Captain Wayne Wegener requested to attend the FBI National Academy Annual Training
Conference in Orlando, Florida.
Conference costs $575.00
Travel date: July 6th to July 11nd
Location: Orlando, Florida
Lodging: Rosen Shingle Creek Hotel - $1,400.65
Flights: $752.80
Meals: GSA maximum rate $/per day, 6 days = $366.00
Total estimated cost: $3,094.45
BACKGROUND:
Funding is available in the training budget to cover the costs.
RECOMMENDATION:
Authorize staff to attend the training.
DATE: April 6, 2021
TO: Mayor, City Council, and City Administrator
FROM: Wayne Wegener, Police Captain
SUBJECT: Pole Camera Purchase
INTRODUCTION
The City Council is asked to authorize the purchase of a pole camera.
BACKGROUND
Police agencies often utilize pole cameras with great success. A pole camera would aid the Mendota
Heights Police Department in many ways, such as allowing officers to monitor specific areas without
being physically present. This can be especially useful in areas where criminal activity has
increased, such as neighborhoods with an increase in thefts from vehicles or damage to property.
This type of deployment could to assist with identifying those committing the crimes.
A pole cameras could also proactively be placed in an area to deter criminal activity. This could be
at a city park that is experiencing vandalism or an event that may attract a large number of people.
BUDGET IMPACT
The City’s 2021 budget included $10,000 for the purchase of a pole camera. In addition, it should be
noted that up to 50% of the cost will be covered through a donation from the Mendota Heights Criminal
Apprehension Fund. Therefore, the net cost to the City should not exceed $5500.
RECOMMENDATION
Staff recommends that Council approve the purchase of a pole camera to be utilized by the police
department.
ACTION REQUIRED
If the Council concurs, it should, by motion, authorize the purchase a pole camera to be utilized by the
police department.
DATE: April 6, 2021
TO: Mayor, City Council, and City Administrator
FROM: Wayne Wegener, Police Captain
SUBJECT: BolaWrap Purchase
INTRODUCTION
The City Council is asked to authorize the purchase of BolaWraps for Mendota Heights Police Officers.
BACKGROUND
In an effort to give officers the opportunity to reduce the potential for violent and lethal encounters
with citizens, the Mendota Heights Police Department is looking to invest in BolaWraps.
BolaWraps are hand-held remote restraint devices that discharge an 8-foot tether to wrap a subject’s
legs or arms. They were designed to be used on non-compliant individuals who are not responding to
verbal command but need to be detained. Created for law enforcement, BolaWraps do not rely on pain
compliance. Instead, they are designed to restrict the use of a subject’s arms or legs, thereby aiding
officers with gaining control of the person.
The link to a YouTube video with a demonstration is here:
https://www.youtube.com/watch?v=gJZu1cKquCQ
The cost to outfit all the licensed officers of the Mendota Heights Police Department with BolaWraps
is $22,898.40. This cost includes a BolaWrap restraint device for each officer, a BolaWrap holster for
each officer, and cartridges for them. Funding will be taken from the police department’s approved
2021 budget—this funding is available for the purchase of the BolaWraps, as two squad cards which
were budgeted for acquisition in 2021 have been determined to have sufficient useful life remaining,
and therefore can be deferred for purchase until 2022.
BUDGET IMPACT
Funding for this purchase will be taken from the police department’s approved 2021 budget.
RECOMMENDATION
Staff recommends that Council approve the purchase of BolaWraps for Mendota Heights Police
Officers.
ACTION REQUIRED
If the Council concurs, it should, by motion, authorize the purchase BolaWraps for Mendota Heights
Police Officers.
DATE: April 6, 2021
TO: Mayor, City Council and City Administrator
FROM: Kristen Schabacker, Finance Director
SUBJECT: 2021 Workers compensation insurance
INTRODUCTION
The Council is asked to authorize a renewal of Workers Comp Insurance for a one year period to
begin on May 1, 2021.
BACKGROUND
On May 1, 2021, the City’s workers compensation insurance renews. The premium for this year is
$383,110 after adjustments for commission. This represents a 3.4% decrease from last year’s
premium of $396,579.
Below are the amounts and number of claims that we have had for the last 5 renewal periods.
16/17 $577,100.19 17 claims ($122,087.80 in reserve)
17/18 $962,981.08 22 claims ($260,017.00 in reserve)
18/19 $353,856.48 11 claims ($186,109.37 in reserve)
19/20 $ 86,345.14 13 claims ($34,352.20 in reserve)
20/21 $134,434.56 13 claims ($117,370.16 in reserve)
The City’s workers compensation policy includes a volunteer policy. This provides limited “no-
fault” benefits for volunteers injured while working for the city (the firefighters and police reserves
are covered under the city’s worker’s comp, and not this volunteer plan). Volunteers receive
limited death, disability and impairment benefits. This policy would be covering people
volunteering at events such as parks celebration, fishing derby, etc.
The City has the option to pay a fixed premium or deductible premium option. The City has chosen
to go with the regular premium option and pay a fixed premium amount in the past. We have the
option of choosing a deductible per claim. This option reduces the amount of premium paid up
front, but has the potential to have a greater cost, depending on the number of claims that the City
experiences in the year.
BUDGET IMPACT
There is $328,390 in the 2021 budget for workers compensation costs. Therefore, the amount
budgeted is short of the premium amount by approximately $54,720. However, as in years past,
the shortfall will be made up with other adjustments to the budget during the year.
The 2022 budget will need to have the workers compensation insurance amounts increased to
cover the increased premium.
RECOMMENDATION
Given the City’s recent claim history, I recommend renewing with the regular premium option.
The remaining unbudgeted amount will be covered by budget adjustments made during 2021.
ACTION REQUIRED
If the Council concurs, it should approve a motion accepting the regular premium option for the
workers compensation renewal, with a premium of $383,110, to be effective May1, 2021 to May
1, 2022.
REQUEST FOR COUNCIL ACTION
DATE: April 6, 2021 TO: Mayor, City Council, and City Administrator FROM: John Boland, Public Works Superintendent SUBJECT: Approve Purchase of Skid Steer for Public Works COMMENT:
INTRODUCTION
Staff is asking for approval to purchase a track skid steer to replace a 2008 machine.
BACKGROUND
Public Works owns two skid steer machines used for maintenance purposes. Both skid steer
machines are used for the streets, utilities and parks. The older machine is a 2008 Bobcat S250
with almost 4,000 hours on it. Both machines are wheeled skid steers, and staff would like to
replace the older machine with a tracked skid steer.
During the summer of 2020 and winter of 2020-2021, staff had several different vendors drop off
tracked skid steers for trial use to determine which machine best fits the maintenance needs of
the city. Staff determined that Ziegler’s Cat 289D3 Compact Track Loader was the machine that
would fit our needs. Most of the attachments we use will fit on the new Ziegler CAT 289D3.
The city has a single snow blower attachment for the two skid steers, but will need to purchase a
wider one to cover the width of the tracks on the new machine. The wider snow blower
attachment was included in the quote.
The city has 25+ miles of pedways that are plowed in the winter. The trails near the roadways
are cleared of heavy snow with the snow blower attachment on the skid steer to widen them.
The skid steer is used for this work due to the snow banks being too tall for the trucks.
While using the track machine this past season, it was found to have much better traction and
steering control than our old wheeled machines for this purpose. Staff would like to keep the
existing blower for the wheeled machine to have the ability to send two machines to clear the
trails of snow when needed.
DISCUSSION
Ziegler provided a quote under the Minnesota State Contract with a trade in of our old machine
for the price of $59,010.
BUDGET IMPACT
There is $55,000 budgeted in the 2021 Capital Improvement Plan for the purchase of a skid steer.
This is $4,010 over the budgeted amount. The equipment reserve has funds available to cover
the amount over what was budgeted.
RECOMMENDATION
Staff recommends that the Mendota Heights City Council approve the purchase of a skid steer
and snow blower attachment from Ziegler in the amount of $59,010.00.
ACTION REQUIRED
If Council concurs with the staff recommendation, they should pass a motion to approve the
purchase of a skid steer and snow blower attachment from Ziegler in the amount of $59,010.
This requires a simple majority vote.
Request for City Council Action
DATE: April 6, 2021
TO: Mayor and City Council, City Administrator, and Assistant City
Administrator
FROM: Meredith Lawrence, Recreation Program Coordinator
SUBJECT: MHAA Tournament Fee Waiver
COMMENT:
Introduction
The City Council is asked to approve a waiver of fees for the Mendota Heights Athletic Association
(MHAA) for the 2021 baseball and softball tournament season at Mendakota Park.
Background
The City coordinates and issues permits for the use of city fields and facilities. Fees are charged
to users to recover a portion of costs incurred for maintenance supplies, equipment and labor
conducted by the City for users. City field and facility use fees are approved under the City’s Fee
Schedule.
The 2021 Fee Schedule was reviewed and adopted by the City Council on December 15, 2020.
Included in the Fee Schedule were tournament fees for traveling tournaments. For 2021, the fees
adopted for tournaments are $50 per day per field and field preparation is $35 per field per day.
Tournament fees are not charged for MHAA in-house tournaments.
MHAA has contacted the City Council and staff to request a reduction in fees for their 2021
traveling tournaments. MHAA last requested and received a waiver of fees for the 2019 baseball
tournament season; at that time fees were reduced from $4,365 to $2,325. MHAA has three
traveling tournaments scheduled that the City has permitted and invoiced, and for which they are
seeking a reduction in fees:
• Baseball Tournament, May 7-9 (Total Invoice=$1,020)
• Softball Tournament, June 11-13 (Total Invoice=$1,020)
• Baseball Tournament, June 18-21 (Total Invoice=$1,020)
At a work session on March 8 the City Council reviewed the request from MHAA. There was
consensus that the City would utilize a not-to-exceed fee of $498 per weekend tournament for the
2021 season.
The City Council will have an opportunity later in the year to review and determine fees for 2022
after the park strategic planning process is completed.
Budget Impact
By reducing the cost of the tournaments for MHAA, the City will receive $1,494 in reimbursement
for maintenance supplies, equipment and labor compared to the original $3,060 billed for the
tournaments.
Action Required
If the Council concurs, it should, by motion approve the MHAA tournament fee waiver for 2021
and direct staff to send MHAA leadership a letter making them aware of the Council’s decision.
DATE: April 6, 2021 TO: Mayor and City Council, City Administrator, and Assistant City Administrator FROM: Meredith Lawrence, Recreation Program Coordinator SUBJECT: Resolution 2021-26 Appointment of Parks and Recreation Student Representative
INTRODUCTION
The Council is asked to appoint Niko Hess as Student Representative on the Mendota Heights
Parks and Recreation Commission.
BACKGROUND
The Parks and Recreation Commission Student Representative serves in an advisory capacity
and is a communication link for ideas, observations, concerns, satisfactions and questions to the
Commission. The Student Representative is a non-voting member of the Commission and the
position is open to Mendota Heights residents who attend a high school located in Mendota
Heights.
On December 16, 2020, the City opened applications for the Student Representative position
within the City of Mendota Heights Parks and Recreation Commission. As of the close of the
application period on February 1, three students had indicated their interest.
On March 15, an interview panel made up of Park and Recreation Commission Chair Steve
Goldade and Vice Chair Bob Klepperich interviewed each of the candidates.
At the completion of the interviews, the panel reached a consensus that Niko Hess would be
recommended to be appointed by the Council to fill the vacancy. Mr. Hess is a Junior at Henry
Sibley High School. He is a member of the National Honor Society and is a Varsity member of
the “Lightning Turtles” robotics team. Heavily involved in the community, Mr. Hess volunteers
for the Minnesota STEM partnership, Neighborhood House, Wetland Health Evaluation
Program, and the Dodge Nature Center.
The appointment is to fill the Student Representative position, which will expire on May 10,
2022.
BUDGET IMPACT
None.
RECOMMENDATION
The interview panel recommends that the Council approve a resolution appointing Niko Hess to
fill the current position of Student Representative on the Mendota Heights Parks and Recreation
Commission.
ACTION REQUIRED
If the Council concurs, it should, by motion, adopt:
RESOLUTION 2021- 26
A RESOLUTION APPOINTING NIKO HESS TO THE POSITION OF STUDENT
REPRESENTATIVE TO THE MENDOTA HEIGHTS PARKS AND RECREATION
COMMISSION
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021- 26
A RESOLUTION APPOINTING NIKO HESS TO THE POSITION OF STUDENT
REPRESENTATIVE TO THE MENDOTA HEIGHTS PARKS AND RECREATION
COMMISSION
WHEREAS, the City Council of the City of Mendota Heights benefits from the active
participation of citizens in representing the City on boards and commissions; and
WHEREAS, the Parks and Recreation Commission serves as an advisory body to the City
Council, and advises the Council on topics pertaining to parks and recreation within the City of
Mendota Heights;
WHEREAS, a vacancy for the student representative exists on the Parks and Recreation
Commission with a term expiring on May 10, 2022; and
WHEREAS, the Student Representative serves as a non-voting member of the Parks and
Recreation Commission and is a communication link for ideas, observations, concerns, satisfactions
and questions to the Commission; and
WHEREAS, advertisements of the vacancy were made, and interviews were held of the
three individuals who made application for consideration; and,
WHEREAS, the interview panel which conducted the interviews unanimously recommended
that Niko Hess be appointed to fill the vacancy; and
WHEREAS, the City Council recognizes the excellent qualifications of Mr. Hess to serve
the City on the Parks and Recreation Commission.
NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that it
hereby appoints Niko Hess to the Parks and Recreation Commission, to fill a term expiring on May
10, 2022.
Adopted by the Mendota Heights City Council this 6th day of April, 2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
ATTEST: ______________________________
Stephanie Levine, Mayor
_____________________________
Lorri Smith, City Clerk
REQUEST FOR COUNCIL ACTION
DATE: April 6, 2021
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Resolution 2021-28 Accept Bids and Award Contract for the Somerset Sewer
Realignment Project
COMMENT:
INTRODUCTION
The Council is asked to approve Resolution 2021-28 accepting bids and awarding a contract for
the Somerset Sewer Realignment Project.
BACKGROUND
Council ordered the Somerset Sewer Realignment at their October 7, 2020 meeting, and directed
staff to prepare plans and specifications for this street reconstruction project. The plans were
approved and authorized to bid at the March 16, 2021 meeting.
DISCUSSION
One bid (see below) was received per the online bidding platform of QuestCDN on Tuesday,
March 30, 2021, at 2:00 p.m. for the Somerset Sewer Realignment. A second bid was received
past the bidding deadline and is required to be rejected without opening.
NAME OF BIDDER AMOUNT OF BID
Northdale Construction Company, Inc. $117,146.55
Northdale Construction Company, Inc. submitted the bid of $117,146.55. Their bid was
approximately 20.4% greater than the Engineer's Estimate of $93,275. Northdale Construction
Company, Inc. is a contractor with many years of experience with an office in Albertville,
Minnesota. Staff recommends them for this contract.
Based on a solicitation of information from prime contractors that did not submit a bid, some
feedback was related to contractors already having too much work to bid this request, unknown
site conditions working adjacent to a creek, and that the project is too small. Northdale
Construction stated their bid was increased due to the proximity to Ivy Falls creek, and requires a
16 foot deep excavation.
The substantial completion date for the project is August 15, 2021. We expect Northdale
Construction Company, Inc., serving in the capacity of General Contractor, is capable of meeting
the completion dates and installing the proposed improvements in accordance with the plans and
specifications given their experience and the amount of equipment and manpower they have at
their disposal.
Staff will coordinate with the school district on the project if Council awards the contract,
including information regarding the construction schedule and potential impacts.
BUDGET IMPACT
The Somerset Sewer Realignment is proposed to be financed by Sewer Utility Funds. This
project may be eligible for funding from the American Rescue Plan, however, the Sanitary
Utility Fund does have an adequate balance to proceed with the project.
RECOMMENDATION
Receiving multiple bids would have, of course, been the preferred outcome. However, given this
bidding climate, staff recommends that the Council accept the bid and award the construction
contract to Northdale Construction Company, Inc. for their bid in the amount of $117,146.55.
ACTION REQUIRED
If City Council wishes to implement the staff recommendation, pass a motion adopting A
RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
SOMERSET SANITARY SEWER REALIGNMENT. This action requires a simple majority
vote.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-28
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
SOMERSET SANITARY SEWER REALIGNMENT
WHEREAS, pursuant to an advertisement for bids for the proposed realignment of a sewer
lateral and appurtenant work, bids were received, opened, and tabulated according to law and the
following bid was received complying with said advertisement:
NAME OF BIDDER AMOUNT OF BID
Northdale Construction Company, Inc. $117,146.55
and
WHEREAS, the Public Works Director recommended that the lowest responsible bid
submitted by Northdale Construction Company, Inc. of Albertville, Minnesota, be accepted, and;
WHEREAS, a bid from Kramer Services Group was received past the bid opening and is
hereby rejected.
NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council as
follows:
1. That the bids for the Somerset Sewer Realignment project are hereby received and accepted.
2. That the bid of Northdale Construction Company, Inc. of Albertville, Minnesota, submitted
for the construction of the above described improvements be and the same is hereby accepted.
3. That the contract be awarded to Northdale Construction Company, Inc. of Albertville,
Minnesota, and that the Mayor and Clerk are hereby authorized and directed to execute and
deliver any and all contracts and documents necessary to consummate the awarding of said
bids.
Adopted by the City Council of the City of Mendota Heights this sixth day of April, 2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
ATTEST
___________________________ _____________________________
Lorri Smith, City Clerk Stephanie Levine, Mayor
CITY OF MENDOTA HEIGHTSNorthdale Construction Co., Inc.PROJECT:Somerset Sewer RealignmentPROJECT #:202006 DATE: 3/30/2020I certify that I have personally opened and read all bids, verified this abstract and find it correct.By:__________________________________________________________________ITEM NO.ITEM DESCRIPTIONUNITENGINEER'S ESTIMATED QUANTITYENGINEER'S ESTIMATED UNIT PRICEENGINEER'S ESTIMATED AMOUNTBID UNIT PRICE BID AMOUNTSCHEDULE 'A' - CIPP SANITARY SEWER LINING1MobilizationL.S. 1 $20,000.00 $20,000.00 $20,625.00 $20,625.002Erosion ControlL.S. 1 $10,000.00 $10,000.00 $10,500.00 $10,500.003Clearing and GrubbingAC 0.1$20,000.00 $2,000.00 $20,000.00 $2,000.004Remove Bituminous PavementSY 35$5.00$175.00$20.00 $700.005Abandon Existing Sewer ServiceL.S. 1$2,500.00 $2,500.00 $5,250.00 $5,250.006Install 6-inch Sewer ServiceLF 530$78.00$41,340.00 $76.76 $40,682.807Connect to Existing ManholeEA 2$2,500.00 $5,000.00 $5,250.00 $10,500.008Bituminous PatchSY 35$60.00$2,100.00 $168.25 $5,888.759Site RestorationLS 1$10,000.00 $10,000.00 $21,000.00 $21,000.00TOTAL$93,115.00 $117,146.55BID ABSTRACTPage 1 of 2
REQUEST FOR COUNCIL ACTION
DATE: April 6, 2021
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Approve Solicitation of Request for Proposals for a Sewer Rate Study
COMMENT:
INTRODUCTION
The City Council is asked to approve the Request for Proposals (RFP) for a sewer rate study.
BACKGROUND
The current sewer billing format is out dated and does not promote the conservation of water.
Residential properties, including multi-family properties, are billed quarterly based on their first
quarter usage to eliminate the metered water for irrigation. The minimum billing amount per
quarter is 20 units of water (1 unit equals 748 gallons). Properties that use more than the
minimum are billed a small fee for each excess unit of water used.
Commercial properties on billed quarterly based on their year round use. Some commercial
properties have a deduct meter which measures an amount of water that does not go into the
sewer. This process makes billing challenging as not all properties provide reports with
equivalent units of measure.
DISCUSSION
The RFP asks a prospective consultant to provide a comparison of the city current billing rates to
other cities similar to Mendota Heights, analyze the existing rate structure, develop a potential
new structure(s), and provide the city with a model to simplify future adjustments and reporting
requirements.
The goal of the study is to provide a uniform billing structure based on a properties actual first
quarter usage. The proposed schedule for implementation would be for the first quarter of 2022.
The billing structure must still maintain a minimum billing amount, which ideally will be more
favorable to low water use properties. Properties that are high water users could see an increase
in their bill. The RFP asks the consultant to provide a list of properties that would have a change
of greater 10 percent to their current.
BUDGET IMPACT
The sewer rate study is estimated to cost from $20,000-$40,000. This amount has been added to
the sanitary sewer utility fund CIP which has an adequate balance to fund the study.
RECOMMENDATION
Staff recommends that the City Council authorize Staff to send out the Request for Proposals for
the Sewer Rate Study.
ACTION REQUIRED
If the Council concurs, it should, by motion, approve the attached Request for Proposals, and
authorize Staff to obtain quotes for the Sewer Rate Study.
City of Mendota Heights Minnesota Request for Proposals Sanitary Sewer Rate Study Ryan Ruzek Public Works Director 1101 Victoria Curve Mendota Heights, Minnesota 55118 651-255-1152 ryanr@mendota-heights.com
TABLE OF CONTENTS INTRODUCTION ………………………………………………………………………………3 BACKGROUND………………………………………………………………………………...4 SCOPE OF SERVICES REQUESTED………………………………………………………....5 COMMUNICATION/PROJECT MANAGEMENT……………………………………………7 PRODUCT/FINAL REPORT…………………………………………………………………...8 PROPOSAL FORM AND CONTENTS………………………………………………………...8 SELECTION……………………………………………………………………………………10 CONTRACT NEGOTIATIONS AND TERMS………………………………………………..10 APPENDIX A – Utility Fees & Charges……………………………………………………….15 APPENDIX B – Proposer Warranties…………………………………………………………..18 APPENDIX C –Standard Agreement for Professional Services………………………………..19
INTRODUCTION The City of Mendota Heights (“City”) is requesting proposals from qualified vendors to prepare a rate study for its sanitary sewer utility. Inquiries about the engagement or the request for proposal should be addressed to: Ryan Ruzek, Public Works Director ryanr@mendota-heights.com 651-255-1152 There is no expressed or implied obligation for the City of Mendota Heights to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. To be considered, qualified firms must submit an electronic copy and three (3) hard copies of their proposal to Ryan Ruzek, Public Works Director, at the City offices located at 1101 Victoria Curve, Mendota Heights, MN 55044 by 4:30 p.m. on May 5, 2021. The City of Mendota Heights reserves the right to reject any or all proposals submitted. The City of Mendota Heights reserves the right, where it may serve the City’s best interest, to request additional information or clarification from proposers or to allow corrections of errors or omissions. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process. Following a review of the proposals, a recommendation for award will be made by the Public Works Director to the City Administrator or City Council. A final decision for award of the work may be made by the City Council. The City of Mendota Heights reserves the right to retain all proposals submitted and to use any concepts and ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the proposing firm of the conditions contained in this request for proposal, unless clearly and specifically noted in the proposal submitted and confirmed in the written contract between the City of Mendota Heights and the firm selected. Tentative Project Schedule:
• April 7, 2021 solicitation for proposals begins
• May 5, 2021 proposal submittal deadline
• May 13, 2021 staff review of proposals completed and firm recommended
• May 18, 2021 City Council authorizes study
• May 19, 2021 – July 14, 2021 utility rate study completed
• July 15, 2021 draft study submitted
• August, 2021 study reviewed at City Council work session
• September 1, 2021 final report due
• December 2021 new rates approved by the City Council BACKGROUND The City currently uses the Banyon Data Systems, Inc. utility billing software for the distribution, tracking and collection of utility bills. The City has approximately 74 miles of sewer mains and 6 sanitary sewer lift stations. The City obtains water from Saint Paul Regional Water Services which provide billing for water provided. 2020 Sewer Utility Accounts: Sewer Residential 3880 Commercial 219 Industrial 121 Institutional 16 Cemetery/Golf Course 6 Notes:
• Residential accounts are billed quarterly based on first quarter usage.
• Commercial, Industrial and Institutional accounts are billed quarterly based on the monthly usage. 2020 Sewer Consumption and Revenue: Sewer Consumption Sewer Revenues Residential $1,336,050 Commercial $988,091 Total 645,809 $2,324,141 Notes:
• See attached Appendix A for a complete list of utility fees, rates and charges.
• Sewer Consumption is listed in 100 cubic feet.
• Sewer Charges represent actual billings from January 2020 to December 2020.
• MCES reported 517.56 Million Gallons for a total flow in 2020 charging $1,387,527. SCOPE OF SERVICES REQUESTED This section describes the anticipated scope of services for the completion of the sanitary sewer user rate analysis.
The following issues must be included and addressed: 1. Gather and review background information – The Consultant shall gather information on revenue, expenses, users by classification, present and future system utilization, capital improvement costs, and other data needed to review and develop rates and charges for utilities. 2. Literature search and best practices evaluation—The Consultant shall perform a literature search/best practices evaluation for the following: a. Provide a comparison of the City’s sanitary rates to other Minnesota cities whose population and utility systems are similar to Mendota Heights. Penalties for late fees and certification on taxes should be included. 3. Analyze existing rate structure – Review current rates, budgets, capital improvement plans, revenue/expense projections, population growth estimates, and water consumption history to evaluate the need for rate adjustments to meet budget requirements. Assess the equity of the current rate structure and recommend changes if necessary. 4. Develop a potential new rate structure for evaluation and discussion – The goal is to provide sufficient revenue for current and future operations by modifying the existing rates as needed to fairly distribute the costs of service among the different users. The Consultant shall provide a range of alternative rate structures along with an analysis and rationale for each. The city desires to have a rate structure that is based on first quarter usage for all accounts. Accounts receiving a change of 10 percent from their current billing should be identified. 5. Excel Spreadsheet Model – Create a model (Excel spreadsheet) that produces the information needed to perform this evaluation. Design the model so that it can be used by City staff for ongoing financial management of the Utility. COMMUNICATION/PROJECT MANAGEMENT Ryan Ruzek, Public Works Director will be the Project Manager representing the City and will be the primary contact for communications and coordination of activities with the Consultant. Ultimately the City Council will be the reviewing/approving authority for the final product. Beyond the meetings and communication stated above, the Consultant should be prepared to attend two City Council meetings and workshops to discuss the process and recommended actions.
PRODUCT/FINAL REPORT All electronic and paper interim review documents, such as tables, graphs, charts, text, models and maps, through the adoption of the final report, shall be included in the scope of work as described above. The final products of this project shall include a final bound report, including all supporting materials such as tables, charts, graphs, figures and maps. The City will require final copies of the plans to be available both in paper form as well as electronically in PDF format. The Consultant shall provide the City with four paper copies and one electronic copy of the final report. PROPOSAL FORM AND CONTENTS The proposal should be printed on 8½ x 11-inch paper. Pages should be consecutively numbered. The Consultant’s submittal must contain and clearly identify the following elements. A. Letter of Transmittal 1. Name of the firm, local address, e-mail address and telephone and fax numbers of contact person during period of proposal evaluation and the date of your submittal. B. Table of Contents Include a clear identification of the material by section and page number. C. Consultant Qualifications / Profile Include qualifications of the firm as it relates to preparing water and sanitary sewer rate analysis, including previous experience with similar projects for cities or other units of government. D. Key Personnel The Consultant shall provide the names, qualifications and resumes of key personnel that will be assigned to this work and identify the lead client service contact that will be responsible for the management and administration of a contract with the City. E. Organizational Structure The proposal must include the organizational/project management structure identifying key project personnel, their roles and responsibilities and the time available for each individual to work on this project.
F. Project Approach/Work Plan A detailed explanation of the overall approach to be taken to complete the project along with a detailed work plan must be provided. The work plan must contain a description of each task to be performed, identify the interrelationships among the tasks, clearly identify major review and decision points and specify the deliverables and work products for each task. The work plan must address, at a minimum, each of the items outlined under Scope of Services Section in the RFP. G. Project Schedule The proposal must identify the major tasks and dates of accomplishment. The schedule must indicate tasks which the Consultant anticipates will be done by the City. Work on this project should be initiated within two weeks of the execution of the contract and diligently performed thereafter. The schedule will be monitored by the City to evaluate the Consultant's performance on the project. Any deviation from the milestones as proposed by the Consultant shall be approved by the City. Once a Consultant is selected, a kickoff meeting will be held where among other things; the schedule will be reviewed and adjusted as appropriate based on individual project tasks and input from the Consultant. H. Cost A detailed cost estimate for completing the project, broken down by task, personnel and hours must be provided. Please identify the personnel that correspond to each title in the cost estimate. The proposal must indicate the total cost and itemize each task for the project. The proposal should include hourly rates for specific professional services, including meeting and presentation costs. Payment of fees will be made every thirty days upon receipt of a progress report and an invoice itemizing services performed and hours worked. Any work identified as optional in the Scope of Services shall be listed separately from required work. A total cost not to be exceeded for all work is required by the proposal. I. Exceptions and Deviations Any exceptions to the requirements in this RFP, including the language in the Contract Negotiations and Terms Section, must be included in the proposal submitted by the Proposer. Segregate such exceptions as a separate element of the proposal under the heading “Exceptions and Deviations.” J. Additional Information
Any other information that the Proposer believes to be pertinent, but not specifically asked for elsewhere in the RFP, may be included under the heading “Additional Information.” K. References For the key personnel, include a brief list of previous or current project contacts that are similar to this project that may be used as references to confirm that the key personnel are capable of performing this work. SELECTION Proposals that comply with the instructions set forth in this document will be evaluated by the City of Mendota Heights. Proposals will be evaluated on the following criteria:
• Understanding of the work to be completed.
• Quality of the approach presented in addressing the issues identified in this RFP.
• Experience in performing similar projects.
• Experience of individuals the Consultant will assign to this work.
• Proposed cost.
• The ability to perform the work within the specified time.
• Proposed schedule for completing the work. The City reserves the right to accept or reject any or all proposals received, in whole or in part. At its discretion, the City of Mendota Heights may choose to waive immaterial deviations from the RFP instructions. If necessary, a short list of Consultants will be called for an interview. Selection of a Consultant is expected in May 2020. The Consultant selection may require the approval of the City Council. This RFP does not commit the City of Mendota Heights to enter into a contract, nor does it obligate the City of Mendota Heights to pay for any costs incurred by the Consultant in the preparation and submission of proposals or in anticipation of a contact. CONTRACT NEGOTIATION AND TERMS A. Negotiations and Contract Execution Upon completion of the evaluation process, the City of Mendota Heights will enter into negotiations with the responder(s) whose proposal offers the best solution and best value possible, as determined in the evaluation process. This project will have an executed contract between the Consultant and the City. The City reserves the right to negotiate the final terms and conditions of the contract to be
executed. Should the City and a Consultant be unable to mutually agree upon the entire contract, the City reserves the right to discontinue negotiations, select another Consultant or reject any or all proposals. The City reserves the right to negotiate with more than one Consultant simultaneously. Upon completion of negotiations agreeable to the City and Consultant, a contract shall be executed. B. Contract Terms 1. No elected official or employee of the City who exercises any responsibilities in the review, approval or implementation of the proposal or contract shall participate in any decision, which affects his or her direct or indirect financial interest. 2. It is a breach of ethical standards for any person to offer, give, or agree to give any present or past City employee or Council person, or for any City employee or Council person to solicit, demand, accept, or agree to accept from another person or firm, a gratuity or an offer of employment whenever a reasonable prudent person would conclude that such consideration was motivated by an individual, group or corporate desire to obtain special, preferential, or move favorable treatment than is normally accorded to the general public. 3. No member, officer, employee or agent of the City or of a local public body during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Contract or the process thereof. 4. The Contractor shall not enter into any subcontract for performance of any services contemplated under this Contract without the prior written approval of the City and subject to such conditions and provisions as the City may deem necessary. The Contractor shall be responsible for the performance of all subcontractors. 5. To remove any potential or actual conflict of interest, a Consultant representing any private party client submitting a project or activity to the City shall not represent or review the project or activity on behalf of the City. 6. The Consultant shall not accept any private client or project which, by nature, places it in ethical conflict during its representation of the City of Mendota Heights. 7. During the performance of this Contract, the Contractor agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination. 8. The City shall have access to all data, information, drawings, reports and other information collected, generated or produced by the Consultant, regardless of format
or media. Said data, information, drawings, reports and other information, regardless of format or media, shall be the property of the City of Mendota Heights. 9. All data collected, created, received, maintained, or disseminated for any purposes by the activities of Contractor, because of this contract, is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such act now in force or as adopted, as well as federal regulations on data privacy. Trade Secrets: Assuming the material that the organization would supply is not just proprietary, but also constitutes a trade secret under the Uniform Trade Secrets Act definition, it could be protected under Minn. Stat. Section 13.37 subd. 1(b) and subd. 2. The MGDPA definition of “trade secret information” tracks the language of the UTSA, and thus includes “government data, including a formula, pattern, compilation, program, device, method, technique or process (1) that was supplied by the affected individual or organization, (2) that is the subject of efforts by the individual or organization that are reasonable under the circumstances to maintain its secrecy, and (3) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.” If it meets this definition, then subd. 2 makes it nonpublic data with regard to data not on individuals, and private data with regard to data on individuals. Beyond the protections of this provision, it would be difficult for a city to keep a promise of confidentiality. 10. The Consultant will maintain records that reflect all revenues, costs incurred and services provided in the performance of the Agreement. The Consultant will also agree that the City, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the Consultant which are relevant to the contract. 11. The Consultant will need to agree that it will defend, indemnify, and hold harmless the City against any and all liability, loss, damages, costs and expenses, which the City or office may hereafter sustain, incur, or be required to pay by reason of any negligent act or omission or intentional act of the Consultant, its agents, officers, or employees during the performance of the Agreement. 12. The Consultant will need to further agree that in order to protect itself as well as the City under the indemnity provision set forth above, it will at all times during the term of the Contract keep in force the following minimal insurance protection in the limits specified:
Commercial General Liability (or in combination with an umbrella policy)
• $2,000,000 Each Occurrence
• $2,000,000 Products/Completed Operations Aggregate
• $2,000,000 Annual Aggregate The following coverages shall be included:
• Premises and Operations Bodily Injury and Property Damage
• Personal and Advertising Injury
• Blanket Contractual Liability
• Products and Completed Operations Liability Automobile Liability
• $2,000,000 Combined Single Limit – Bodily Injury & Property Damage
• Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows:
• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident The City shall be named as an additional insured on the general liability and umbrella policies on a primary and non-contributory basis. The Consultant shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the City, in the insured's capacity as Consultant, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. The policy shall provide minimum limits of $2,000,000 with a deductible maximum of $125,000 unless the City agrees to a higher deductible. Prior to the effective date of the Agreement, the Consultant will furnish the City with certificates of insurance as proof of insurance for general Liability and Auto Liability. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days’ notice thereof to the City.
13. The Consultant shall comply with all applicable Federal and State statutes and regulations as well as local ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above may be cause for cancellation of the contract effective the date of receipt of the Notice of Cancellation. 14. It will need to be agreed that nothing in the Agreement is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Consultant as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Consultant is to be and shall remain an independent contractor with respect to all services performed under the Agreement. The Consultant represents that it has, or will secure at its own expense, all personnel required in performing services under the Agreement. Any and all personnel of the Consultant or other persons, while engaged in the performance of any work or services required by the Consultant under the Agreement, shall have no contractual relationship with the City and shall not be considered employees of the City. 15. Any material alteration, modification or variation shall be reduced to writing as an amendment and signed by the parties. Any alterations, modifications or variations deemed not to be material by agreement of the City and the Consultant shall not require written approval. 16. Termination: The City may cancel the Contract for any reason without cause upon thirty days written notice, except that if either party fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of the Contract, the other party shall have the right to terminate the Contract, if the default has not been cured after a ten day written notice has been provided. If termination shall be without cause, the City shall pay Consultant all compensation earned to the date of termination. If the termination shall be for breach of the Contract by Consultant, the City shall pay Consultant all compensation earned prior to the date of termination minus any damages and costs incurred by the City as a result of the breach. If the Contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Consultant under the Contract shall, at the option of the City, become the property of the City, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of the Contract by the Consultant. The City may, in such event, withhold payments due to the Consultant for the purpose of set-off until such time as the exact amount of damages due to the City is determined. The rights or remedies provided for herein shall not limit the City, in
case of any default by the Consultant, from asserting any other right or remedy allowed by law, equity, or by statute. 17. Prior to the processing of any and all payments to the contractor pursuant to this contract, compliance with City Finance Department regulations on the completion and filing of W-9 forms and other IRS and Minnesota Department of Revenue taxing forms is required.
APPENDIX A UTILITY FEES & CHARGES (To be inserted)
APPENDIX B CITY OF MENDOTA HEIGHTS PROPOSER WARRANTIES
A. Proposer warrants that it is willing and able to comply with State of Minnesota laws with respect to foreign (non-state of Minnesota) corporations. B. Proposer warrants that it is willing and able to obtain an errors and omissions insurance policy providing a prudent amount of coverage for the willful or negligent acts or omissions of any officers, employees or agents thereof. C. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City of Mendota Heights. D. Proposer warrants that all information provided in connection with this proposal is true and accurate. E. Proposer certifies that it can and will provide and make available, at a minimum, all services set forth in the “Scope of Services Requested” section of the City’s request for proposals. Signature of Official: __________________________________________ Name (typed): ________________________________________________ Title: _______________________________________________________ Firm: _______________________________________________________ Date: _______________________________________________________
APPENDIX C PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this ________ day of ___________________, 2021, by and between the CITY OF MENDOTA HEIGHTS, a Minnesota municipal corporation ("City") and _______________________, ______________________ ("Consultant"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Consultant to furnish the services set forth in the Contract Documents. The Consultant agrees to perform the services. 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Professional Services Agreement. B. Consultant’s proposal dated __________________ re: City of Mendota Heights Sanitary Sewer Rate Study. C. Insurance certificate. In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document “A” has the first priority and Contract Document “C” having the last priority. 3. COMPENSATION. Consultant shall be paid by the City for the services described in Contract Documents on an hourly basis but not to exceed $___________, inclusive of reimbursables, taxes and other charges. The not to exceed fee shall not be adjusted if the estimated hours to perform a task, the number of estimated required meetings or any other estimate or assumption is exceeded. Consultant shall request payment for services rendered on a monthly basis. The monthly payment applications from Consultant shall identify work completed. 4. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. 5. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Consultant in conjunction with this contract.
6. STANDARD OF CARE. Consultant shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by members of the profession under similar circumstances in Dakota County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss or damages proximately caused by Consultant’s breach of this standard of care. City shall not be responsible for discovering deficiencies in the accuracy of Consultant’s services. Consultant shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from errors and omissions on the part of Consultant without additional compensation. 7. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 8. INDEMNIFICATION. The Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the work or services provided for herein to the comparative extent they are caused by Consultant’s negligent acts or omissions or those negligent acts or omissions of persons for whom Consultant is legally responsible. 9. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by them, and they shall hold harmless the City from loss or damage resulting therefrom. 10. INSURANCE. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles
Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows:
• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident The City shall be named as an additional insured on the general liability and umbrella policies on a primary and non-contributory basis. The Consultant shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the City, in the insured's capacity as Consultant, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. The policy shall provide minimum limits of $2,000,000 with a deductible maximum of $125,000 unless the City agrees to a higher deductible. Before commencing work, the Consultant shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. 11. INDEPENDENT CONTRACTOR. The City hereby retains the Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. The Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant’s performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant’s own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 12. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statute § 471.425. Consultant must pay subcontractor for all undisputed services provided by Subcontractor within ten days of Consultant’s receipt of payment from City. Consultant must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 13. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party.
14. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 15. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 16. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 17. RECORDS. The Consultant shall maintain complete and accurate records of time and expense involved in the performance of services. 18. AUDIT DISCLOSURE AND DATA PRACTICES. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City’s prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. CITY OF MENDOTA HEIGHTS BY: ________________________________ BY: _______________________________ Stephanie Levine, Mayor Its AND _______________________________ AND ______________________________ Lorri Smith, City Clerk
REQUEST FOR COUNCIL ACTION
DATE: April 6, 2021 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, Public Works Director
SUBJECT: Final Payment for the Delaware Avenue Reconstruction Project #200914 COMMENT:
INTRODUCTION
The Council is asked to approve the final payment for project #200914 for the reconstruction of
Delaware Avenue from Mendota Road to 500 feet north of Marie Avenue, a project which took
place in 2010-11.
BACKGROUND
The City Council entered into a Joint Powers Agreement (JPA) with Dakota County and West St.
Paul for County Project 63-22 on November 3, 2009. The JPA committed Mendota Heights to a
22.5% (percent) cost share for the project.
The project was completed in 2011, but there has been an unresolved issue regarding engineering
costs. Staff has been working periodically with Dakota County over the years to try to resolve
the overall project costs, and is just now in a position to recommend a resolution. The final
payment will include a utility fund payment, deducting the city’s engineering cost invoice,
including some infrastructure funds, and pay the remaining portion from Municipal State Aid.
DISCUSSION
The final costs to Mendota Heights for this project are:
Right-of Way Acquisition $113,875.79
Construction $236,752.08
Non-Participating (Sewer & Water) $101,319.85
County Engineering $136,465.90
Total Costs $588,413.62
Mendota Heights funded this project through Municipal State Aid (MSA), Utility Funds,
Infrastructure Funds, and In-kind match of engineering services. City Staff engineered and
developed plans for the storm sewer and water main portions of the project.
The city’s funding is allocated as:
Right-of Way Acquisition $113,875.79 (MSA)
Construction $236,752.08 (MSA)
Non-Participating (Sewer & Water) $141,847.79 (Utility Funds)
County Engineering $59,188.02 (Partial MSA)
Infrastructure Funds $2,398.04 (Infrastructure)
City Engineering Invoice $34,351.90 (City Invoice)
Total Costs $588,413.62
The final costs from the utility funds include a 40% (percent) indirect charge engineering
services. The city engineering files differ slightly from finance by $199.16, which would paid
from the infrastructure fund.
BUDGET IMPACT
Dakota County shows a current balance of $191,833.37 as being outstanding from the City. This
has been unresolved since 2011. Fortunately, the County has continued to waive all accrued
interest changes.
Again, the final payment will include the utility fund payment, deducting city invoice,
infrastructure funds, and the remaining portion from Municipal State Aid.
RECOMMENDATION
Staff recommends that the Mendota Heights City Council approve the final payment for the
Delaware Avenue Reconstruction Project, CP 63-22, City Project 200914.
ACTION REQUIRED
If Council concurs with the staff recommendation, they should pass a motion approving final
payment of $157,481.47 to Dakota County for the Delaware Avenue Reconstruction Project, by
simple majority vote.
DATE: April 6, 2021
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: 2021 4th of July Fireworks
Comment:
Introduction:
The City Council is asked give direction regarding a City sponsored 4th of July Fireworks display,
consider a request for an increase in the budgeted amount, and approve a down payment for the display,
should plans proceed.
Background:
For more than 20 years, the City of Mendota Heights has financially sponsored, in part or in full, a
fireworks display on Independence Day. Last year, however, because of the pandemic and resulting
social distancing requirements, Mendota Heights and most other displays in Minnesota were cancelled.
As of this writing, the City is still under the Governor’s Emergency Orders. However, given recent
positive trends regarding vaccinations and infection rates, restrictions are being loosened. Because of
the nature of fireworks displays, the City should be able to have a display this year in the manner in which
it has in recent past years.
I have been in contact with Northern Lighters, the group which has done the displays for Mendota
Heights. Northern Lighters is willing to proceed again this year. It indicates that it has seen an increase
in costs, especially with shipping costs. Northern Lighters states that to do the same length and quality of
show as has been done recently in Mendota Heights, the budget should be increased from $14,000, to
$16,000.
It also asks the City for a down payment of 50% in order that the fireworks may be ordered. It does
anticipate some supply chain problems which could limit options. They feel that the earlier the order can
be placed, the better.
I have previously asked Northern Lighters what would happen if the City approves and remits a 50%
down payment now, but it was later determined later that the display was unable to happen this year?
This could be due to either due to a resurgence of COVID, or because of other unforeseen circumstances.
In response, I was told that the down payment was not refundable, but it would be applied to a future
display.
It should be noted that Independence Day falls on a Sunday this year. There was a question raised as to
whether waiting to do a display on the 5th—a Monday night—would be preferable to a display on a
Sunday evening during a three day weekend. Northern Lighters is available either evening; it also says
that they could do it on the Saturday following the 4th weekend (July 10th), when even more people who
might have travelled during the holiday week would have returned home.
Budget Impact:
$14,000 was provided in the 2021 budget for the 4th of July fireworks display. An additional $2000 could
be taken from the Council’s contingency line item, should the Council approve increasing the budget to
$16,000.
Recommendation:
This is a policy decision by the City Council. The Mendota Heights fireworks displays are consistent with
the Council’s stated goal of “Enhance Connections with Community Partners, Businesses, and Residents”.
As such, I recommend approval, and at the $16,000 cost.
In order to minimize confusion in upcoming years, I also recommend staying with the traditional July 4th
display date.
Action Required:
If the City Council wants to hold the Independence Day fireworks display at a cost of $16,000, it should
pass a motion approving the display, and direct the staff to issue an $8000 check as a down payment to
Northern Lighters.
It should also affirm setting Sunday, July 4th, as the display date.
Mark McNeill
City Administrator
Request for City Council Action
MEETING DATE: April 6, 2021 TO: Mayor, City Council, and City Administrator FROM: Scott Goldenstein, Assistant Fire Chief SUBJECT: February 2021 Fire Synopsis COMMENT:
Fire Calls:
February had the Fire Department paged for service a total of 24 times.
Types of calls:
Medical/Extrication: 4 (+1 on Mutual/Auto aid) The Mendota Heights Fire Department
responded to two medicals and assisted medics on those scenes. In addition, we responded to two
vehicle accidents, one where the driver was able to get out of their vehicle on their own. The
second call involved a significant extrication. Firefighters had to get the patient out of a pickup
truck that had gone off of the freeway, ended up on its side, and having been pinned between the
freeway fence and a tree. Crews made initial patient access by removing the windshield and then
proceeded to remove the roof in order to complete the extrication. The patient was removed and
loaded with M Health for transport to the hospital. The station was paged at 8:06, arrived at 8:12
and the patient was being loaded into the ambulance at 8:31pm
Hazardous Situations: 3 February had the department out on three different carbon
monoxide calls. Two were false alarms and one involved a vehicle being left running in a garage
and firefighters checking the home for any elevated CO levels (of which none were found).
Service Calls: 1 The station responded to one fire call at a private residence that appeared to
have a sounding alarm relating to a power outage and then failed to reset. The department did
check for any hazards and advised the homeowner accordingly.
False Alarms/Good intent Calls: 4 In February, the Fire Department was paged to a total of
one system malfunction and three additional unintentional alarm system trips.
Dispatched and Cancelled En route: 8 (+3 on Mutual/Auto aid) The Fire Department had a
number of calls that cancelled before our arrival on scene this past month.
Mendota Heights 16 call(s)
Lilydale 2 call(s)
Mendota 0 call(s)
Sunfish Lake 1 call(s)
Other 5 call(s)
Total 24 call(s)
Mutual/Auto-Aid Other: 5 The Fire Department responded to a medical as a mutual
aid while their department was fighting a structure fire. The department was also paged out to
two reported apartment fires and one residential fire. The department was paged for a mutual aid
request to Red Wing that was paged in error by dispatch. Three of the five auto aid requests
cancelled before our arrival.
February Training
February 10 18:30 Mandatory 1 Firefighter Safety/Survival Option 1
This drill had multiple stations focusing on familiarity with the upcoming new SCBA air
packs. The main station had firefighters in dark, smoky conditions. Firefighters had to
locate the air pack components. After they found the air packs, they had to assemble them
and then continue the drill by having to put them on in zero visibility.
February 11 07:00 Mandatory 1 Firefighter Safety/Survival Option 2
This drill had multiple stations focusing on familiarity with the upcoming new SCBA air
packs. The main station had firefighters in dark, smoky conditions. Firefighters had to
locate the air pack components. After they found the air packs, they had to assemble them
and then continue the drill by having to put them on in zero visibility.
February 17 18:30 Mandatory 2 Blood Borne Pathogens and
Right To Know Option 1
This is a mandatory drill and is required by OSHA.
February 22 18:30 Safety/Survival Search & Rescue
This drill also focused on the new air packs. The drill was done in stations that involved
multiple stations with air pack and equipment familiarity. This drill was done with no visibility
and just using the firefighter’s hands to identify and assemble equipment in a team setting. They
also needed to communicate with a group leader (in a different room) as to what was occurring
as that person directed the drill from afar.
February 23 07:00 Safety/Survival Search & Rescue
This drill also focused on the new air packs. The drill was done in stations that involved
multiple stations with air pack and equipment familiarity. This drill was done with no visibility
and just using the firefighter’s hands to identify and assemble equipment in a team setting. They
also needed to communicate with a group leader (in a different room) as to what was occurring
as that person directed the drill from afar.
February 24 18:30 SCBA in Service
Our new SCBA equipment final delivery was delayed due to inclement weather in other parts of
the country. Consequently, this drill allowed firefighters to get their last sign offs, which showed
they had completed all assigned tasks demonstrating their familiarity with the new packs.
February 25 07:00 SCBA in Service
Our new SCBA equipment final delivery was delayed due to inclement weather in other parts of
the country. Consequently, this drill allowed firefighters to get their last sign offs, which showed
they had completed all assigned tasks demonstrating their familiarity with the new packs.
Number of Calls 24 Total Calls for Year 45
FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE
ACTUAL FIRES
Structure - MH Commercial $70,000
Structure - MH Residential $0
Structure - Contract Areas $0
Cooking Fire - confined $0
Vehicle - MH $0
Vehicle - Contract Areas $500
Grass/Brush/No Value MH
Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES
Other Fire
OVERPRESSURE RUPTURE $0 $0 $0
Excessive heat, scorch burns
MEDICAL
Emergency Medical/Assist 3
Vehicle accident w/injuries 1
Extrication 1 ALL FIRES, ALL AREAS (MONTH)$0
Medical, other
HAZARDOUS SITUATION $0
Spills/Leaks
Carbon Monoxide Incident 2 $0
Power line down
Arcing, shorting $70,000
Hazardous, Other 1
SERVICE CALL
Smoke or odor removal $500
Assist Police or other agency
Service Call, other 1
GOOD INTENT
Good Intent
Dispatched & Cancelled 11 Current To Date Last Year
Smoke Scare 16 32 28
HazMat release investigation 2 4 3
Good Intent, Other 0 0 4
FALSE ALARMS 1 1 1
False Alarm 5 8 10
Malfunction 1
Unintentional 3 Total:24 45 46
False Alarm, other
MUTUAL AID FIRE MARSHAL'S TIME FOR MONTH
Total Calls 24 Inspections 14.5
Investigations 0
WORK PERFORMED Hours To Date Last Year
Re-Inspection 0
Fire Calls 267.5 681 737
Meetings 14.5 66.5 232 Meetings 0
Training 397.25 750.75 547
Special Activity 51 51 59 Administration 18
Fire Marshal 36.5 85 0
Plan Review/Training 4
TOTALS 766.75 1634.25 1575 TOTAL:36.5
Mendota Heights Only Structure/Contents
Mendota Heights Only Miscellaneous
Mendota Heights Total Loss to Date
Contract Areas Loss to Date
Lilydale
Mendota
Sunfish Lake
Other
MENDOTA HEIGHTS FIRE DEPARTMENT
FEBRUARY 2021 MONTHLY REPORT
FIRE LOSS TOTALS
LOCATION OF FIRE ALARMS
Mendota Heights
REQUEST FOR COUNCIL ACTION
DATE: April 6, 2021
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Resolution 2021-27 Ordering of Improvements for the Ivy Falls East
Neighborhood Improvements Project No. 201906
COMMENT:
INTRODUCTION
The purpose of this memo is to request that the Council conduct a public hearing for the
proposed Ivy Falls East Neighborhood Improvements.
BACKGROUND
The preparation of a feasibility report for the Ivy Falls East Neighborhood Improvements was
authorized by the Mendota Heights City Council on October 2, 2019, when it adopted Resolution
2019-74. This follows the State’s Statute 429 process, and is required because the city intends to
assess a portion of the project.
The feasibility report for the Ivy Falls East Neighborhood Improvements was accepted by the
Mendota Heights City Council. It called for a Public Hearing to be held on April 6, 2021, when
it adopted Resolution 2021-20 at the March 2, 2021, city council meeting. The recommendation
of the feasibility report was to proceed with this project.
The proposed streets to be rehabilitated are Brompton Place, Downing Street, London Road,
Sutcliff Circle, Winston Circle, and Winston Court. Based on staff observations, as well as the
City’s pavement management system, a majority of these streets have deteriorated to the point
where it is no longer cost effective to patch the street and rehabilitation is necessary.
DISCUSSION
The feasibility report indicates the estimated costs for the project, along with preliminary
assessment estimates. At the end of the feasibility report, a project financing summary is
included to show project cost splits and funding sources to be utilized. The total estimated cost of
the project is $1,810,177 including indirect costs.
Staff held an informational meeting on March 24, 2021. The feasibility report also includes
constructing a new shared use trail connecting Sylvandale Road to Ivy Hills Park near
Woodridge Drive. The new trail would improve connectivity in the neighborhood. St Paul
Regional Water has also identified areas for water main replacement on Brompton Place, London
Road, Downing Street, and a small area in Winston Court.
Issues
A Neighborhood Informational Meeting was held on March 24, 2021 to provide the property
owners an opportunity to discuss the projects in an informal setting prior to the Public Hearing.
Staff presented the proposed improvements, project costs, estimated assessments and answered
resident’s questions. 12 residents attended the informational meeting representing approximately
the same number of properties. The project seemed to be well received with exception of some
properties adjacent to the proposed trail.
BUDGET IMPACT
Street improvement projects are proposed to be assessed to the benefiting property owners.
Pursuant to the City’s Street Rehabilitation and Reconstruction Policy, the benefiting properties
should be assessed 50% of the street reconstruction and rehabilitation costs. The following tables
show the estimated unit assessments based on the City policy.
PROJECT COSTS
ITEM CONSTRUCTION INDIRECT* TOTAL
STREET REHABILITATION $697,095.50 $174,273.88 $871,369.38
CURB REPLACEMENT $124,559.00 $31,139.75 $155,698.75
TRAIL CONSTRUCTION $38,908.00 $9,727.00 $48,635.00
STORM SEWER $25,250.00 $6,312.50 $31,562.50
WATER MAIN $562,329.00 $140,582.25 $702,911.25
Totals $1,448,141.50 $362,035.38 $1,810,176.88
* Includes 25% indirect costs for legal, engineering, administration, and finance.
FUNDING SOURCES
ITEM COST ESTIMATE ASSESSMENT MUNI. BONDS UTILITY FUNDS S.P.R.W.S.
STREET REHABILITATION $871,369.38 $390,500.00 $480,869.38
CURB REPLACEMENT $155,698.75 $155,698.75
TRAIL CONSTRUCTION $48,635.00 $48,635.00
STORM SEWER $31,562.50 $31,562.50
WATER MAIN $702,911.25 $702,911.25
Totals $1,810,176.88 $390,500.00 $685,203.13 $31,562.50 $702,911.25
ASSESSMENT CALCULATIONS
Assessable Costs $1,027,068.13
Assessment $513,534.06
Assessable Units 71
Estimated Unit Assessment per City Policy $7,232.87
Proposed Unit Assessment $5,500.00
Staff recommends that assessments be capped at $5,500 per unit for the Ivy Falls East
Neighborhood Improvements.
RECOMMENDATION
Staff recommends that the Council conduct the Public Hearing.
Following the hearing, if there are no unresolvable issues, it will recommend ordering the
improvements, authorizing staff to prepare the plans and specifications for the Ivy Falls East
Neighborhood Improvements.
ACTION REQUIRED
Council should conduct the public hearing.
Then, if City Council wishes to implement the staff recommendation, it pass the following
motion to adopt:
A RESOLUTION ORDERING OF IMPROVEMENT PROJECT AND PREPARATION
OF PLANS AND SPECIFICATIONS FOR THE IVY FALLS EAST NEIGHBORHOOD
IMPROVEMENTS PROJECT #201906.
This action requires a super majority (4/5ths) vote.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-27
A RESOLUTION ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IVY FALLS EAST NEIGHBORHOOD
IMPROVEMENT PROJECT (PROJECT #201906)
WHEREAS, on March 2, 2021, the Mendota Heights City Council authorized the holding of a
public hearing (the “Hearing”) under Minnesota Statutes, Chapter 429, as amended (the “Act”), to discuss
and consider various street rehabilitation projects, storm water infrastructure improvement and
replacement, aggregate base, concrete curb and gutter improvements, bituminous surfacing, and
appurtenant work (collectively, the “Improvements”), in and along portions of the following streets:
Brompton Place, Downing Street, London Road, Sutcliff Circle, Winston Circle, and Winston Court
(collectively, the “Assessment Area”); and
WHEREAS, also on March 2, 2021, the Council received a feasibility report on the
Improvements from the Public Works Director (the “Feasibility Report”), which report explored the
feasibility and estimated costs to provide the Improvements under the Act; and
WHEREAS, the estimated costs of the Improvements, as detailed in the Feasibility Report, is
$1,810,177, and will be financed from a combination of available City Utility Funds, Special
Assessments, and general obligation improvement bonds; and
WHEREAS, the Public Works Director has held neighborhood informational meetings in March,
to give property in the Assessment Area a summary of the Improvements, and the necessity of such
Improvements to the general overall health of the City; and
WHEREAS, ten days’ mailed notice and two weeks’ published notice of the Hearing was given,
as required by the Act, and the Hearing was held on the date hereof, at which time all persons desiring to
be heard were given an opportunity to be heard thereon; and
WHEREAS, a reasonable estimate of the total amount to be assessed, and a description of the
methodology used to calculate individual assessments for affected parcels within the Assessment Area,
has been made available for the Hearing.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Mendota Heights,
Minnesota, as follows:
1. The Improvements are necessary, cost-effective and feasible as detailed in the Feasibility
Report. Specifically, the Improvements are necessary to update the City’s street
infrastructure system, as many streets were originally constructed more than 40 years
ago, and contain pavement that has been continually patched, overlaid, seal coated, and
slurry sealed, but now is in need of rehabilitation. The repair of associated aging storm
water infrastructure concurrently with the street reconstruction is additionally
recommended for project efficiency. Finally, the Improvements are feasible from an
engineering standpoint.
2. The Improvements are hereby ordered. The Council shall let the contract for all or part
of the Improvements, as authorized by Section 429.041, Subdivision 1 of the Act, no later
than December 31, 2021.
3. The portion of the Improvements related to associated storm water infrastructure are
instituted under the Act, and this portion of the Improvements can be more economically
completed if consolidated and joined as one project with the Improvements, as allowed
pursuant to Minnesota Statutes, Section 435.56, as amended. Therefore, all subsequent
proceedings under the Act related to the Improvements shall be conducted in all respects
as if the various separate proceedings had originally been instituted as one proceeding.
The actions of City staff and consultants to consolidate the storm water infrastructure
portion of the Improvements with the remainder of the Improvements are approved and
ratified.
4. The Improvements have no relationship to the City’s Comprehensive Plan.
5. The Public Works Director shall prepare plans and specifications for the making of such
Improvements, which plans and specifications shall be placed on file at the City upon
completion.
6. The Council declares its official intent to reimburse itself for all or a portion of the costs
of the Improvements from the proceeds of tax-exempt bonds. The City has a reasonable
expectation that it will issue one or more series of tax-exempt bonds in the estimated
maximum principal amount of $1,810,177 to finance the Improvements, and the City will
make reimbursement allocations with respect to such original expenditures for the
Improvements from the proceeds of the Bonds.
Adopted by the City Council of the City of Mendota Heights this sixth day of April, 2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stephanie Levine, Mayor
ATTEST
_________________________
Lorri Smith, City Clerk
Request for City Council Action
MEETING DATE: April 6, 2021
TO: Mayor Levine and City Council, City Administrator McNeill
FROM: Tim Benetti, Community Development Director
SUBJECT: Joint Powers Agreement for Open to Business Program thru Dakota County
Community Development Agency – 2021
Introduction
The City Council is asked to consider approving a Joint Powers Agreement with the Dakota County
Community Development Agency (“CDA”), as part of the “Open to Business Program”, which is sponsored
by the CDA and the Metropolitan Consortium of Community Developers (“MCCD”).
Background
The CDA and the 11 largest cities in Dakota County launched Open to Business (“OTB”) in 2013, a
program that provides business advisory services and access to capital for entrepreneurs and small
businesses in Dakota County. The participating cities and CDA share the cost of the program. The CDA
enters into a Joint Powers Agreement with the 11 participating cities to act as the fiduciary agent and to
administer the contract with the MCCD, the OTB’s non-profit service provider.
The OTB Program offers a professional business consultant (through the MCCD), who is available for
walk-in appointments and can help plan and work through small business challenges. This service is free
to any Mendota Heights business or resident.
Natalie Mouilso is the newly assigned full-time OTB business advisor who works exclusively in Dakota
County. Ms. Mouilso provides one-on-one technical assistance to local business owners and aspiring
entrepreneurs on a wide range of topics including: business plan development, strategic planning, feasibility
analysis, marketing, networking, licensing, and cash flow and other financial projection development.
To assist the Council in better understanding this program, Ms. Mouilso and Lisa Alfson, Director of
Community and Economic Development/CDA will make a brief presentation on the OTP Program at the
April 6th meeting, and provide an update of this program and answer questions.
Budget Impact
The cost for the Open to Business program for 2021 is $125,000, which fee is spread out accordingly
between the 11 consortium cities based on the size of the community. For the City of Mendota Heights,
the FY 2021 fee is calculated at $5,000, of which the city pays only one-half ($2,500), while the CDA
provides the other $2,500 half with matching county funds.
Recommendation
Staff recommends that the City Council adopt a motion approving the Joint Powers Agreement by and
between the Dakota County Community Development Agency and the City of Mendota Heights for
participation in the 2021 Open to Business program; to authorize shared funding of not more than $2,500
for continued participation in this business program; and authorize the Mayor and City Administrator to
enter into the joint powers agreement with Dakota County.
Action Required
No resolution is required. This matter requires a simple majority vote.
1
Contract for Services
for the
Open To Business Program
THIS AGREEMENT is dated March 2, 2021 and is between the Dakota County Community
Development Agency (“CDA”) and Metropolitan Consortium of Community Developers, a
Minnesota nonprofit corporation (“MCCD”).
WHEREAS, the CDA, on behalf of itself and the eleven political subdivisions of the State of
Minnesota listed on Exhibit A hereto (the “Local Government Entities”), which each have
powers with respect to a city with a population over 10,000 (collectively the “Municipalities”),
wishes to engage MCCD to render services under a model known as “Open To Business,” an
initiative providing small business technical assistance services to existing businesses and
residents and other parties interested in opening a business within Dakota County (the
“County”) (the “Initiative”); and
WHEREAS, MCCD has successfully provided the services required to administer and carry out
the Initiative in Dakota County from 2013 - 2020; and
WHEREAS, pursuant to CDA Resolution No. 21-6387, adopted on February 16, 2021 (the
“Resolution”), the CDA is authorized to enter into this agreement with MCCD for the Initiative;
and
WHEREAS, pursuant to the Resolution and certain joint powers agreements to be entered into
between the CDA and the Local Government Entities (the “Joint Powers Agreements”), the
CDA will act as fiscal agent for the Local Government Entities in connection with this
Agreement; and
WHEREAS, the CDA will pay from its own funds 50% of the fee charged by MCCD for the
Initiative in the Municipalities and 100% of the fee charged by MCCD for the Initiative in the
small cities and townships within the County with populations of less than 10,000 people
(“Small Cities and Townships”), as further described herein and in Exhibit A; and
WHEREAS, pursuant to the Joint Powers Agreements, the Local Government Entities will be
required to pay a Participation Fee to the CDA in accordance with the schedule in Exhibit A,
representing the remaining 50% of the fee charged by MCCD for the Initiative in the
Municipalities.
Now therefore, for good and valuable consideration, the receipt of which is hereby
acknowledged, the parties agree as follows:
TIME OF PERFORMANCE
The term of this Agreement and the period during which MCCD will provide services
hereunder will commence on January 1, 2021 and will end on December 31, 2021,
DocuSign Envelope ID: 537872C2-F448-4E21-ACF6-36678EDDDF2F
2
subject to earlier termination as provided herein. MCCD will perform services necessary
to carry out the Initiative as promptly as possible, and with the fullest due diligence.
COMPENSATION
Subject to reduction as provided below, the CDA will compensate MCCD for its services
hereunder an amount equal to One Hundred Twenty-Five Thousand Dollars ($125,000)
(“Contract Amount”). The CDA will pay such amount in two equal installments, the first
no earlier than March 1, 2021 and the second no earlier than September 30, 2021, upon
receipt of invoices from MCCD. Subject to the limits above, payments will be due
within 15 days of receipt of the respective invoices. The portion of the Contract Amount
payable from Participation Fees will be payable by the CDA only from and to the extent
such Participation Fees are paid by the respective Local Government Entities.
In the event a Local Government Entity does not pay to the CDA its Participation Fee in
amounts and by the deadline described in Exhibit A, the CDA will notify MCCD, and
MCCD will immediately cease the Initiative in that Municipality. Upon such
termination, the Contract Amount will be reduced by an amount equal to the Participation
Fee which such Local Government Entity did not pay and the amount the CDA would
have paid as a matching payment.
SCOPE OF SERVICES
MCCD will provide technical assistance to existing businesses, residents and those
parties interested in starting a business in any of the Municipalities and Small Cities and
Townships as further described on Exhibit B and Exhibit C attached hereto, which sets
forth the Dakota Open to Business Program Scope of Services.
REPORTING
MCCD will submit quarterly reports to the CDA in form and substance acceptable to the
CDA. Reports will provide information in the aggregate for the County and will include
a sub-report for each Municipality and each of the Small Cities and Townships. Reports
will include the following information:
Number of inquiries
Hours of technical assistance provided
Hours of dedicated program HRS (city initiatives, program outreach, public
events, city meetings, research, client follow-up, data/admin, general inquires)
Type of business
Annual sales revenue
Number of businesses opened
Number of business expanded/stabilized
DocuSign Envelope ID: 537872C2-F448-4E21-ACF6-36678EDDDF2F
3
Number and amounts of financing packages
Demographic information on entrepreneurs
Business city or resident city
The required reporting schedule is as follows:
1st quarter January – March, report due April 30th
2nd quarter April – June, report due July 31st
3rd quarter July – September, report due October 31st
4th quarter October – December, report due January 31, 2022
In addition to the foregoing, MCCD will provide additional reports as reasonably
requested by the CDA or funding partners (Municipalities).
PERSONNEL
MCCD represents that it has, or will employ or contract for, at its own expense, all
personnel required to perform the services necessary to carry out the Initiative. Such
personnel will not be employees of, or have any contractual relationship with, the
County, the CDA or any of the Local Government Entities. No tenure or any other rights
or benefits, including worker’s compensation, unemployment insurance, medical care,
sick leave, vacation pay, severance pay, or any other benefits available to the County’s,
the CDA’s or any of the Local Government Entities’ employees shall accrue to MCCD or
employees of MCCD performing services under this agreement. The MCCD is an
independent contractor.
All of the services required to carry out the Initiative will be performed by MCCD and all
personnel engaged in the work shall be fully qualified and shall be authorized or
permitted under State and local law to perform such work.
Natalie Mouilso shall be the dedicated MCCD Initiative advisor for Dakota County,
CDA, and Local Government Entities for the duration of this contract. If there are
changes to Ms. Mouilso’s position or job duties with MCCD, the CDA will informed
immediately.
USE OF CDA OFFICE SPACE
The CDA will make available a cubicle space for MCCD personnel at the CDA office
building for use by MCCD in carrying out the Initiative. MCCD personnel will have
access to the CDA’s meeting rooms, wireless internet service, copy machines and
printers. MCCD personnel shall comply with all CDA office rules and policies regarding
the use of CDA office space, equipment and internet access. If the CDA, in its sole
discretion, determines that MCCD Personnel have failed to comply with CDA office
rules and policies, MCCD Personnel will be required to vacate the CDA office and the
CDA will cease to provide MCCD office space to carry out the Initiative.
DocuSign Envelope ID: 537872C2-F448-4E21-ACF6-36678EDDDF2F
4
Even though the CDA office is not open to the public, due to the COVID-19 pandemic,
MCCD personnel may utilize office space, as needed, but shall not meet any external
parties in the CDA office.
INTEREST OF MEMBERS OF THE CDA AND OTHERS
No officer, member, or employee of the CDA and no member of its governing body, and
no other public official or governing body of any locality in which the Initiative is
situated or being carried out, who exercises any functions or responsibilities in the review
or approval of the undertaking or carrying out of the Initiative, will participate in the
decision relating to this Agreement which affects his/her personal interest or the interest
of any corporation, partnership, or association in which he/she is, directly or indirectly,
interested or has any personal or pecuniary interest, direct or indirect, in this Agreement.
ASSIGNABILTY
MCCD will not assign any interest in this Agreement, and will not transfer any interest in
the same without the prior written approval of the CDA.
COMPLIANCE WITH LOCAL LAWS
MCCD agrees to comply with all federal laws, statutes and applicable regulations of the
State of Minnesota and the ordinances of the Local Government Entities.
INSURANCE
MCCD agrees at all times during the term of this Agreement, and beyond such term when
so required, to have and keep in force the following insurance coverages:
Limits
1. Commercial General Liability on an occurrence
basis with contractual liability coverage:
General Aggregate $2,000,000
Products—Completed Operations Aggregate 2,000,000
Personal and Advertising Injury 1,500,000
Each Occurrence—Combined Bodily
Injury and Property Damage 1,500,000
2. Workers’ Compensation and Employer’s Liability:
Workers’ Compensation Statutory
In the event that MCCD should hire employees or
subcontract this work, MCCD shall obtain the
required insurance.
Employer’s Liability. Bodily injury by:
DocuSign Envelope ID: 537872C2-F448-4E21-ACF6-36678EDDDF2F
5
Accident—Each Accident 500,000
Disease—Policy Limit 500,000
Disease—Each Employee 500,000
INDEMNIFICATION
MCCD agrees to defend, indemnify, and hold harmless the County, the CDA, the Local
Government Entities, and each of their respective officials, officers, agents, volunteers
and employees from any liability, claims, causes of action, judgments, damages, losses,
costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly
from any act or omission of MCCD, its subcontractors, anyone directly or indirectly
employed by MCCD or any of its subcontractors, and/or anyone for whose acts and/or
omissions MCCD may be liable in the performance of the services required by this
Agreement, and against all loss by reason of the failure of MCCD to perform any
obligation under this Agreement.
NOTICES
A notice, demand, or other communication under the Agreement by either party to the
other shall be sufficiently given or delivered if it is dispatched by mail, postage prepaid,
return receipt requested, or delivered personally; and
(a) In the case of MCCD, is addressed or delivered personally to:
Metropolitan Consortium of Community Developers
3137 Chicago Avenue South
Minneapolis, MN 55407
(b) In the case of the CDA is addressed or delivered personally to:
Lisa Alfson, Director of Community and Economic Development
Dakota County Community Development Agency
1228 Town Centre Dr.
Eagan, MN 55123
or at such other address with respect to any party as that party may designate in writing
and forward to the other as provide in the Section.
MODIFICATION
This Agreement may not be modified, changed, or amended in any manner whatsoever
without the prior written approval of all the parties hereto.
NON-DISCRIMINATION
In connection with its activities under this Agreement, MCCD will not violate any
Federal or State laws against discrimination.
DocuSign Envelope ID: 537872C2-F448-4E21-ACF6-36678EDDDF2F
6
DEFAULT AND CANCELLATION
Failure of the MCCD to perform any of its obligations under this Agreement to the
satisfaction of the CDA will constitute a default hereunder.
Unless MCCD’s default is cured within 15 days following notice by the CDA, the CDA
may (i) cancel this Agreement in its entirety by 5 additional days’ written notice to
MCCD, or (ii) withhold payment from MCCD as long as such default continues.
MINNESOTA LAWS GOVERN
The Laws of the State of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations
between the parties and their performance. The appropriate venue and jurisdiction for
any litigation will be those courts located within the County. Litigation, however, in the
federal courts involving the parties will be in the appropriate federal court within the
State of Minnesota. If any provision of this Agreement is held invalid, illegal or
unenforceable, the remaining provisions will not be affected.
DocuSign Envelope ID: 537872C2-F448-4E21-ACF6-36678EDDDF2F
7
DAKOTA COUNTY COMMUNITY
DEVELOPMENT AGENCY
By:_______________________________
Tony Schertler, Executive Director
Date: _____________________________
MCCD
By:
Printed Name: Elena Gaarder
Printed Title: Chief Executive Officer
Date:
DocuSign Envelope ID: 537872C2-F448-4E21-ACF6-36678EDDDF2F
3/2/2021
3/10/2021
8
Exhibit A
2021 Local Government Entity Participation Fee Schedule
Municipality Local Government
Entity
Total
Fee
CDA
Share of
Fee
Local Government
Entity Participation
Fee
Eagan
Eagan Economic Development
Authority $15,000 $7,500
$7,500
Burnsville
City of Burnsville
$15,000 $7,500
$7,500
Lakeville
City of Lakeville
$15,000 $7,500
$7,500
Apple Valley
Apple Valley Economic
Development Authority $13,000 $6,500
$6,500
Inver Grove
Heights
Inver Grove Heights Economic
Development Authority $11,000 $5,500 $5,500
Hastings
Hastings Economic
Development and
Redevelopment Authority
$9,000 $4,500 $4,500
Rosemount
Rosemount Port Authority $9,000 $4,500 $4,500
Farmington
Farmington Economic
Development Authority
$9,000 $4,500 $4,500
South St. Paul
South St. Paul Economic
Development Authority
$9,000 $4,500 $4,500
West St. Paul
West St. Paul Economic
Development Authority
$9,000 $4,500 $4,500
Mendota
Heights
City of Mendota Heights $5,000 $2,500 $2,500
Small Cities
and Townships
n/a $6,000 $6,000 $0
Total $125,000 $65,500 $59,500
DocuSign Envelope ID: 537872C2-F448-4E21-ACF6-36678EDDDF2F
9
Exhibit B
Dakota Open To Business Program Scope of Services
Open To Business (“OTB”) Technical Assistance Services
MCCD will provide intensive one-on-one technical assistance to Municipalities’ and Small
Cities’ and Townships’ businesses, residents and aspiring entrepreneurs intending to establish,
purchase, or improve a business in Municipalities and Small Cities and Townships within Dakota
County (the “County”). MCCD will dedicate one full time staff person based in the County to
provide the Technical Assistance Services (“Dakota OTB Staff”). In addition, MCCD will make
available the expertise of all MCCD technical and support staff in the delivery of services to
Dakota Open to Business Program. Technical assistance includes, but is not limited to, the
following:
Business plan development
Feasibility analysis
Marketing
Cash flow and other financial projection development
Operational analysis
City and State licensing and regulatory assistance
Loan packaging, and other assistance in obtaining financing
Help in obtaining competent legal advice
MCCD Dakota OTB Staff will be available to meet clients at the CDA office building, various
Municipality city halls or at the client’s place of business. During the COVID-19 pandemic,
MCCD Dakota OTB staff will only meeting clients in-person if the MCCD Dakota OTB staff are
comfortable; otherwise, client meetings will be held virtually and/or on the phone.
Open To Business Access to Capital
Access to capital will be provided to qualifying businesses through MCCD’s Emerging Small
Business Loan Program (see Exhibit C Small Business Loan Program Guidelines below).
MCCD also provides it’s financing in partnership with other community lenders, banks or Local
Government Entities interested in making capital available to residents and/or businesses in their
community.
DocuSign Envelope ID: 537872C2-F448-4E21-ACF6-36678EDDDF2F
10
EXHIBIT C
Small Business Loan Program Guidelines
Loan Amounts:
Up to $25,000 for start-up businesses
Larger financing packages for established businesses
Designed to leverage other financing programs as well as private financing provided by
the commercial banking community.
Eligible Projects:
Borrowers must be a “for-profit” business.
Business must be complimentary to existing business community.
Borrowers must have equity injection as determined by fund management.
Allowable Use of Proceeds:
Loan proceeds can be used for working capital, inventory, building and equipment and
general business operations.
Interest Rates:
Loan interest rate is dependent on use, term and other factors, not to exceed 10%.
Loan Term Length:
Loan repayment terms will generally range from three to five years, but may be
substantially longer for major asset financing such as commercial property.
Fees and Charges:
Borrowers are responsible for paying all customary legal and other loan closing costs.
DocuSign Envelope ID: 537872C2-F448-4E21-ACF6-36678EDDDF2F
Joint Powers Agreement
JOINT POWERS AGREEMENT
Open to Business Program
THIS JOINT POWERS AGREEMENT (this “Agreement”), is made as of March 2, 2021,
by and between the DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (the
“CDA”), a public body corporate and politic organized and existing under the laws of the State of
Minnesota (the “State”), and each of the CITY OF BURNSVILLE, CITY OF LAKEVILLE, CITY
OF MENDOTA HEIGHTS, INVER GROVE HEIGHTS ECONOMIC DEVELOPMENT
AUTHORITY, APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY, EAGAN
ECONOMIC DEVELOPMENT AUTHORITY, HASTINGS ECONOMIC DEVELOPMENT
AND REDEVELOPMENT AUTHORITY, ROSEMOUNT PORT AUTHORITY,
FARMINGTON ECONOMIC DEVELOPMENT AUTHORITY, SOUTH ST. PAUL
ECONOMIC DEVELOPMENT AUTHORITY, AND WEST ST. PAUL ECONOMIC
DEVELOPMENT AUTHORITY, MINNESOTA (each individually a “Local Government
Entity” and together the “Local Government Entities”), each a political subdivision of the State.
RECITALS:
A. In order to pursue common goals of fostering economic development, the CDA and
the Local Government Entity Cities desire to engage the Metropolitan Consortium of Community
Developers, a Minnesota non-profit corporation (“MCCD”) to undertake the “Open To Business
Program” (the “Program”) within Dakota County (the “County”).
B. Pursuant to the Program, MCCD will provide technical assistance and access to
capital to small business and potential entrepreneurs in the County.
C. The CDA and the Local Government Entities propose to jointly exercise their
common economic development powers to undertake the Program.
NOW, THEREFORE, in consideration of the mutual covenants and obligations of the
CDA and each of the Local Government Entities, each party does hereby represent, covenant and
agree with the others as follows:
Section 1. Representations. Each of the Local Government Entities and the CDA
makes the following representations as to itself as the basis for the undertaking on its part herein
contained:
(a) It is a political subdivision of the State of Minnesota with the power to enter
into this Agreement and carry out its obligations hereunder.
Joint Powers Agreement 2
(b) Neither the execution and delivery of this Agreement, the consummation of
the transactions contemplated hereby, nor the fulfillment of or compliance with the terms
and conditions of this Agreement is prevented, limited by or conflicts with or results in a
breach of, the terms, conditions or provisions of any restriction or any evidences of
indebtedness, agreement or instrument of whatever nature to which it is now a party or by
which it is bound, or constitutes an event of default under any of the foregoing.
Section 2. Powers to be Exercised. The powers to be jointly exercised pursuant to
this Agreement are the powers of the CDA and the Local Government Entities under Minnesota
Statutes, Chapter 469, to undertake activities to promote economic development within their
respective jurisdictions.
Section 3. Method for Exercising Common Powers; Funds. The CDA, on its own
behalf and on behalf of the Local Government Entities, will initially enter into an agreement with
MCCD in substantially the form attached hereto as Exhibit A (the “Agreement”) to engage
MCCD to operate the Program within Dakota County. The CDA and each of the Local
Government Entities will make payments to MCCD as described in Exhibit A of the Agreement.
The CDA may from time to time execute and deliver documents amending, modifying or
extending the Agreement as it deems necessary or convenient, provided, that no such document
will adversely affect services provided to, or amounts payable by, any Local Government Entity
without the prior written consent of such Local Government Entity.
Section 4. Limited Liability. Neither the CDA nor the any of the Local Government
Entities shall be liable for the acts or omissions of the other in connection with the activities to be
undertaken pursuant to this Agreement. To the extent permitted by law, (a) the CDA hereby
indemnifies the Local Government Entities for costs associated with claims made against the
Local Government Entities directly relating to actions taken by the CDA, and (b) each Local
Government Entity hereby indemnifies the CDA for costs associated with claims made against
the CDA directly relating to actions taken by such Local Government Entity. Nothing herein
shall be deemed a waiver by the indemnifying party of the limits on liability set forth in
Minnesota Statutes, Chapter 466; and the indemnifying party shall not be required to pay, on
behalf of the indemnified party, any amounts in excess of the limits on liability set forth in
Minnesota Statutes, Section 466.04, less any amounts the indemnifying party is required to pay
on behalf of itself, its officers, agents and employees for claims arising out of the same
occurrence.
Section 5. Conflict of Interests; Representatives Not Individually Liable. The CDA
and each of the Local Government Entities, to the best of its knowledge, represents and agrees that
no member, official or employee of their respective bodies shall have any personal interest, direct
or indirect, in this Agreement, nor shall any such member, official or employee participate in any
decision relating to this Agreement which affects his or her personal interests or the interests of any
corporation, partnership, or association in which he or she is directly or indirectly interested. No
member, official or employee of the CDA or any Local Government Entity shall be personally
liable with respect to any default or breach by any of them or for any amount which may become
due to the other party or successor or on any obligations under the terms of this Agreement.
Joint Powers Agreement 3
Section 6. Term; Distribution of Property. The term of this Agreement shall expire
on December 31, 2021. There is no property which will be acquired by the CDA or any Local
Government Entity pursuant to the Program which would need to be distributed at the end of the
term hereof.
Section 7. Notices and Demands. A notice, demand or other communication under
this Agreement by any party to another shall be sufficiently given or delivered if it is dispatched by
registered or certified mail, postage prepaid, return receipt requested or delivered personally to the
person and at the addresses identified on each signature page hereto, or at such other address with
respect to either such party as that party may, from time to time, designate in writing and forward
to the other as provided in this Section.
Section 8. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
[Remainder of page intentionally left blank]
Joint Powers Agreement
S - 1
IN WITNESS WHEREOF, the CDA and the Local Government Entities have caused this
Agreement to be duly executed in their respective names and behalf as of the date first above
written, with actual execution on the dates set forth below.
DAKOTA COUNTY COMMUNITY
DEVELOPMENT AGENCY
Dated:_____________________ By _______________________________
Its Executive Director
Notice Address:
Dakota County Community Development Agency
1228 Town Centre Drive
Eagan, MN 55123
Attn: Lisa Alfson, Director of Community and Economic Development
Joint Powers Agreement
S - 5
CITY OF MENDOTA HEIGHTS
Dated: _______________ By _________________________________
Its ________________________________
By _________________________________
Its ________________________________
Notice Address:
1101 Victoria Curve
Mendota Heights, MN 55118
Attn: ______________________________
Joint Powers Agreement
A - 1
Exhibit A
Contract for Services for the Open To Business Program
Clients Served
Client Inquiry 8
Existing - Challenged 31
Existing -Opportunity 37
Pre-start planning 44
Start-up 28
Total 148
Financing & Access to Capital
Approved (YRLY Total) $ 98,000.00
Equity (YRLY Total) $ 3,000.00
Facilitated (YRLY Total) $ 133,000.00
Program Hours
TA Program HRS
1st QTR 330.01 113.25
2nd QTR 125.25 18.00
3rd QTR 174.50 240.00
4th QTR 194.00 286.00
Total 823.85 657.25
TA: Client Meetings, Providing Resources, Client
Calls, Client Deliverables, Loan Packaging
Program HRS: City Initiatives, Program
Outreach, Public Events, City Meetings,
Research, Client Follow Up, Data/Admin,
General Inquiries
Dakota County Year End Report – 12.31.2020
Open to Business
3137 Chicago Ave
Minneapolis, MN 55407
612-789-7337
Industry Segment
Construction 10
Food 40
Health/Fitness 17
Manufacturing 3
Consulting 9
Retail 17
Service 44
Technology 7
Wholesale / Distribution 1
Total 148
Referral Source
Bank Referral
12
Entrepreneur 11
Friends and Family 5
Municipality 43
Other 24
Web 43
Total 148
City Business Resident
Apple Valley 9 10
Burnsville 19 14
Eagan 22 21
Farmington 13 10
Hastings 9 5
Inver Grove 6 7
Lakeville 20 12
Rosemount 11 10
Mendota Heights 4 5
South St. Paul 4 3
West St. Paul 8 3
Other / No Data 23 48
Dakota County Quarterly Report – Year End 2020
2
Direct Financing & Access to Capital*
Facilitated Funding - (Q2 - 2020): DEED SBEL
Business Type: Fitness
Location: Apple Valley
Referred by: DEED
Facilitated Financing: $35,000.00
Other Financing: DEED Funding/MCCD Underwriting/MCCD Disbursement
Overview: This financing was from the DEED SBEL grant. When the grant was announced MCCD notified
all their clients. DEED provided the funds, MCCD contacted the applicants, collected the required
documentation to complete the application, did the underwriting, and funded the applicants that DEED
approved. MCCD then assisted (the applicants who responded to information requests) with the
required documentation to qualify for the award. The total funding was $35,000.00.
Last Closed Loan- (Q2 - 2020)
Business Type: Fitness
Location: Mendota Heights
Referred by: Municipality
OTB Financing: $33,000.00
Other Financing: Owner Project Equity
Overview: MCCD direct financing for an established martial arts instruction and fitness center.
Last Closed Loan- (Q2 - 2020)
Business Type: Food
Location: West St Paul
Referred by: Community Partner
OTB Financing: $15,000.00
Equity: $3,000.00
Overview: MCCD did the underwriting for a community partner. This loan was for an established Latino
restaurant.
Last Closed Loan- (Q1 - 2020)
Business Type: Construction
Location: Farmington
Referred by: Municipality
OTB Financing: $50,000.00
Equity: Owner Project Equity
Overview: Contractor utilized OTB revolving financing for projects.
*Does not capture SBA EIDL and PPP loans/funding MCCD helped clients apply for and/or understand
what was required to be eligible for the EIDL or PPP loans from the US Treasury.
Dakota County Quarterly Report – Year End 2020
3
Q4 Highlights – Networking & Outreach
x Business Boot Camp is a new program designed for existing businesses where participants
engage in a multi-session program to receive a 360-degree review of their business. A team of
OTB Business Advisors will work with each client in-depth to refresh their business plan for the
new year and develop new strategies. I’ve received a handful of inquiries already – thank you
for your assistance getting the word out. The application will be live before the end of January.
x I will be a presenter at Inver Hills Community College’s Student Success Day on February 23,
2021 on the topic of Strategies to Build Your Online Business where I’ll provide an overview of
how to create and grow an online business. Participants will gain knowledge, tools, and
resources to help them successfully navigate the E-commerce landscape. Info on Student
Success Day available at https://www.inverhills.edu/ssd/
x In collaboration with Dakota Co. Library adult services department, a colleague and I are
presenting a three-part webinar series tailored to the needs of local small businesses with a
focus on the Somali business community in Dakota County. The library has worked with the
Somali community in the past and enlisted OTB to provide the expertise needed to support
these businesses. More information and registration available at
https://www.co.dakota.mn.us/libraries/Programs/Adults/Pages/career-small-business.aspx
x Outreach from Q4 includes meetings with the Hastings Chamber, the Dakota County Chamber,
City of Farmington, City of Lakeville EDC, City of Hastings HEDRA, Frandsen Bank, Wells Fargo
Bank, and Merchants Bank.
x Upcoming meetings and presentations include the City of Burnsville presentation Jan 27, City of
Apple Valley presentation Jan 28, Dakota Co. Library webinar Feb 16, Inver Hills Community
College webinar Feb 23, Dakota Co. Library webinars Mar 2 & 9.
x Virtual office hours have streamlined the scheduling process and increased
transparency/accessibility for clients. Hours are Mondays and Wednesdays from 1 – 3 PM and
Friday mornings from 9:30 – noon. The signup link is in my email signature.
x Distribution of printed tri-fold brochures and business cards continues to city halls, libraries, and
chambers throughout Dakota County.
x MCCD staffing updates include two new bilingual staff members; we now have the capability to
provide TA in Somali and Vietnamese.
x Designed and circulated Q4 Open to Business advertisement featuring a preview for Business
Boot Camp program.
x New Client Success Story project rolling out in 2021 with assistance from MCCD’s
Communications Coordinator.
Selected Client Feedback
“More people are able to find me now on Google, so I’ve been getting a lot of phone calls and searches
from customers.” – Business Owner, Burnsville, beauty and wellness industry
“It's always great (and so rare!) to be able to get a set of independent eyes on what we're doing to help
strategize and offer advice.” – Business Owner, West Saint Paul, restaurant industry
“I am so glad we connected! Our conversation was quite helpful and encouraging.” – Business Owner,
Farmington, tax preparation and consulting
Join us for this interactive series of events designed to connect the
needs of local small businesses with expert advice and available
resources. Presented in partnership with Metropolitan Consortium
of Community Developers. Geared for adults. Registration required
separately for each event.
Register online now.
Part I: Sharing Session
Tuesday, Feb. 16, 2–3:30 pm
Share your needs, wants and
successes with other local
business leaders. Library staff
and Open to Business advisors
will offer resources to help your
business move forward in 2021
and beyond.
Part II & III: Learning Sessions
Tuesdays, March 2 & 9, 2–3:30 pm
Join us for presentations by Open
to Business advisors on topics you
want to learn about. Discussion
topics will be selected at Part
1 of this three-part series and
facilitated by experts in the field.
Support for Local Small Businesses
FREE VIRTUAL WORKSHOP:
Interested in learning more?Contact info@mccdmn.org or visitopentobusinessmn.org to apply.Open to Business is accepting applications for Business Boot Camp 2021. This free program is designed for existing business owners looking to sharpen skills and define strategies for the year ahead. Participants will receive: • A tailored business review by subject-matter experts• One-on-one sessions for in-depth discussion• A work plan with concrete steps to achieve business goalsNow AcceptingApplications!
REQUEST FOR COUNCIL ACTION
DATE: April 6, 2021
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Discuss Old Sibley Memorial Highway
COMMENT:
INTRODUCTION
The purpose of this memo is to request that the Council provide staff direction on the future of
Old Sibley Memorial Highway.
BACKGROUND
The Minnesota Department of Transportation (MnDOT) has been in discussion with Mendota
Heights regarding a turn back of Old Sibley Memorial Highway since the early 1990’s when
Highway 13 was realigned with the Mendota Interchange Project. The Mendota Interchange
project made this road redundant to the State Highway system and MnDOT is looking to turn
back the roadway or permanently remove the road.
The road has Average Annual Daily Traffic (AADT) of 2550 vehicles counted in 2019. The
streetlights data for this roadway is attached and shows that a majority of the traffic using this
road are coming from and heading to non-local destinations.
In 1994, Mendota Heights proposed renaming this street to Galtier Road after Father Galtier of
St. Peters Church. As shown in the attached memo from that era, one individual writing on
behalf of the City of Mendota objected to Mendota Heights proposing to rename the road. The
city of Mendota was concerned that this allowance would someday result in Mendota Heights
owning the road. There is mention in that memo that Mendota Heights was on record stating that
this road is not necessary for its traffic movements. Mendota was concerned that Mendota
Heights could one day shut down the road which Mendota claims must remain open to support
their city.
The 1994 memo discusses that this roadway would be turned over to Dakota County and remain
open. However, Dakota County has no interest in the road’s ownership at this time, and would
prefer the road be closed or used for park purposes rather than a new County Road.
It should also be noted that there was testimony from neighboring residents at the time that the
Mendota Apartments (Swenson project) was being proposed about concerns about the impacts of
that additional traffic on the frontage road (TH 13). The closure of Old Sibley Memorial
Highway could mean that a substantial portion of the 2550 average daily traffic would then be
diverted to that road.
The Police Chief expresses no strong feelings either way about whether the stretch should remain
open. When the two businesses which front onto Old Sibley Memorial Highway were consulted
about this when it was last seriously discussed three years ago, their response at the time was that
they would prefer that it remain open to through traffic.
DISCUSSION
MnDOT has provided the city with three options for the future of this roadway.
1. Permanently close the road and add a cul-de-sac north of the two existing
business properties along the road. MnDOT would perform this work for a cost
of $750,000.
2. Rehabilitate the road with a new asphalt surface. MnDOT would perform this
work or provide the city with $1,200,000.
3. Rehabilitate the road with new asphalt and install a ribbon curb. MnDOT would
perform this work or provide the city with $1,460,000.
All options would include ditch drainage improvements, ravine stabilization, a right turn lane at
Mendota Heights Road, and other appurtenant work. MnDOT is still reviewing if the work will
include improvements to the storm water pond adjacent to the Mendota Bridge; staff has also
requested that access to a material storage site adjacent to this pond also be included.
The City Council may consider all possible repercussion of the options. If the city accepts the
roadway, how will future maintenance be funded? MnDOT policy would allow the city to
allocate this road as a Municipal State Aid Street as a State Highway turn back which will
generate additional State funds over its current maximized allowable mileage. Mendota Heights
is receiving $463,576 dollars in 2021 for its 15.34 miles of State Aid Streets. This equals
$30,220 per mile of street. This road measures approximately 1.35 miles which should draw
needs of around $40,000 per year. Comparing this to option 2 above, it would take 29.5 years to
save money for an overlay.
If the city desires to proceed with option 1, it should consider the route that the current 2550
vehicles would use instead, the impact to the roadways that this traffic will present, the impact to
the local business, potential impact to the city of Mendota, and non-commuter use by local
residents.
RECOMMENDATION
Based on the potential impact of the added diverted traffic on the existing street system in
Mendota Heights, and that the additional MSA money could go to eventual rehabilitation costs in
the future, staff recommends Option 3 (keep the road open, and have MNDOT rehabilitate it
with a ribbon curb).
ACTION REQUIRED
If the Council concurs, it should direct staff to notify MNDOT that the City will accept Option
#3—rehabilitate the road with new asphalt and a ribbon curb at MNDOT’s cost, and that the
materials storage site also be included in the turn back to the City.
This action requires a simple majority vote.
HI
G
H
W
A
Y
5
5
HIGHW
A
Y
1
3
PILOT KNOB RDSIBLEY MEMORIAL HWYHIGHWAY 6
2
MENDOTA HEIGHTS RDD ST
L
E
M
A
Y
L
A
K
E
R
D
W
A
T
E
R
S
D
R
ENTER
P
R
I
S
E
D
R ACACIA DR4TH ST
LEMAY AVE
ACACIA BLVD
VICTORIA CURV
COMMERCE DR
KENDON LNPICNIC ISLAND RDVALENCOUR CIRLEM
A
Y
L
A
K
E
D
RWINDY
RDG
LAKEVIEW AVE
FURLONG AVE
VICTORY AVE
HIGHWAY 55HIGHWAY 62
Old Sibley Memorial Highway
Date: 4/1/2021
City of
Mendota
Heights01,000
SCALE IN FEET
GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
Old Sibley Memorial Highway Streetlight OD Analysis
Old Sibley Memorial Highway NB Origin
Midway along Old Sibley Memorial Highway,
85% of NB trips are destined to non‐local
locations (beyond approximately 1 mile from
Old Sibley Memorial Highway).
6% of local trips are internal. Using the above
percentages entering and exiting the Midway
Old Sibley zone, 61.5% of NB traffic is non‐
local, with the remaining 38.5% local/local, non‐
local/local, or local/non‐local trips.
Old Sibley Memorial Highway NB Destination
Midway along Old Sibley Memorial Highway,
75% of NB trips are coming from non‐local
locations (beyond approximately 1 mile from
Old Sibley Memorial Highway).
Old Sibley Memorial Highway NB Origin (going to)
Old Sibley Memorial Highway NB Destination (coming from)
Removed <1.0% outlier zones. To the north, traffic coming from Old Sibley NB is more spread out. To the
south, traffic going to Old Sibley NB is coming from along TH 13/US 169 corridors. Roughly the 40%
local/60% non‐local holds true.
Old Sibley Memorial Highway SB Origin
Midway along Old Sibley Memorial Highway,
70% of SB trips are destined to non‐local
locations (beyond approximately 1 mile from
Old Sibley Memorial Highway).
Again, 6% of local trips are internal. Using the
above percentages entering and exiting the
Midway Old Sibley zone, 60.5% of SB traffic is
non‐local, with the remaining 39.5% local/local,
non‐local/local, or local/non‐local trips. Speed
limit is 50 mph.
According to Streetlight, the average weekday
daily speed is 38 mph.
Old Sibley Memorial Highway SB Destination
Midway along Old Sibley Memorial Highway,
90% of SB trips are coming from non‐local
locations (beyond approximately 1 mile from
Old Sibley Memorial Highway).
Old Sibley Memorial Highway SB Origin (going to)
Old Sibley Memorial Highway SB Destination (coming from)
Removed <1.0% outlier zones. To the north, traffic going to Old Sibley SB is more spread out. To the
south, traffic coming from Old Sibley is going to locations along TH 13/US 169 corridors. Roughly the
40% local/60% non‐local holds true.
DATE: April 6, 2021
TO: Mayor, City Council, and City Administrator
FROM: Cheryl Jacobson, Assistant City Administrator
SUBJECT: City Council Strategic Priorities –First Quarter Update
INTRODUCTION
Staff will provide the City Council with a strategic priorities progress report for the first quarter.
BACKGROUND
During February and early March, the City Council established priorities and strategies to pursue
over the next two years (2021-2022). The resulting list, which includes five priority areas, 20
strategies and a number of example action items, serves as a framework to plan and budget city
activities, services, amenities and facilities.
As reflected in the update, strategies and action items are in varying stages of being addressed.
Some are not yet started; some are parked/paused for future consideration and/or action; and some
are in process or work is ongoing. Progress and outcome details are noted, as well.
The update document is a flexible document. Information such as timing and status may change
from time-to-time, depending on other strategies and action items, staff workload, and City
Council decisions. Staff will report to the City Council on a quarterly basis progress made on
identified strategic priorities.
Attachment: 2021-2022 City Council Strategic Priorities Q1: 2021 Report
BUDGET IMPACT
None. However, many of the Council’s strategies and resulting action items are interrelated and
outcomes will depend on city budgets and funding and how the City Council will want to
proceed overall. Potential costs and budget impacts will occur as individual action items are
developed and proceed.
REQUESTED ACTION
Informational item. Council may choose to discuss items as needed.
Vision
Mendota Heights will be recognized as a high quality, family oriented residential community, with a spacious, natural feel and the amenities of a city.
Mission
To preserve and enhance the quality of life in Mendota Heights by providing quality public safety, infrastructure, and planning for orderly and sustainable growth.
Priority: Enhance City Governance and Services
Strategy Action Item (Examples) Action Timing Action
Status
Contact/Assigned
To
Est. Budget/
Source Progress Notes/Outcomes 2021 2022 Parked
Enhance connections with community
partners, businesses and residents
• Offer and/or support community social events and
programming such as summer and winter festivals,
additional concerts, 4TH of July Fireworks, fall bonfire, etc.
ONGOING
City Council
City Administrator
Asst. City Administrator
Varies
Scheduled Events:
Par 3 Season Opener –Family Golf Kickoff May 1
See-A-Truck Event- May 15
Movie in the Park- June 4
Parks Celebration (tentative)/Officer Scott Patrick Memorial 5k June 5
• Continue to inform residents about COVID-19 and the
city’s response to the “new normal” post pandemic ONGOING
City Administrator
Asst. City Administrator
Police Chief
COVID-19 information (e.g. vaccine, small business relief, and Minnesota Stay
Safe plan adjustments) has run 12 consecutive weeks in Friday News.
Additionally, the City pushed out 3 social media posts on the COVID-19 on city
social media channels, not including the Police Department. The City’s
website also includes a standing COVID-19 page with information updates and
links.
• Encourage and partner on programs to support local
businesses (e.g. Takeout Tuesdays) IN PROGRESS Mayor
City Administrator A meeting with RMF Group has been scheduled.
• Create a City Ambassador Program, post COVID-19
pandemic
• Work with Minnesota Grown to determine feasibility of
locating a farmers market in Mendota Heights or
alternatively establish a location with available plots for
community gardening
IN PROGRESS Asst. City Administrator
FARMERS MARKET (Complete): Referred to MN Farmers Market Association
(MFMA). Ordered MFMA Farmers’ Market Manual for continued research on
operating a city sponsored farmers market. The establishment of a city-
sponsored farmers market is a significant undertaking and is not feasible at
this time.
Cultivate civic engagement and
participation • Establish a resident Civics Academy
Attract, retain and develop a qualified
workforce
• Assess the morale of employees by conducting an
employee survey
IN PROGRESS Asst. City Administrator $4,750
Met with consultant from Gallup to assess conducting the Gallup Q12
Employee Engagement Survey as a possible survey tool. Received price
proposal with a first year cost of $4,750 (Administrative console $2,500; staff
survey $2,250). Budget decision needed for FY22.
• Conduct a “table top” exercise practicing emergency
management operations and test the functionality of the
Mendota Heights Emergency Operations Center (Fire
Station training room)
Promote recognition of Mendota
Heights through area brand
development
• Work with the Northern Dakota County Chamber of
Commerce and area businesses to study costs/benefits of
implementing a city hotel lodging tax
Priority: Create a Vision for City Development and Redevelopment Areas
Strategy Action Item (Examples) Action Priority Action
Status Assigned To Est. Budget/
Source Progress Notes/Outcomes 2021 2022 Parked
Analyze options and decide
development of Bourne Lane property
• Determine desired use of the property (i.e. park, regional
sporting venue, tax base). NOT STARTED City Council
City Administrator Discussion regarding the development of the site will be dependent upon
results of the strategic/ systems planning for Parks.
Create a clear and understandable
Zoning Code in order to meet
projected growth and market demands
• Conduct a comprehensive review and revise, as needed,
Zoning Code Ordinances to reflect changes made in the
2040 Comprehensive Plan (e.g. MRCCA, Institutional
Zoning, general text revisions)
IN PROGRESS CD Director
2040 Comp Plan: Completing revisions from second incomplete letter and
resubmittal of the plan is in process. Zoning Code Ordinances: Initial research
and early development of new ordinances is in process, and is expected to be
complete by the end of 2021.
Support worker mobility and resident
technology use by addressing the lack
of cellular capacity in the city
• Investigate the feasibility and benefits of cellular network
providers installing small cell network coverage nodes
within Mendota Heights
ONGOING PW Director
Related Information: The FCC’s Emergency Broadband Benefit Program helps
households struggling to pay for internet service during the pandemic, by
providing a discount of up to $50 per month towards broadband service for
eligible households. Eligible households can also receive a one-time
discount of up to $100 to purchase a laptop, desktop computer or tablet from
participating providers. A program start date is yet to be determined and
details are pending.
Priority: Conserve, Protect and Enhance Natural Resources
Strategy Action Item (Examples) Action Priority Action
Status Assigned To Est. Budget/
Source Progress Notes/Outcomes 2021 2022 Parked
Establish a Natural Resources Advisory
Commission
• Formally approve the creation and develop new
commission bylaws and structure; advertise and appoint
commission members
NOT STARTED
City Council
City Administrator
PW Director
Determine dedicated funding sources
to support Natural Resources policies
and activities
• Establish annual city budget for natural resources for FY22
NOT STARTED
City Council
City Administrator
Finance Director
PW Director
• Determine future use of Par 3 bond payment dollars and
plan for 2023 availability NOT STARTED City Council
City Administrator Discussion regarding the use of funds will be dependent upon results of the
strategic/ systems planning for Parks.
Join Minnesota GreenStep City
Program
• Determine city process and take actions needed to
complete organizing steps to becoming a recognized
GreenStep City
IN PROCESS PW Director
Recycling Coordinator
The City Council approved resolution 2021-21 authorizing the participation in
the Minnesota GreenStep City Program on 03/02/2021. Staff is in the process
of inventorying existing best practices.
Develop seasonal maintenance
strategies and policies that support the
environment
• Continue to implement road salt reduction practices
including maximized use of a brine system for snow and
ice control
ONGOING PW Director
PW Superintendent
The City received a new plow truck in Q1 which included brine tanks. The
tanks allow for pre-wetting of road salt which activates the salt quicker by
turning it into a brine solution. Staff researched and will move forward with
a new product to pretreat salt for the 21-22 season. The use of this product is
anticipated to reduce the city’s overall salt and sand usage during colder
temperatures/snow events. Salt order for the 2021-22 season is 20% less
than that for the 20-21 season.
Retain and reclaim naturally
landscaped sites throughout the city
• Evaluate mowing standards within Park Maintenance and
develop natural areas plan and standards to further
promote pollinator friendly habitat
ONGOING PW Director
PW Superintendent
Continue to assess City tree/shade
canopy and re-evaluate/revise
response strategies
• Reevaluate and update Emerald Ash Borer Tree
Replacement and Treatment Policy NOT STARTED PW Director
Natural Resources Tech
• Establish standards/specifications to continue to diversify
tree species used in tree inventory replacements NOT STARTED PW Director
Natural Resources Tech
Advancement is dependent upon approval of the Comp Plan and future
development of a Tree Preservation ordinance.
Protect Surface Water Quality • Implement priorities identified in the existing plan ONGOING PW Director
Priority: Maintain and Improve City Infrastructure and Assets
Strategy Action Item (Examples) Action Priority Action
Status Assigned To Est. Budget/
Source Progress Notes/Outcomes 2021 2022 Parked
Address City Hall and Police
Department Building Safety and
Functionality Improvements
• Decide timing of recommended improvements from the
City Hall/Police Department building/space needs
assessment
IN PROGRESS
City Administrator
Asst. City Administrator
Police Chief
CNH Architects completed a building assessment during the Fall of 2020.
Staff have received the initial findings and recommendations and a
presentation to city council is being scheduled.
Revise long range infrastructure
management and improvement plan
• Update City Capital Improvement Plan to expand sections
on equipment, facilities, parks and Public Works (e.g.
rolling 5-year plan)
IN PROGRESS
City Administrator
Asst. City Administrator
PW Director
Finance Director
Parks Asset Management Plan: Administration and Public Works staff toured
and assessed each park for continued development of the City’s Parks Asset
Management Plan.
Manage traffic congestion and improve
high use roadways
• Continue to participate in regional discussions and
solutions for Dodd Road, Delaware Avenue and the Viking
Lakes development impacts
ONGOING
City Administrator
Police Chief
PW Director
The Traffic Safety Committee did not meet during the first quarter and no
concerns or issues have been brought to the City’s attention.
Priority: Encourage & Support Park Opportunities and Improvements
Strategy Action Item (Examples) Action Priority Action
Status Assigned To Est. Budget/
Source Progress Notes/Outcomes 2021 2022 Parked
Determine dedicated funding source(s)
to support Mendota Heights parks
• Research a proposal for resident consideration of a Parks
Referendum
IN PROGRESS
City Council
City Administrator
Asst. City Administrator
Finance Director
Introductory discussion occurred at a City Council work session held on March
8. Council provided direction to staff to proceed with the development of a
Parks Strategic Planning process which is scheduled for discussion at the April
6 City Council meeting.
• Determine future use of Par 3 bond payment dollars and
plan for 2023 availability
NOT STARTED
City Council
City Administrator
Asst. City Administrator
Finance Director
Introductory discussion occurred at a City Council work session held on March
8. Council provided direction to staff to include this potential parks funding
source in the Parks Strategic Planning discussion.
Upgrade existing park and recreation
facilities
• Replace Wentworth Warming House PAUSED
City Administrator
Asst. City Administrator
PW Director
$225,000
Levy/SPF/Grant
Cost of construction materials increased significantly due to COVID-19.
Discussion regarding the replacement will be included in future strategic/
systems planning for Parks.
• Decide and complete skatepark renovations PAUSED
Asst. City Administrator
Rec. Program
Coordinator
$125,000
Levy/SPF
Discussion regarding the replacement will be included in future strategic/
systems planning for Parks.
• Add dugouts to baseball/softball fields at Mendakota Park PAUSED
City Administrator
Asst. City Administrator
PW Director
$75,000
SPF
Discussion regarding the addition will be included in future strategic/systems
planning for Parks.
• Add lights to Civic Center Park
Discussion regarding the addition will be included in future strategic/systems
planning for Parks.
• Add lights to baseball/softball fields at Mendakota Park
Discussion regarding the addition will be included in future strategic/systems
planning for Parks.
• Add markers and other signage to the city trail system
Reimagine Park/Public space to
maximize use
• Create use plan for vacant Friendly Hills Tot Lot (e.g. as
community garden) NOT STARTED Asst. City Administrator
PW Director
• Consider feasibility of Bourne Lane property as future
park space/regional sporting venue NOT STARTED City Council
City Administrator Discussion regarding the development will be included in future
strategic/systems planning for Parks.
Request for City Council Action
DATE: April 6, 2021
TO: Mayor and City Council, City Administrator, and Assistant City
Administrator
FROM: Meredith Lawrence, Recreation Program Coordinator
SUBJECT: Approve Field and Facility Use Policy Amendment-Tennis
COMMENT:
Introduction
The City Council is asked to approve an amendment to the Field and Facility Use Policy in regards
to tennis court reservations and institute an hourly use fee on a trial basis for 2021.
Background
The City coordinates and issues permits for the use of city fields and facilities, including tennis
court reservations. Over the past few years the tennis court permit requests have increased. In 2020
tennis court reservations were nearly a quarter of all city fields and facilities reserved with over
1,000 hours of court time reserved.
Staff has received complaints from residents frustrated they are unable to utilize courts within the
City for public usage, in particular the newly constructed courts at Marie Park, as they are reserved
for a large portion of the day. Staff has also received interest from local coaches interested in
reserving the courts for lesson purposes.
Currently, there are no reservation restrictions and permits are awarded on a first-come, first serve
basis. Users are charged a $25 application fee for the permit per season; users are not charged a
per hour use fee for reserving the courts.
The City Council reviewed this item at a work session on March 8. The Council directed staff to
recommend parameters for reservations and an hourly fee that is fair in comparison to the City’s
other recreational facility use fees.
To date in 2021, the City has received 537.5 hours of tennis court reservation/permit requests from
April-July at Marie Park. City tennis camps will also be utilizing Marie Park courts on Mondays,
Wednesdays, and Saturdays for youth lessons and on Thursdays for adult lessons.
Staff is recommending the following parameters be put on tennis court reservations within the City
from private residents to ensure there is open court time available for public play.
• Tennis court reservations are limited to residents only. Groups that do not contain a
Mendota Heights resident are ineligible to reserve court time.
• Tennis coaches and residents are not allowed to reserve courts for private lessons, group
lessons, hitting groups, or any other use of the facility by an instructor.
• Residents are eligible to reserve up to four hours of court time per week.
• Only one court per facility can be reserved at once, ensuring one court is always open for
public use.
• Tennis courts can only be reserved a maximum of six hours per day for private resident
use.
Staff is also recommending a $5 per hour fee be charged, beginning this year. Tennis court
reservations are the only recreational facility the City does not charge a use fee for at this time.
Procedures for cancellations and rain days would follow the same policy requirements utilized for
city fields.
Because fee changes must be done by ordinance, if the Council wants to adopt this for 2021, it
should direct staff to post notice of this fee change for a minimum of 10 days, and then bring this
discussion back for final approval at its April 20th meeting,
Attachments: Proposed Amended Field and Facility Use Policy
Budget Impact
By instituting a trial basis of fees for tennis court reservations, the City would be reimbursed for a
portion of the fees for upkeep and maintenance at the courts. The City budgets $10,000 per year
for revenue fees to cover all recreational fields and facilities in Mendota Heights.
Recommendation
Staff recommends the City Council approve the Field and Facility Use Policy Amendment in
regards to tennis court reservations, and further to direct staff to post a notice to consider the
implementation of a $5 per hour. The fee change would be considered at the April 20th meeting.
Action Required
If the Council concurs, it should, by motion approve the Field and Facility Use Policy Amendment
in regards to tennis court reservations, and direct staff to post notice of the change in fees to $5 per
hour.
CITY OF MENDOTA HEIGHTS
FIELD AND FACILITY USE POLICY
CONTACT: Mendota Heights Parks and Recreation
1101 Victoria Curve
Mendota Heights, MN 55118
651-452-1850
APPROVED: November, 2018
REVISED: December, 2019
City of Mendota Heights
Field and Facility Use Policy
A. PURPOSE
The City of Mendota Heights, hereinafter referred to as the “City”, coordinates and issues
permits for the use of athletic fields and facilities owned by the City. The purpose of this policy
is to establish guidelines for the allocation and management of City athletic fields and facilities.
For purposes of this policy, fields shall be defined as an athletic area where people participate
in sports and shall include facilities and fields, ice rinks, and tennis and basketball courts.
The objectives to this policy include: allocating the use of the current athletic fields to support
Parks and Recreation programs throughout the City and for Mendota Heights’ residents,
preserving the facilities offered by minimizing wear and tear, and preventing overuse while
conserving maintenance costs.
B. FIELD USE PERMITS
The City will coordinate and allocate the use of city athletic fields and facilities for city and non-
city organizations, groups, and individuals to play, practice, hold tournaments, and other sport
and non-sport related events.
Field and facility use permits are issued following the City’s permit process. Permit applicants
must be 18 years of age or older. A permit is issued only after an allocation request is made, all
required documents and information is received, and the City has approved the request, either
in-part or in its entirety. A request does not constitute an approval.
All reservations require the issuance of a permit. The use of a field or facility begins and ends at
the times stated on the permit including set-up and clean-up. Any special requests or
arrangements must be made as part of the permit application process. This includes special
lining requests for fields. Each permit must also include an approximation of users at the facility
for parking and amenity considerations.
The City reserves the right to deny, limit or revoke use permits based upon an applicant’s
performance history including compliance with established rules and policies, field conditions
after use, and unruly behavior of participants and guests.
Application Deadlines
Permits will be issued three times throughout the year based on the following timeline:
• Permit requests for use from December through February will be due on the first
business day in November.
• Permit requests for use from March through July will be due on the first business day in
February.
• Permit requests for use from August through November will be due on the first business
day in June.
To balance use, the City reserves the right to allocate specific fields to specific users and to limit
the number of fields allocated to any one group or user. The City does not guarantee that a
priority group or user will receive the fields or times requested. The City will make every effort
to work with all users in the scheduling of City fields and facilities. In certain cases, when
reservation requests are received for the same or similar days and times, reservations shall not
be confirmed by the City until after area meetings are held and actual team schedules are
confirmed.
Reservations received after the deadline will be handled on a first-come, first-serve basis.
The City reserves the right to keep unreserved athletic fields and facilities available to the
general public for open, unstructured or public recreation on a first come/first serve basis
during normal operating hours.
Field request forms are available at City Hall or on the City’s website.
C. PRIORITY GROUP CLASSIFICATIONS
Due to the limited number of fields and facilities and the volume of requests, the City has
established criteria for priority use.
An organization’s priority group classification will be considered during the assignment of the
priority for field and facility allocation. Priority use of fields will be given to traditional primary
season sports and by priority group classification.
Priority use of field will be allocated as follows:
Priority #1: City of Mendota Heights Sponsored or Co-Sponsored Programming, Events and
Activities
This includes activities that are organized through or in connection with the City of Mendota
Heights Parks and Recreation Department, directly sponsored by the City, or as a cooperative
program with other jurisdictions. Reservations for City sponsored activities, programs, games,
practices, leagues and tournaments may be taken at any time for any date. There are no use
fees charged for City reservations.
Priority #2: Public and Private Schools Located in Mendota Heights
This includes schools that are located within the City of Mendota Heights. An agreement must
be in place that defines the City of Mendota Heights’ reciprocal use of the school’s athletic
facilities. If there is no agreement in place, the priority shall be moved to priority #4 and use
fees will be assessed.
On an annual basis, public and private schools recognized in this priority category must submit
the following:
• Certification of Coaches Training and Background Check Screening Compliance. The
City requires that a recognized public or private school must submit, on an annual basis,
a signed Coaches Training and Background Check Screening Compliance Certification.
The Certification shall be signed by an authorized representative and must be on file
with the City before the first permitted day of each year, regardless of the sport.
• Proof of Insurance. The City requires that a recognized public or private school must
submit, on an annual basis, proof of insurance. Proof must be on file with the City
before the first reservation day of each year, regardless of the sport. See Section I for
insurance requirements.
Priority #3: Recognized Youth Athletic Associations
This includes Youth Athletic Associations that are recognized by the City of Mendota Heights.
Recognized youth athletic associations are defined by the following characteristics:
• The association has nonprofit status under Section 501c3 or other applicable provision
as defined by Internal Revenue Services (IRS) and is in good standing with the
Minnesota Secretary of State.
• The association conducts sports programs that are primarily social and/or recreational
in nature. The association administers and abides by an “everyone plays” philosophy
and has a no cut policy.
• The association serves the athletic needs of youth in Mendota Heights, is primarily
Mendota Heights based and provides significant benefit and service to residents of the
City of Mendota Heights. Upon request, the association is able to provide team rosters
to substantiate that the association (by sport) serves a majority Mendota Heights
residents.
• Registration must be open to the public. The association must not discriminate on the
basis of race, ethnicity, economic status, gender, sexual orientation, religion, disability,
or ability. Team assignments may be determined by ability, however, the organization
must have a policy for determining teams based on ability.
• The association conducts youth sports programming through volunteer coaches and
board of directors selected by the membership.
• The association completes background check screenings on all coaches, assistant
coaches, board members, volunteers and anyone who has contact with children. The
association has a written background check screening policy.
In addition to the characteristics of an association defined herein, recognized Youth Athletic
Associations must submit the following to the City, upon request:
• Documentation from the Internal Revenue Service showing tax exempt status under
Section 501c3 or other applicable provision.
• Association bylaws and policies.
• A list of the Board of Directors for the association and current contact information
including telephone and email address.
On an annual basis, Youth Athletic Associations recognized in this priority category must submit
the following:
• Certification of Coaches Training and Background Check Screening Compliance. The
City requires that a recognized Association must submit, on an annual basis, a signed
Coaches Training and Background Check Screening Compliance Certification. The
Certification shall be signed by an authorized representative and must be on file with
the City before the first permitted day of each year, regardless of the sport.
• Proof of Insurance. The City requires that a recognized Association must submit, on an
annual basis, proof of insurance. Proof must be on file with the City before the first
reservation day of each year, regardless of the sport. See Section I for insurance
requirements.
• Rosters by Season. For demographic and billing purposes, the City requires that a
recognized Association submit rosters by sport. Provided information shall include sport
types, team name, year, name of participant, and address including city and zip code.
The City will make every effort to accommodate all permit requests. In the event of competing
requests from recognized associations in this category, the City will determine allocation of
fields and facilities based on the following factors:
• The percentage of verifiable Mendota Heights residents served in the permit request.
The request which has the majority of Mendota Heights residents confirmed will receive
a higher priority.
Residency percentages will be established using rosters from the most current season.
Rosters must be submitted in .xls or .csv format. Information provided must include:
sport type, team name, season of sport/year, participant name, address including city
and zip code.
• Previous experience with the City of Mendota Heights.
• Date and time of permit request.
Priority #4: Recognized Community Youth Sports Clubs and Leagues
This includes sports organizations which provide athletic leagues or clubs for Mendota Heights’
youth and are separate from the Youth Athletic Associations. The City recognizes that
recreational play may be available through clubs and leagues and encourages organizations
with recreational offerings to partner with City recognized Youth Athletic Associations for
maximum field and facility accommodation.
Youth sports clubs and leagues are defined by the following characteristics:
• The organization may be for-profit or have nonprofit status under Section 501c3 or
other applicable provision as defined by Internal Revenue Services (IRS) and is in good
standing with the Minnesota Secretary of State.
• The organization conducts sports programs that are competitive in nature. The
curriculum and programming is focused on the maximum development and exposure of
players to the next level of play.
• The organization conducts youth sports programming through paid coaches, board
members and/or administrative staff.
• The organization does not discriminate on the basis of race, ethnicity, background,
sexual orientation, religion, disability, or ability. Team assignments may be determined
by ability. There must be a policy for determining teams based on ability.
• The organization completes background check screenings on all coaches, assistant
coaches, board members, volunteers and anyone who has contact with children. The
association has a written background check screening policy.
In addition to the characteristics of a Youth Sport Club or League defined herein, recognized
Youth Sport Clubs and Leagues must submit the following to the City, upon request:
• The organization’s bylaws and policies which govern operations.
• A list of the Board of Directors for the organization and current contact information
including telephone and email address.
On an annual basis, Community Youth Sports Clubs and Leagues recognized in this priority
category must submit the following:
• Certification of Coaches Training and Background Check Screening Compliance. The
City requires that a recognized Community Youth Sports Club or League must submit, on
an annual basis, a signed Coaches Training and Background Check Screening Compliance
Certification. The Certification shall be signed by an authorized representative and must
be on file with the City before the first reservation day of each year, regardless of the
sport.
• Proof of Insurance. The City requires that a recognized Community Youth Sports Club
or League must submit, on an annual basis, proof of insurance. Proof must be on file
with the City before the first reservation day of each year, regardless of the sport. See
Section I for insurance requirements.
• Rosters by Season. For demographic and billing purposes, the City requires that a
recognized Community Youth Sports Club or League submit rosters by sport. Provided
information shall include sport types, team name, year, name of participant, and
address including city and zip code.
In an event of competing requests from recognized organizations in the category, the City will
determine allocation based on the following factors:
• The percentage of verifiable Mendota Heights residents served in the permit request.
The request which has the majority of Mendota Heights residents confirmed will receive
a higher priority.
Residency percentages will be established using rosters from the most current season.
Rosters must be submitted in .xls or .csv format. Information provided must include:
sport type, team name, season of sport/year, participant name, address including city
and zip code.
• Previous experience with the City of Mendota Heights.
• Date and time of permit request.
Priority #5: Mendota Heights Residents Use of the Facility for Personal Use
This includes residents of Mendota Heights using fields and facilities for personal use.
In an event of competing requests in the category, the City will determine allocation based on
the following factors:
• Date and time of permit request
• Previous experience with the City of Mendota Heights
Priority #6: Mendota Heights-Based Businesses/Commercial Organizations
This includes business and commercial organizations that have a Mendota Heights office as
evidenced by their address to use the facilities.
In an event of competing requests in this category, the City will determine allocation based on
the following factors:
• Data and time of the permit request
• Previous experience with the City of Mendota Heights
Priority #7: Non-Mendota Heights Organizations, Businesses, and Individuals
This includes all non-Mendota Heights residents, organizations, groups, and businesses who
want to use the facilities.
In an event of competing requests in this category, the City will determine allocation based on
the following factors:
• Date and time of the permit request
• Previous experience with the City of Mendota Heights
D. SPORT SEASON PRIORITY
A sport in its traditional season will be given priority consideration for field and facility use over
an out-of-season sport. The following are considered traditional sport seasons:
• Spring/Summer: Baseball, Softball, T-Ball, Lacrosse
• Fall: Soccer, Football
• Winter: Hockey
Fields and facilities will be used for the intended sport unless otherwise authorized by the City.
The City will attempt to accommodate emerging sports, when feasible.
E. FEES
The City may charge application and use fees in order to recover public costs to operate,
maintain, repair, improve and administer the use of City fields. For each application submitted,
an application fee shall be assessed. Field use fees shall be approved by the City Council and
included in the City’s Fee Schedule. Use fees are subject to change at the discretion of the City
Council.
All users who receive a permit for exclusive use of a field must pay the appropriate fee per the
City fee schedule. Payments can be made by cash, check or credit/debit card.
F. NON-USE OF FIELDS, FIELD EXCHANGE, OR SUBLEASE
When permits are issued, a specific field is reserved for the user, to the exclusion of others.
Recognizing this exclusivity, groups should only reserve the fields intended for use.
Users may not assign their scheduled time to other groups or sublease fields under any
circumstance. Any such action will result in the loss of rental/allocation privileges. A user may
not “give up or exchange” their allocation or any part of it, without a written agreement
between the impacted parties and City approval. Subleasing of fields without City approval will
result in revocation of all permits for all parties.
Any organization that has been allocated space and subsequently determines that it cannot use
it according to the permit issued shall notify the City so that the field may be reallocated or
otherwise used by another group or the general public.
Blanket permitting of City field and facilities by any user group is prohibited. Users will be
required to provide team schedules that indicate all allocated fields and facilities have been
scheduled, when requested. The City will verify the use of reserved field and facilities. A
pattern of continued non-use of a rented, permitted field will result in the revocation of the use
permit and the assignment of the field or facility to another user group.
G. FIELD CLOSURE, PERMIT CANCELLATION AND REFUNDS
The City is responsible for determining if a field shall be scheduled for use or not and reserves
the right to decide to periodically not schedule specific athletic fields and facilities. The City
attempts to be flexible in accommodating user groups, but ultimately, the health and safety of
the user and the condition and playability of a field takes priority. This may require the closure
of fields or facilities, denial of use of a field or facility, and/or the assignment of alternate sites
for use.
Field closures will be communicated to permit holders by the Recreation Program Coordinator.
The City may cancel use of City fields/facilities for reasons including, but not limited to, any of
the following reasons:
• City maintenance work involving the facility or field
• When the health or safety of participants is threatened
• Inclement weather
• Wear and tear of the field including field retirement for regrowth and rehabilitation
• Unforeseen events including fire, drought, natural disaster or vandalism
• Non-adherence to field and facility use policy, City ordinances, or use rules and
regulations
Permits cancelled by the City of Mendota Heights may be rescheduled as availability allows, or
may be refunded in full. Permits cancelled due to non-adherence with field and facility use
policy, City Ordinances, or use rules and regulations will not be refunded.
Permits cancelled by the user:
• More than 30 days in advance will receive a 100% refund (excluding application fee)
• 15-30 days in advance will receive a 50% refund (excluding application fee)
• Less than 14 days in advance will not receive a refund
• In the event of a weather related cancellation by the user, the user must notify the
Recreation Program Coordinator within two (2) business days after the cancellation to
confirm a credit or to arrange rescheduling. If the City is not notified within two (2)
business days by the user that the event was cancelled due to inclement weather, the
user will be billed as if the event occurred.
H. MAINTENANCE
The City performs maintenance on a routine basis to ensure fields and facilities are in good
repair. The City will determine the appropriate number of hours each field can be used per
season. Permit users will not be able to use the fields more than the hours allowed. This will be
based on the field’s current condition and estimated intended City use throughout the year.
Infield dragging. Infield dragging is done during the week (Monday – Friday) according to the
schedule as defined by the City. Fields are not dragged or striped on the weekend (Saturday
and Sunday) or on holidays; unless the user has paid a tournament preparation fee.
If fields are too wet, fields will not be dragged with motorized equipment, the City will still chalk
and hand rake to reduce low spots in the infield.
Lining and striping of fields. Lining and striping of fields shall be done during the week
(Monday –Friday) according to the schedule as defined by the City. Fields are not lined or
striped on the weekend (Saturday and Sunday) or on holidays. A single field will not be lined
with more than one field overlay per season, unless the City can accommodate it.
Foul lines will be painted in the outfield on all baseball fields during the season, but infield
chalking will only be done at Mendakota and Civic Center fields. Groups wanting to chalk fields
shall have received approval from the Recreation Program Coordinator, prior to chalking.
Rink Flooding. Flooding of outdoor rinks will occur on an as needed basis, based on weather
and rink conditions.
Clean up and disposing of waste. Users are expected to dispose of waste in proper trash and
recycling receptacles. The City of Mendota Heights prides itself on being a clean and green
community, and renters are asked to recycle as much of their waste as possible.
I. INSURANCE
The permit holder agrees to indemnify and hold harmless the City from any and all claims,
actions, damages, losses and expenses, including reasonable attorney fees, arising out of the
use of the facility by the permit holder and its members, guests and agents. Field and facility
users must provide insurance coverage throughout the period of use naming the City of
Mendota Heights as “additional insured”.
Permit holders will be required to provide proof of general liability insurance coverage at a
minimum amount of $2,000,000 for property damage and bodily injury. Proof of insurance via
a Certificate of Insurance must be provided at least 14 days prior to the first date of play or
special event.
J. CONCESSION SALES
No organization or person shall sell or offer any product, food or service for sale without the
prior written approval of the City. The sale of beer or other alcoholic beverages is prohibited.
Requests which include the use of food trucks will be considered on a case-by-case basis. Food
trucks require a permit, which is issued by the City Clerk. Requests must be made at least 14
days in advance of the event.
Groups wanting to use concession stands or offer food or beverages for sale will need to obtain
the appropriate permits and/or licenses from the County or State and have said permits or
licenses during the entire time of the event. A copy of the approved permit must be
submitted to the City in order to obtain keys to the concessions stand.
K. ATHLETIC SPECIAL EVENTS
Athletic special events are activities on City property that include, but are not limited to,
tournaments, clinics, camps, or any other activity other than regular season practices, games
and evaluations.
Permits. Special events require a separate permit and should be requested outside of regular
season play permits. Permit requests for special events will be accepted from user groups
during the permit application timeframe identified in Section B of this policy.
Special Event Contact and Information. Users must have an appointed tournament
director/event manager on site, who can be contacted by City staff.
Users will supply the Parks and Recreation Department with a schedule of games. Games shall
not start before 8:00 am on any day of a tournament and may not be scheduled to start later
than 6:30pm. If users want to schedule games at different times than allowed, the user must
receive approval from the Recreation Program Coordinator.
Users must include in the application if spectators will be charged admission. Advertisement
banners or signs may not be placed at any facility without permission from the Recreation
Program Coordinator.
Special Event Fees. The City may charge application and special event use fees in order to
recover public costs to operate, maintain, repair, improve and administer the use of City fields.
For each application submitted, an application fee shall be assessed. Special Event use fees
shall be approved by the City Council and included in the City’s Fee Schedule. Use fees are
subject to change at the discretion of the City Council.
The City reserves the right to waive field use and preparation fees and concession stand fees for
“in-house” tournaments hosted by users recognized in priority group three (3). For purposes of
this provision, “in-house” shall be defined as tournament style play where games are played
between competing teams all from within the same organization. Special event fees including
field and concession fees for invitational tournaments shall be charged.
All users who receive a permit for exclusive use of a field must pay the appropriate fee per the
City fee schedule. The City will bill and payment shall be made prior to the event. Payments
can be made by cash, check or credit/debit card.
In the event of weather related cancellations by the permit holder, the permit holder will be
billed unless the permit holder contacts the Recreation Program Coordinator within two (2)
business days after a weather related cancellation to confirm a credit or to arrange
rescheduling.
Field Preparation, Maintenance and Clean-Up. Fields will not be prepped throughout the
tournament day. Maintenance staff will prep the fields before the first scheduled game(s) of
the day, if the user elects to pay the preparation fees. Users may not modify or alter City fields
in any way. The City will not provide equipment for groups to prep fields on their own
throughout the tournament.
All users of City park field and facilities are expected to leave the area(s) in the same or better
condition than which it was found. Users will be responsible for picking up all trash at the end
of each day’s events. Users who fail to clean up may be charged by the City for excessive clean
up. It is the responsibility of the permit holder to make sure areas are cleaned up.
Facility Capacity. Users must provide the number of teams and estimated number of playing
participants. Due to space limitations regarding parking and spectator capacity, the City has
the right to decrease the number of games in order to comply with the facility’s size.
Users are responsible for maintaining control over the conduct of participants and spectators
while using fields and facilities. Tournament hosts will be responsible for traffic and parking
control and adhere to all City parking regulations. Parking is allowed only in designated areas.
No vehicles are allowed on City fields, sidewalks or paths.
Users are responsible for the coordination and rental of any additional portable restrooms
and/or hand washing stations that are needed in order to accommodate special events and
shall be coordinated in conjunction with the Recreation Program Coordinator.
L. TENNIS COURT PERMIT REQUIREMENTS
Tennis court reservations are limited to residents of Mendota Heights. Non-residents are
ineligible for reserving tennis courts.
Tennis courts may not be reserved for private lessons, group lessons, hitting groups, or any
other use of the facility by an instructor. The usage of the tennis courts under a reservation
may only be utilized for open play.
Resident groups reserving the tennis courts are eligible to reserve up to four hours maximum
within the City per week. Groups can only reserve one court at a time, the other court within
the tennis facility must remain open for non-reservation public usage.
Tennis courts within Mendota Heights will only be reserved for a maximum of six hours per
day to ensure public usage of the courts are available to all residents.
M. CITY CONTACT
All communication with the Recreation Program Coordinator must be made through the
spokesperson of the group. Athletic associations, clubs and leagues must choose one person
who will be the City’s main contact. This eliminates confusion and establishes direct, efficient
communication.
Users should report any facility damage, accidents, dangerous or unsafe conditions to:
City of Mendota Heights Recreation Program Coordinator
Phone: 651-255-1354 (During regular business hours: Monday – Thursday 7:00 am to
4:30 pm and Friday from 7:00 am to 11:30 am)
Weekend/After Hours Phone: 651-302-3301
Email: meredithl@mendota-heights.com (Email is checked Monday-Friday during
regular business hours)
Date: April 6, 2021
To: Mayor and City Council
From: Cheryl Jacobson, Assistant City Administrator
Mark McNeill, City Administrator
Subject: Parks Strategic Planning Process
Comment:
INTRODUCTION:
The Council is asked to consider the hiring of the firm of Huelife to assist the City in conducting
strategic planning for the City’s Parks system.
BACKGROUND:
For many years, the City has heard of needs for recreation facilities which are beyond what it is
able to provide—more recreation space, enhancements to or the updating of existing facilities,
and the accommodation of additional programs. Typically, the rationale for the City not being
able to accommodate the requests is a lack of space, personnel, and funding; there is no overall
plan to meet those needs.
At a recent work session, the Council heard a summary of the issues, and agreed with a staff
recommendation that a third party should be sought to help guide the City in a strategic planning
exercise for parks and recreation.
After surveying other cities in the metropolitan area, the firm of Huelife was recommended as
being skilled in the ability to help cities with strategic planning, especially for parks. This firm is
based in Minneapolis, but engages clients across the country.
Huelife was contacted, and asked to provide a proposal. Their submittal is attached. As shown
on Page 4 of the proposal, they could do it either in person (assuming a manageable size of group
participants), or it could be done virtually. Twenty participants is an optimum number of
participants—that number could include the City Council, Parks and Recreation Commission,
and staff.
However, knowing that there are other important external stakeholders who should also be
consulted in the process (MHAA, club sports, specific sport advocates such as pickleball players,
schools, etc.), Huelife recommends to first hold a 90-minute virtual listening session to gather
input from those stakeholders so as to make for an encompassing group of users.
Options:
Assuming that the Council wishes to proceed, a decision would need to be made as to whether to
hold the exercise in-person, or virtually. Virtual sessions are proposed to be shorter in duration,
but would be more frequent in number. In-person sessions would be longer; but only two are
usually needed. Twenty participants, and two facilitators could be accommodated safely in the
City Council Chambers.
If the in-person option is chosen, the meeting times might be from 3:15 PM to 9:15 PM, with a
working dinner during that time. However, a starting time that early would be dependent on the
availability of the participants (City Council and Parks and Recreation Commissioners). We
would also recommend waiting until the second week of May, when all of the Councilors could
physically be present.
When asked if the session could be done in a single day, the response was that if less time is
devoted, the fewer will be the number of usable outcomes. Twelve hours is the recommended
amount of time needed for this exercise to be successful.
Costs:
As shown in the proposal, there would be an initial planning meeting (between Huelife and staff)
to determine who should be included in the virtual external stakeholder meeting—there is no
separate charge for that. For the virtual external stakeholder meeting there is a $1,500 charge,
and should be held, regardless of whether the main strategic planning meetings are face to face,
or virtual.
A virtual strategic planning meeting is slightly higher in cost ($9,000, vs. $8,000 for face to
face), due to the greater number of facilitators needed. Additionally, a “live” meeting should
also include an allowance for meals and any materials to be distributed.
BUDGET IMPACT:
Depending on the option chosen, the consultant’s cost would be either $9,500, or $10,500. If
allowed, it is recommended that the funding for this strategic planning process could come from
the City’s contingency line item.
RECOMMENDATION:
The City has struggled for years to come up with a workable plan to establish how to determine
and provide for current, and future physical improvements and enhancements to the parks. As a
result, we recommend that the Council accept the proposal of Huelife for a facilitated strategic
planning process for parks and recreation.
ACTION REQUESTED:
If the Council concurs, it should accept the proposal of Huelife to provide strategic parks and
recreation planning services.
If approved, the Council should also determine whether the main engagement meetings should
be face to face, or virtual. That will allow planning for dates to be established in consultation
with the Parks and Recreation Commissioners.
Cheryl Jacobson Mark McNeill
Assistant City Administrator City Administrator
Proposal 2021
—
March 15, 2021
HUELIFE
—
www.hue.life
Human
Understanding &
Engagement
PROPOSAL FOR STRATEGIC
PLANNING
CITY OF MENDOTA HEIGHTS
>>>
HueLife Values
Thank you for the
opportunity
HUELIFE PROPOSAL 2021
Dear Mark,
We so appreciate the opportunity to submit
a proposal for long-range strategic planning
and creating work objectives (goals) for the
upcoming year.
Working with organizations to create a
compelling vision with realistic, achievable
and actionable plans is at the heart of what
we do.
We are truly looking forward to an
opportunity to work with you!
Karie Terhark, CTF
HueLife Team
Karie.Terhark@hue.life
641.860.0344
2
INTEGRITY
Be worthy of trust. Take
responsibility. Keep
principles and values
present.
COURAGE
Be open. Take smart risks.
Be a change agent.
1
2
3
4
RELATIONSHIPS
Build strong ties. Develop
and maintain caring support
systems.
HUMILITY
Be a servant leader. Always
be learning.
Proposal Overview Strategic Planning/Goal
Setting
EXECUTUVE SUMMARY
We are pleased to submit a proposal to begin an engagement with the City of Mendota Heights Park’s Department
for the purpose of assisting the city’s leadership in strategic planning efforts. This project entails the development of
a strategic plan built upon involvement and guidance from the City Council, staff and other contributing members of
the community. The purpose of the project is to set in place a practical vision for the for the community and identify
in clear language, the steps the city will take to achieve the vision. The City of Mendota Heights is seeking to set a
clear and compelling vision for 2026 with accompanying priorities for 2021/22 through a focused look at goals and
work priorities.
HueLife specializes in working with organizations to engage, collaborate, innovate, and change for the greater
good. We have a team of certified facilitators experienced in designing and facilitating strategic planning sessions
that engage and empower participants.
PROPOSED PROCESS
Our approach to strategic planning/goal setting, provides a structured, participatory process for articulating the
priorities of an organization based on a long-term common vision and definition of strategic directions. This is
typically a 12-hour process.
The abbreviated planning process consists of:
• Collecting ENVIRONMENTAL SCAN DATA – Identifying relevant factual data such as organizational
history, accomplishments, trends, and other data
• Mapping out the PRACTICAL VISION – Identifying a vision that is a practical picture of the desired future.
• Setting the STRATEGIC DIRECTIONS – Identifying strategies that can address obstacles and move
towards the vision
• Drawing up the IMPLEMENTATION TIMELINE – Determine substantial actions that can be
accomplished to carry out the strategy areas, create a realistic timeline as well as detailed implementation
steps to move forward.
Retreat
HueLife will use the ToP Participatory Strategic Planning methodology to provide a structured, participatory
process for articulating the priorities of an organization based on a long-term common vision and definition of
strategic directions.
Intended Outcomes:
• Shared vision for the next 3-5 years
• Shared awareness around current reality
• Strategic areas of focus and priorities over the next two years
• Commitment for action
• Identify key priority goals and objectives to accomplish in year one
• Develop supporting action plans to accomplish key priorities
• Create a work plan and timeline for the implementation
• Coordinate work plan across all strategy areas and individuals
• Identify measurable outcomes for all tasks and actions
• Celebrate final planning results
>>>
HUELIFE PROPOSAL 2021
3
Deliverables: Facilitate strategic planning session to develop areas of focus, strategies, and priorities over the next several
years, identify initiatives and activities that will support strategies and develop work plans and teams for each key strategy
area. Draft report.
Responsibility of the HueLife Team: Develop participant packets/guides for the planning retreat; prepare all the materials
necessary for the retreat; create an inspiring space for visioning, creative problem solving and strategic thinking; facilitate a
planning process per the agreed upon plan; set up the room for sessions and summarize the results for inclusion into reports
for sharing with the implementation teams.
Date: TBD
SERVICE DESCRIPTION RATE
Virtual Meeting Meeting to discuss who should be
part of the planning process
Included
Virtual Facilitation Virtual listening session to hear
from all identified stakeholders
$1,000/Session
(1.5 hours via Zoom)
2-3 facilitators & a producer
Virtual Facilitation Design, prep & lead the overall
virtual engagement event +
producer support and
documentation
$2,250 / session
(4-Three-hour sessions via Zoom)
3 facilitators & a producer
Facilitation will be virtual OR In-person
In-person Facilitation Provide onsite, in-person
facilitation services +
documentation.
*The City of Mendota Heights will
be responsible for providing
adequate meeting space/facility
and any desired catering for the 2-
day retreat event
**Travel, Lodging, Materials,
Flights, Hotels, Rental Car,
Supplies
$8,000
(2-six-hour days in person)
2 facilitators
*TBD
**Reimbursed
(most likely will be a local facilitation team)
4
HUELIFE PROPOSAL 2021
FEE STRUCTURE
HueLife Team Bios
We inspire action for the greater good of Human Understanding and Engagement
www.hue.life
Irina Fursman is an engagement consultant, trainer and facilitator, as well as HueLife’s co-founder and President.
She is a Certified ToP® Facilitator and Mentor Trainer specializing in organization and team development, adult
learning, change management, conflict resolution and strategic planning. She trains individuals and groups in the
art and science of human engagement and facilitation.
Dr. Richard Fursman is a co-founder of HueLife. He has worked with over 100 public sector and non-profit
organizations recruiting and placing senior staff, developing strategic plans, and helping organizations take steps
to become more effective and great places to work. As a former City Manager, he advises, mentors and coaches
leaders across the United States and abroad, helps executive teams create a shared purpose, strategic plans, and
implementation paths.
Stephanie Ahles is the VP of Training and Development. She has over 20 years of leadership experience in local
government as well as experience and expertise working with for-profit and nonprofit organizations. She is a
Certified ToP® Facilitator and Mentor Trainer, specializing in leadership and organizational development, change
and project management, and strategic planning.
Karie Terhark is a Certified ToP Facilitator and Qualified Trainer who previously worked as the Director for Allies
for Substance Abuse Prevention Coalition (A.S.A.P.). While at A.S.A.P., she facilitated a county-wide coalition of
volunteers to assess, plan, and implement environmental strategies to change the culture around underage drug
and alcohol abuse.
Jeremy Kautza is a certified ToP® Facilitator and Mentor Trainer with over 20 years of facilitation experience. He
brings in-depth expertise in strategic planning, conflict resolution, organizational change management, and
interest-based negotiation. He also serves the University of Wisconsin-Madison, facilitating employee groups as
they work to build their capacity for organizational change and improvement within complex systems.
Angie Asa-Lovstad is a Certified ToP ® Facilitator and Mentor Trainer. Prior to joining HueLife, she served as the
director of a local non-profit drug prevention coalition for 19 years. In this role, she facilitated the efforts of local
drug prevention coalitions across all of Iowa. Today, Angie continue to support and coach coalition leaders in their
efforts to engage stakeholders and develop strategic plans that meet the desired outcomes of the grants they
have received.
Megan Jacobson is the Insights Discovery Coordinator/Practitioner for HueLife. She has recently completed the
ToP Mastery program and is working towards facilitation certification. She is experienced in facilitating teams
toward shared awareness and shared agreement. Megan has a passion for working on projects related to youth
empowerment, employee well-being, and community engagement. Her caring and empathetic style helps bridge
differences and heal teams in conflict.
Company Name :
HueLife
Company Address
5775 Wayzata Blvd. #700
Minneapolis, MN 55416
United States
Website :
www.hue.life
Date: April 6, 2021
To: Mayor and City Council
From: Mark McNeill, City Administrator
Subject: Establish Date for City Council Work Session
Comment:
INTRODUCTION:
The Council is asked to establish a date to meet to discuss the results of a space needs study for
the Police Department and City Hall, and other topics.
BACKGROUND:
At its September 1, 2020 meeting, the City Council approved a study by CNH Architects to look
at space needs of both the lower and upper levels of the City Hall Building. CNH has completed
the study, and staff recommends a meeting to review the results with the City Council.
In addition, the following topics should also be discussed in as work session:
• Implementation of an unlimited use card for seniors at the Par 3,
• Discuss an increase in the number of city-sponsored recreation events for the
community.
• Discuss if, and when to return to in-person regular meetings of the City Council.
Options:
Architect Quinn Hutson of CNH would present virtually. He is available on Monday, April 19th,
and Wednesday, April 28th.
We would propose a 4 PM start.
ACTION REQUESTED:
The Council should establish a date and time to schedule a work session to discuss space needs
and other topics.