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2022-01-18 Council Agenda Packet
CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA January 18, 2022 – 6:00 pm Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Presentations a. Mendota Heights Community Foundation b. Dakota County—Youth Emergency and Supportive Housing 6. Consent Agenda a. Approval of January 4, 2022 City Council Minutes b. Acknowledge the December 14, 2021 Parks and Recreation Commission Minutes c. Approve Joint Powers Agreement (YR 2022-2023) for Open to Business Program through Dakota County Community Development Agency d. Approve Year 2022 Contract for Building Official Services with A to Z Home Inspection, LLC (Michael Andrejka) e. Resolution 2022-07 Approve Joint Powers Agreement with Dakota County for a Pedestrian and Bicycle Plan f. Approve 2022-2023 IUOE Union Labor Agreement g. Approve 2022-2023 Minnesota Teamsters Public & Law Enforcement Employee’s Union Local No. 320 Labor Agreement h. Approve Purchase Order for Northland Drive Lift Station Pump Replacement i. Approve Amendment to the Picnic Shelter Reservation Policy j. Acknowledge November 2021 Par 3 Financial Report k. Approval of the December 2021 Building Activity Report l. Approval of Claims List 7. Citizen Comment Period (for items not on the agenda) *See guidelines below 1 8.Public Hearings 9.New and Unfinished Business a.Resolution No. 2022-08 Approving a Mississippi River Corridor Critical Area (MRCCA) Permit for 796 Sibley Memorial Highway (Michael & Theresa Swiggum) b.Park and Recreation Department Organization c.Quarter 4 Update for 2021-22 City Council Strategic Priorities 10.Community Announcements 11.Council Comments 12.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. 2 REQUEST FOR CITY COUNCIL ACTION DATE: January 18, 2022 TO: Mayor and City Council FROM: Cheryl Jacobson, City Administrator SUBJECT: Presentation by the Mendota Heights Community Foundation INTRODUCTION Representatives from the Mendota Heights Community Foundation will present information on the newly established Mendota Heights Community Foundation. BACKGROUND A Mendota Heights Community Foundation 501(c)(3) has been formed by a group of Mendota Heights leaders for the purpose of funding community building events and activities that bring together the children, teens and adults living, studying or working in Mendota Heights. The MHCF will fund one time capital improvements that fit the mission of the foundation, it could be public art, a part installation as examples. The Foundation will also provide the opportunity for groups to fundraise for a one time activity such as support of a high school band to travel to other states to march in a parade or perform. ACTION REQUESTED Informational. Council should ask any questions that they may have. 3 5a. 4 DATE: January 18, 2022 TO: Mayor and City Council FROM: Cheryl Jacobson, City Administrator SUBJECT: Presentation by Dakota County on Youth Emergency Housing INTRODUCTION Representatives from Dakota County will provide information and an update on their interest in purchasing the property located at 2031 Victoria Road South for purposes of providing temporary emergency housing and support services for youth ages 12 to 17. BACKGROUND Attachment: Letter from Dakota County (dated 01/10/2022) ACTION REQUESTED Informational. Council should ask any questions that they may have. REQUEST FOR CITY COUNCIL ACTION 5 5b. January 10, 2022 Dear Neighbors: As we have shared with you previously, Dakota County is interested in purchasing the property located at 2031 Victoria Road South in Mendota Heights to provide temporary emergency housing and support services for youth ages 12 to 17 who do not have a safe place to stay. In our previous letters and conversations with neighbors, we committed to providing regular updates to nearby residents, and that is the purpose of this letter. We continue to pursue this property and are hopeful that things will come together in 2022 in order to make this much needed youth shelter a reality for our community members. In November of 2021, the Dakota County Board of Commissioners granted approval for our Capital Projects Management team to enter into purchase negotiations with the seller, and they continue to work through that process. Our Community Services Division team continues contract negotiations with Nexus Family Healing, who we hope will operate the facility. We do not anticipate that the youth shelter will be ready to serve residents until Fall/Winter of 2022, however we will seek Board approval in the next couple of months to enter into a purchase of service agreement with Nexus Family Healing. Agendas for all county board meetings can be found on the County’s website at https://www.co.dakota.mn.us. We also continue to maintain open communication with various stakeholders. County staff have met with several Mendota Heights residents and others who want to learn more about this project or ask questions about it. We have also been invited to present at the Mendota Heights City Council meeting on January 18th. If you have general questions or would like to speak to staff directly about this project, you can contact Madeline Kastler, Deputy Director of Social Services, at Madeline.Kastler@CO.DAKOTA.MN.US or 651.554.5918. Lastly, we wanted to invite you to another Community Conversation. Nexus Family Healing will join us to share information on their agency and their philosophy for successfully operating residential facilities serving children in neighborhoods throughout Minnesota. The events will allot a significant portion of time to a question and answer session. Unfortunately, COVID-19 is once again impacting our plans for these events. At this time, we intend to offer the events in-person and virtually via Zoom. However, if County policies on in-person gatherings change between now and February due to increased community spread of COVID-19, the Community Conversations may change to a virtual-only format. We are currently planning in-person meetings for rooms where we can practice social distancing and face masks are required for everyone who attends. However, room capacity is limited so we do need everyone attending to RSVP in advance. Tuesday, February 15th Tuesday, February 15th 1:00pm – 2:30pm 6:00pm – 7:30pm Dakota County’s Northern Service Center Dakota County’s Northern Service Center 1 Mendota Road West, West St. Paul 1 Mendota Road West, West St. Paul 6 Please RSVP to Julia Wallis Holmoe by Thursday, February 10th to 651.554.5773 or Julia.WallisHolmoe@CO.DAKOTA.MN.US. In your RSVP, include the following information: •Name(s) of those attending •Home address(es) •Email address(es) to share Zoom links and/or any pertinent updates regarding these events •If you plan to attend in-person or virtually via Zoom •If you plan to attend the 1pm event or the 6pm event Thank you, Marti Fischbach, Director, Dakota County Community Services Division 7 8 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 4, 2022 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 (arrived at 6:05 p.m.), Paper, Mazzitello, and Miller were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Paper moved approval of the consent calendar as presented, pulling items D, E, I, J, and L. a.Approval of December 1, 2021 City Council Minutes b. Acknowledge the October 26, 2021 Planning Commission Meeting Minutes c.Acknowledge the November 10, 2021 Planning Commission Special Meeting Minutes d. Approve Appointments to Dakota Broadband Board (DBB) Technical Advisory Committee e.Approve Resolution 2022-04 Appointments to Fire Relief Association Board of Trustees f.Designation of Official Newspaper g. Designation of 2022 Acting Mayor h.Approve 2022 Financial Items *Resolution 2022-01 Establishing 2022 City Depositories of Funds *Resolution 2022-02 Accepting Pledged Securities for 2022 *Authorize Finance Director to Execute Electronic Payments and Prepay Claims i.Approve Par 3 Replacement Equipment j.Approve Professional Services Change Order for Ridge Place Sanitary Sewer and Streambank Repairs 9 6a. January 4, 2022 Mendota Heights City Council Page 2 of 11 k.Approve Resolution 2022-05 Approving the Joint Powers Agreement Establishing the Criminal Justice Network Board l.Approve Joint Powers Agreement (YR 2022-2023) for Open to Business Program through Dakota County Community Development Agency m.Approve the November 2021 Fire Synopsis Report n. Approval of November Treasurer’s Report o. Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS D)APPROVE APPOINTMENTS TO DAKOTA BROADBAND BOARD (DBB) TECHNICAL ADVISORY COMMITTEE Mayor Levine recognized City Administrator Cheryl Jacobson who has acted as the Chair of the Committee for the past three years. She explained that this group is a consortium with multiple cities that provides broadband service to the communities. She welcomed the new staff member that will be taking her place on the committee. Councilor Mazzitello moved to approve APPOINTMENTS TO DAKOTA BROADBAND BOARD (DBB) TECHNICAL ADVISORY COMMITTEE. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 E) APPROVE RESOLUTION 2022-04 APPOINTMENTS TO FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES Mayor Levine commented that she has served as a trustee along with Councilor Miller. She commented that this is an incredibly important organization that supports the firefighters. Councilor Miller commented that the Fire Relief Association handles the retirement funds for the Fire Department. He explained that any firefighter that has been active for at least ten years becomes vested and that grows as the firefighter continues service. He stated that the association manages the dollars and meets twice monthly to handle its duties. Mayor Levine commented that the association previously held a firefighters relief ball. She stated that while the City provides pension funding, the association provides other benefits such as sending flowers after the death of a loved one. She explained that this is a nonprofit organization and welcomed any donations from the community. Councilor Paper moved to approve RESOLUTION 2022-04 APPOINTMENTS TO FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES. Councilor Duggan seconded the motion. 10 January 4, 2022 Mendota Heights City Council Page 3 of 11 Ayes: 5 Nays: 0 I) APPROVE PAR 3 REPLACEMENT EQUIPMENT Councilor Paper asked for additional details on the equipment proposed for purchase. Recreation Program Coordinator Meredith Lawrence provided additional details on the top dresser and how that equipment is used. She stated that when not using the top dresser, that can be detached and the utility cart can be used for other duties. She stated that the existing top dresser gears are stuck and therefore does not work. Councilor Paper moved to approve PAR 3 REPLACEMENT EQUIPMENT. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 J) APPROVE PROFESSIONAL SERVICES CHANGE ORDER FOR RIDGE PLACE SANITARY SEWER AND STREAMBANK REPAIRS Councilor Paper asked staff for details on the change order. Public Works Director Ryan Ruzek stated that this sanitary sewer project has been planned for several years and has been combined with a streambank stabilization project. He noted that the project was designed in 2018 and highlighted the delays that occurred since that time. He highlighted some of the additional items that were added that account for the increase of $76,510. He stated that staff recommends approval. Councilor Paper commented that this is a big project and there was a large change in cost, therefore he wanted that additional explanation. Councilor Mazzitello asked how much of the project has been completed. Public Works Director Ryan Ruzek estimated that 95 percent of the work has been completed, noting that sodding will still occur on the private property. He stated that there will be a few overruns for the cost to the contractor including tree removal, an additional sanitary sewer connection, and restoration of additional disturbed areas. He confirmed that this should cover the costs to the consultant. Councilor Mazzitello moved to approve PROFESSIONAL SERVICES CHANGE ORDER FOR RIDGE PLACE SANITARY SEWER AND STREAMBANK REPAIRS. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 L) APPROVE JOINT POWERS AGREEMENT (YR 2022-2023) FOR OPEN TO BUSINESS PROGRAM THROUGH DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY 11 January 4, 2022 Mendota Heights City Council Page 4 of 11 Mayor Levine commented that the Joint Powers Agreement included in the packet is in need of updates and therefore staff has asked that this item be removed from the agenda tonight. Councilor Mazzitello moved to table JOINT POWERS AGREEMENT (YR 2022-2023) FOR OPEN TO BUSINESS PROGRAM THROUGH DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A)REVIEW OF MARIE PARK RECREATIONAL LIGHT PILOT PROGRAM AND IMPLEMENTATION FOR 2022 Recreation Program Coordinator Meredith Lawrence explained that the Council was being asked to evaluate the 2021 recreational light usage at Marie Park and consider approval of the continuation of use for 2022. Councilor Duggan asked if there have been any complaints about the nighttime lights. Recreation Coordinator Meredith Lawrence replied that she has not received any complaints. Councilor Paper asked for clarification on when the lights would be used. Recreation Program Coordinator Meredith Lawrence stated that her recommendation would be to stop the lights around April 30th when the natural light would go until about 9 p.m. and then begin the lights again in the fall when the sunset occurs earlier in order to provide lights until 9 p.m. Councilor Paper stated that he did not watch the Parks and Recreation Commission meeting and asked for details on how the 9 p.m. time recommendation was reached. Recreation Program Coordinator Meredith Lawrence stated that the hockey lights stay on until 9 p.m. in the winter months, therefore the Commission felt that time was justifiable. Councilor Paper noted feedback from one resident and asked if any other input had been received from residents living adjacent to the park. 12 January 4, 2022 Mendota Heights City Council Page 5 of 11 Recreation Program Coordinator Meredith Lawrence stated that she received the emails included in the packet. She noted that she also received a phone call from a resident on Lilac Lane that supported the lights. Councilor Paper referenced the letters to be sent to the residents within 500 feet of Friendly Hills Park and asked if that would include residents within 500 feet of the entire park, or hockey rink. Recreation Program Coordinator Meredith Lawrence replied that Friendly Hills is different than Marie Park. She stated that she would recommend that the distance be from the hockey rink rather than the park boundary. Councilor Mazzitello stated that he received an email from a resident on Victoria that is opposed to the extension of the lighting usage. He stated that he is pleased that the recommendation would be to allow lights until 9 p.m. rather than 10 p.m. He noted that the resident communication he received stated that the usage was sporadic, and people are not always playing when the lights are on. He stated that he is pleased to see the community engagement process for Friendly Hills as well. Councilor Miller commented that he also received the comment in opposition. He stated that when the Council first discussed this topic, he made the comment that he does not understand pickleball and believed it to be loud. He noted that since that time he went to the park to observe people playing pickleball. He stated that people and the community clearly enjoy the activity, which is growing. He stated that he also appreciates that the lights would turn off at 9 p.m. rather than 10 p.m. He also commented that he believed letters should be sent using the boundary of Friendly Hills in order to gather additional input. Councilor Mazzitello agreed that the park boundary should continue to be used as a standard practice for notice. He commented that pickleball is loud and as they move forward with strategic plans for parks, they should use Marie Park as an example of what not to do. He noted that Marie Park is a neighborhood park with a lot of amenities that draws a lot of users. Mayor Levine commented that she would support the recommendation to use the park boundary for notification but believed that it is most important to gather input from the homes closest to the area. She stated that she also received the comment of opposition. She believed the City should be cognizant of who is using the courts during the evening hours to ensure it is resident use. She stated that Eagan has timed lights which allows users to push a button to turn the lights on for nighttime use during the allowed hours. She explained that in that instance if there were no users, the lights would not come on. Recreation Program Coordinator Meredith Lawrence stated that she has reached out to the City of Eagan to obtain additional details and cost estimates. Councilor Paper asked if this could be reviewed again in one year. Mayor Levine agreed that would be helpful. Councilor Paper suggested reviewing this seasonally, after the spring and fall. 13 January 4, 2022 Mendota Heights City Council Page 6 of 11 Mayor Levine commented that additional pickleball courts in the community may help to alleviate the pressure on Marie Park. Councilor Mazzitello stated that when additional courts are added in other parks, perhaps the number of courts at Marie Park could be scaled back. Councilor Duggan moved to approve USE OF LIGHTS FOR EVENING PICKLEBALL AND BASKETBALL PLAY AT MARIE PARK AS RECOMMENDED BY THE PARKS AND RECREATION COMMISSION AND DIRECT STAFF TO BEGIN COMMUNITY ENGAGEMENT TO CONSIDER INSTITUTING A PILOT PROGRAM FOR NIGHTTIME PICKLEBALL PLAY AT FRIENDLY HILLS PARK IN 2022. Councilor Mazzitello seconded the motion. Further discussion: Councilor Duggan noted that the lights at Friendly Hills should be baffled in order to shine on the courts and not into the community. Recreation Program Coordinator Meredith Lawrence replied that staff has worked to ensure that the lights do not shine onto the neighboring homes at that park. Councilor Paper asked if the lights are LED. Recreation Program Coordinator Meredith Lawrence confirmed that all of the rink lights are LED. Ayes: 5 Nays: 0 B)UPDATE ON PLANNING CASE 2021-13 PHASE III/89 UNIT APARTMENTS BY AT HOME APARTMENTS, LLC City Administrator Cheryl Jacobson provided a brief background on this item. The Council tabled Planning Case 2021-13, a proposal from At Home Apartments LLC for the development of 89 apartment units on Lot 7 of the Mendota Plaza MU-PUD to its meeting on January 4, 2022. She provided an update and noted that given the holidays and available time between December 16th and the January 4th meeting, the applicant has not had sufficient time to consider the suggestions and is not yet prepared to provide an updated proposal for City Council consideration and is amenable to tabling the project request to the February 2, 2022 City Council meeting. Councilor Mazzitello stated that between December 13th and 16th, he and Councilor Duggan got together to review all of the notes from the community conversation and testimony received during meetings to develop “the ask” for the applicant. He stated that in general terms they requested an increase in greenspace, to improve walkability of the site, and to review the building height. He stated that in a separate list of asks they spoke with Paster Properties about adding additional greenspace/community space within the north parking area, the potential for a native planting garden within the site, to potentially reduce pavement, and potential improvements to traffic patterns. He noted that Paster Properties was receptive to the ideas but has contractual agreements with the tenants and other parties that own property 14 January 4, 2022 Mendota Heights City Council Page 7 of 11 within the PUD, therefore time will be needed to discuss those ideas with the partners. He noted that discussion would occur separate of the Lot 7 proposal. Councilor Duggan agreed that the lists were well received by the applicant and Paster Properties. He stated that he is unsure if a new proposal from the applicant would need to go back through the Planning Commission before coming back to the Council for review. He hoped that whatever comes forward meets the requirements of the City and is in compliance with standards established within city ordinances. He was unsure if staff had heard from the applicant in regard to the asks that were made. City Administrator Cheryl Jacobson commented that staff has had conversations with the applicant, and they are considering the recommendations but are not prepared to speak to any changes they may be considering. Councilor Duggan confirmed that the city won’t know what is being proposed until the Applicant either applies to the Planning Commission and/or submits to the City Council for consideration. City Administrator Jacobson stated that any changes would be made in response to the tabling at the City Council level, and would be brought back to the city council which is proposed for the February 2 City Council meeting. Councilor Duggan commented that he believes that if the application is significantly different, or changed, it should go back to the Planning Commission. Councilor Mazzitello stated that decision to send the matter back to the Planning Commission would be the decision of the City Council. He stated that as a former member of the Planning Commission and City staff, it would be his opinion that the Council needs to see the application before making that decision. He stated that if there are substantial changes, it should go back to the Planning Commission but if there are minor changes, the review should continue by the City Council. Councilor Duggan commented that if there are substantial changes to the application, he believes the matter should go back to the Planning Commission. He stated that he would support tabling to the recommended date, or later such as the time the requirements of the City have been met. He clarified that the requirements would be found within the checklist provided to applicants. Councilor Paper asked if the checklist was completed at the last application. Mayor Levine confirmed that was completed. She stated that would be a complicated tabling. City Attorney Elliott Knetsch recommended that the matter be tabled to a specific date as that keeps the public informed on where the application stands and where the City is in the process. Councilor Duggan moved to table CONSIDERATION OF PLANNING CASE 2021-13 PHASE III, AT HOME APARTMENTS, LLC, PROPOSAL TO FEBRUARY 2, 2022. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 15 January 4, 2022 Mendota Heights City Council Page 8 of 11 C)RESOLUTION 2022-03 ACCEPT FEASIBILITY AND CALL FOR A PUBLIC HEARING ON THE CENTRE POINTE STREET IMPROVEMENT PROJECT Public Works Director Ryan Ruzek provided background information and stated that the Council is requested to approve the feasibility report and schedule a public hearing for the Centre Pointe Street Improvements. Councilor Miller mentioned Lake Augusta, which is shown in brown while the other water bodies are shown in blue. He stated that this is a problem that everyone should be concerned about. He believed that everyone should continue the battle to fix and address water quality of Lake Augusta. He stated that he is pleased to see that there will be stormwater improvements that could benefit the lake included in this project. Councilor Paper asked if there is enough right-of-way to widen Carmen Lane. Public Works Director Ryan Ruzek replied that the City does have adequate right-of-way but widening the road would impact adjacent property owners. He stated that ideally, he would like to have the roadway 24 feet wide drive for a segment, where the majority of traffic occurs, and the remainder of the road would be 20 feet in width. Mayor Levine echoed the comments of Councilor Miller, noting that this is an opportunity to install curb cut rain gardens and other elements that could mitigate runoff and hopefully improve Lake Augusta. She asked if the runoff from the business park runs to Lake Augusta. Public Works Director Ryan Ruzek stated that the business park northeast of the lake does drain to the lake. Mayor Levine asked where the potential pond would be located. Public Works Director Ryan Ruzek identified the location where a stormwater pond would be constructed. Mayor Levine asked if the business park would then drain to that area. Public Works Director Ryan Ruzek replied that if the undeveloped parcel is developed, it would drain to the pond, along with the 110/Center Pointe Curve building would route to the pond. He stated that staff will also look at some in line improvements, such as storm scepter improvements. He stated that Dakota County Soil and Water Conservation District has programs that would allow stormwater improvements as standalone projects in the future. Councilor Duggan stated that he would like to see that no further damage is done to the lake through this work and that a plan is developed on what can be done to improve Lake Augusta. Mayor Levine commented that there are also opportunities with LeMay Lake. She asked the difference between reclamation and reconstruction. 16 January 4, 2022 Mendota Heights City Council Page 9 of 11 Public Works Director Ryan Ruzek explained that a reclamation grinds up the material and reuses it. He stated that Carmen Lane will be reconstructed as the road will be widened with curb and gutter added. Mayor Levine stated that it appears there will be bonding for the project and asked if that aligns with the projections within the CIP allotted for road work each year. Public Works Director Ryan Ruzek replied that while this is a larger project, it does still align with the projections within the CIP. He stated that the Finance Director was comfortable moving ahead in this manner. Mayor Levine commented that this follows the plan to keep up with the needs of the infrastructure within the community. She commented that any time there is construction, she wants to ensure that sustainability is considered as well. Councilor Mazzitello commented that the amount bonded for has an average goal and acknowledged that some years will be higher, and some will be lower, acknowledging that this is a larger project. He noted that the last large project was Victoria, which was split into two years. Councilor Mazzitello moved to adopt RESOLUTION 2022-03 ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE CENTRE POINTE STREET IMPROVEMENT PROJECT #202107. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 Councilor Duggan suggested that a review be provided showing the last several street projects in order to compare average costs. Mayor Levine agreed that it would also be helpful to have a copy of the street improvement plan. Councilor Duggan stated that it should also be communicated to potential contractors that the City does not want to see any further degradation of Lake Augusta and would look for opportunities to improve that water body. D) ESTABLISH DATES FOR CITY COUNCIL WORK SESSION AND SPECIAL CLOSED SESSION MEETING City Administrator Cheryl Jacobson stated that the City Council is asked to schedule one or more work sessions and a special City Council closed session meeting to discuss a variety of topics. It was the consensus of the Council to hold a closed session meeting on January 18th at 5 p.m. prior and to hold Parks and Recreation Commission candidate interviews on February 2nd at 4:30 p.m. 17 January 4, 2022 Mendota Heights City Council Page 10 of 11 The Council provided potential dates to hold a joint work session meeting with the Parks and Recreation Commission and other work session meetings. Staff will coordinate to choose the date that works best for the joint meeting and also schedule the remaining work session topics. COMMUNITY ANNOUNCEMENTS Assistant City Administrator Kelly Dumas played a short video used for recruitment of new Police Officers. Mayor Levine encouraged people to spread the word and share the video in order to attract new candidates. City Administrator Cheryl Jacobson reported that rinks and warming houses are now open. She highlighted upcoming events and recreational programing. COUNCIL COMMENTS Councilor Miller commended the public works department for the quick and efficient snow plowing activities. Councilor Paper commented that it is great to see people using the rinks and is excited about the upcoming Frozen Fun Fest. He stated that Dennis Rafftery from NDC4 created a video promoting Beyond the Yellow Ribbon, which is an organization that assists veterans. Councilor Duggan commented that it has been great to see kids out skating on the pond. He commented that Mendota Heights is a great city where people contribute towards building the community. He asked if the Friendly Hills tennis area is being used informally as a dog park. Councilor Mazzitello wished everyone a happy new year. He agreed that the Beyond the Yellow Ribbon video is outstanding and showcases that program well. He encouraged contributions to the program. He asked that drivers be attentive, noting that his household has a new driver. Mayor Levine commented that the nights are long this time of year and encouraged walkers to wear reflective vests on themselves and their pets. She stated that it is fun to residents outside enjoying the snow and rinks. Councilor Duggan asked that fire hydrants be shoveled during the winter months and encouraged the community to shop local. ADJOURN Councilor Duggan moved to adjourn. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 18 January 4, 2022 Mendota Heights City Council Page 11 of 11 Mayor Levine adjourned the meeting at 7:51 p.m. ____________________________________ Stephanie Levine Mayor ATTEST: _______________________________ Lorri Smith City Clerk 19 20 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING DECEMBER 14, 2021 The December meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, December 14, 2021, at Mendota Heights City Hall, 1101 Victoria Curve. 1. Call to Order – Chair Steve Goldade called the meeting to order at 6:30 p.m. 2. Roll Call – The following Commissioners were present: Chair Steve Goldade, Commissioners: Patrick Cotter, Bob Klepperich, Stephanie Meyer, Dan Sherer and Amy Smith; absent: Commissioner Jaffrey Blanks. Student Representative: Niko Hess. Staff present: Recreation Program Coordinator Meredith Lawrence, Public Works Director Ryan Ruzek, Police Captain Wayne Wegener, and Police Officer Cara Hogan. 3. Pledge of Allegiance The Pledge of Allegiance was recited. 4. Approval of Agenda Chair Goldade suggested moving item 7D to be considered as 7A and then moving the other items down to follow. He also suggested that 8A be split into two items: Dakota County Ordinance 110 Mendota Heights City Code 4-2-2, Mendota Heights City Code 4-2-4; and Field and Facility Use Fee Discussion. Commissioner Klepperich suggested tabling Item 9B until the Commission has the opportunity to hold a joint worksession with the City Council. He commented that he feels the entities are operating in parallel and he would prefer to meet jointly to discuss the plan. Chair Goldade asked staff for input. Recreation Program Coordinator Meredith Lawrence commented that she would like to provide a presentation to the Commission tonight to receive initial reactions from the group. She stated that the hope of staff would be to present the information to the Commission and Council to receive input. She stated that staff would then make the desired revisions and bring it back to a joint worksession. She noted that the Council has already received the presentation and provided its feedback. Chair Goldade confirmed that staff would like to make the presentation tonight to gather initial input and then hold a joint worksession. Commissioner Smith noted that the Commission has a spent a lot of time discussing items which are then vetoed by the Council and therefore she believed it would be a waste of time to have discussion tonight. She believed that it should be tabled to a joint worksession. Commissioner Sherer agreed with the comments of Commissioner Klepperich that it would be helpful to have the joint worksession. 21 6b. Commissioner Cotter commented that there is a large agenda tonight. He noted that the intent does not appear to have discussion tonight or do substantiative work, but more to receive the presentation. Chair Goldade agreed that after hearing the input of staff he feels comfortable leaving the item on the agenda. Commissioner Klepperich agreed that he would be supportive of receiving the presentation and withdrew his suggestion. Motion Meyer/second Cotter, to approve the agenda with the noted changes by Chair Goldade. AYES 6: NAYS 0 5.a Approval of Minutes from November 9, 2021 Regular Meeting Commissioner Sherer noted on page seven, the eighth paragraph, it should state, “…certain fields for baseball and baseball softball.” Motion Meyer/second Smith to approve the minutes of the November 9, 2021 Parks and Recreation Commission Regular Meeting as amended. AYES 6: NAYS 0 6.Citizen Comment Period (for items not on the agenda) Adam Crepeau, 1016 Douglas Road and MHAA Board Member and Commissioner of Baseball, stated that he has attended the meetings of the Commission for the past two months and is available again tonight to provide any additional information related to items 8A and 9A. He noted that MHAA is very interested in the permitting process, ability to book weekend tournaments earlier, permitting fees, as well as dugout covers. He also asked for an update related to the Victoria Highland pitcher’s mound. Recreation Program Coordinator noted that she would be providing that update in Item 7C. 7.Acknowledgement of Reports Chair Goldade read the titles of the three updates (Par 3, Recreation, Park Improvement Updates, and Dog Park Update) and polled the Commissioners for questions. 7.d Dog Park Update Recreation Program Coordinator Meredith Lawrence stated that Commissioners have received comments from residents related to the off-leash dog park. She noted that the dog park is currently designated as interim use through December 31, 2025. She stated that at this time the Council is not considering taking action on changing that designation. She noted that one concern that has been received is related to motor vehicle theft for users of the park. She stated that she has been working with the Police Department to review the recent incidents, noting that there were three incidents of theft in 2021. She advised that a sign has been installed alerting users not to leave valuables in their vehicle. She noted that she continues to work with the Police Department to study the area and encouraged residents to call 911 if they see any suspicious activity at the dog park. She stated that she has asked Captain Wayne W egener and Officer Hogan to attend tonight to assist in the discussion. She stated that another issue that has been brought forward is holes that have been created from dogs digging. She noted that staff does not have the capacity to fill all the small holes but does attempt to address large areas that need attention. She urged residents to assist in cleaning up after their dogs. 22 Commissioner Cotter stated that the dog park has fully grown trees that block the view of vehicles from the users of the park. He stated that obviously trees have value and asked if there is any other type of clearing that could be done to improve the view of vehicles for the users of the park. Captain Wegener stated that Officer Hogan reviewed the site and provided recommendations. He stated that the largest recommendation is to clear the underbrush and anything under the six-foot canopy of the trees to improve that view. Commissioner Cotter agreed that would seem to be an immediate action item that could provide some assistance with this issue. Chair Goldade stated that another suggestion has been off-street parking and asked if that has been considered. Ms. Lawrence commented that the park is designated as an interim use and therefore staff is cautious of spending thousands of dollars on a parking lot. She stated that staff recommends continuing to use street parking until more progress is made on the park. Public Works Director Ryan Ruzek commented that, per City Code, a paved surface is needed for parking, which would have a cost of a couple hundred thousand dollars. He stated that public works has assessed the trees but that project would be beyond the resources of staff. He noted that a quote was received for the underbrush clearing of about $10,000. He noted that Acacia Boulevard is planned for a mill and overlay and although tree trimming was not originally included, that may be an option. He stated that staff is also considering a trail from Pilot Knob to the dog park entrance. Commissioner Sherer asked for more information on the vehicle theft, whether windows are broken or keys are left in the vehicles. Captain Wegener clarified that the reports are theft from vehicles, not theft of vehicles. He stated that typically the vehicles are unsecured and items are stolen from within. He stated that not having valuables in the vehicle or in plain sight is a deterrent. He stated that theft can occur very quickly and quietly. He noted that even if a window is broken, that is still relatively quiet and quick. Commissioner Smith asked if this trend is occurring at other parks or just this location. Captain Wegener stated that he did not pull data from other parks and therefore could not respond to that. Chair Goldade stated that it would seem the dog park would be an easier target with easy access to roads that provide a quick getaway. He welcomed input from the public. Sara Braziller, of 1959 Oak Street, stated that she finds it interesting that the dog park is referred to as an interim use. She stated that the dog park was originally called temporary and now it appears it will run through 2025. Ms. Lawrence clarified that the park is categorized as an interim use park through 2025. She stated that it may eventually be a permanent park or may become something else after that time. 23 Mr. Ruzek commented that the land where the dog park is located is zoned industrial. He stated that when the current five-year interim use permit for the park expired, the only option was to issue another five-year interim use because the land use could not change during the Comprehensive Plan process. He noted that the plan is to continue to have some type of park on the property and if it not a dog park, a dog park would be created in another location. Chair Goldade stated that the dog park is well used and would continue to exist in this location or another. Ms. Braziller commented that the dog park is well used. She stated that one of her suggestions to staff was to allow parking along the gravel road. Mr. Ruzek stated that the police would ticket those vehicles because the gravel road is not designed for that use. Chair Goldade stated that the addition of the sign and collection of data from the police will hopefully decrease the amount of theft, along with the resident education via Facebook. He stated that the community should now be more aware of the issue and be more attentive. He stated that staff also did an excellent job explaining the cost for a parking lot. Ms. Braziller stated that she also uses the dog park located in Eagan and noted that there is a police officer that parks in the dog park lot several times per day to discourage criminal activity. She suggested that perhaps Mendota Heights do that as well. Chair Goldade believed that the police have increased their presence in that area. Ms. Braziller stated that she was planning to put laminated flyers on the tables at the dog park to alert the users of the issue. She stated that she would also plan to place the flyers on vehicles. She asked if the Park Commission or staff would want their name on the flyers. Ms. Lawrence commented that she is unsure of the policy of putting flyers on vehicles on public property. She stated that contacting the Commission and staff is great, but issues noticed should be addressed by calling 911. Andrew Katz, 1960 Walsh Lane, commented that as a user of the park that frequents the park six days per week, the park is popular with not only residents but residents of other communities. He commented that it is one of the more appreciated dog parks in the metro area. He stated that the different issues with theft occurred during the summer. He stated that while the people did not notice the disturbance, the dogs did focus their attention toward that direction. He stated that perhaps a light could be placed on the utility pole near the on-street parking. He also suggested that perhaps a camera be installed in that area to capture activity. He stated that the users also mentioned removal of the buckthorn/underbrush. He noted that if the City does not have the resources, there are many users of the park willing to assist as volunteers in that type of project. He commented that when the City uses herbicide spray along the fence line, perhaps signage could be installed to alert users to keep their dogs away from that area. He referenced the holes created by dogs and realized that staff does not have the capacity to address that issue. He suggested that perhaps a pile of soil be placed by the outhouse and volunteers that use the park could assist in filling those holes. He commented that water and snow melt builds up over the winter months causing an unusable section. He suggested that perhaps that issue be addressed to assist with drainage. He commented that 24 the bench that was donated was donated by a family of a man from Eagan that used the park daily. He believed that encompassed how users of the park treasure that amenity. Chair Goldade asked the percentage of the holes that are dog-made. Mr. Katz commented that the holes are 100 percent dog created. He noted that the drainage issue results from perhaps heavy equipment that created ruts over time. Chair Goldade thanked the residents for their input. He also thanked Captain Wegener and Officer Hogan for their service. 7.a Par 3 Update Recreation Program Coordinator Meredith Lawrence briefly reviewed the 2021 October Financial Report. She stated that the course shows a good financial status for the year with an operating surplus. She noted that there are some expenditures for November and December which will decrease the operating surplus as the course is now closed. She stated that information was also provided in the report that tracks the number of rounds purchased this year. She stated that three pieces of equipment were brought before the Council and were included in the now adopted budget, so staff will bring forward the purchase requests for the equipment to the Council at its meeting in January. She noted that the Council also reviewed the recommendation from the Commission related to the senior golf pass and advised that the Council approved continuing the pass for 2022 as recommended. Commissioner Sherer referenced the equipment and the previous suggestion to attempt to share equipment with neighboring courses. He asked if the old equipment could be sold for salvage value. Ms. Lawrence stated that the equipment can be traded in. She stated that the aerator is not running and therefore will be difficult to move off the property and will likely not receive a high trade in value. She noted that many of the neighboring courses have newer equipment and therefore are not interested in this equipment. Chair Goldade congratulated staff on another great season. 7.b Recreation Update Recreation Program Coordinator Meredith Lawrence reviewed the recreational programing information included within the report. She stated that she intends to have the planning for the summer 2022 season completed by mid-January. She also highlighted upcoming winter programs and events. Commissioner Sherer recognized the increased partnerships with other municipalities and asked for details on the cost-share between the communities. Ms. Lawrence explained how the cost is allocated between the parties based on those registered from each community. Commissioner Smith asked how the bean bag tournament is being advertised. Ms. Lawrence stated that staff is still working on that and reviewed the different methods of communication that will be used to market the event. She confirmed that staff would be reaching out to the local schools to advertise the event. 25 Chair Goldade asked if Student Representative Hess could hang posters at his school if provided by staff. Student Representative Hess confirmed that he could do so but noted that there are not many places available that would be highly visible. Commissioner Meyer asked for an update on rink flooding. Ms. Lawrence commented that flooding of Marie and Friendly Hills has not yet begun. She stated that staff intends to begin the process later this week. She stated that the liner has been placed at Wentworth and was filled with water. She believed that rink would most likely be the first to open. She hoped to open the rinks December 30th, give or take. Commissioner Meyer asked if the ice at Wentworth would need to be smoothed. Ms. Lawrence commented that staff would continue the flooding process which will help to smooth it. 7.c Parks Improvement Update Recreation Program Coordinator Meredith Lawrence noted that she plans to bring the recommendation from the Commission forward to the City Council related to light use at Marie Park and Friendly Hills for 2022. She stated that if agreed upon by the Council, she would send the recommended mailing to residents within 500 feet of Friendly Hills and would hope to receive public comment at the Commission’s February meeting. She reported that the Council has approved the dugout covers for Mendakota Park and hoped that the project would be completed in early spring. She stated that the Victoria Highlands mound request was brought forward to the City Council and the Council tabled the request, directing staff to solicit residents near the park for input, and also to gather input on the cost of temporary mounds. She stated that she has since met with local park and recreation staff to discuss temporary mound use. Commissioner Sherer stated that he is happy to see the approval of the Mendakota dugout improvement project. He asked if a completion date was included in the contract. Ms. Lawrence stated that a completion date was not provided but staff has asked that the work be completed as soon as it can. Commissioner Cotter stated that it is his understanding that staff will solicit feedback from the neighbors of Victoria Heights and research temporary mounds. He asked if the City would plan to purchase the temporary mounds or whether that would be a purchase made in conjunction with MHAA. Ms. Lawrence commented that has not been decided. She stated that in the discussion with staff from other cities, the cities are not purchasing the temporary mounds and those are purchased from the athletic associations. She stated that a nice temporary mound can be purchased for about $2,000, but recognized that can become pricey if being done for multiple fields. Commissioner Sherer commented that one disadvantage of the temporary mounds is the instability because of children using that field stepping off the mound for other actions. He was disappointed that the Council did not approve the recommendation but recognized that the 26 Council has been busy with other topics and did not watch the meeting and missed important information discussed by the Commission and MHAA. He commented that a real mound is not permanent in his mind as it can be removed with a skid loader. He stated that he would like to find a simpler way to complete easy projects such as this, especially when residents are willing to assist. Ms. Lawrence stated that the hope would be to solicit residents within 500 feet. She stated that a public meeting could be held for the Commission in March and move forward to the Council in April. Commissioner Sherer asked if that public engagement process is the new standard for any addition to a park moving forward. He commented on other park improvements that did not involve neighborhood comment through that format. Ms. Lawrence commented that staff received direction from the Council to solicit input from the neighborhood. She stated that community involvement is important as these are taxpayer dollars. Commissioner Smith stated that she has only seen baseball being played on that field, therefore she did not believe equity was a part of this decision. She stated that the Council suggested that perhaps the neighborhood uses the field for kickball. She commented that a friend of her daughter lives in that neighborhood and stated that she has only seen baseball and kids practicing soccer in the outfield. She believed that should be kept in consideration as this moves forward. Commissioner Meyer stated that in the discussion of the Commission it was determined that there were appropriate fields for both baseball and softball and therefore equity was not a concern. Ms. Lawrence commented that there is not a turf infield, therefore it is a multi-purpose field. She commented that turf infields are typically more successful with mounds. She stated that the City receives comments from softball parents stating that there is not enough field use for softball in Mendota Heights and that is why they use fields in West Saint Paul. Commissioner Meyer asked if the list of softball parents could be provided to her and Commissioner Smith to assist in their work on community outreach. Ms. Lawrence commented that is a great idea. She believed that perhaps Commissioner Smith would be more in touch with softball parents through MHAA. Commissioner Meyer commented that she would love to engage with some of the residents that have expressed concern. Ms. Lawrence confirmed that she could follow up with Commissioner Meyer to discuss. She noted that for this time the request has been tabled and will come back to the Commission in the future. Chair Goldade commented that the Commission was more willing to add a mound to Victoria Highlands than the City Council, therefore the request has been delayed. He stated that he would like the City and MHAA to work together to find a temporary mound solution for 2022 as he did not believe a permanent mound would come through for the 2022 season. 27 Ms. Lawrence confirmed that she has been in communication with MHAA and has also involved MHAA in the research of temporary mounds. Student Representative Hess asked if the basketball courts are also being considered for the park lighting. Ms. Lawrence confirmed that the basketball courts are included for Marie Park. She noted that she still needs to review Friendly Hills to determine if that could be done at that location as well. She stated that if the available lighting used for rinks would reach the basketball courts at that location, she would include that in the recommendation. Commissioner Sherer commented that Mendota Heights does not have enough fields for baseball and softball, noting that it is a challenge to find space for all the teams. He noted that without a nice athletic complex, the City will need to continue to use neighborhood parks as baseball fields. Motion Meyer/second Cotter to acknowledge the staff reports. AYES 6: NAYS 0 8. New Business 8.a Field and Facility Use Fee Discussion Recreation Program Coordinator Meredith Lawrence commented that she was not aware the items would be split into two for this discussion. She noted that she prepared a presentation that she will provide, and the Commission can then split the related discussion as desired. She stated that this is the same presentation that the City Council received. She reviewed the policy history, noting that the policy dates back to 1992 but was not followed until 2018. She also reviewed related human resources available for permitting the facilities and related to maintenance. She stated that staff met with all user groups in January 2021 and noted that the fields and facilities continue to be in high demand. She highlighted the fields that receive the most requests. She noted that blanket permitting continued in 2021 which reserves fields that may not actually be used and results in a lack of public reservations. She believed that the City has a sufficient number of fields but the use of blanket permitting blocks other use. She commented that there was a lack of communication within MHAA and its parents. She stated that MHAA tournaments are larger and require more staff time. She stated that the Council approved a waiver in May for the tournament fees for MHAA. She stated that in 2021 the new tennis court reservation policy was put into place. She reviewed the actual 2021 hours of usage, noting that MHAA continued to have the most usage of all field facility usage. She reviewed details on the 2021 participants and revenue. She also compared the MHAA tournament revenue and compared that to the revenue that would have been gained without the waiver. She recognized the revenue generated by tennis reservations and noted that cost associates to about half of the revenue gained through that entire season. She stated that the current fees were included within the Commission packet. • Dakota County Ordinance 110 Mendota Heights City Code 4-2-2, Mendota Heights City Code 4-2-4 Public Works Director Ryan Ruzek commented that Dakota County has a goal of reducing waste and therefore any event within the City with 300 attendees must collect waste through trash, recycling, and organic waste bins. He noted that in 2021 there were four weekend tournaments and staff was used to collect the trash. He stated that the other neighboring 28 communities require the sponsors of the event to submit a waste collection plan to the city and perform those duties on their own. He stated that staff is requesting that these tournaments/events follow the same process to submit a plan and complete the trash, recycling, and organics collection on their own. Commissioner Cotter asked if there is an idea of the cost for that action per tournament. Mr. Ruzek estimated a cost of $300. Commissioner Cotter asked if that cost would be to contract with a trash collector. Mr. Ruzek confirmed that the tournament would contract with a trash collector and would provide a plan to the City on where those bins would be located. Commissioner Cotter commented that public works does a fantastic job keeping the parks clean and he would like to see that consistency remain. He asked if public works would recommend a vendor for the users in order to ensure consistency. Mr. Ruzek explained that staff would work with event sponsors and would not provide a recommendation on the best vendor. He noted that there are a number of companies that offer that service. He stated that as this program is further developed, staff could provide such recommendations. Commissioner Cotter commented that there is a continued dialogue between MHAA and public works and the City. He asked how the fees would be set, noting that this request would be a substantial increase. He stated that he would be looking at whether MHAA would have the revenue to cover that service. Mr. Ruzek stated that tournaments are used as fundraising events for MHAA and recognized that would be an additional expense. He stated that currently the City has a public works employee that is onsite and paid at time and a half. He stated that event sponsors would not be able to use the organics collection at Mendakota because that is setup for Dakota County residents and not event sponsors. Commissioner Cotter asked if volunteers could be used for onsite trash collection and whether the cost would be for the vendor to collect the trash. Mr. Ruzek confirmed that volunteers could be used to move the trash bag to the related dumpster. Chair Goldade stated that there are two issues related to trash; the dumpster and the party that will take the bag to the dumpster. He stated that in 2021 public works staff was used to bring the bags to the dumpster. Mr. Ruzek replied that public works staff brought the bags to a truck and hauled that to the public works facility as there is not an onsite dumpster at the park. Chair Goldade asked if staff is asking for feedback on who should pay for the dumpster and who would take the trash to the dumpster. 29 Mr. Ruzek stated that as part of the policy, an event sponsor would be required to submit a plan on how the solid waste collection would occur. Chair Goldade stated that in 2021 public works provided this service. He stated that it would appear that the event sponsor would either provide their own vendor or pay the $300 to have public works provide the service. Mr. Ruzek confirmed that while public works was used in 2021, staff would not be made available to provide that service for fee going forward. He confirmed that duty would shift to be the responsibility of the event sponsor. •Field and Facility use Fee Discussion Ms. Lawrence stated that the 2022 recommendations brought to the Council from the Commission were to eliminate the tennis court reservation system to enable courts to be used on a first-come, first-serve basis. She reported that the Council did not agree with that and continued the tennis court reservation program. She stated that the Commission recommended to allow MHAA to submit tournament requests the first business day of January and to ensure a prompt response from staff within 14 business days. She reported that the Council did approve that action as an amendment to the policy with the change to allow 21 days for response. She noted that all user groups can submit tournament requests the first business day in January with a response by January 24th. She noted that the final recommendation was to formally reduce the costs for tournaments for MHAA to a “not to exceed fee” of $498 per weekend tournament. She reported that the Council has asked the Commission to choose one of three options: 1) not to exceed tournament fee of $498 plus user would be responsible for solid waste removal, 2) fess for the tournament remain as included in the 2021 fee schedule without having a waiver, or 3) fees for the tournament remain as included in 2021 fee schedule plus user would be responsible for solid waste removal. Chair Goldade stated that the fees are reviewed on an annual basis, therefore the fees are not really permanent. Ms. Lawrence clarified that her intent was to say permanent for 2022. Commissioner Cotter asked for clarification on the fees for a weekend tournament at Mendakota. Ms. Lawrence replied that the cost would be $340 per day for four fields prepped. She commented that a three-day tournament would be $1,020 for the fields only and does not include concessions. She reviewed the staff duties that are included for prepping the fields. She stated that in 2021 staff was also emptying trashes, restocking bathrooms, and addressing messes that arise. Commissioner Sherer stated that he typically does not see staff during the day at tournaments and asked if staff is typically spending two hours per day on prep duties. Ms. Lawrence commented that the staff member is working throughout the day and checking in every hour or two to collect trash and then empty it at public works. She stated that previously public works came in to prep from 5 a.m. to 7 a.m. but that then transitioning to the staff person working from 5 a.m. to 2 p.m. and can then be called back should another issue arise. 30 Commissioner Sherer stated that he has not seen staff intermittently and only at the beginning and end of the day. Commissioner Cotter commented that it would sound like there is a cost difference of $200 between options one and two. He stated that because MHAA is the most likely tournament sponsor, it would make sense to gain their input on whether they would prefer the higher cost or be responsible for waste removal. He stated that input would be helpful. Ms. Lawrence stated that there is no deadline for the Commission to make that recommendation, but noted that MHAA will be submitting their tournament requests the first business day in January, and therefore MHAA would most likely want the fee set in order to know the appropriate cost to charge its users for the event. Commissioner Cotter stated that it would be nice to have the input of MHAA before making the recommendation. Chair Goldade noted that option one would be $498 plus $310 for the waste removal. Ms. Lawrence stated that $310 was the cost estimate provided from the one hauler in 2021, therefore the exact 2022 cost is not known. Mr. Ruzek stated that the event sponsor would be able to contract with the vendor of their choice. Chair Goldade asked if any of the options would include the City handling the waste removal. Ms. Lawrence replied that the City would provide that service in option two, which would have a cost of $85 per field per day which would equate to a cost of $1,020 for a three-day tournament. She noted that organics collection would still need to be done for the back of house, but staff would work with the event sponsor to dispose of the organics collected. She stated that option three would keep the costs in place from 2021 ($1,020 for a three-day tournament) and the user would have the responsibility of the waste removal. Commissioner Cotter stated that he would like to propose that a memorandum be provided to MHAA and the other user groups to provide these three options and solicit input. He did not believe any users would choose option three. He suggested that the user groups choose between options one and two and that the decision of the Commission be provided at the January meeting. He stated that his concern with event sponsors providing waste removal would be the consistency and whether it would be done well. Commissioner Sherer asked if this is a budget issue or what is driving the discussion related to waste removal. Ms. Lawrence replied that one of the main conversations with the Council has been related to who is paying for staff costs and supplies. She stated that the Council discussed in depth as to who should be paying these fees and whether the City should be subsidizing tournament costs using tax dollars from residents that do not participate in the tournaments. She stated that the Dakota County ordinance was brought forward as something that needs to be included in 2022, regardless of the fee discussion. She stated that the discussion is not just financial in nature. Chair Goldade asked if volunteers have ever been seen at tournaments dealing with trash. 31 Commissioner Smith replied that she has never seen that practice. Commissioner Sherer commented that MHAA is a volunteer-based organization where parents are coaching, scheduling, and running concession stands. He stated that if given the choice he would suspect that MHAA would prefer to have volunteers deal with the trash but recognized there is a point where volunteers are stretched too far. He agreed that there is a need for a larger scale discussion related to City subsidizing of youth sports associations. He stated that many other communities have sports programing through schools and the City, but in this community MHAA is the only organization offering those sports. He stated that in the past he believed there was a subsidy of $10,000 to MHAA for providing this type of programing and that has dropped to zero and swung in the other direction to charge fees. He stated that he recently reviewed the costs for tournaments in other communities, noting that West Saint Paul charges $250 for tournaments. He stated that registration fees have increased by almost 500 percent from 2011 to 2021 in order to cover the costs and fees charged for fields and tournaments. He stated that continued increases in costs will eventually impact the ability of lower income families to participate. He noted that while MHAA offers scholarships, many people are reluctant to apply and admit that they need the help. Ms. Lawrence stated that there has been inflation from 2011 to 2021. She stated that in the past when the City provided $10,000 to MHAA, the residents were paying that which means residents that were not playing sports were paying for that amenity. Commissioner Cotter commented that the Commission understands that but there is a City park and recreation department. He stated that the City and schools previously offered these services but no longer do so. He stated that this community offers those programs completely through a volunteer organization. He stated that in his time with the Commission there seems to be an adversarial thing between the two entities. He commented that this is why he would like the input from the user groups. He stated that if the structure of youth sports in this community is through a volunteer organization, there has to be some working together and coordination. He stated that input should then be used along with the consideration of continuity of services such as waste removal. Chair Goldade asked if staff can confirm that the City Council has adopted a tax levy increase of 6.7 percent. Mr. Ruzek believed that is correct. Chair Goldade asked if City staff is aware of any tournaments where volunteers are required to handle trash duties. Mr. Ruzek replied that he has not attended many youth sports tournaments, but has been to many concerts where event sponsors are required to provide that service. Chair Goldade asked if the City would be itemizing trash costs for concerts this summer. Mr. Ruzek replied that the City would be providing that service because that is a city community event and not a private, for-profit tournament. Chair Goldade stated that the City Council has requested the recommendation from the Commission and asked if the Commission could propose a motion at this time. 32 Motion Cotter to table this matter to the January meeting and direct staff to send a memorandum to the tournament user groups with these options and asking for their input prior to the Commission’s January meeting. Commissioner Sherer stated that he would propose a fourth option to leave the tournament fees at $498 and not requesting the event sponsor to pay for waste removal. Commissioner Cotter stated that he is not just looking for a choice out of the three options, but the explanation on the different choices. He stated that if option four is provided, users will select that option without explanation. Commissioner Sherer stated that under the actual fee structure, the organization breaks even. He stated that tournaments are meant as fundraiser in order to lower registration costs. Commissioner Klepperich stated that while he is sympathetic to that, he also recognizes the opinion of the City Council that some of these activities need to pay their way. He stated that even under the actual fee structure, the full costs of the City are not recouped. He believed they should reach a point where the fees come closer to paying for the tournament costs. Chair Goldade stated that it would appear the opinions of Commissioner Cotter to table and Commissioner Sherer to select option one without the waste removal costs are different and would not be the same motion. The motion died for lack of a second. Chair Goldade referenced the previously made suggestion of Commissioner Sherer which he believed was to recommend option one but to have the City to provide the waste removal service at the cost of the event sponsor of $310. Ms. Lawrence commented that if the City is responsible for waste removal, it would not contract for a dumpster as there is a dumpster available at public works. She clarified that it would appear Commissioner Sherer would be requesting a fourth option of a not to exceed fee of $498 for tournament field usage. Commissioner Klepperich stated that the City Council has already denied that option. Ms. Lawrence stated that the Council wanted staff to present the three options in the presentation. Commissioner Meyer commented that MHAA is a volunteer organization. She stated that as a parent with a child that participates in MHAA, most participants are Mendota Heights children, and the parent volunteers are Mendota Heights residents. She stated that she finds it incredibly frustrating that the argument is being made that the tax dollars of all residents should not be used to provide opportunities of recreation for other residents of the same community. She stated that when a community does not offer recreation opportunities for youth, the youth find other things to do that often are not positive. She stated that it is not desirable to live in a community that does not offer recreation opportunities, to have your vehicle vandalized, or to have your garage vandalized because kids are bored. She stated that the cost for participation should be reasonable for families. She stated that she does not like the option for City staff to work overtime and believed there may be other options that could be discussed. She asked if 33 the trash removal were being provided by the event sponsor would that mean that City staff would just prep the fields and be done for the day. Ms. Lawrence confirmed that if trash removal is not being provided by City staff, the staff would come in from 5 to 7 a.m. to prep the fields. She stated that currently there is a staff person that is on duty as a scheduled shift. She stated that when that person was added to staff, it was anticipated that the staff person could handle other responsibilities during that weekend shift rather than trash collection. She noted that public works is always on call to address issues that may arise. Commissioner Smith stated that if the City is making it unattractive for groups to use the facility, Mendakota would not be used on a weekend which is lost revenue. She stated that user groups will go to other cities that are more welcoming. Commissioner Sherer stated that fastpitch softball is using a different facility because it is more attractive. He stated that he does not like driving to northern West Saint Paul to watch his kids play soccer, but that is where the teams play. He noted that there are club sports moving in that offer coaches and nice fields and some parents are becoming more attracted to that programing. He worries that the City will lose community-based sports and that families that cannot afford higher costs will not be able to play. Chair Goldade commented that the recommendation for $498 has been sent to the Council once before and asked if Commissioner Sherer is suggesting that be done again. Commissioner Sherer hopes that members of the Council are watching the meeting in order to better understand the perspective of parents that are involved with youth sports in Mendota Heights. Motion Sherer to recommend a not to exceed fee of $498 for weekend tournaments. The motion died for lack of a second. Commissioner Cotter left the meeting. Ms. Lawrence stated that there is still one more decision related to club sports as part of this discussion. Mr. Ruzek stated that this would only apply to tournaments and would not apply to students playing MHAA baseball. Chair Goldade commented that this is one of those situations with an unintended consequence. He stated that the City accommodated a lesser fee during COVID-19 and therefore it would sting more to go back to the fee and add the waste removal. Commissioner Meyer commented that if this is going to be tabled it would kick the can down the road and avoid the job the Commission is meant to do. She asked if the Commission should suggest a cost between $498 and $1,020. Chair Goldade stated that his position is that the Commission provided a recommendation which the City Council did not like, but that remains the position of the Commission and if the Council desires, they can change it. He stated that he would suggest the Commission provide 34 information related to waste removal. He asked for input from the Commission on waste removal as he believes the recommendation on tournament costs has already been made at $498 the previous month. He stated that for the Council to send it back saying the Commission did not get the answer right, it would make sense that the Council can make the decision on its own as it did in 2021 to lower the cost to $498 without recommendation from the Commission. Ms. Lawrence stated that the Council directed this to go back to the Commission because of the new information related to the Dakota County ordinance related to waste removal. Commissioner Smith commented that volunteers are not allowed to do many activities in the park, such as creating the pitching mound as previously suggested by the Commission and MHAA, therefore she does not feel that volunteers should be used for trash removal. Commissioner Klepperich agreed. Motion Meyer/second Smith to recommend that tournament users should not be responsible for solid waste removal or related costs. Further discussion: Commissioner Sherer stated that it was mentioned that the City Council did not accept the previous recommendation of the tournament fee of $498. He asked if that was at a regular Council meeting. Ms. Lawrence replied that the conversation occurred at a worksession, which was a public meeting and open to the public. She stated that the Council cannot make formal decisions at worksessions but can reach consensus and send items back to the Commission. Commissioner Sherer asked if the conversation was specific to MHAA or all tournament users. Ms. Lawrence replied that for 2021 the only waiver issued was to MHAA, therefore all other users would have paid the three-day cost of $1,020. She stated that there are other organizations that hold tournaments. Commissioner Sherer stated that it would be helpful for the Council to receive additional input from MHAA on the impact that the increased costs would have on registration fees. AYES 5: NAYS 0 Ms. Lawrence stated that the City Council also wanted the Commission to review club per player fees. She commented that club organizations are becoming more prominent and are paying coaches. She stated that the Council wanted to know if there should be a higher cost for club sports. Commissioner Smith commented that MHAA does not provide traveling soccer, therefore there is no other option except for SALVO. She stated that SALVO would then be considered MHAA soccer. She noted that it is a nonprofit and that is the only option for the kids to play soccer. She stated that the Council has been driven to increase fees, but in her eyes, SALVO is similar to MHAA and therefore the price should not be increased. Motion Smith/second Klepperich to keep the priority four user fees from 2021 for 2022. Further discussion: Commissioner Sherer asked if there are requests from other clubs. 35 Ms. Lawrence stated that there have been requests from other soccer clubs, but they have not received fields thus far. She believed that she had also received a request from club baseball and club lacrosse, but neither were able to receive fields. Commissioner Sherer asked if there has been research as to what is done by other communities for clubs. Ms. Lawrence replied that the City fee is in line with other communities. Student Representative Hess commented that he has played soccer for years, as have many of his friends, and there is no other option for soccer in this community. He agreed that it would not be a good idea to raise the fee for club sports. AYES 5: NAYS 0 8.b Wentworth Warming House Design Review Public Works Director Ryan Ruzek stated that the Commission has been asked to comment on the current plans for the Wentworth warming house. He stated that preliminary plans have been submitted by the architect. He identified the boundary of the existing warming house along with the proposed new warming house boundary. He displayed the two options developed by the architect and reviewed the different elements, noting that the only difference between the two is related to the vestibule. He asked for feedback and input on the vestibule options. Commissioner Meyer asked why a vestibule is necessary. Mr. Ruzek replied that is required per the energy codes. Commissioner Meyer stated that originally it was planned that the outdoor restrooms would be unisex. She asked if a decision was since made to mark one as men’s and one as women’s. Mr. Ruzek noted that the men’s room has a urinal which makes for easier cleaning. He stated that the bathrooms could be unisex if desired. Chair Goldade stated that he would prefer unisex bathrooms with urinals in both. Commissioner Smith asked if the vestibule with the opening towards the seating in option two would push cold air towards those on the bench inside. She noted that in option one it seems that cold air would push towards the vending area and therefore she would suggest option one. Commissioner Meyer stated that she would prefer option two, as sometimes people crowd near vending and that could create congestion with people coming into that area too. Commissioner Klepperich asked if there is enough water pressure for flooding. Mr. Ruzek commented that the utilities are not shown on the drawings. He displayed the different elevation drawings, noting that the architect attempted to match the architecture of the pavilions at the park. He stated that sewer and water have not been brought down and will be brought from Wentworth Avenue. He stated that he has also spoken with Saint Paul Regional Water Services to determine if another hydrant could be installed near the building for flooding. 36 Commissioner Sherer referenced the Friendly Hills warming house, which is wood and aluminum, with a cost of about $150,000 and believed that this was meant to be of a higher quality. Mr. Ruzek replied that the warming houses at Marie and Friendly Hills were built for around $40,000 each and the desire for this building was to have indoor use and restrooms. He stated that with increased materials cost the estimated cost is about $250,000. He noted that a completely concrete and block building would run near $1,000,000. He confirmed that there was not a strong feeling on the vestibule options. Commissioner Meyer confirmed the consensus of the Commission that the outdoor restrooms should be unisex restrooms. Commissioner Sherer asked if that could then eliminate the need for the indoor restroom. Mr. Ruzek commented that could perhaps be an option but noted that additional measures would be needed to ensure that the exterior doors could be locked during the winter months. Commissioner Meyer clarified that Commissioner Sherer was suggesting making one restroom accessible from the interior and one from the exterior, eliminating the need for a third bathroom. She also recognized that would limit the amount of use people could have for the outdoor restroom in the warmer months if there is only one available. Mr. Ruzek commented that he does recall a conversation with the Police Chief, and it was stated that the restroom could not be accessible from the interior and exterior because of safety concerns. He provided the example of a child using the restroom and forgetting to lock one of the doors which provides the opportunity for someone else to come into the restroom. 8.c Friendly Hills Park Boundary Signage Public Works Director Ryan Ruzek identified the large pond in that area adjacent to residential properties. He stated that he has received concerns from residents related to clearing that is being done. He noted that upon inspection he did notice a number of private improvements within the park property. He stated that he is going to mail enforcement letters to the properties alerting homeowners to remove private improvements from the park property. He asked if the Commission would be supportive of installing park boundary signs, as almost all the properties have some type of improvement within the park property. He stated that similar signage was installed at another park. He hoped that the signage would avoid additional encroachments on the park property. Commissioner Smith asked the type of improvements. Mr. Ruzek commented that one property has a large brick fireplace, but most issues are related to vegetation removal to the shoreline of the pond. He noted that some properties also have fencing in the park property. Motion Klepperich/second Meyer to direct staff to install boundary signs as recommended by staff. Further discussion: Chair Goldade asked if new trees could be planted with the signs. Mr. Ruzek confirmed that staff could look at opportunities for tree planting. 37 AYES 4: NAYS 1 (Smith opposed) 9.Unfinished Business 9.a Dugout Recommendation Recreation Program Coordinator Meredith Lawrence reviewed the previous dugout recommendation from the Commission. She stated that at the October meeting MHAA provided a list of recommended improvements, which listed a different priority for dugout improvements. She asked the Commission for additional input before she brings this forward to the City Council. She estimated the cost for dugout improvements to be $20,000 to $25,000 per park. It was clarified that the top three priorities of MHAA were Victoria Highlands, Valley Park, and Civic Center. Commissioner Sherer stated that the Commission previously recommended dugout improvements for seven parks which was narrowed down to three parks. He stated that Ivy Hills was considered because fastpitch softball uses that field but recognized that Mendakota has dugout improvements, and that field is heavily used by softball. He stated that after that meeting, he spoke with MHAA, and it was clarified that MHAA does not believe Ivy Hills would be a good use of funds as the field is only used for practice and not games and therefore Civic Center was recommended in place of Ivy Hills. Motion Meyer/second Klepperich to recommend dugout improvements for Victoria Highlands, Valley Park, and Civic Center. AYES 5: NAYS 0 9.b Draft Mendota Heights Parks and Recreation Strategic Plan Recreation Program Coordinator Meredith Lawrence provided an overview of the draft Parks and Recreation Strategic Plan; including the strengths, weaknesses, opportunities, and threats related to the current state of parks and recreation in Mendota Heights. She then reviewed the guiding principles, goals, actions items, and desired outcomes for the future of parks and recreation in Mendota Heights. She also highlighted the key performance indicators. She noted that staff provided this presentation to the City Council and there was in-depth discussion. She stated that the initial feedback from the Council was that they would like more information on demographics, projections for the future, and for the CIP to be implemented in the document. She noted that staff will continue to refine the document with that direction and will plan to bring the document back in January. She noted that she will also attempt to schedule a joint worksession. She asked the Commission if there are any additional items that should be included or researched before the next update is provided in January. Chair Goldade commented that this was a great report and asked if there is specific information staff is looking for. Ms. Lawrence stated that her intent was to solicit initial feedback on anything the Commission feels may be missing or additional information the commission would like to see. Chair Goldade stated that he would want to ensure that the document can be used and will not just be something that sits on the shelf once completed. 38 Commissioner Sherer commented that he agrees that the CIP should be incorporated. He also agreed that the changes in demographic would be important, noting that there were changes from 2010 to 2020 and continues to change annually. Commissioner Meyer asked if the percentages were provided from the census. Ms. Lawrence noted that there were most likely estimates from the census and the entire census information has not yet been provided. She hoped to look more in-depth as they discuss how demographics may change and the related changes that would be needed. Commissioner Meyer referenced the desire to attract staff and asked if the City has considered ways to attract residents to apply for City positions. Ms. Lawrence acknowledged that there are not many Mendota Heights residents on City staff. She stated that the City Administrator has been promoting the vacant positions as much as possible to residents but recognized the difficulty in attracting applicants in the workforce today. She commented that 95 percent of the seasonal staff are residents. Chair Goldade thanked staff for the excellent work and looked forward to the continued review in January, along with the requested joint meeting with the Council. 9.c Winter Fest Update Recreation Program Coordinator Meredith Lawrence stated that updated information for the event was included in the packet. She noted that the event will be titled “Mendota Heights Frozen Fun Fest”. She reviewed the planned event dates and related events. Chair Goldade advised of a contact he has that could assist with writing clues for the medallion hunt. Commissioner Klepperich asked if there has been a thought for having cross country skiing at the golf course. Ms. Lawrence replied that has not been considered. She noted that the clubhouse has been closed and winterized and there would be a lack of parking. 10.Staff Announcements Recreation Program Coordinator Meredith Lawrence shared the following announcements: •There will a vacancy on the Commission as Chair Goldade will serve at his last meeting in January. She stated that interested candidates can apply and hopes to have the new member join the Commission for its February meeting. •Rink flooders are still needed. •Other events can be found on the City’s website 11.Student Representative Update Student Representative Hess commented that most of the youth sports activity has been focused on indoor/school basketball and outdoor hockey and believed that winter parks use will focus on rink activity. 12.Commission Comments and Park Updates 39 Commissioner Sherer •Parks are covered in snow and his children are looking forward to the rinks being flooded Commissioner Meyer •Echoed the comments of Commissioner Sherer •Thanked public works for their efforts clearing snow on the roads, sidewalks, and trails Commissioner Klepperich •Echoed the appreciation to public works staff for their snow clearing efforts Commissioner Smith •Echoed the thanks for snow removal noting that the trails look great •Looking forward to the rinks being flooded for use Chair Goldade •Valley View Heights Park is a small park but noticed that the basketball court was cleared •Thanked Sue Light and noted that he will pass on the information she provided about the Rogers Lake Association. Thanked the Association for the work they do to keep the lake and park a great amenity. Chair Goldade commented that he believes the job of the Commission is to be passionate about parks and recreation. He recognized that is different than the job of the Council, whose job is to look at the bigger picture. He hoped that the meeting tonight would be seen as something that makes the collaboration better and stronger rather than adversarial to the Council. He stated that he respects the job of the Council as it has more information and sees the bigger picture for the community and therefore respects the decisions they make. 13. Adjourn Motion Klepperich/Second Meyer to adjourn the meeting at 9:16 PM AYES 5: NAYS 0 Minutes drafted by: Amanda Staple TimeSaver Off Site Secretarial, Inc. 40 Request for City Council Action DATE: January 18, 2022 TO: Mayor Levine and City Council, City Administrator Jacobson FROM: Tim Benetti, Community Development Director SUBJECT: Joint Powers Agreement for Open to Business Program thru Dakota County Community Development Agency – Years 2022 and 2023 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”). The separate Contract for Services for the Open to Business Program between the CDA and MCCD is attached to the joint powers agreement for added reference only, and is not subject to any changes or approvals. 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. Businesses can be located in Anoka, Dakota, Hennepin, Ramsey or Washington Counties. Natalie Mouilso is the 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. Last year, OTB provided professional assistance with one dairy technology start-up venture; and assisted with strategic planning, financial consultation and marketing strategies to three existing businesses (a music academy, a martial arts studio, and a real estate office) in the community. 41 6c. BUDGET IMPACT The cost for the Open to Business program for 2022 is $150,000, per year, which fee is spread out between the 11 consortium cities and based on the size of the community. For the City of Mendota Heights, the FY 2022 fee (and 2023 fee) is calculated at $5,600, of which the city pays only one- half ($2,800), while the CDA provides the other $2,800 half with matching county funds. This OTB contract funds are allotted under the Community Development budget. RECOMMENDATION Staff recommends City Council adopt a motion APPROVING THE JOINT POWERS AGREEMENT BETWEEN THE DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY AND THE CITY OF MENDOTA HEIGHTS FOR PARTICIPATION IN THE 2022 – 2023 OPEN TO BUSINESS PROGRAM; authorize the Mayor and City Administrator to enter into the joint powers agreement with Dakota County CDA; and authorize shared funding of this program not to exceed $2,800 per contract year. ACTION REQUIRED No resolution is required. This matter requires a simple majority vote. 42 OPEN-to BUSINESS – LIST of MENDOTA HEIGHTS BUSINESSES ASSISTED (2021) 43 Joint Powers Agreement JOINT POWERS AGREEMENT Open to Business Program THIS JOINT POWERS AGREEMENT (this “Agreement”), is made as of DATE, 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 BURNSVILLE ECONOMIC DEVELOPMENT AUTHORITY, 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. 44 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. 45 Joint Powers Agreement 3 Section 6. Term; Distribution of Property. The term of this Agreement shall expire on December 31, 2023. 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] 46 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 47 Joint Powers Agreement S - 2 CITY OF MENDOTA HEIGHTS Dated: _______________ By _________________________________ Its ________________________________ By _________________________________ Its ________________________________ Notice Address: 1101 Victoria Curve Mendota Heights, MN 55118 Attn: Community Development Director 48 Joint Powers Agreement A - 1 Exhibit A Contract for Services for the Open To Business Program 49 1 Contract for Services for the Open To Business Program THIS AGREEMENT is dated ______, 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 11 political subdivisions of the State of Minnesota listed on Exhibit A here to (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 the model known as “Open To Business,” an initiative providing small business technical assistance and capital 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 – 2021; and WHEREAS, pursuant to CDA Resolution No. 21-6500, adopted on December 14, 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 less than 10,000 residents (“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 upon the first day of January 2022, and automatically renew January 1, 2023. This agreement will terminate on December 31, 2023, subject to earlier 50 2 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 The CDA will compensate MCCD for its services hereunder an amount equal to One Hundred Fifty Thousand Dollars ($150,000) (“Contract Amount”). The CDA will pay such amount in two equal installments, the first no earlier than March 1st and the second no earlier than September 30th, 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 the CDA its Participation Fee in amounts and by 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 SEVICES MCCD will provide technical assistance and access to capital to existing businesses, residents and those parties interested in starting a business in any of the Municipalities, Small Cities, and Townships within Dakota County as further described on Exhibit B and Exhibit C 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 agreement for 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, entrepreneurs, and businesses served ➢Hours of technical assistance provided ➢Hours of dedicated program (including but not limited to – city initiatives, program outreach, public events, city meetings, research, client follow-up, general inquiries) ➢Type of business/industry ➢Annual sales revenue ➢Number of businesses opened 51 3 ➢Number of businesses expanded/stabilized ➢Number and amount of financing packages ➢Demographic information on entrepreneurs ➢Business city and/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 31st In addition to the foregoing, MCCD will provide additional reports as reasonably requested by the CDA or Local Government Entities. Client confidentiality being a core component of the service model, MCCD will not typically report specific client/business information in its regular reporting, However, where permission from the client, MCCD will produce profiles of successful clients for publication dissemination and media release. 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 County, CDA, or any of the Local Government Entities’ employees shall accrue to MCCD or employees of MCCD performing services under this Agreement. 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 Mouislo shall be the dedicated MCCD Initiative advisor for the County, CDA, and Local Government Entities for the duration of this Agreement. If there are material1 changes to Ms. Mouilso’s position with MCCD during the time of this Agreement, the CDA will be informed by MCCD immediately. 1 Material is defined as any event or events that would prohibit Ms. Mouislo from being the full -time Initiative Advisor for Dakota County. 52 4 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 meeting rooms, wireless internet services, 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 direction, determines that MCCD personnel has 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. 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 he/she is, directly or indirectly, interested or has any personal or pecuniary interest, direct or indirect, in this Agreement. ASSIGNABILITY 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 General Terms. In order to protect itself and to protect the CDA under the indemnity provisions set forth above Contractor shall, at Contractor's expense, procure and maintain a policy of Professional Liability (PL) insurance covering the term of this Contract. Such policy of PL insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such policy of insurance shall contain a clause providing that such policy shall not be cancelled by the issuing insurance company without at least 30 days’ written notice to the CDA of intent to cancel. Certificates. Prior to or concurrent with execution of this Contract, Contractor shall file certificates of such policies of insurance with the CDA. Failure to Provide Proof of Insurance. The CDA may withhold payments or immediately terminate this Contract for failure of Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above. INDEMINFICATION MCCD agrees to defend, indemnify, and hold harmless the County, the CDA, the Local Government Entities, and each of their respective officials, agents, volunteers and 53 5 employees from any liability, claims, causes of action, judgements, 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 if 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 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, portage prepaid, return receipt requested, or delivered personally; and (a) In the case of MCCD is addressed or delivered personally to: Tyler Hilsabeck 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 Drive 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 provided in this 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-DISCRIMATION In connection with its activities under this Agreement, MCCD will not violate any Federal or State laws against discrimination. DEFAULT AND CANCELLATION Failure of the MCCD to perform any of its obligations under this Agreement to the satisfaction of the CDA will constitute in a default hereunder. If a default occurs, MCCD will have 60 days to cure any and all defaults and come into compliance with this Agreement. MCCD will immediately notify the CDA of any default. MCCD and the CDA will develop agreed upon milestones that must be met within the 60-day period to avoid cancellation of this Agreement. 54 6 The primary default would be the loss of Ms. Mouilso as the dedicated MCCD Initiative advisor. If Ms. Mouilso is no longer the dedicated MCCD Initiative advisor, MCCD will be expected to meet the following milestones within the 60-day period – 1.MCCD will inform the CDA within 48 hours of Ms. Mouilso’s employment departure notice. 2.The name and contact information of the interim MCCD Initiative advisor for Dakota County will be shared with CDA and Local Government Entities within three business days of Ms. Mouilso’s departure notice. 3.MCCD will continue to actively work with Dakota County clients on a full-time basis in the event of a default and respond to client communication in a timely manner as defined elsewhere in this Agreement. 4.MCCD will continue to track and input client data to ensure the quarterly report is accurate when generated (see REPORTING section, page 2, for details). 5.MCCD staff, including the interim MCCD Initiative advisor, will meet with CDA staff weekly (at a minimum) to provide updates on clients, Initiative work in Dakota County, etc. Local Government Entities will be invited to these meetings. 6.MCCD will continue to actively market the MCCD Initiative in the same capacity as prior to the default. 7.Hiring a new dedicated MCCD Initiative advisor for Dakota County is not expected within 60 days of the default; however, steps to securing a new, qualified, full-time MCCD Initiative advisor will occur within the 60 days. Steps taken to secure a new advisor will be regularly communicated to CDA. If a default is not remedied in 60 days, and/or the agreed upon milestones are not met within the 60 days, the CDA may cancel this Agreement in its entirety by five additional days’ written notice to MCCD. 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. 55 7 DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY By:_______________________________ Tony Schertler, Executive Director Date: _____________________________ MCCD By: Printed Name: Elena Gaarder Printed Title: Chief Executive Officer Date: 56 8 Exhibit A 2022 & 2023 Local Government Entity Annual Participation Fee Schedule Municipality Local Government Entity Total Fee CDA Share of Fee Local Government Entity Participation Fee Lakeville City of Lakeville $18,900 $9,450 $9,450 Eagan Eagan Economic Development Authority $18,900 $9,450 $9,450 Burnsville Burnsville Economic Development Authority $18,650 $9,325 $9,325 Apple Valley Apple Valley Economic Development Authority $16,200 $8,100 $8,100 Inver Grove Heights Inver Grove Heights Economic Development Authority $13,000 $6,500 $6,500 Rosemount Rosemount Port Authority $10,400 $5,200 $5,200 Farmington Farmington Economic Development Authority $10,300 $5,150 $5,150 Hastings Hastings Economic Development and Redevelopment Authority $10,300 $5,150 $5,150 South St. Paul South St. Paul Economic Development Authority $10,100 $5,050 $5,050 West St. Paul West St. Paul Economic Development Authority $10,100 $5,050 $5,050 Mendota Heights City of Mendota Heights $5,600 $2,800 $2,800 Small Cities and Townships n/a $7,550 $7,550 $0 Total $150,000 $78,775 $71,225 57 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. MCCD will dedicate one full time staff person based in Dakota 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. 58 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 7%. 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. 59 Clients Served YTD Client Inquiry 13 Existing - Challenged 29 Existing -Opportunity 56 Pre-start planning 51 Start-up 35 Total 184 Business Owner Demographics YTD Low-Income Owned 46 BIPOC or Immigrant Owned 68 Woman Owned 95 Financing & Access to Capital YTD Approved (YRLY Total) $ 5,000.00 Equity (YRLY Total) $133,000.00 Facilitated (YRLY Total) $268,600.00 Program Hours TA Program HRS 1st QTR 288.25 318 2nd QTR 266.27 235 3rd QTR 250.25 241 4th QTR 264.00 274 Total 1,068.77 1,068 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 Quarterly Report – 12.31.2021 Open to Business 3137 Chicago Ave Minneapolis, MN 55407 612-789-7337 Industry Segment YTD Construction / Real Estate 11 Food 30 Health/Fitness 13 Manufacturing 7 Consulting 20 Retail 41 Service 42 Technology 5 Wholesale / Distribution 4 Other 11 Total 184 Referral Source YTD Bank Referral 11 Entrepreneur 7 Friends and Family 8 Municipality 87 MCCD Partner 22 Other 14 Web 35 Total 184 City YTD Business Resident Apple Valley 19 15 Burnsville 23 19 Eagan 22 15 Farmington 22 21 Hastings 22 17 Inver Grove Heights 7 8 Lakeville 19 18 Rosemount 11 10 Mendota Heights 5 4 South St. Paul 13 10 West St. Paul 15 9 Other Dakota Co. 4 3 Other/ No Data 7 12 60 Dakota County Quarterly Report 2 Direct Financing & Access to Capital* Loan Closed Q2 - 2021: Business Type: Dessert Vendor with Food Trailer Location: Inver Grove Heights Referred by: Partner Organization OTB Financing: $5,000.00 Owner Equity: $6,000.00 Other Financing: $25,000.00 Overview: This 100% BIPOC-woman-owned dessert business sells sweets at festivals and pop-up events on a seasonal basis. The business owner is growing her business by investing in a fully equipped food trailer. This investment will result in new efficiencies for the business as she has been operating as a food stand and spends valuable time and resources setting up, loading equipment, traveling back and forth to events, and packing up when weather is bad. The new trailer will allow her to focus more time on her customers and give her increased flexibility. The financing secured comes after working closely with Open to Business for approximately 24 months. In that time, the business owner has built her branding, social media presence, budgeting skills, and financial projections in preparation for the loan request with her credit union. The total funding is $36,000. OTB is directly financing the purchase of baking equipment for the build-out of the trailer, as well as working capital for the overall project. Loan Closed Q4 - 2021: Business Type: Ethiopian Restaurant & Event Space Location: Eagan Referred by: Local Bank Owner Equity: $99,000.00 SBA Financing through MCCD Partner, African Development Center: $231.000.00 Loan Packaged & Facilitated by MCCD Overview: With more than 30 years of combined experience in the service and hospitality industries both in the US and abroad, these BIPOC and immigrant entrepreneurs were driven to pursue their dream of opening an Ethiopian restaurant, event space, and catering business in Eagan, Minnesota. The business owners were referred to MCCD’s Open to Business by a banker contact in December 2020. The owners worked closely with MCCD for 8 months to flesh out their ideas, prepare a well-researched business plan, produce startup financial statements and budget projections, along with other documents necessary for underwriting the loan request. When the loan package was ready, the MCCD team brought in a partner with SBA lending capabilities, the African Development Center (ADC), and facilitated the loan request. ADC received approval from the SBA in late October and the loan was closed shortly thereafter in early November. The business owners expect to create 6 jobs when the business opens in 2022. Business Expansion Grants Received Q4 - 2021: Business Type: Beauty Business Location: Burnsville Referred by: Municipality Owner Equity: $28,000.00 MicroGrant: $2,600.00 Comcast Rise Investment Grant: $10,000.00 Grant Applications Facilitated by MCCD 61 Dakota County Quarterly Report 3 Overview: Seeing a need for a local beauty supply store which caters to textured hair, this business owner felt that it was her calling to open her beauty business in Burnsville. Her business ownership journey began when she opened her first Burnsville location in 2019. Due to a combination of factors, she chose to close her brick and mortar space and focus on her online store in hopes of reopening in a new and better suited location as soon as possible. The business owner began working with Open to Business in fall of 2020 with the goal of obtaining funding and reestablishing her physical store. Since that time, she’s worked closely with her OTB business advisor to achieve her goals. In April of 2021 the business re-opened in Burnsville and in Fall of 2021 two grants were received which will give the business owner the capacity to grow her business and purchase supplies, inventory, new technology, and marketing materials. “I just want to say thank you so much for everything you have done for me, and the business! I am extremely grateful for everything!” -- Burnsville Business Owner *Does not capture COVID relief loans/grants/funding facilitated by MCCD staff. Q4 Highlights, Networking, & Outreach Fulbright Scholar at MCCD • MCCD welcomes Eman Alaghbari, Humphrey Fellow and Fulbright Exchange Scholar from Yemen. Eman joins MCCD on a part time basis until March 31, 2022 and will work closely with MCCD leadership and the Open to Business team to learn about community and economic development strategies, tools, and resources. Eman will bring the knowledge she gains in Minnesota back to Yemen to provide new strategies for Yemeni entrepreneurs who are working to rebuild in light of the war that has been ongoing in the country for the past 7 years. Staffing Updates • MCCD is pleased to welcome our newest Business Advisor, Yoni Reinharz, who joins MCCD with a strong background in digital content creation, communications, and marketing. Yoni is a business owner and long-time entrepreneur and has worked with both for-profit and non-profit organizations and social enterprises. Yoni will be advising businesses throughout the OTB service area with a focus on Minneapolis and the City of Northfield. Programming, Partnerships, & Trainings • Oct. 4 – 8: MCCD co-hosted the annual conference of the National Alliance of Community Economic Development Associations (NACEDA) which was held virtually. MCCD organized sessions spotlighting economic development in Minnesota on October 6th including a keynote address by Minnesota’s Lt. Governor Peggy Flanagan and a session on Building a Business Advisor Pipeline. • November 17: MCCD hosted the 2nd virtual Q&A with the University of MN Law School. This free virtual event was open to businesses at any stage. The event was at capacity with 15 businesses in attendance. The Q&A session was recorded and is available for viewing here. Additional Q&As will be held in 2022. • November 18: MCCD and Amplio (formerly Spedco) co-hosted a virtual panel discussion on non-traditional business financing. The event was well attended by more than 60 people including many community bankers, city/county employees, and community development non-profits. Presentations were made by MCCD, Amplio, the African Development Center, the City of Minneapolis, and the City of South Saint Paul. The event was recorded and is available for viewing here. We’re planning a similar event in Spring / Summer 2022, hopefully in person. 62 Dakota County Quarterly Report 4 •January 28: We are pleased to invite our community partners to join a virtual community development focused policy and advocacy training on January 28th from 10:00 AM – 12:00 PM. MCCD's Co-Directors of Public Policy and Field Building, Kadra Abdi and Kari Johnson, will walk through how to navigate local, regional, and state government and guest speaker lawmakers will be present to provide their insights also. Additional information and registration info here. •February: In partnership with the MN Dept. of Labor, MCCD is hosting a live virtual Q&A session in February on labor policies, regulations, and resources for small business owners. The event is open to businesses in any stage. Event date and time to be announced. Registration information is forthcoming soon. Advertising & Outreach •Thank you for sharing out the recent ads about our programs and services. We are currently working on creating an Ad Library with fresh ads on a variety of topics that can be used as you see fit. The library will be shared out soon and will give our partners new flexibility to choose the ad and format that suits their needs. •Meetings, presentations, and events that occurred in Q4 continued to focus on bank outreach to build and strengthen those relationships and increase awareness around MCCD’s lending program. Meetings or outreach occurred specifically with 21st Century Bank, American Investors Bank and Mortgage, Bremer Bank, Choice Bank, Frandsen Bank, Genisys Credit Union, Home Federal Savings Bank, HomeTown Bank, Key Community Bank, Merchants Bank, Minnwest Bank, Prime Security Bank, Spire Credit Union, Sunrise Bank, Think Bank, and Wells Fargo. As a direct result of continued engagement and outreach, my Dakota County loan pipeline currently has 7 potential deals pending! •In addition to banker outreach, I was a panelist at the NECEDA conference’s Building a Business Advisor Pipeline session on October 6th and made presentations for the City of Farmington’s Coffee Connection event on Dec 2nd, the Dakota County CDA on Dec 14th, and the City of Lakeville City Council on Dec 20th. Regular meetings occurred with the Workforce Development Board’s Business Services/Economic Development Committee. Partnership or update meetings occurred with the University of MN Law School, the Dakota County Regional Chamber of Commerce, African Development Center, the City of Eagan, the City of Farmington, the City of Burnsville, and the City of West Saint Paul. •Ongoing concerns around COVID variants has prompted MCCD to continue our virtual meeting policy for the time being. The policy will be reevaluated on a month-to-month basis. My office hours will continue virtually although I am available to meet in person with clients and partners on a case-by-case basis. Selected Program Feedback “We are blessed with having such great partners like MCCD.” – Local Banker, SBA Division Manager “Thank you for offering such detailed feedback on the business plan. It really helped us to reevaluate and add additional details based on your feedback that will make this a stronger business proposal.” – Apple Valley Business Owner “As a small business owner, it’s great to have a place you feel can add value to your business and help with ideas.” –Lakeville Business Owner “Wow. Thanks so much for being so welcoming to us. We can’t wait to work with you guys!!!” –Farmington Business Owner 63 Dakota County Quarterly Report 5 MCCD Client Profile Meet Open to Business client Annie Qaiser, owner of Silk Road Wellness (SRW) and the Dakota-Scott County Workforce Development Board’s Entrepreneur of the Year for 2021. SRW is the first Halal certified natural skincare line made in the United States. All products are handmade by this family-owned business based in Rosemount, Minnesota. SRW products are sold at www.silkroadwellness.com and numerous brick and mortar locations locally. Silk Road Wellness was built out of a desire to bring handmade, natural, high quality wellness products that are Halal certified to Annie’s own family, the Muslim community, and beyond. In the 11 years since the launch of the business, Annie has steadily and tirelessly committed to its growth in the face of challenges and adversity. As a direct result of her tireless efforts, this family business has experienced tremendous growth particularly in the past 1.5 years including 8 new product placements locally. Earlier this year the business applied for and won a course- changing opportunity: a retail space at the Mall of America’s Community Commons. Through these efforts a wider audience was garnered for the products and Annie’s role in the business community grew exponentially. Today, Annie is a small business leader, advocate, and innovator and Silk Road Wellness is paving the way for future entrepreneurs. Annie receives the Entrepreneur of the Year Award presented by Natalie, Dec. 2021. Watch the award presentation here. “We consider ourselves fortunate and blessed to be surrounded by amazing resources like MCCD and supportive people like you!” –Annie Qaiser, Silk Road Wellness 64 Request for City Council Action DATE: January 18, 2022 TO: Mayor Levine and City Council; City Administrator Jacobson FROM: Tim Benetti, Community Development Director SUBJECT: Renewal of Contractor Agreement for Building Official Services – Year 2022 INTRODUCTION The Council is asked to renew an agreement with A to Z Home Inspection, LLC (Michael Andrejka) for Building Official and inspections services for year 2022. BACKGROUND The City of Mendota Heights is required to have a designated Building Official. For the past 8 years, the City has contracted with Mike Andrejka, who serves as the city’s designated Building Official. Mr. Andrejka is an experienced and certified building inspector and has vast experience in Dakota County in monitoring and inspecting construction. Mike has worked as a contracted inspector with other companies, and has served as a building inspector for Apple Valley, Inver Grove Heights, Saint Louis Park, Minneapolis and Bloomington. In addition, Mr. Andrejka has been a home renovation contractor. Mr. Andrejka provides approximately 25-30 hours per week of services for Mendota Heights residents and businesses at a rate of $75 per hour approved under the previous 2021 contract year. Compensation does not include mileage, holiday, vacation, or sick-leave. Mr. Andrejka also provides his own liability insurance with $2,000,000 general aggregate coverage, and has provided the certificate of insurance to the city. Staff is pleased with his professionalism, knowledge, level of work and service to the community. BUDGET IMPACT This 2022 contract provides a new hourly rate of $77.25, which reflects 3% cost of living increase, similar to what full-time city staff have received for 2022. This fee is at or near the average rate of other [competing] inspection companies. Mr. Andrejka’ s compensation is funded by building permit fees the city charges for the processing and review on new construction or remodeling work projects, plumbing and mechanical (HVAC) permits, and other miscellaneous permits. The updated contract document is attached and has been reviewed by the city’s insurance risk advisors, appropriate city staff, and city attorney for content; and was determined to be acceptable. RECOMMENDATION Staff recommends Council approve the attached contract with A to Z Home Inspection, LLC for year 2022. If Council concurs with the terms and compensation rate of this contract, please make a motion approving the attached contract. This action requires a simple majority vote. 65 6d. A-Z Building Official Contract-2022 INDEPENDENT CONTRACTOR AGREEMENT Building Official Services Contract between A to Z Home Inspection (Michael Andrejka – Building Official Contractor) and the City of Mendota Heights - 2022 This Independent Contractor Agreement – Building Official Services Contract (the “Agreement”) is made and entered into as of this ____ day of ___________________, 2022 by and between Michael Andrejka of A to Z Home Inspection, LLC hereafter referred to as “Contractor”, and the City of Mendota Heights, a Minnesota municipal corporation and political subdivision, hereafter referred to as “City”. This Agreement shall be deemed in effect immediately upon adoption by the Mendota Heights City Council. WHEREAS, the City regulates the construction, reconstruction, repair, remodel, alteration, and demolition of structures as defined by the Minnesota State Building Code, hereafter referred to as the “Code”; and WHEREAS, under Title 9, Chapter 1, Section 3, Paragraph B of the City Code of the City of Mendota Heights (the “City Ordinance”), the “code enforcement officer” appointed by the City Council, specifically known as the “Building Official” shall have the responsibility for enforcing and administering the Code; and WHEREAS, the City requires the Building Official to administer and enforce the Code within the incorporated limits of the City and within the exterritorial limits as permitted by Minnesota Statutes §326B.121; and WHEREAS, Contractor and/or their agents is certified and qualified to administer and enforce the provisions and regulations set forth by the Code; and WHEREAS, the City desires to utilize Contractor’s services as an independent contractor in accordance with the terms of this Agreement; and WHEREAS, Contractor desires to provide these services to the City as an independent contractor and the City desires to utilize Contractor’s services for the purposes described in this Agreement. THEREFORE, for mutual consideration the parties hereby agree as follows: 1.During the term of this Agreement, as the City Council appointed “designated Building Official” for the City, Contractor agrees to administer and enforce the provisions of the Code and other related duties as directed by the City Council or City staff. All parties understand that as the “designated Building Official”, Contractor is obligated to perform their duties and responsibilities to the best of their abilities under the laws of the Code. If an unresolvable conflict arises between the request of the City Council or City staff and the legal duties required by the Code, the Code shall dictate the actions of the Building Official. Administration and enforcement of the Code shall include the following duties: a.Facilitate the issuance of Building, Plumbing, Mechanical, and other designated Permits for the City; b.perform plan review of construction documents and plans to ensure compliance with the Code; 66 A-Z Building Official Contract-2022 c.Perform required inspections and review specialized inspection reports as required by the Code or as deemed necessary by the Building Official; d.Perform investigations, inspections, and prepare reports and letters sent on behalf of the City Building Inspection Department; e.Attend meetings and submit reports as deemed necessary and pertinent by the City Council. This would include, at a minimum, a monthly Building Activity Report that summarizes the month's building permit activity. Permits and reviews for the following are excluded from this Agreement and are the responsibility of others: Minnesota Fire Code; Fire Suppression Systems; Minnesota Electrical Code; Minnesota Elevator Code; Minnesota Pollution Control Agency (MPCA) permits; and Subsurface Sewage Treatment System (SSTS) regulations. 2.The City agrees to provide Contractor with access to pertinent information, records, systems and data, as deemed necessary to perform all duties of this Agreement. 3.Contractor shall provide all tools, transportation, and communication devices deemed necessary to perform the duties of this Agreement. 4.The City will provide Contractor with a work station, city phone (land-line) with voice mail account, and a desktop computer with e-mail account. Additionally, Contractor will be provided access to office equipment (copier, scanner, fax, etc.) and supplies for use in performance of City Building Official duties, along with City business cards and a City photo identification card. 5.Contractor shall perform the duties of this Agreement at such locations and at such times as they deem appropriate to diligently, reasonably, and in good faith execute the terms of this Agreement. It is estimated that the work required to fulfill the terms of the Agreement will be approximately 30 hours per week on average. 6.Contractor shall provide the City with access to any books, documents, papers, and records which are directly related to the duties of this Agreement, for the purpose of performing an audit, examination or review of such documents. This obligation to provide the City access to such books, documents, papers, and records shall begin as of the date of this Agreement and shall extend up to three years after the termination of this Agreement, or as otherwise required by applicable record retention statutes and regulations in effect at the time of the termination. 7.All plans, diagrams, reports, and documents created in connection with the performance of this Agreement shall become the property of the City. Such use and retention by the City shall not relieve any liability on the part of Contractor. 8.Contractor shall comply with Minnesota Statutes, Chapter 13, The Minnesota Government Data Practices Act (the “Act”), and all information supplied by Contractor to City is subject to the Act. Contractor acknowledges and agrees that the City shall be entitled to disclose data related to this Agreement as required by the Act and other applicable law. Such information shall become public data unless it falls into one of the exceptions of the Act. Contractor shall notify the City of any data that they believe should be classified as non-public data pursuant to the Act. 67 A-Z Building Official Contract-2022 9. The laws of the State of Minnesota shall control this Agreement. Venue for all legal proceedings arising out of this Agreement or its breach shall be in Dakota County, Minnesota. 10. This Agreement, in conjunction with City Ordinance Title 9, contains the entire understanding of the parties with respect to the matters contained herein, and supersedes all other written and oral agreements between the parties with respect to such matters. 11. This Agreement is binding only when signed by both parties. Any modifications or amendments must be in writing and signed by both parties, and in the case of the City, approved by action of the City Council. 12. If any provision or provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 13. If a contract dispute regarding the terms of this Agreement arises, the prevailing party shall be entitled to collect its attorney’s fees and related costs. 14. This Agreement may be executed in counterparts, any one of which shall be deemed to be an original, but such counterparts when taken together, shall constitute but one agreement. 15. Contractor represents and warrants that no member, official officer, nor employee of the City has or shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 16. This Agreement does not create a partnership relationship between Contractor and the City. Contractor does not have the authority to enter into contracts on the City’s behalf. 17. Nothing contained in this Agreement shall be deemed to create an employer-employee relationship between the City and Contractor. At all times, Contractor shall act as an independent contractor and shall exercise independent supervision and control over the means and manner by which Contractor performs the services and duties under this Agreement. Contractor shall be responsible for the performance and completion of the services under this Agreement and shall be solely responsible for the setting of work hours and schedules necessary to complete the services set forth herein. The City does not provide training or instruction for Contractor, or financially reimburse Contractor for the same, without express written consent and approval by City Council. The services under this Agreement shall be performed at the locations selected by Contractor; however, the City will provide a work station location at which the services under this Agreement can be administered and performed. Consistent with the relationship between the parties to this Agreement, the City will not be obligated to carry or provide for Contractor workers’ compensation, unemployment insurance, health insurance, or any other benefits or prerequisites that the City accords to any of its employees; nor will the City withhold state or federal taxes on the fees paid to Contractor. Contractor agrees to supply its tax identification number or employer identification number from the Internal Revenue Service and, if applicable, Contractor’s state taxpayer identification number, and to comply with all tax laws applicable to the operation of a business such as Contractor’s, including but not limited to reporting of all gross receipts therefrom as income from the operation of the business, the payment of all taxes, compliance with all employment tax requirements from withholding on any employees hired by Contractor, 68 A-Z Building Official Contract-2022 and compliance with state employment workers’ compensation laws. Contractor acknowledges that payments by the City to Contractor will be subject to information reporting requirements (and backup withholding requirements, if and as applicable), as the same are imposed by applicable law. As an independent contractor, Contractor shall not receive any pension or fringe benefits, including but not limited to Public Employee’s Retirement Association (PERA) contributions, vacation, or sick/personal leave, disability, health, medical, or dental insurance, holiday pay or other benefits. The City does not provide equipment, supplies, tools, or materials necessary to perform the services under this Agreement except for those explicitly stated herein. The City shall provide to Contractor an IRS Form 1099 with respect to consideration paid to Contractor for services under this Agreement. Contractor is responsible to pay all state and federal taxes on the amounts they receive from the City. 18.Contractor shall provide evidence to the City of workers compensation or self-insurance evidence of $2,000,000 per occurrence in professional liability, $2,000,000 per occurrence in general liability, and personal automobile insurance. The City should be named as an additional insured on the general liability and automobile policies. 19.Contractor shall not enter into subcontracts for any of the services to be provided under this Agreement without prior knowledge and approval of the City. 20.The City places a priority on customer service; as such, Contractor agrees to respond to e-mail and voice mails as promptly as possible. In addition, plan reviews are to be completed in an expedient manner. As a rule-of-thumb, plan reviews (if subject application is deemed complete) should be completed and returned to the applicant within two (2) weeks of receipt for residential plans and within three (3) weeks of receipt for commercial plans. 21.Contractor and the City agree to abide to the obligations and conditions stipulated by Minnesota Rules, Section 1300.0110, Subp. 9, LIABILITY, and Minnesota Statutes, Sections 326B.121 and 326B.133, as well as all obligations and conditions that directly relate to the “Building Official” within the Code. 22.For the services provided by Contractor under this Agreement, the City agrees to make payments as set forth below: a.As payment for Building Official services provided under this Agreement, Contractor shall receive from the City the hourly compensation of: $77.25. b.All work shall be billed on a bi-weekly basis and shall be due and payable from the City within thirty (30) days of receipt of such bill. c.Invoicing of this compensation shall be divided by Contractor and shown on the invoice divided into the following categories: •Building Permit Inspection •Plan Review •Meetings/Reports Monthly reports to the City Council, whether oral or written, and attendance at City Council meetings shall be considered on a case-by-case basis and may be billable to the City or directly to the permit applicant as determined by City staff. 23.Neither party shall assign this Agreement or any interest arising herein without consent of the other party. 69 A-Z Building Official Contract-2022 24.The provisions of this Agreement shall become effective retroactive to January 1, 2021. This Agreement may be terminated by either party with or without cause upon thirty (30) days written notice. Such termination shall not affect the rights and obligations of the parties accrued prior to the termination date. Sections 6 and 18 shall survive the termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written into this contract document. A TO Z HOME INSPECTIONS, LLC Michael Andrejka Date CITY OF MENDOTA HEIGHTS, MINNESOTA Stephanie Levine, Mayor Date ATTEST: Lorri Smith, City Clerk Date: 70 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Mendota Heights MN 55118 1101 Victoria Curve City of Mendota Heights Residential & Commercial Inspections General Liability Excludes Professional Liability Exposure(s) 1,000,000 2,000,000 1,000,000 10,000 1,000,000 12/10/202212/10/202141SBARZ4843 8 8 8 A 11000SENTINEL INS CO LTD 55417MNMinneapolis 4835 37th Ave S A to Z Home Inspection, LLC Bob@rcs-insurance.com (952) 927-8481 Robert Somers 55345MNMinnetonka Ste 228 5100 Thimsen Ave RCS Insurance 1/5/2022 71 72 REQUEST FOR COUNCIL ACTION DATE: January 18, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2022-07 Approve Joint Powers Agreement with Dakota County for the Pedestrian and Bicycle Plan INTRODUCTION The Council is asked to approve a Joint Powers Agreement (JPA) with Dakota County for the acceptance of a Statewide Health Improvement Program (SHIP) grant for development of a city- wide pedestrian and bicycle plan. BACKGROUND Dakota County has received a grant of monies from the State of Minnesota through the Minnesota Department of Health for implementing the Statewide Health Improvement program. Dakota County offers cities to apply for grants for local implementation. Mendota Heights applied for and received a grant to develop a city wide pedestrian and bicycle plan. DISCUSSION Mendota Heights applied for and received the maximum grant amount of $30,000. The city is required to provide a match of $5,000. Staff has issued a request for proposals for development of the plan. The scope of work for the project includes: •Complete a comprehensive pedestrian and bicycle master plan for the City of Mendota Heights •Evaluate benefits and impacts to SHIP priority populations (people 60 or older, children, and people with low incomes or others experiencing a health disparity) The city is required to engage key stakeholders including residents, representatives of SHIP priority populations, and Dakota County. Goals for the plan shall include: •Plan for development of an interconnected pedestrian and bicycle system city-wide •Integrate County Greenways and trails along County Highways into the system •Include the 6E’s Evaluation, Education, Engineering, Encouragement,, Enforcement, Equity in the plan 73 6e. BUDGET IMPACT The pedestrian and bicycle plan is anticipated to identify a number of trail gaps, proposed improvements, and cost to implement the recommendations. These improvements will be placed on the city Capital Improvement Plan and implemented as feasible. The local match of $5,000 is proposed to be funded through the Infrastructure Fund. RECOMMENDATION Staff recommends that Council approve the Joint Powers Agreement with Dakota County for acceptance of the SHIP grant for developing a city wide pedestrian and bicycle plan. ACTION REQUIRED Staff recommends that the Cit y Council pass a motion adopting Resolution 2022-07 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF MENDOTA HEIGHTS FOR ACCEPTANCE OF GRANT FOR A PEDESTRIAN AND BICYLCE PLAN. This action requires a simple majority vote. 74 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-07 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF MENDOTA HEIGHTS FOR ACCEPTANCE OF GRANT FOR A PEDESTRIAN AND BICYCLE PLAN WHEREAS, Minn. Stat. 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the City of Mendota Heights (“City”) is a governmental unit and political subdivision of the State of Minnesota; and WHEREAS, Dakota County (“County”) is a governmental unit and political subdivision of the State of Minnesota; and; WHEREAS, the County has received a grant of monies from the State of Minnesota acting through the Minnesota Department of Health Grant Project Agreement No. 183510, attached hereto as set forth in Exhibit A for implementation of the County’s Statewide Health Improvement Program (“SHIP”); and WHEREAS, the County and the City are desirous of entering into this Agreement so that the County and the City may share the cost to conduct a Pedestrian and Bicycle Plan (“Project”). NOW, THEREFORE, in consideration of the mutual promises and benefits that the City and the County shall derive from this Agreement, the City and County hereby enter into this Agreement for the purposes stated herein: 1. The County agrees to reimburse the City in an amount not to exceed $30,000 for costs incurred to conduct a Pedestrian and Bicycle Plan during the period from the Effective Date through October 31, 2022. NOW THEREFORE, IT IS HEREBY RESOLVED, by the Mendota Heights City Council that in consideration of the mutual benefits the County and the City shall derive from this Joint Powers Agreement (“Agreement”), the Parties hereby enter into this Agreement for the purpose of cooperation and funding by the County to the City for reimbursement of costs for the Project and to define the responsibilities and obligations of the County and the City for cost contribution. All funds provided by the County are to be used by the City solely for this purpose. The City shall use funds pursuant to this Agreement exclusively for the payment of actual costs as provided in this Agreement. Adopted by the City Council of the City of Mendota Heights this eighteenth day of January, 2022. 75 Res 2021-07 page 2 CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie Levine, Mayor ATTEST _________________________ Lorri Smith, City Clerk 76 Dakota County Contract #C0034872 Dakota County Contract #C0034872 P a g e | 1 of 8 SHIP JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF MENDOTA HEIGHTS This Joint Powers Agreement (“Agreement”) is entered into by and between the County of Dakota, a political subdivision of the State of Minnesota, by and through its Physical Development Division, 1590 Highway 55, Hastings, Minnesota 55033 (“County”), and the City of Mendota Heights (“City”), by and through their respective governing bodies. RECITALS WHEREAS, Minn. Stat. § 471.59 authorizes local government units to jointly and cooperatively exercise any power common to the contracting parties; and WHEREAS, City is a governmental unit and political subdivision of the State of Minnesota; and WHEREAS, County is a governmental unit and political subdivision of the State of Minnesota; and; WHEREAS, the County has received a grant of monies from the State of Minnesota acting through the Minnesota Department of Health Grant Project Agreement No. 183510, attached hereto as set forth in Exhibit A for implementation of the County’s Statewide Health Improvement Program (“SHIP”); and WHEREAS, the County and the City are desirous of entering into this Agreement so that the County and the City may share the cost to conduct a Pedestrian and Bicycle Plan (“Project”). NOW, THEREFORE, in consideration of the mutual promises and benefits that the City and the County shall derive from this Agreement, the City and County hereby enter into this Agreement for the purposes stated herein. 1.Effective Date and Term. This Agreement shall be effective as of the dates of signature by the parties. This Agreement shall remain in effect until October 31, 2022 or until completion by the parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. 2.Grant of Monies. The County agrees to reimburse the City in an amount not to exceed $30,000 for costs incurred to conduct a Pedestrian and Bicycle Plan during the period from the Effective Date through October 31, 2022. 3.Purpose. The purpose of this Agreement is to provide cooperation and funding by the County to the City so that the City can conduct a Pedestrian and Bicycle Plan. All funds provided by the County are to be used by the City solely for this purpose. Funds obtained by the City pursuant to this Agreement shall only be used for the payment of actual professional services provided by the chosen consultant. 77 6e3. Dakota County Contract #C0034872 Dakota County Contract #C0034872 P a g e | 2 of 8 SHIP 4.Obligations of the City. Conduct a Study for a Pedestrian and Bicycle Plan. The City will lead the study, utilizing a contract with a consultant and shall be responsible for awarding contracts for the Pedestrian and Bicycle Plan. The study shall be conducted as more fully described in Exhibit B, Contract Deliverables for a Pedestrian and Bicycle Plan Funded by the Statewide Health Improvement Program (SHIP) and Exhibit C, Statewide Health Improvement Program (SHIP) Application for Local Funding, attached hereto and incorporated by reference herein. 5.Reimbursement. After this Agreement has been executed by both parties, the City may claim reimbursement for expenditures incurred in connection with the performance of activities that are eligible for reimbursement in accordance with the Agreement. The County will reimburse the City within 45 calendar days of the City’s submission of invoices to the County. Invoices must be submitted in the form acceptable to the County. All requests for reimbursement must be submitted by September 15, 2022. The City must certify that the requested reimbursements are accurate, appropriate and eligible in accordance with Master Grant Contract No. 12-700-0068 attached hereto as set forth in Exhibit D, that it has documentation of the actual expenditures for which reimbursement is sought, and that such expenditures have not been otherwise reimbursed. 6.Miscellaneous. A.Authorized Representatives. The following named persons are designated as the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the Authorized Representatives shall have only authority specifically granted by their respective governing boards. Notice required to be provided pursuant this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification to this Agreement. The County's Authorized Representative is: Steven C. Mielke, Director Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 Telephone: (952) 891-7007 Email: Steven.Mielke@co.dakota.mn.us Steven Mielke, or his successor, has the responsibility to monitor the City’s performance pursuant to this Agreement and the authority to approve invoices submitted for reimbursement. 78 Dakota County Contract #C0034872 Dakota County Contract #C0034872 P a g e | 3 of 8 SHIP The City’s Authorized Representative is: Stephanie Levine Mayor City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Telephone: 651.255.1152 Email: slevine@mendotaheightsmn.gov In addition, notification to the City or to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. The parties shall provide written notification to each other of any change to the Authorized Representative. Such written notification shall be effective to change the designated liaison under this Agreement, without necessitating an amendment of this Agreement. B. Assignment, Amendments, Waiver and Complete Agreement. i. Assignment. The City may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the County and a fully executed assignment agreement, executed by the County and the City. ii. Use of Contractors. The City may engage contractors to perform activities funded pursuant to this Agreement. However, the City retains primary responsibility to the County for performance of the activities and the use of such contractors does not relieve the City from any of its obligations under this Agreement. If the City engages any contractors to perform any part of the activities, the City agrees that the contract for such services shall include the following provisions: (a) The contractor must maintain all records and provide all reporting as required by this Agreement. (b) The contractor must defend, indemnify, and save harmless the County from all claims, suits, demands, damages, judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused in whole or in part by any negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable. 79 Dakota County Contract #C0034872 Dakota County Contract #C0034872 P a g e | 4 of 8 SHIP (c)The contractor must provide and maintain insurance through the term of this Agreement in amounts and types of coverage as set forth in the Insurance Terms, which is attached an Incorporated as Exhibit E, and provide to the County, prior to commencement of the contracted work, a certificate of insurance evidencing such insurance coverage. (d)The contractor must be an independent contractor for the purposes of completing the contracted work. (e)The contractor must acknowledge that the contract between the City and the contractor does not create any contractual relationship between County and the contractor. (f)The contractor shall perform and complete the activities in full compliance with this Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the activities. iii.Amendments. Any amendment to this Agreement must be in writing and executed by the County and the City. iv.Waiver. If the County fails to enforce any provision of this Agreement, that failure shall not result in a waiver of the right to enforce the same or another provision of this Agreement. v.Agreement Complete. This Agreement and exhibits contain all negotiations and agreements between the County and the City. No other understanding regarding this Agreement, whether written or oral may be used to bind either party. C.Indemnification. Each party to this Agreement shall be liable for the acts or omissions of its officers, directors, employees or agents and the results thereof to the fullest extent authorized by law and shall not be responsible for the acts of the other party, its officers, directors, employees or agents. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the parties’ acts or omissions. In the event of any claims or actions asserted or filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. In order to insure a unified defense against any third-party liability claims arising from work of the Project, City agrees to require all contractors or subcontractors hired to do any work on the feasibility and alignment study to maintain commercial general liability insurance in the amounts consistent with the minimum limits of coverage established by Minn. Stat. § 466.04 during the terms of the Project. Each Party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance company or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. 80 Dakota County Contract #C0034872 Dakota County Contract #C0034872 P a g e | 5 of 8 SHIP D.Audit. The City shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the work performed pursuant to this Agreement. Upon request the City shall allow the County, Legislative Auditor or the State Auditor to inspect, audit, copy or abstract all of the books, records, papers or other documents relevant to this Agreement. The City shall use generally accepted accounting principles in the maintenance of such books and records, and shall retain all of such books, records, documents and other evidence for a period of six (6) years from the date of the completion of the activities funded by this Agreement. E.Data Practices. The City agrees with respect to any data that it possesses regarding the Agreement to comply with all of the provisions of the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as the same may be amended from time to time. F.Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the County and the City, nor shall the County be considered or deemed to be an agent, representative or employee of the City in the performance of this Agreement. Personnel of the City or other persons while engaging in the performance of this Agreement shall not be considered employees of the County and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. G.Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice- of-law provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be with the appropriate state court with competent jurisdiction in Dakota County. H.Nondiscrimination. The City agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular, the City agrees not to discriminate against any employee, applicant for employment, or participant in this Agreement because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect to all aspects of employment, including selection for training, rates of pay, and other forms of compensation. I.Compliance with Law. The City agrees to conduct its work under this Agreement in compliance with all applicable provisions of federal, state, and local laws, ordinances, or regulations. The City is responsible for obtaining and complying with all federal, state, or local permits, licenses, and authorizations necessary for performing the work. J.Default and Remedies. i.Events of Default. The following shall, unless waived in writing by the County, constitute an event of default under this Agreement: If the City fails to fully comply with any material provision, term, or condition contained in this Agreement. 81 Dakota County Contract #C0034872 Dakota County Contract #C0034872 P a g e | 6 of 8 SHIP ii. Notice of Event of Default and Opportunity to Cure. Upon the County's giving the City written notice of an event of default, the City shall have thirty (30) calendar days in which to cure such event of default, or such longer period of time as may be reasonably necessary so long as the City is using its best efforts to cure and is making reasonable progress in curing such events of default (the “Cure Period”). In no event shall the Cure Period for any event of default exceed two (2) months. Within ten (10) calendar days after receipt of notice of an event of default, the City shall propose in writing the actions that the City proposes to take and the schedule required to cure the event of default. iii. Remedies. Upon the City’s failure to cure an event of default within the Cure Period, the County may enforce any or all of the following remedies, as applicable: (a) The County may refrain from disbursing the grant monies; provided, however, the County may make such a disbursement after the occurrence of an event of default without thereby waiving its rights and remedies hereunder. (b) The County may enforce any additional remedies it may have in law or equity. (c) The County may terminate this Agreement and its obligation to provide funds under this Agreement for cause by providing thirty (30) days’ written notice to the City. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall be a material breach of this Agreement and any supplemental agreement or modification to this Agreement or an event of default. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the other Party. For purposes of termination and default, all days are calendar days. L. Non-Appropriation. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated immediately by the County in the event sufficient funds from the County, State, or Federal sources are not appropriated, obtained and continued at least the level relied on for the funding of this Agreement, and the non- appropriation of funds did not result from any act or bad faith on the part of the County. 82 Dakota County Contract #C0034872 Dakota County Contract #C0034872 P a g e | 7 of 8 SHIP M.Ownership of Materials and Intellectual Property Rights. i.The County agrees to, and hereby does, assign all rights, title and interest it may have in the materials conceived or created by the City, or its employees or subgrantees, and which arise out of the performance of this Agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer-based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form (“Materials”). ii.The City represents and warrants that Materials produced or used under this Agreement do not and will not infringe upon any intellectual property rights of another. City shall indemnify and defend the County, at its expense, from any action or claim brought against the County to the extent that it is based on a claim that all or parts of the Materials infringe upon the intellectual property rights of another. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the Authority would otherwise possess. 7.Special Condition. The City understands and agrees that it will perform the work contemplated by this Agreement in such a way as to comply with and enable the County to comply with all of the requirements imposed upon the County by Grant Agreement No. 183510, attached hereto as Exhibit A and incorporated herein, including but not limited to the following: A.Any publicity given to the activities occurring as a result of this Agreement, including notices, informational pamphlets, press releases, research, reports, signs and similar public notices shall identify the State of Minnesota through the Minnesota State Department of Health (“Department”) as a sponsoring agency and shall not be released unless approved in writing by the Department’s authorized representative. B.The City shall indemnify, save and hold the Department, its representatives and employees harmless from any and all claims or causes of action, including reasonable attorney fees incurred by the Department, arising from the performance of the activities funded by this Agreement by the City or its agents or employees. C.The City, by executing this Agreement, grants to the Department a perpetual, irrevocable, no-fee right and license to make, have made, reproduce, modify, distribute, perform and otherwise use the Materials for any and all purposes, in all forms and manners that the Department, in its sole discretion, deems appropriate. 83 Dakota County Contract #C0034872 Dakota County Contract #C0034872 P a g e | 8 of 8 SHIP IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to form: COUNTY OF DAKOTA By: Assistant County Attorney/Date Steven C. Mielke Title: Director, Physical Development Division Date: Dakota County BR 21-587 CITY OF MENDOTA HEIGHTS By: Stephanie Levine Title: Mayor Date: AND By: Lorri Smith Title: Clerk Date: 84 DocuSign Envelope ID: EED95507-9C8B-442B-8402- CHB Grant Project Agreement Template STATE FUNDS Version 1.8, 12/27/19 Grant Project Agreement Number 183510 Between the Minnesota Department of Health and Dakota County Community Health Board Minnesota Department of Health Grant AwardCoverSheet You have received a grant award from the Minnesota Department of Health (MDH). Information about the grant award, including funding details, are included below. Contact your MDH Grant Manager if you have questions about this cover sheet. ATTACHMENT: Grant Project Agreement CONTACT FOR MDH: Meredith Ahlgren, 651-201-5446, meredith.ahlgren@state.mn.us Page 1 of 6 Grantee SWIFT Information Grant Agreement Information Funding Information Name of MDH Grantee: Dakota County Community Health Board Grant Agreement/Project Agreement Number: 183510 Total Grant Funds (all funding sources): $782,859.00 Grantee SWIFT Vendor Number: 0000197289 SWIFT Vendor Location Code: 001 Period of Performance Start Date: November 1, 2020 Period of Performance End Date: October 31, 2025 Total State Grant Funds: $782,859.00 Total Federal Grant Funds: N/A Dakota County Contract C0034872 Exhibit A - Page 1 of 1185 DocuSign Envelope ID: EED95507-9C8B-442B-8402- CHB Grant Project Agreement Template STATE FUNDS Version 1.8, 12/27/19 Grant Project Agreement Number 183510 Between the Minnesota Department of Health and Dakota County Community Health Board Minnesota Department of Health Community Health Board Grant Project Agreement This Grant Project Agreement, and amendments and supplements, is between the State of Minnesota, acting through its Commissioner of Health ( “State”) and the Dakota County Community Health Board, an independent organization, not an employee of the State of Minnesota, 1 Mendota Rd. W., Suite 410, West St. Paul, MN 55118, (“Grantee”). 1. Under Minnesota Statutes 144.0742, the State is empowered to enter into a contractual agreement for the provision of statutorily prescribed public health services; The State and the Grantee have entered into Master Grant Contract number 12-700-00068 (“Master Grant Contract”) effective January 1, 2015 or subsequent Master Grant Contracts and amendments and supplements thereto; The State, pursuant to Minnesota Statutes 145.986, is empowered to award Statewide health Improvement Partnership (hereinafter “SHIP”) grants to convene, coordinate, and implement evidence-based strategies targeted at reducing the percentage of Minnesotans who are obese or overweight and at reducing the use of tobacco; and The Grantee represents that it is duly qualified and willing to perform the duties described in this grant project agreement to the satisfaction of the State. Pursuant to Minnesota Statutes Section 16B.98, subdivision 1, the Grantee agrees to minimize administrative costs as a condition of this grant. 2. 3. 4. NOW, THEREFORE, it is agreed: 1 Incorporation of Master Grant Contract. All terms and conditions of the Master Grant Contract are hereby incorporated by reference into this grant project agreement. 2 Term of Agreement. 2.1 Effective date. This grant project agreement shall be effective on November 1, 2020, or the date the State obtains all required signatures under Minnesota Statutes 16B.98. Subd. 5(a), whichever is later. The Grantee must not begin work until this contract is fully executed and the State’s Authorized Representative has notified the Grantee that work may commence. 2.2 Expiration date. October 31, 2025, or until all obligations have been fulfilled to the satisfaction of the State, whichever occurs first, except for the requirements specified in this grant project agreement with completion dates which extend beyond the termination date specified in thissentence. 3 Grantee’s Duties and Responsibilities. Grantee shall comply with the following grant requirements: General. Grantee must: 1. Work with State to finalize Grantee's yearly work plan and budget. The annual budget and work plan must be approved in writing by State by November 1, 2020. If the work plan is not approved by November 1, 2020, Grantee cannot perform work under this agreement. 2. Perform the activities approved in the work plan. 3. Grantee will contact State if Grantee is no longer able to fulfill a work plan activity and Grantee must request approval before pursuing any additional activities not described in the original work plan. If Grantee fails to complete grant deliverables in a satisfactory manner, State has the authority to withhold further funds. Page 2 of 6 Dakota County Contract C0034872 Exhibit A - Page 2 of 1186 DocuSign Envelope ID: EED95507-9C8B-442B-8402- CHB Grant Project Agreement Template STATE FUNDS Version 1.8, 12/27/19 Grant Project Agreement Number 183510 Between the Minnesota Department of Health and Dakota County Community Health Board 4. Designate or hire a full-time SHIP project coordinator or equivalent. The Grantee’s budget must include a minimum of one FTE to coordinate the activities of the grant. Designate a SHIP staff person to facilitate evaluation tasks and communicate with State evaluation staff and contractors. Designate, hire, or contract project, fiscal, and administrative staff with the appropriate trainingand experience to implement all SHIP activities and to fulfill payroll, accounting, and administrative functions. Participate in site visits and grant reconciliation processes with State. Participate in regularly scheduled calls and meetings with community specialists Participate in State-sponsored technical assistance calls, webinars andtrainings. Attend State-sponsored conferences, meetings and in-person trainings. 5. 6. 7. 8. 9. 10. 11.Comply with State product approval outlined in the SHIP Communications Guide. 12.Allow State and others to use any products or materials produced with SHIP funds. Reporting 1.Participate in all required evaluation activities as outlined in the SHIP Application. 2.Completed progress and evaluation reports will be due quarterly. The schedule for quarterly reporting is provided below. The State will provide guidance regarding the required content of the reports. Quarterly Reporting Period November 1 – January 31 February 1 – April 30 May 1 – July 31 August 1 – October 31 Report Submission Due Date February 29 May 3 August 30 November 30 Financial 1. 2. Adhere to the request and approval process set forth by the State in the SHIP Financial Guide. Obtain prior approval from the State for all subcontracts or mini-grants $3,000 or more, significant changes in grant activities, changes of more than 10 percent to any budget line item, surveys and out-of-state travel. Act in a fiscally-responsible manner, including following standard accounting procedures, charging the SHIP grant only for the activities stated in the grant agreement, spending grant funds responsibly, properly accounting for how grant funds are spent, maintaining financial records to support expenditures billed to the grant, and meeting audit requirements. Ensure that a local match equaling at least ten percent of the total funding award is provided and documented. Ensure that administrative costs are explained and justifiable. The State will accept up to the Grantee’s current federally approved rate. If Grantee does not have a federally approved indirect cost rate, the State will accept an indirect rate of up to 10 percent of the total grant award. Report to the State other funding sources, including grants from other sources, that are directed toward tobacco, obesity, and well-being, and have accounting systems in place to track SHIP-funded activities separately from activities funded through other sources. Comply with the Minnesota Government Data Practices Act as it applies to all data created, gathered, generated, or acquired under the grant agreement. Ensure SHIP funding does not supplant work funded through other sources. Use SHIP funds to develop new activities, expand or modify current activities that work to reduce tobacco use and exposure, prevent obesity, or increase well-being, and/or replace discontinued funds from the State, the federal government, or another third party previously used to reduce tobacco use and exposure, prevent obesity, or increase well-being. The Grantee may not use SHIP funds to replace federal, 3. 4. 5. 6. 7. 8. Page 3 of 6 Dakota County Contract C0034872 Exhibit A - Page 3 of 1187 DocuSign Envelope ID: EED95507-9C8B-442B-8402- CHB Grant Project Agreement Template STATE FUNDS Version 1.8, 12/27/19 Grant Project Agreement Number 183510 Between the Minnesota Department of Health and Dakota County Community Health Board state, local, or tribal funding Grantee currently uses to reduce tobacco use and exposure, prevent obesity, or increase well-being. Lobbying Ensure funds are not used for lobbying, which is defined as attempting to influence legislators or other public officials on behalf of or against proposed legislation. Providing education about the importance of policies as a public health strategy is allowed with SHIP funds. Education includes providing facts, assessment data, reports, program descriptions, and information about budget issues and population impacts, but stopping short of making a recommendation on a specific piece of legislation. Education may be provided to legislators, public policy makers, other decision makers, specific stakeholders, and the general community. Lobbying restrictions do not apply to internal or non-public policies. 4 Consideration and Payment. 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant project agreement as follows: (a) Compensation. The Grantee will be paid monthly, on a reimbursement basis for services performed and acceptance of such services by the State’s Authorized Representative, except the State reserves the right not to honor invoices that are submitted more than 30 days after the submission datespecified. Budget periods for the five years are as follows: Year 1: November 1, 2020 – October 31,2021 Year 2: November 1, 2021 – October 31,2022 Year 3: November 1, 2022 – October 31,2023 Year 4: November 1, 2023 – October 31,2024 Year 5: November 1, 2024 – October 31,2025 $782,859.00 To Be Determined To Be Determined To Be Determined To Be Determined (b) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant project agreement will not exceed $782,859.00 (Seven Hundred Eighty-Two Thousand Eight Hundred Fifty-Nine Dollars). (c) Budget Modifications. Modifications greater than 10 percent of any budget line item in the most recently approved budget (listed in 4.1(a) or incorporated in Exhibit B) requires prior approval from the State and must be indicated on submitted reports. Failure to obtain prior approval for modifications greater than 10 percent of any budget line item may result in denial of modification request and/or loss of funds. Modifications equal to or less than 10 percent of any budget line item are permitted without prior approval from the State provided that such modification is indicated on submitted reports and that the total obligation of the State for all compensation and reimbursements to the Grantee shall not exceed the total obligation listed in 4.1(b) or Exhibit B. 4.2 Terms of Payment. (a) Invoices. The State will promptly pay the Grantee after Grantee presents an itemized invoice for the services actually performed and the State’s Authorized Representative accepts the invoiced services. Invoices must be submitted in a timely fashion and according to the following schedule: Invoices shall be completed on a form prescribed by the State for each month and submitted within 45 days after the end of the month. (b) Matching Requirements. Grantee certifies that the following matching requirement for the grant will be met by Grantee: A local match of ten percent of the total funding allocation will be provided and documented. Page 4 of 6 Dakota County Contract C0034872 Exhibit A - Page 4 of 1188 DocuSign Envelope ID: EED95507-9C8B-442B-8402- CHB Grant Project Agreement Template STATE FUNDS Version 1.8, 12/27/19 Grant Project Agreement Number 183510 Between the Minnesota Department of Health and Dakota County Community Health Board 5 Conditions of Payment. All services provided by Grantee pursuant to this grant project agreement must be performed to the satisfaction of the State, as determined in the sole discretion of its Authorized Representative. Further, all services provided by the Grantee must be in accord with all applicable federal, state, and local laws, ordinances, rules and regulations. 6 Ownership of Equipment. The State shall have the right to require transfer of all equipment purchased with grant funds (including title) to the State or to an eligible non-State party named by the State. This right will normally be exercised by the State only if the project or program for which the equipment was acquired is transferred from one grantee to another. 7 Authorized Representatives. 7.1 State’s Authorized Representative. The State’s Authorized Representative for purposes of administering this grant project agreement is Meredith Ahlgren, Acting Supervisor, Community Initiatives, Office of Statewide Health Improvement Initiatives, 85 East Seventh Place, P.O. Box 64882, St. Paul, MN, 55164- 0882, 651-201-5446, meredith.ahlgren@state.mn.us, or his/her successor, and has the responsibility to monitor the Grantee’s performance and the final authority to accept the services provided under this grant project agreement. If the services are satisfactory, the State’s Authorized Representative will certify acceptance on each invoice submitted for payment. 7.2 Grantee’s Authorized Representative. The Grantee’s Authorized Representative is Bonnie Brueshoff, CHS Administrator, 1 Mendota Rd. W., Suite 410, West St. Paul, MN 55118, 651-554-6103, bonnie.brueshoff@co.dakota.mn.us, or his/her successor. The Grantee’s Authorized Representative has full authority to represent the Grantee in fulfillment of the terms, conditions, and requirements of this agreement. If the Grantee selects a new Authorized Representative at any time during this grant project agreement, the Grantee must immediately notify the State. 8 Termination. 8.1 Termination by the State or Grantee. The State or Grantee may cancel this grant project agreement at any time, with or without cause, upon thirty (30) days written notice to the otherparty. 8.2 Termination for Cause. If the Grantee fails to comply with the provisions of this grant project agreement, the State may terminate this grant project agreement without prejudice to the right of the State to recover any money previously paid. The termination shall be effective five business days after the State mails, by certified mail, return receipt requested, written notice of termination to the Grantee at its last known address. 8.3 Termination for Insufficient Funding. The State may immediately terminate this grant project agreement if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the work scope covered in this grant project agreement. Termination must be by written (e-mail, facsimile or letter) notice to the Grantee. The State is not obligated to pay for any work performed after notice and effective date of the termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if this grant project agreement is terminated because of the decision of the Minnesota legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving notice of the same. 9 Publicity. Any publicity given to the program, publications, or services provided from this grant project agreement, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee or its employees individually or jointlywith Page 5 of 6 Dakota County Contract C0034872 Exhibit A - Page 5 of 1189 DocuSign Envelope ID: EED95507-9C8B-442B-8402- CHB Grant Project Agreement Template STATE FUNDS Version 1.8, 12/27/19 Grant Project Agreement Number 183510 Between the Minnesota Department of Health and Dakota County Community Health Board others, or any subgrantees shall identify the State as a sponsoring agency and shall not be released, unless such release is approved in advance in writing by the State’s Authorized Representative. APPROVED: 1.State Encumbrance Verification Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. Digitally signed by Sarah Martin Sarah Martin Signed: Date: 2020.09.21 07:21:57 -05'00' Date: 9/18/2020 SWIFT Contract/PO No(s). 183510/ 3000078983 2.GRANTEE The Grantee certifies that the appropriate persons(s) have executed the project agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. 3. STATE AGENCY Project Agreement approval and certification that STATE funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. Marti Fischbach By: By: Community Services Director Title: Title: 09/24/2020 | 4:57 PM CDT Date: Date: By: /s/ Suzanne W.Schrader Assistant County Attorney Dakota County Attorney's Office Sept. 24, 2020 KS-20-420 Title: Interim Procurement Supervisor 9/28/2020 Date: Distribution: • MDH (Original fully executed Grant Project Agreement) •Grantee •State Authorized Representative Page 6 of 6 Interim Procurement Supervisor 10/1/2020 Dakota County Contract C0034872 Exhibit A - Page 6 of 1190 Amendment #1 for Grant Project Agreement #183510 Between the Minnesota Department of Health and Dakota County Community Health Board CHB Grant Project Agreement Amendment (03/2018) Page 1 of 5 Minnesota Department of Health Grant Award Amendment Cover Sheet You have received a grant award from the Minnesota Department of Health (MDH). Information about the grant award, including funding details, are included below. Contact your MDH Grant Manager if you have questions about this cover sheet. DATE: November 1, 2021 ATTACHMENT: Amendment #1 CONTACT FOR MDH: Alice Englin, 507-508-0988, alice.englin@state.mn.us Grantee SWIFT Information Grant Agreement Information Funding Information Name of MDH Grantee: Dakota County Community Health Board Grant Agreement/Project Agreement Number: 183510 Total Grant Funds (all funding sources): $1,565,718 Grantee SWIFT Vendor Number: 0000197289 SWIFT Vendor Location Code: 001 Period of Performance Start Date: November 1, 2020 Period of Performance End Date: October 31, 2025 Total State Grant Funds: $1,565,718 Total Federal Grant Funds: N/A DocuSign Envelope ID: 88F40BC4-A660-4792-BBAE-64B8969B7197 Dakota County Contract C0034872 Exhibit A - Page 7 of 1191 Amendment #1 for Grant Project Agreement #183510 Between the Minnesota Department of Health and Dakota County Community Health Board CHB Grant Project Agreement Amendment (03/2018) Page 2 of 5 Minnesota Department of Health Community Health Board Grant Project Agreement Amendment Grant Project Agreement Start Date: 11/1/2020 Current Project Amendment Amount $782,859 Original Grant Project Agreement Expiration Date: 10/31/2025 Original Grant Project Agreement Amount: $782,859 Current Grant Project Agreement Expiration Date: 10/31/2025 Previous Project Amendment(s) Total: N/A Requested Grant Project Agreement Expiration Date: N/A Requested Total Grant Project Agreement Amount: $1,565,718 This Grant Project Agreement Amendment is between the State of Minnesota, acting through its Commissioner of the Minnesota Department of Health (hereinafter “State”) and Dakota County Community Health Board, 1 Mendota Rd. W., Suite 410, West St. Paul MN 55118 (hereinafter “Grantee”). Recitals 1.The State has a grant project agreement with the Grantee identified as 183510 (“Original Grant Project Agreement”) to address the leading preventable causes of illness and death such as tobacco use or exposure, poor diet, and lack of regular physical activity, and other issues as determined by the commissioner through the statewide health assessment. 2.The Agreement is being amended to add funding for Year 2. 3.The State and the Grantee are willing to amend the Original Grant Project Agreement as stated below. Grant Agreement Amendment Amended or deleted grant project agreement terms will be struck out, and the added grant project agreement terms will be underlined. REVISION 1. Clause 3. “Grantee’s Duties and Responsibilities” is amended as follows: General. Grantee must: 1.Work with State to finalize Grantee's yearly work plan and budget. The annual budget and work plan must be approved in writing by State by November 1 of each year, 2020. The Year 2 work plan will be submitted in two phases: November 1, 2021-April 30, 2022, to be approved by November 1, 2021, and May 1, 2022-October 31, 2022, to be approved by May 1, 2022. If the work plan is not approved by the due date, November 1, 2020, Grantee cannot perform work under this agreement. 2.Perform the activities in the approved work plan. 3.Grantee will contact State if Grantee is no longer able to fulfill a work plan activity and Grantee must request approval before pursuing any additional activities not described in the original work plan. If Grantee fails to complete grant deliverables in a satisfactory manner, State has the authority to withhold further funds. 4.Designate or hire a full-time SHIP project coordinator or equivalent. The Grantee’s budget must include a minimum of one FTE to coordinate the activities of the grant. 5.Designate a SHIP staff person to facilitate evaluation tasks and communicate with State evaluation staff and contractors. DocuSign Envelope ID: 88F40BC4-A660-4792-BBAE-64B8969B7197 Dakota County Contract C0034872 Exhibit A - Page 8 of 1192 Amendment #1 for Grant Project Agreement #183510 Between the Minnesota Department of Health and Dakota County Community Health Board CHB Grant Project Agreement Amendment (03/2018) Page 3 of 5 6.Designate, hire, or contract project, fiscal, and administrative staff with the appropriate training and experience to implement all SHIP activities and to fulfill payroll, accounting, and administrative functions. 7.Participate in site visits and grant reconciliation processes with State. 8.Participate in regularly scheduled calls and meetings with State community specialists. 9.Participate in State-sponsored technical assistance calls, webinars and trainings. 10.Attend State-sponsored conferences, meetings and in-person trainings. 11.Comply with State product approval outlined in the SHIP Communications Guide. 12.Allow State and others to use any products or materials produced with SHIP funds. Reporting 1.Participate in all required evaluation activities as outlined in the SHIP Application. 2.Completed progress and evaluation reports will be due quarterly. The schedule for quarterly reporting is provided below. The State will provide guidance regarding the required content of the reports. Quarterly Reporting Period Report Submission Due Date November 1 – January 31 February 28 29 February 1 – April 30 May 30 May 1 – July 31 August 30 August 1 – October 31 November 30 Financial 1.Adhere to the request and approval process set forth by the State in the SHIP Financial Guide. 2.Obtain prior approval from the State for all subcontracts or mini-grants $3,000 or more, significant changes in grant activities, changes of more than 10 percent to any budget line item, surveys and out- of-state travel. 3.Act in a fiscally-responsible manner, including following standard accounting procedures, charging the SHIP grant only for the activities stated in the grant agreement, spending grant funds responsibly, properly accounting for how grant funds are spent, maintaining financial records to support expenditures billed to the grant, and meeting audit requirements. 4.Ensure that a local match equaling at least ten percent of the total funding award is provided and documented. 5.Ensure that administrative costs are explained and justifiable. The State will accept up to the Grantee’s current federally approved rate. If Grantee does not have a federally approved indirect cost rate, the State will accept an indirect rate of up to 10 percent of the total grant award. 6.Report to the State other funding sources, including grants from other sources, that are directed toward tobacco, obesity and well-being, and have accounting systems in place to track SHIP-funded activities separately from activities funded through other sources. 7.Comply with the Minnesota Government Data Practices Act as it applies to all data created, gathered, generated, or acquired under the grant agreement. 8.Ensure SHIP funding does not supplant work funded through other sources. Use SHIP funds to develop new activities, expand or modify current activities that work to reduce tobacco use and exposure, prevent obesity and increase well-being, and/or replace discontinued funds from the State, the federal government, or another third party previously used to reduce tobacco use and exposure, prevent obesity and increase well-being. The Grantee may not use SHIP funds to replace federal, state, local, or tribal funding Grantee currently uses to reduce tobacco use and exposure, prevent obesity or increase well-being. Lobbying Ensure funds are not used for lobbying, which is defined as attempting to influence legislators or other public officials on behalf of or against proposed legislation. Providing education about the importance of policies as a public health strategy is allowed with SHIP funds. Education includes providing facts, DocuSign Envelope ID: 88F40BC4-A660-4792-BBAE-64B8969B7197 Dakota County Contract C0034872 Exhibit A - Page 9 of 1193 Amendment #1 for Grant Project Agreement #183510 Between the Minnesota Department of Health and Dakota County Community Health Board CHB Grant Project Agreement Amendment (03/2018) Page 4 of 5 assessment data, reports, program descriptions, and information about budget issues and population impacts, but stopping short of making a recommendation on a specific piece of legislation. Education may be provided to legislators, public policy makers, other decision makers, specific stakeholders, and the general community. Lobbying restrictions do not apply to internal or non-public policies. REVISION 2. Clause 4 (4.1a and 4.1b). “Consideration and Payment” is amended as follows: (a) Compensation. The Grantee will be paid monthly, on a reimbursement basis for services performed and acceptance of such services by the State’s Authorized Representative, except the State reserves the right not to honor invoices that are submitted more than 30 days after the submission date specified. Budget periods for the five years are as follows: Year 1: November 1, 2020 – October 31, 2021 Year 2: November 1, 2021 – October 31, 2022 Year 3: November 1, 2022 – October 31, 2023 Year 4: November 1, 2023 – October 31, 2024 Year 5: November 1, 2024 – October 31, 2025 $782,859.00 $782,859 To Be Determined To Be Determined To Be Determined To Be Determined (b) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant project agreement will not exceed $1,565,718. $782,859.00 (Seven Hundred Eighty-Two Thousand Eight Hundred Fifty-Nine Dollars). REVISION 3. Clause 4 (4.2a). “Terms of Payment” is amended as follows: (a) Invoices. The State will promptly pay the Grantee after Grantee presents an itemized invoice for the services actually performed and the State’s Authorized Representative accepts the invoiced services. Invoices must be submitted in a timely fashion and according to the following schedule: Invoices shall be completed and submitted on a form prescribed by the State for each month and submitted within 45 days after the end of the month, with the exception of June invoices, which should be submitted within 30 days after the end of the month. REVISION 4. Clause 7. “Authorized Representatives” is amended as follows: 7.1 State’s Authorized Representative. The State’s Authorized Representative for purposes of administering this grant project agreement is Kristine Igo, Director, Meredith Ahlgren, Acting Supervisor, Community Initiatives, Office of Statewide Health Improvement Initiatives, 85 East Seventh Place, P.O. Box 64882, St. Paul, MN, 55164-0882, 651-201-5809, kris.igo@state.mn.us, 651-201-5446, meredith.ahlgren@state.mn.us, or his/her successor, and has the responsibility to monitor the Grantee’s performance and the final authority to accept the services provided under this grant project agreement. If the services are satisfactory, the State’s Authorized Representative will certify acceptance on each invoice submitted for payment. 7.2 Grantee’s Authorized Representative. The Grantee’s Authorized Representative is Marti.Fischbach, Community Services Director, 1 Mendota Rd. W., Suite 500, West St. Paul MN 55118 651-554-5742, marti.fischbach@co.dakota.mn.us, Bonnie Brueshoff, CHS Administrator, 1 Mendota Rd. W., Suite 410, West St. Paul, MN 55118, 651-554-6103, bonnie.brueshoff@co.dakota.mn.us, or his/her successor. The Grantee’s Authorized Representative has full authority to represent the Grantee in fulfillment of the terms, conditions, DocuSign Envelope ID: 88F40BC4-A660-4792-BBAE-64B8969B7197 Dakota County Contract C0034872 Exhibit A - Page 10 of 1194 Amendment #1 for Grant Project Agreement #183510 Between the Minnesota Department of Health and Dakota County Community Health Board CHB Grant Project Agreement Amendment (03/2018) Page 5 of 5 and requirements of this agreement. If the Grantee selects a new Authorized Representative at any time during this grant project agreement, the Grantee must immediately notify the State. Except as amended herein, the terms and conditions of the Original Grant Project Agreement and all previous amendments remain in full force and effect. The Original Grant Project Agreement, and all previous amendments, are incorporated by reference into this amendment. APPROVED: 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. Signed: Date: August 20, 2021 SWIFT Contract/PO No(s).183510/3-87097 2.GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant project agreement amendment on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: 3.MINNESOTA DEPARTMENT OF HEALTH By: (with delegated authority) Title: Date: Distribution: •MDH – Original (fully executed) Grant Project Agreement Amendment •Grantee •State’s Authorized Representative Christina Mish Digitally signed by Christina Mish Date: 2021.08.20 06:34:27 -05'00' DocuSign Envelope ID: 88F40BC4-A660-4792-BBAE-64B8969B7197 Approved as to form: 8/23/2021 Asst Cty Atty KS-20-420-1 Bd Res 20-382 8/23/2021 Community Services Director 8/23/2021 Finance Director Dakota County Contract C0034872 Exhibit A - Page 11 of 1195 Mendota Heights Contract Deliverables for the Pedestrian and Bicycle Plan Funded by the Statewide Health Improvement Partnership (SHIP) Scope of work to be conducted by the City of Mendota Heights •Complete a comprehensive pedestrian and bicycle master plan for the City of Mendota Heights •Evaluate benefits and impacts to SHIP priority populations (people 60 or older, children, and people with low incomes or others experiencing a health disparity) •Direct and manage any consultant hired to work on the project Public engagement •City staff will work with the Dakota County Physical Development Division (DCPDD) and Public Health Department leads to prepare a public engagement plan. The project will include engagement of key stakeholders, including o Residents o Representatives of SHIP priority populations o Dakota County •At least 1 meeting with the Mendota Heights City Council will be held on the topic •The City will acknowledge funding and support from the Dakota County Public Health Department and the Statewide Health Improvement Partnership in the final documents, open houses, public materials, public meetings and news releases. This will be done by either including the SHIP and County Logos and/or the following language “Supported by the Statewide Health Improvement Partnership, Minnesota Department of Health and the Dakota County Public Health Department” Anticipated non-motorized transportation strategies to be evaluated •Plan for development of an interconnected pedestrian and bicycle system city-wide •Integrate County Greenways and trails along County Highways into the system •Include the 6E’s Evaluation, Education, Engineering, Encouragement,, Enforcement, Equity in the plan Report on strategy outcomes (ongoing throughout the contract period) •The City’s project lead (or other city representative) will provide a brief project update at the Active Living Dakota County meetings throughout the contract period •City staff will contribute to nominal evaluation and reporting as required by the Minnesota Department of Health •City staff will collect stories, quotes, photos, and comments of and about people who would be affected by improvements Dakota County Contract C0034872 Exhibit B - Page 1 of 296 •City staff will submit a summary of public engagement activities and comments at project completion •City staff will submit an electronic (pdf) copy of the final report at project completion Communication with DCPDD staff (ongoing throughout contract period ) •The City’s project lead will check in with Dakota County Physical Development Division (DCPDD) staff regularly (at least monthly) to communicate progress on the project •The City’s project lead will copy the DCPDD lead on important email communications •DCPDD staff will share information with Public Health staff who will communicate with MDH DCPDD Staff will provide the following project support •Provide input and feedback regarding the project •Provide necessary data and information to conduct the work as available Timeline •Project kickoff by February 1, 2022 •Meeting with City Council by August 1, 2022 •Adoption, acceptance or other City Council action before September 30, 2022 •Delivery of final study report to DCPDD by September 30, 2022 •Completion by October 31, 2022 Dakota County Contract C0034872 Exhibit B - Page 2 of 297 1 Active Living Dakota County Statewide Health Improvement Partnership (SHIP) Application for Local Funding Deadline: 12 p.m. Friday, October 15, 2021 Active Living Dakota County (ALDC) is pleased to announce an opportunity for cities to apply for 2021 ‐ 2022 Local Funding. These funds are made available through the Statewide Health Improvement Partnership (SHIP), which strives to help Minnesotans lead longer, healthier lives by preventing the chronic disease risk factors of poor nutrition and physical inactivity. The active living and healthy eating portion of Dakota County’s SHIP grant focuses on using policy, systems and environmental changes to increase physical activity and consumption of healthy foods. Funding is competitive and award amounts may vary, however, past funding amounts have typically been $10,000‐$30,000 and should not exceed $30,000. ALDC anticipates funding up to 2‐3 projects 2021‐2022. Dakota County staff will provide technical assistance throughout these projects. In addition, staff will connect selected applicants with regional experts on active living and healthy food access. Active Living Active living integrates physical activity into daily routines such as walking or bicycling for recreation, occupation, or transportation. Active Living policies and practices in community design, land use, site planning, and facility access have proven effective to increase levels of physical activity. Definitions and Examples Policy change - standards or guidelines that can be formal or informal. For example, updating or creating a policy regarding use of outdoor space for group and individual physical activity. System change - rule changes that impact processes. For example, collaborate with or collect input from community organizations to streamline a farmer’s market permitting process. Environmental change - a physical or material change. For example, conducting a walk or bikeability assessment and implementing changes into a capital improvement plan or transportation plan. Targeted populations ‐ includes people 60+, children, low income, and diverse populations. Dakota County Contract C0034872 Exhibit C - Page 1 of 1298 2 Example priority SHIP activities Active living assessment that includes a baseline assessment of active living opportunities in the community. Assessment activities could include review of relevant city policies, identifying gaps in access or service. Implementation of Comprehensive Plans as they relate to SHIP priorities Master plans and feasibility studies that provide a framework to increase access to safe walking and bicycling options o Safe Route to School plans o Bicycle and Pedestrian Master Plans o Trail feasibility studies Complete streets policies Demonstration projects examples: temporary striping for a bike lane, markings for crosswalk improvements Connectivity to recreational facilities COVID Response‐ examples: street conversion for pedestrians Health Equity – some examples would be community engagement, fitness opportunities, programming that increases awareness to active living, open street events, promoting healthy food access Check with Lil Leatham ‐ lil.leatham@co.dakota.mn.us to see if your city’s project is SHIP eligible or not. Healthy Eating Heathy food access is improving people’s access to healthier foods such as fresh fruits and vegetables, as opposed to less healthy foods high in saturated fats, sodium, and added sugars. These dietary behavior changes together have the greatest impact towards improving the risk factors most related to the leading causes of death and disability (obesity, high blood pressure, and high cholesterol). Example priority SHIP activities City comprehensive plans that include healthy food access as an important component of local governments’ overall infrastructure, land use, zoning, and transportation planning Healthy food access assessments which include a baseline assessment of healthy food access, review of comprehensive plan, and identifying gaps in your city’s current food access (e.g. locations of fresh food markets, SNAP/WIC eligible stores, farmers markets) and other analysis that goes beyond the community’s 2015 Food System Policy Analysis done by the Public Health Law Center COVID‐19 Response‐ Some examples may include: conversion of streets for pedestrian and bicycle usage, advertising food shelf locations, promoting access to healthy food options, adapting community events Land Use and zoning regulations that support healthy food access Dakota County Contract C0034872 Exhibit C - Page 2 of 1299 3 Farmland preservation, community‐based agriculture, and pollinator policies Increased access to facilities Community Engagement Community engagement is public participation that involves groups of people in problem‐solving and decision making processes. Funding is available to develop and implement community engagement, with an emphasis on healthy food access and active living. The engagement should emphasize participation from target populations of seniors, diverse groups and low income populations. Examples include community meetings, key informant interviews, focus groups, temporary demonstration projects, and walkability workshops. Engagement can be for a short‐term project or more robust as part of a large City project (Ex., comprehensive plan, road project, small area study, etc.). COVID‐19 Community Engagement Community engagement should adhere to the safety protocols outlined by the CDC. This may include virtual community meetings and/or socially distanced meetings. Infrastructure and Equipment There are few instances of qualified infrastructure under SHIP guidelines. Allowable expenses include but are not limited to paint for bike lanes or crosswalks, and trail wayfinding signage. Eligibility Dakota County and cities in Dakota County are eligible to apply for local funding to increase active living and healthy eating. All projects must meet the following minimum criteria: All projects must have the ability to be started by January, 2022 and be scheduled for final delivery/completion by October 31, 2022 or have additional funding secured to complete the project beyond this date. Projects may be partitioned to meet the completion deadline, i.e. SHIP funding pays for a component that will be completed by October 31, 2022, while the larger project will continue beyond the deadline. Funding requests can be up to $30,000 per project. Must provide a 10% match (cash or in‐kind). Must be a city‐county partnership. For example, integrating health into the city’s comprehensive plan; a trail feasibility study must be connected to a county road or regional/county park, trail or greenway. Must be consistent with SHIP goals, direction, and eligible expenses. Dakota County Contract C0034872 Exhibit C - Page 3 of 12100 4 Projects that meet the minimum criteria will be scored according to criteria below Weight 1.How the project addresses SHIP requirements (including community engagement) 25% 2.Consistency with city and County plans, such as comprehensive plans 3.Benefit to target populations (rural areas, people of color, older adults, persons with disabilities, women, people with lower education attainment and, people with low incomes or others experiencing a health disparity) 15% 10% 4.Location (proximity to target populations) 5.City wide or regional value 15% 10% 6.Number of overall residents who will benefit 10% 7.Leverage (enhance an already existing program or leverage additional funds) 5% 8.Local match (funding or in‐kind resources)5% 9.Enduring value (community, political, and institutional support, expected life, who will own and maintain the project) 5% Schedule Activity Date Local Funding Grants Application Distributed August 12, 2021 Grant Applications Due October 15, 2021 Application Review Committee Meets Week of October 18, 2021 County Board Approves Grant Recipients; funding will be available once contracts are signed November 2021 Projects started as soon as JPA’s are finalized Anticipated by January, 2022 Completion Deadline ‐ All Grant Projects October 31,2022 Dakota County Contract C0034872 Exhibit C - Page 4 of 12101 5 Application Does the project meet minimum eligibility criteria as far as you know? Describe any unusual circumstances regarding schedule or eligibility below. Basic information Project narrative Concisely describe the project in 1 page or less. This should give reviewers a good idea of what you’re proposing but not get too specific. This section is not scored; it will form reviewers’ general understanding of the project. Be sure to articulate the following: 1.How the project will encourage active living and/or healthy food access. The Bike Pedestrian Master Plan when completed and implemented will meet the following two SHIP priorities: The city will be completing an assessment/analysis of the existing bike and pedestrian system to identify opportunities and challenges to completing gaps in the current system that is offered to the public. The city will be developing a bike and pedestrian master plan that will focus on providing safe crossings and connections, not only with the existing system, but also expanding its trail network for improved connectivity. This will include analyzing and implementing policies and ordinances that provide for a safe and accessible system of trails and sidewalks. It will also include analyzing different options to implement in areas where it is not feasible to construct accessible and safe trails and sidewalks. Organization or city: City of Mendota Heights Contact person: Ryan Ruzek Contact email: rruzek@mendotaheightsmn.gov Contact phone: 651‐255‐1152 Project name (one line or less): Bike and Pedestrian Master Plan Project funding request: $30,000 Dakota County Contract C0034872 Exhibit C - Page 5 of 12102 6 2.How the project will increase health equity in Dakota County. 3.Describe how the project is a city‐county partnership. 4.Attach maps or figures to illustrate the project, if applicable (not counted against your page limit). The city is requesting funding in the amount of $35,000 to hire a consultant to conduct a comprehensive bike and pedestrian master plan for the community and to cover all costs associated with a public engagement process. Mendota Heights is committed to providing an interconnected and accessible sidewalk and trail system. The city trail system was mostly constructed though a park referendum in 1988. Mendota Heights has a number of State highways and County Roads which have segregated many of its neighborhoods and businesses. The city has identified a number of trail gaps but these are fragmented and lack a unified plan. The city has a history of working with Dakota County on the planning of trails. There are currently three regional trails within the boundary of Mendota Heights (Big Rivers, River to River, Mendota/Lebanon). In addition to the three current regional trails, there will be another opportunity to develop a master plan for a future regional trail in Mendota Heights (Soo Line). These regional trails serve as not only a connector to other regional parks and trails, but also serve as a connector to other communities in Dakota County where additional parks, open space, trails and recreational facilities can be explored. Creating a Bike and Pedestrian Master Plan will focus on not only planning the city of Mendota Heights trail system, but will also provide other Dakota County residents who do not live in the city, an opportunity to explore Mendota Heights while being active at the same time on the trails. While the city’s population is primarily under the age of 60, it is anticipated that the current 60 years and older adult population will continue to grow. Creating a bike pedestrian plan will allow the city to get out ahead of the aging population, so the system will be in place to allow ease of access and provide a safe place to be active. It will be an interconnected system that will be accessible and equitable to not only older users, but in reality it will be for everyone who wishes to use the system to be active. When the city does a community survey, time and time again the survey results show that trails not only are being used, but the survey also shows they are the most used and favored facility in the community. Dakota County Contract C0034872 Exhibit C - Page 6 of 12103 7 Scored criteria Each eligible project will be evaluated on the following criteria, weighted by the percent listed to arrive at a composite score. 1)Alignment with SHIP strategies and priority activities (25%) Describe how this project addresses SHIP strategies and priority activities related to active living and/or healthy eating. Describe the project’s community engagement approach, including how you will engage SHIP target populations (people 60 or older, children, minority populations, people with low incomes or others experiencing a health disparity). 2)Plan consistency (15%) Identify any plans that call specifically for the project you’re proposing. Plans can be at the state, regional, county, city or area level. The Bike and Pedestrian Master Plan will focus on the active living opportunities available in the community in order to determine if there are gaps in trail connections that limit access to the system to some residents. The Plan will focus on completing an analysis where additional trail connections can be made that provide different trail loop distances that can challenge but not overwhelm trail users. Shorter loops provide a baseline of success to be built upon, which can lead to longer bike rides, walks, and runs resulting in users increasing both the distance and time spent being active. A complete trail network will also allow resident’s access to the city shopping district which is located adjacent to two State Highways which limit safe pedestrian access. A wayfinding standard is proposed to be implemented with this project. The bike pedestrian plan will be a community wide effort. A task force/committee will be assembled. Invitations will be sent to a variety of groups and organizations in the community including representation from the following: city of Mendota Heights staff, School District students and staff, Dakota County staff, Park and Recreation Commission, City Council member, Traffic Safety Committee, Chamber of Commerce, retirement/senior living facilities, and church organizations. The task force/committee will meet at least once a month to develop the plan. There will also be site visits to locations where trail gaps and unsafe crossings exist, so members will have a better perspective about the issues the city is currently facing as it moves towards creating a plan that consists of an interconnected system that is accessible and safe. Dakota County Contract C0034872 Exhibit C - Page 7 of 12104 8 3) Benefit to target populations (10%) Describe how the project will benefit and advance health equity for target populations (people 60 or older, children, people with low incomes or others experiencing a health disparity) by creating or enhancing opportunities for physical activity through active living and/or creating or enhancing opportunities for healthy eating. 4) Location — Proximity to target population (15%) Describe the number of SHIP priority residents in the project area (people 60 or older, children, people with low incomes). The city has had a long relationship with Dakota County’s long range regional trail planning efforts. The city has participated in planning efforts associated with the Big Rivers Regional Trail Greenway, the River to River Greenway (formerly NURT), and the Lebanon to Mendota Greenway. The city views these as current and future gems in the community that provide a valuable asset within the community. It desires to ensure that both existing and future trails are connected to these regional trails. The bike and pedestrian plan will create and identify strategies that can be used to reach out into the community to provide a health benefit and advance healthy equity to target populations that the SHIP program strives to reach. The Plan will recommend implementation priorities for a safe, functional and complete system that provides an attractive means for target populations to access shopping, schools, parks and trails. The Plan will aid the city in creating a system that encourages use and movement, which will produce the related positive outcomes for active living and personal health. The Plan will make recommendations for the best ways to inform city residents and visitors of the trail system and how to navigate it. Conversely, without a functional and complete system, residents are forced to travel by car or to walk/bicycle in places conflicting with vehicular traffic. Dakota County Contract C0034872 Exhibit C - Page 8 of 12105 9 5)City‐wide or regional value (10%) Describe how your project will benefit the city and/or the region. Is your project encouraging policy change in the comprehensive plan update? Is your project connected to an existing or future facility of regional significance? Examples include regional greenway corridors, county or state highways, regional parks, regional commercial districts and community centers, city comprehensive plan that integrates health into the vision, goals and policies. 6)Number of overall residents who will benefit (10%) Estimate the number of overall residents (target population and general population) who will benefit from this project and explain why. If your project does not include a spatial element, please state how many residents overall will benefit from the project and how. Gap areas for trail connections are located in some of the residential areas in the older areas of the city. Transportation planning in these developments was primarily based on a single mode of transportation, the automobile. The city is interested in creating a vision that will make the older neighborhoods a more multi‐modal transportation including the opportunity to bike and/or walk to work, school, shopping and to its parks. According to Census Bureau data published by the Metropolitan Council: 35.6% of the community population is age 60 or older. 21.1% of the population is age 19 or younger. 7.1% of the population fell below the Federal Poverty Level The city has had a long relationship with Dakota County’s long range regional trail planning efforts. It desires to ensure that both existing and future trails are connected to regional trails as well as proving safe access within the community. In addition, the city has also worked collaboratively with Dakota County on ensuring that trails and are constructed in Dakota County State Aid Highway right of ways whenever possible. Finally, the city has an existing and proposed trail plan map that is included in the city’s 2040 Comprehensive Plan. One of the goals in the city’s 2040 Comprehensive Plan’s Park and Trail Chapter is to provide safe connections for pedestrian and bicyclists between park facilities and major destinations around the community. Dakota County Contract C0034872 Exhibit C - Page 9 of 12106 10 7)Leverage (5%) Identify how your project will add to an already programmed project, leverage additional funds, be used as a match for a grant or otherwise will add value. 8)Local match (5%) Describe how you will meet the 10% match requirement. Specify the anticipated amount in dollars and briefly explain the sources (i.e. staff time, cash match, etc.)? 9)Enduring value (5%) What is the expected life of your project outcomes? Developing a bike pedestrian plan will benefit all community members because it will remove existing barriers to biking and walking. In addition, when residential, commercial and industrial development or redevelopment occurs, a guide will be in place to make these areas more conducive to biking and walking. The city has long had a focus on developing an interconnected trail system. By creating a bike and pedestrian plan, it will allow trails to be integrated into one overall plan. The city will utilize the bike and pedestrian master plan to guide a proposed park referendum planned for 2024 and also to submit grant applications for missing trail segments that meet trails grant program requirements such as through the Minnesota Department of Natural Resources Local Trail Connection Grant program. The city is proposing to meet the 10% match requirement using one, or a combination of all of the following methods: provide a cash match of $3,500 from the Special Parks Fund, which is a fund dedicated for parks and trails and this fund has an adequate balance to provide this match provide in‐kind match through staff time and materials provide a combination of cash match and in‐kind match through staff time and materials It is expected that the bike pedestrian plan document will be reviewed annually by city staff members. It is anticipated that the bike pedestrian plan will receive a comprehensive review once every 5 years to ensure that the plan is being properly implemented and followed and if not, what adjustments need to be made to get it back on track. Given the value placed on the city’s trail network by the community when community surveys are done, this plan will not die on a shelf, but instead will be an on‐going effort well into the future. Dakota County Contract C0034872 Exhibit C - Page 10 of 12107 11 How will it benefit residents long‐term? Who will own and maintain project outcomes or ensure follow‐through on the project? Or what community, political or institutional support do you expect for your project outcomes? Process Shortly after the October 15, 2021 deadline, a multi‐disciplinary/jurisdictional selection committee made up of County, City, Minnesota Department of Health representatives, and others will review proposals. Proposals found eligible will be scored for each criterion and compared with other projects for relative merit. The review committee may request clarification from applicants before making its decisions. The review committee will recommend projects worthy of funding for the 2020 ‐ 2021 funding years. County staff will then recommend projects to the Dakota County Board of Commissioners in October. Successful applicants will be notified, pending final approval by the County Board. Contact Lil Leatham lil.leatham@co.dakota.mn.us (952) 891‐7023 It will build on an existing bike and pedestrian system by identifying areas where safe crossings should occur, where missing connections exist and will create a long term funding plan for the system to not only be maintained long term, but will also plan for the future replacement of trails, so the system can be in place long term in the community. Having a well‐connected and safe trail system will encourage the community to use it while living, working and playing in the community. The city’s park and recreation department, community development department and engineering department will all play a part in making sure the bike pedestrian plan in implemented and followed. By creating a task force consisting of community members to help develop an approved bike pedestrian plan, the expected outcome is that there will be support for the bike pedestrian plan by the community. Because the city already has a good start on a developed system of trails that are used extensively by the community, there will also be support for the bike pedestrian plan. The community will provide additional support to a comprehensive bike and pedestrian plan because it will provide an opportunity to grow, improve and enhance the existing trail and sidewalk system. Ideally, a majority of the identified trail gaps will be included in a proposed park referendum. The will also incorporate improvement annually into the Capital Improvement Program and will seek funding for constructing missing trail segments and crossings that are identified in the bike pedestrian plan as the highest priorities to be addressed. Dakota County Contract C0034872 Exhibit C - Page 11 of 12108 12 Review Committee Please contact Lil Leatham if you would like to participate on the review committee. Members will be asked to review and score applications and attend one meeting on the week of October 18. Total time commitment is approximately 8 hours; 5 hours to review and 3 hours to meet. Submission Please submit applications electronically to Lil Leatham by 12 PM on Friday, October 15, 2021. Dakota County Contract C0034872 Exhibit C - Page 12 of 12109 Dakota County Contract C0034872Exhibit D 110 111 112 113 114 115 INSURANCE TERMS Contractor agrees to provide and maintain at all times during the term of this Contract such insurance coverages as are indic ated herein and to otherwise comply with the provisions that follow. Such policy(ies) of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the Contract indemnity provisions. The provisions of this section shall also apply to all Subcontractors, Sub -subcontractors, and Independent Contractors engaged by Contractor with respect to this Contract, and Contractor shall be entirely responsible for securing the compliance of all such persons or p arties with these provisions. APPLICABLE SECTIONS ARE CHECKED 1. Workers Compensation. Workers' Compensation insurance in compliance with all applicable statutes including an All States or Universal Endorsement where applicable. Such policy shall include Employer's Liability coverage in an amount no less than $500,000. If Contractor is not required by Statute to carry Workers’ Compensation Insurance, Contractor agrees: (1) to provide County with evidence documen ting the specific provision under Minn. Stat. § 176.041 which excludes Contractor from the req uirement of obtaining Workers’ Compensation Insurance; (2) to provide prior notice to County of any change in Contractor’s exemption status under Minn. Stat. § 176.041; and (3) to hold harmless and indemnify Cou nty from and against any and all claims and losses brought by Contractor or any subcontractor or other person claiming through Contractor for Workers’ Compensation or Emp loyers’ Liability benefits for damages arising out of any injury or illness resulting from performance of work under this Contract. If any such change requires Contractor to obtain Workers’ Compensation Insurance, Contractor agrees to promptly provide County with evidence of such insu rance coverage. 2. General Liability. "Commercial General Liability Insurance" coverage (Insurance Services Office form title), providing coverage on an "occurrenc e" rather than on a "claims made" basis, which policy shall include, but not be limited to, coverage for Bodily Injury, Property Damage, Personal Injury, Contractual Liability (applying to this Contract), Independent Contractors, "XC&U" and Products -Completed Operations liability (if applicable). Such coverage may be provided under an equivalent policy form (or fo rms), so long as such equivalent form (or forms) affords coverage which is at least as broad. An Insurance Services Office "Comprehensive General Liability" policy which includes a Broad Form Endorsement GL 0404 (Insurance Services Office de signation) shall be considered to be an acceptable equivalent policy form. Contractor agrees to maintain at all times during the period of this Contract a total combined general liability policy limit of at least $1,500,000 per occurrence and aggregate, applying to liability for Bodily Injury, Personal Injury, and Property Damage, which total limit may be satisfied by the limit afforded under its Commercial General Liability policy, or equivalent policy, or by such policy in combination with the limit s afforded by an Umbrella or Excess Liability policy (or policies); provided, that the coverage afforded under any such Umbrella or Excess Liability polic y is at least as broad as that afforded by the underlying Commercial General Liability policy (or equivalent underlying policy). Such Commercial General Liability policy and Umbrella or Excess Liability policy (or policies) may provide aggregate limits f or some or all of the coverages afforded thereunder, so long as such aggregate limits have not, as of the beginning of the term or at any time during the term, been reduced to less than the total required limits stated above, and further, that the Umbrella or Excess Liability policy provides coverage from the point that such aggregate limits in the underlying Commercial General Liability policy become reduced or exhausted. An Umbrella or Excess Liability policy which "drops down" to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible o r "retention" amount, shall be acceptable in this regard so long as such deductible or retention for each occurrence does not exceed the amount shown in the provision below. Contractor's liability insurance coverage may be subject to a deductible, "retention" or "partic ipation" (or other similar provision) requiring the Contractor to remain responsible for a stated amount or percentage of each covered loss; provided, that such deductible, rete ntion or participation amount shall not exceed $25,000 each occurrence. Such policy(ies) shall name Dakota County, its officers, employees and agents as Additional Insureds thereunder. 3. Professional Liability. Professional Liability (errors and omissions) insurance with respect to its professional activities to be performed under this Contract. This amount of insurance shall be at least $1,500,000 per occurrence and aggregate (if applica ble). Coverage under such policy may be subject to a deductible, not to exceed $25,000 per occurrence. Contractor agrees to maintain such insurance for at least one (1) year from Contract termination. It is understood that such Professional Liability insurance may be provided on a claims-made basis, and, in such case, that changes in insurers or insurance policy forms could result in the impairment of the liability insurance protection intended for Dakota County hereun der. Contractor therefore agrees that it will not seek or voluntarily accept any such change in its Professional Liability insurance coverage if such i mpairment of Dakota County's protection could result; and further, that it will exercise its rights under any "Extended Reportin g Period" ("tail coverage") or similar policy option if necessary or appropriate to avoid impairment of Dakota County's protection. Contractor further agrees that it will, througho ut the one (1) year period of required coverage, immediately: (a) advise Dakota County of any intended or pending change of any Professional Liability insurers or policy forms, and provide Dakota County with all pertinent information that Dakota County may reasonably request to determine compliance with t his section; and (b) immediately advise Dakota County of any claims or threats of claims that might reasonably be expected to reduce the amount of su ch insurance remaining available for the protection of Dakota County. Dakota County Contract C0034872 Exhibit E - Page 1 of 2116 4. Automobile Liability. Business Automobile Liability insurance covering liability for Bodily Injury and Property Damage arising out of the ownership, use, maintenance, or operation of all owned, non -owned and hired automobiles and other motor vehicles utilized by Contractor in connection with its performance under this Contract. Such policy shall provide total liability limits for combined Bodily Injury and/or Property Damage in the amount of at least $1,500,000 per accident, which total limits may be satisfied by the limits afforded under such policy, or by such policy in combination with the limits afforded by an Umbrella or Excess Liability policy(ies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy(ies) shall be at least as broad with respect to such Business Automobile Liability insurance as that afforded by the underlying po licy. Unless included within the scope of Contractor's Commercial General Liability policy, such Business Automobile L iability policy shall also include coverage for motor vehicle liability assumed under this contract. Such policy, and, if applicable, such Umbrella or Excess Liability policy(ies), sh all include Dakota County, its officers, employees and agents as Additional Insureds thereunder. 5. Additional Insurance. Dakota County shall, at any time during the period of the Contract, have the right to require that Contractor secure any additional insurance, or additional feature to existing insurance, as Dakota County may reasonably require for the protection of their interests or those of the public. In such e vent Contractor shall proceed with due diligence to make every good faith effort to promptly comply with such additional requirement(s). 6. Evidence of Insurance. Contractor shall promptly provide Dakota County with evidence that the insurance coverage required hereunder is in full force and effect prior to commencement of any work. At least 10 days prior to termination of any such coverage, C ontractor shall provide Dakota County with evidence that such coverage will be renewed or replaced upon termination with insurance that complies with these prov isions. Such evidence of insurance shall be in the form of the Dakota County Certificate of Insurance, or in such other form as Da kota County may reasonably request, and shall contain sufficient information to allow Dakota County to determine whether there is compliance with these provisions. At the request of Dakota County, Contractor shall, in addition to providing such evidence o f insurance, promptly furnish Contract Manager with a complete (and if so required, insurer - certified) copy of each insurance policy intended to provide coverage required hereunder. All such policies shall be endorse d to require that the insurer provide at least 30 days’ notice to Dakota County prior to the effective date of policy cancellation, nonrenewal, or material adverse change in coverage terms. On the Certificate of Insurance, Contractor's insurance agency shall certify that he/she has Error and O missions coverage. 7. Insurer: Policies. All policies of insurance required under this paragraph shall be issued by financially responsible insurers licensed to do business in the State of Minnesota, and all such insurers must be acceptable to Dakota County. Such acceptance by Dakota County shall no t be unreasonably withheld or delayed. An insurer with a current A.M. Best Company rating of at least A:VII shall be conclusively deemed to be acceptable. In all other instances, Dakota County shall have 15 business days from the date of receipt of Contractor's evidence of insurance to advise Contractor in writing of any insurer that is not acceptable to Dakota County. If Dakota C ounty does not respond in writing within such 15 day period, Contractor's insurer(s) shall be deemed to be acceptable to Dakota County. 8. Noncompliance. In the event of the failure of Contractor to maintain such insurance and/or to furnish satisfactory evidence thereof as required herein, Dakota County shall have the right to purchase such insurance on behalf of Contractor, which agrees to provi de all necessary and appropriate information therefor and to pay the cost thereof to Dakota County immediately upon presentation of invoice. 9. Loss Information. At the request of Dakota County, Contractor shall promptly furnish loss information concerning all liability claims brought against Contractor (or any other insured under Contractor's required policies), that may affect the amount of liabili ty insurance available for the benefit and protection of Dakota County under this section. Such loss information shall include such specifics and be in such form as Dakota County may reasonably require. 10. Release and Waiver. Contractor agrees to rely entirely upon its own property insurance for recovery with respect to any damage, loss or injury to the property interests of Contractor. Contractor hereby releases Dakota County, its officers, employees, agents, and others acting on their b ehalf, from all claims, and all liability or responsibility to Contractor, and to anyone claiming through or under Contractor, by wa y of subrogation or otherwise, for any loss of or damage to Contractor's business or property caused by fire or other peril or event, even if such fire or other peril or event was caused in whole or in part by the negligence or other act or omission of Dakota County or other party who is to be released by the terms here of, or by anyone for whom such party may be responsible. Contractor agrees to effect such revision of any property insurance policy as may be necessary in order to permit the release and waiver of subrogation agreed to herein. Contractor shall, upon the request of Dakota County, promptly provide a Certificate o f Insurance, or other form of evidence as may be reasonably requested by Dakota County, evidencing that the full waiver of subrogation privilege contemplated by this p rovision is present; and/or, if so requested by Dakota County, Contractor shall provide a full and complete copy of the pertinent property insurance policy(ies). K/CM/Exh/Insure-No-Prof-Liability-CM.doc Revised: 10/07 Dakota County Contract C0034872 Exhibit E - Page 2 of 2117 118 DATE: January 18, 2022 TO: Mayor, City Council, and City Administrator FROM: Kelly Dumais, Assistant City Administrator SUBJECT: 2022-2023 Local 70 IUOE union agreement INTRODUCTION The City Council is asked to approve a two-year labor agreement with the Local 70 International Union of Operating Engineers AFL-CIO, representing Building Maintenance. BACKGROUND Attached for review and consideration is the 2022-2023 labor agreement between the City of Mendota Heights and the IUOE representing building maintenance, for which there is a tentative agreement. The city and union representatives have negotiated and came to agreement on the following: •Duration of Agreement – 2 years (January 1, 2022 – December 31, 2023) •Wage Rates—A 3.0% cost of living adjustment for 2022 and a 3.0% cost of living adjustment for 2023, resulting in the following pay scale: Current (2021) 2022 2023 Step A (1st six months) $27.19 $28.01 $28.85 Step B (2nd six months) $28.56 $29.42 $30.30 Step C (12 months) $29.98 $30.88 $31.81 Step D (24 months) $31.50 $32.45 $33.42 Step E (36 months) $33.06 $34.05 $35.07 119 6f. •Health Insurance – The City’s contribution for insurance is the same as other groups and non-union employees ($1,730 per month for 2022, with a reopener for 2023). •Holidays—Juneteenth (June 19) shall be added to the holiday schedule upon adoption by the State of Minnesota. Negotiations were very positive with the IUOE union representatives and a tentative agreement has been reached. BUDGET IMPACT Costs associated with the negotiated agreement are included in the 2022 city budget. ACTION RECOMMENDED Staff recommends approval of the agreement between the City of Mendota Heights and the IUOE covering Building Maintenance for 2022-2023 ACTION REQUIRED If the City Council concurs, it should, by motion, approve the 2022-2023 labor agreement between the City of Mendota Heights and the IUOE. 120 1 LABOR AGREEMENT By and between CITY OF MENDOTA HEIGHTS And LOCAL 70 Of the INTERNATIONAL UNION of OPERATING ENGINEERS AFL-CIO January 1, 2022- December 31, 2023 121 1 TABLE OF CONTENTS Article Page 1 Purpose of Agreement ....................................................................... 2 2 Recognition........................................................................................ 2 3 Union Security ................................................................................... 2 4 Management Security ........................................................................ 3 5 Management Rights .......................................................................... 3 6 Grievance Procedure ......................................................................... 3 7 Savings Clause .................................................................................. 6 8 Work Schedules ................................................................................ 6 9 Overtime Pay ..................................................................................... 6 10 Call Back ........................................................................................... 7 11 Legal Defense ................................................................................... 7 12 Discipline ........................................................................................... 7 13 Probationary Period ........................................................................... 7 14 Safety ................................................................................................ 8 15 Waiver ............................................................................................... 8 16 Wages ............................................................................................... 8 17 Insurance ........................................................................................... 8 18 Holidays ............................................................................................. 9 19 Personal Leave and Extended Disability Leave................................. 9 20 Funeral Leave .................................................................................... 9 21 Vacation ............................................................................................ 10 22 Minnesota Post Employment Health Care Savings Plan .................. 10 23 Right to Subcontract .......................................................................... 10 24 Duration ............................................................................................ 10 122 2 Article 1 Purpose of Agreement This Agreement is entered into between The City of Mendota Heights; hereinafter referred to as the EMPLOYER, and Local 70 of the International Union of Operating Engineers; hereinafter referred to as the UNION. The intent and purpose of this Agreement is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this Agreements interpretation and/or application; 1.3 Specify the full and complete understandings of the parties; and 1.4 Place in written form the parties agreement upon terms and conditions of employment for the duration of the Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. Article 2 Recognition 2.1 The Employer recognize the Union as the exclusive representative under Minnesota Statutes, Chapter 179A as amended for all employees of the city of Mendota Heights, MN employed in the position of Facilities Manager that meet the definition of a public employee as determined by the PELRA excluding confidential and supervisory employees. 2.2 In the event the Employer and the Union are unable to agree to the inclusion or exclusion of any new or modified job class, the issue shall be submitted to the State of Minnesota Bureau of Mediation Services for determination. Article 3 Union Security In recognition of the Union as the exclusive representative, the Employer shall: 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the wages of all employees authorizing in writing such deduction, and 3.2 Remit such deduction to the appropriate designated Union. 123 3 3.3 The Union may designate certain employees from the bargaining unit to act as steward and shall inform the Employer in writing of such choice. 3.4 The Union agrees to indemnify and hold harmless the Employer against any and all claims, suits, orders, or judgements brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this article. Article 4 Management Security 4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage, participate in or support any strike, slow down or other interruption of or interference with the normal functions of the Employer. 4.2 Any employee who engages in a strike may have his/her employment terminated by the Employer the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 4.3 An employee who is absent from any portion of his/her work assignment without permission, or who abstains wholly or in part from the full performance of his/her duties without permission from the Employer on the date or dates when a strike occurs is prima facie presumed to have engaged in a strike on such date or dates. 4.4 No employee shall be entitled to any daily pay, wages or per diem for the days on which he/she engaged in a strike. Article 5 Management Rights 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. Article 6 Grievance Procedure 6.1 Definition of a Grievance A grievance shall be defined as a dispute as to the interpretation or application of the specific terms and conditions of this Agreement. 6.2 Union Representative 124 4 The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this article. The Union shall notify the Employer of the names of such Union representative and of their successor when so designated. 6.3 Processing a grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and the Union representative shall be allowed a reasonable amount of time without a loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the Employer has been notified and the Employer has approved this action in advance. 6.4 Procedure Grievance as defined in 6.1 shall be resolved in conformance with the following procedure: Step 1 – Upon the occurrence of an alleged violation of this Agreement, the Employee Involved shall attempt to resolve the matter on an informal basis with the employee’s supervisor. If the matter is not resolved, the Employee, or a Union representative with the consent of the Employee, claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee supervisor as designated by the Employer. Grievances and grievance responses will be allowed to be presented via email, fax, US Mail, or Hand Delivery. The Employer-designated representative will discuss and give answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer- designated representative final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2 - If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer designated representative shall give the Union the EMPLOYER Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer- designated representative final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. 125 5 Step 3 - If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative The Employer-designated representative shall give the Union the Employer answer in writing within ten (10) calendar days following the Employer-designated representative receipt of Step 3 appeal. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 3A – Mediation: if the Employer and Union mutually agree, a grievance unresolved at Step 3 may be submitted to the MN Bureau of Mediation Services (“BMS”) within 10 days after Union receipt of the Employer’s response to Step 3. If the grievance is resolved through Mediation, the settlement shall be reduced to writing and signed by the Union and the Employer. If the grievance is unresolved through Mediation, it may be appealed to Step 4 within 10 days starting the day following the Mediation Meeting Session. If either party elects to not go through with Mediation after initially agreeing, it must be withdrawn in writing; then the grievance can be appealed to Step 4 within 10 days starting the day following the party’s written withdrawal from mediation. Step 4 - A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the Rules Governing the Arbitration of Grievances as established by the Bureau of Mediation Services. 6.5 Arbitrators Authority The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The Arbitrator shall consider and decide only those specific issues submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator’s decision shall be binding on both parties. The fee and expenses for the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made provided it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 Waiver If a grievance is not presented within the time limits set forth herein it shall be considered waived. If a grievance is not appealed to the next step within the time limits or any agreed upon extension thereof, it shall be considered settled on the basis of the Employers last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits or agreed upon extension the Union may elect to treat the grievance 126 6 as denied at that step and immediately appeal the grievance to the next step. The time limits may be extended at each step by mutual agreement of the Employer and the Union. Article 7 Savings Clause 7.1 This Agreement is subject to the laws of the United States, the State of Minnesota, and the signed Municipality. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall remain in full force and affect. The voided provision may be renegotiated at the request of either party. Article 8 Work Schedules 8.1 The sole authority in work schedules is the Employer. The normal work day shall be eight (8) consecutive hours exclusive of a mutually agreed upon lunch break. 8.2 The normal work week shall consist of five (5) consecutive days 8.3 Service to the public may require a work week other than Monday through Friday and/or eight (8) consecutive hours in which case the Employer shall provide a ten (10) day notice of such change. 8.4 In the event that work is required outside of the regular work schedule because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of equipment or facilities, no advance notice need be given. Article 9 Overtime Pay 9.1 All overtime work must be authorized in advance by the Employer. All hours compensated in excess of forty (40) hours in a five (5) day period shall be considered overtime and shall be compensated at the overtime rate of one and one-half (1.5) times the employee’s regular rate of pay. Holidays will count as worked hours for overtime purposes. Compensatory, sick and vacation time will not count towards overtime. Hours worked between Midnight and seven (7) am shall receive a two dollar ($2.00) per hour shift premium. 9.2 There shall be no pyramiding of overtime. 9.3 An employee may choose to receive compensatory time as compensation for overtime hours at the rate of 1.5 hours for each hour worked. Compensatory time off shall be taken only with the prior consent of the supervisor. The maximum allowable balance of such hours carried into the next calendar year shall be one hundred (100) hours. The Employer will convert to compensation an employee balance in excess of the 100 hours maximum in conjunction with the second payroll in December. 127 7 Article 10 Call Back 10.1 An employee called in for work at a time other than his/her normal scheduled shift shall be compensated for a minimum of two and a half (2.5) hours pay at one and one-half (1.5x) the employees regular rate of pay. Article 11 Legal Defense 11.1 Employees involved in litigation because of negligence, ignorance of laws, nonobservance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 11.2 Any employee who is charged with a, ordinance violation, or criminal offense arising from acts performed within the scope of his/her employment, when such act is performed in good faith and under the direct order of his/her supervisor, shall be reimbursed for reasonable attorney’s fees and court costs actually incurred by such employee in defending against such charge. Article 12 Discipline 12.1 The Employer will discipline employees for just cause only. Discipline will normally be in the form of: a. oral reprimand b.written reprimand c.suspension d.demotion or e. discharge 12.2 All discipline more severe than an oral reprimand shall be in writing with a copy to the Union. 12.3 Employees shall have the right to review their personnel file at a reasonable time under the direct supervision of the Employer. 12.4 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has asked to have a Union representative present at such meeting. 12.5 The parties may mutually agree to initiate a grievance involving this Article at step 3 of the grievance procedure. Article 13 Probationary Period 13.1 All newly hired employees shall serve a twelve (12) month probation period. An employee may be terminated at any time during an employee’s initial probationary period at the sole discretion of the Employer. 128 8 Article 14 Safety 14.1 The Employer and the Union agree to jointly promote a safe and healthful working environment and to cooperate and encourage employees to work in a safe manner. The Employer will contribute the sum of $200 within the contract period toward the purchase of work related protective footwear, cold weather gear and/or rain gear. Employee purchase of protective footwear, cold weather gear and/or rain gear are subject to the approval of the Employer. Article 15 Waiver 15.1 The parties mutually agree that during negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals to any term or condition of employment not removed from law by bargaining. All are set forth in writing in this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this Agreement was negotiated or executed. Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with provisions of this Agreement are hereby superseded. Article 16 Wages 16.1 Wages shall be increased by 3.0% on January 1, 2022 and January 1, 2023. 16.2 Current (2021) 2022 2023 Step A (1st six months) $27.19 $28.01 $28.85 Step B (2nd six months) $28.56 $29.42 $30.30 Step C (12 months) $29.98 $30.88 $31.81 Step D (24 months) $31.50 $32.45 $33.42 Step E (36 months) $33.06 $34.05 $35.07 Article 17 Insurance 17.1 The Employer shall contribute up to a maximum of one thousand seven hundred thirty dollars ($1,730.00) monthly for 2022 and 2023. The contribution may be used towards health, life, long term disability, short term disability and dental insurance. If any City of Mendota Heights employee group is awarded a higher amount the Union Members shall receive the higher amount. 129 9 Article 18 Holidays 18.1 The following days shall be considered holidays. An employee shall be compensated eight (8) hours regular pay for each of these days. An employee required to work any of these days shall in addition to the holiday pay receive one and one-half (1.5) times the Employee’s regular pay for all hours worked that day. 18.2 New Year’s Day, MLK Day, Presidents Day, Memorial Day, Juneteenth* Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Day and a Floating Holiday to mutually agreed upon. *contingent upon approval by the State of Minnesota Article 19 Personal Leave and Extended Disability Leave 19.1 Personal Leave: All full time employees shall accrue personal leave at the rate of four (4) hours per month to a maximum of three hundred twenty (320) hours. Personal leave shall be available for use without restriction except prior approval of the supervisor. An employee shall not be allowed to use more than twenty (20) consecutive personal days, or a combination of twenty (20) consecutive personal and vacation days, without prior approval of the City Council. Each December 1st an employee with an accrued balance in excess of three hundred twenty (320) hours may convert the excess at the rate of fifty (50) percent to either additional vacation time or cash compensation. Said cash or vacation to be credited the second payroll in December. Upon separation employees shall be compensated for any unused personal leave balance. 19.2 Extended Disability Protection: All full time employees shall accrue extended disability protection at the rate of four (4) hours per month to a maximum of six hundred forty (640) hours. Extended disability protection is be available for use on the first consecutive day of a personal illness and thereafter or anytime for a work related illness or injury. Employees are to keep their supervisor informed of their condition. The supervisor may require a letter of report from the employee’s medical provider. Suspicion of abuse may be cause for discipline. Article 20 Funeral Leave 130 10 20.1 Immediate family shall be defined as: spouse, mother, father, child, brother, sister, mother-in-law, father-in-law, grandparent, brother-in-law, sister-in-law, son-in-law, daughter-in-law, and grandchild. The employee shall be allowed paid funeral leave for a death in the immediate family in an amount not to exceed 24 hours for attending the funeral. This leave shall not to be deducted from sick leave. Article 21 Vacation 21.1 Years of Service Earned Vacation 0 – 5 years of service 80 hours 6 – 10 years of service 120 hours 11 years of service 128 hours 12 years of service 136 hours 13 years of service 144 hours 14 years of service 152 hours 15 years of service 160 hours 21.2 Employees shall be allowed to accrue to a maximum of two hundred (200) hours of vacation. Article 22 Minnesota Post Employment Health Care Savings Plan (HCSP) 22.1 The Employer will allow employees to participate in the Minnesota Post Employment Health Care Savings Plan (HCSP) by contributing one percent (1%) of their total gross salary per pay period. 22.2 Severance: Leaving city employment for another employer: Employee contributes the value of 50% of the employee’s accrued and unused hours of Vacation, Personal Leave and compensation time. PERA Service Retirement from City: Employee contributes the value of 100% of the employee’s accrued and unused hours of Vacation, Personal Leave, and compensation time. Article 23 Right to Subcontract 23.1 Nothing in the Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employee(s) covered by this Agreement. Article 24 Duration 131 11 24.1 This Agreement shall be effective as of January 1, 2022 and shall remain in full force and effect until December 31, 2023. FOR THE CITY OF MENDOTA HEIGHTS FOR INTERNATIONAL UNION of OPERATING ENGINEERS, Local No. 70 __________________________________ __________________________________ Mayor Date Business Manager Date __________________________________ __________________________________ City Administrator Date Union Steward Date __________________________________ City Clerk Date 132 DATE: January 18, 2022 TO: Mayor, City Council, and City Administrator FROM: Kelly Dumais, Assistant City Administrator SUBJECT: 2022-2023 Minnesota Teamsters Local 320 Labor Agreement INTRODUCTION The City Council is asked to approve a two-year labor agreement with the Minnesota Teamsters Local 320, representing Public Works. BACKGROUND Attached for consideration is the 2022-2023 labor agreement between the City of Mendota Heights and the Minnesota Teamsters, Local 320 representing public works, for which there is a tentative agreement. The city and union representatives have negotiated and came to agreement on the following: •Duration of Agreement – 2 years (January 1, 2022 – December 31, 2023) •Wage Rates—A 3.0% cost of living adjustment for 2022 and a 3.0% cost of living adjustment for 2023, resulting in the following pay scale: •Health Insurance – The City’s contribution for insurance is the same as other groups and non-union employees ($1,730 per month for 2022, with a reopener for 2023). Effective 1/1/2022 Step 2 Step 3 Step 4 Step 5 Public Works Maintenance Worker $26.07 $28.79 $31.53 $34.26 Public Works Leadworker $35.71 Effective 1/1/2023 Step 2 Step 3 Step 4 Step 5 Public Works Maintenance Worker $26.85 $29.65 $32.47 $35.29 Public Works Leadworker $36.78 133 6g. •Holidays—Juneteenth (June 19) shall be added to the holiday schedule upon adoption by the State of Minnesota. •Overtime— early start compensation shall include a $4.00 hourly shift differential which is a $2.00 increase from 2021 levels. Negotiations were very positive with the Teamsters union representatives and a tentative agreement has been reached. BUDGET IMPACT Costs associated with the negotiated agreement are included in the 2022 city budget. ACTION RECOMMENDED Staff recommends approval of the agreement between the City of Mendota Heights and the Minnesota Teamsters Local 320, covering Public Works for 2022-2023 ACTION REQUIRED If the City Council concurs, it should, by motion, approve the 2022-2023 labor agreement between the City of Mendota Heights and the Minnesota Teamsters Local 320. 134 LABOR AGREEMENT between THE CITY OF MENDOTA HEIGHTS and MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 Representing PUBLIC WORKS EMPLOYEES EFFECTIVE JANUARY 1, 2022 THROUGH DECEMBER 31, 2023 135 ARTICLE TABLE OF CONTENTS PAGE 1 Purpose of Agreement 1 2 Recognition 1 3 Union Security 1 4 Employer Security 2 5 Employer Authority 2 6 Employee Rights – Grievance Procedure 2 7 Definitions 4 8 Savings Clause 5 9 Work Schedules 5 10 Overtime Pay 6 11 Call Back 6 12 Standby 6 13 Legal Defense 7 14 Right to Subcontract 7 15 Discipline 7 16 Seniority 8 17 Probationary Periods 8 18 Safety 8 19 Job Posting 8 20 Waiver 9 21 Wages 9 22 Clothing 9 23 Insurance 10 24 Holidays 10 25 Personal Leave and Extended Disability Protection 11 26 Funeral Leave 11 27 Vacation 12 28 Injury on Duty 12 29 National Teamsters Drive 12 30 Educational Incentive 12 31 Duration 13 Signature Page 13 Appendix A City of Mendota Heights Drug/Alcohol Testing Policy 14 Memorandum of Understanding (Post-Retirement Health Savings Plan 16 Memorandum of Understanding (Parks Division Work Hours) 17 Memorandum of Understanding (Wages) 18 136 1 LABOR AGREEMENT between CITY OF MENDOTA HEIGHTS and MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 ARTICLE 1. PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Mendota Heights; hereinafter called EMPLOYER, and Local No. 320, Minnesota Teamsters Public and Law Enforcement Employees' Union. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of the Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2. RECOGNITION 2.1 The EMPLOYER recognizes the Union as the exclusive representative under Minnesota Statutes, Section 179.71, Subd. 8 in an appropriate bargaining unit consisting of the following job classifications: Public Works Lead Worker Public Works Maintenance Worker Public Works Mechanic 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of the new or modified job class, the issue shall be submitted to the State of Minnesota Bureau of Mediation Services for determination. ARTICLE 3. UNION SECURITY In recognition of the Union as the exclusive representative, the Employer shall: 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the wages of all employees authorizing in writing such deduction, and 3.2 Remit such deduction to the appropriate designated officer of the Union. 137 2 3.3 The Union may designate certain employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 3.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE 4. EMPLOYER SECURITY 4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage, participate in or support any strike, slow down or other interruption of or interference with the normal functions of the Employer. 4.2 Any employee who engages in a strike may have his/her appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 4.3 An employee who is absent from any portion of his/her work assignment without permission, or who abstains wholly or in part from the full performance of his/her duties without permission from his/her Employer on the date or dates when a strike occurs is prima facie presumed to have engaged in a strike on such date or dates. 4.4 An employee who knowingly strikes and whose employment has been terminated for such action may, subsequent to such violation, be appointed or reappointed or employed or re-employed, but the employee shall be on probation for two (2) years with respect to such tenure of employment, or contract of employment, as he/she may have theretofore been entitled. 4.5 No employee shall be entitled to any daily pay, wages or per diem for the days on which he/she engaged in a strike. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 6. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 138 3 6.2 Union Representatives The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so designated. 6.3 Processing of a Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee's duties and responsibilities. The aggrieved employee and the Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the employee and the Union Representative have notified and received the approval of the designated supervisor, who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 6.4 Procedure Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of this· Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer's designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer designated representative's final answer to Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer designated Step 2 representative. The Employer designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days following the Employer designated representative's receipt of the Step 2 appeal. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer designated Step 3 representative. The Employer designated Step 3 representative shall give the Union the Employer's answer in writing within ten (10) calendar days following the Employer designated representative's receipt of the Step 3 appeal. Any grievance not appealed in writing to Step 4 by the 139 4 Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 6.5 Arbitrator’s Authority A.The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B.The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C.The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union. ARTICLE 7. DEFINITIONS 7.1 Union: The Minnesota Teamsters Public and Law Enforcement Employees' Union, Local 320. 7.2 Employer: The individual municipality designated by this Agreement. 7.3 Union Member: A member of the Minnesota Teamsters Public and Law Enforcement 140 5 Employees' Union, Local No. 320. 7.4 Employee: A member of the exclusively recognized bargaining unit. 7.5 Base Pay Rate: The employee's hourly pay rate exclusive of longevity or any other special allowances. 7.6 Seniority: Length of continuous service with the Employer. 7.7 Compensatory Time: Time off the employee's regularly scheduled work schedule equal in time to overtime worked. 7.8 Overtime: Work performed at the express authorization of the Employer in excess of the normal work schedule in effect, (except for shift changes). 7.9 Call Back: Return of an employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of, or early report to an assigned shift, is not a call back. 7.10 Strike: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions, ei: compensation, or the rights, privileges or obligations of employment. ARTICLE 8. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE 9. WORK SCHEDULES 9.1 The sole authority in work schedules is the Employer. Service to the public may require the establishment of, regular shifts for some employees on a daily or weekly basis other than the normal work schedule. The normal work schedule shall not exceed eight (8) hours within a twenty-four (24) hour period, or forty (40) hours in a five (5) day period, (except for shift changes). The normal work schedule shall not involve a split work week. The Employer will give advance notice to the employees affected by the establishment of work days different from the employee's normal work schedule. 9.2 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than the scheduled shift; however, each employee has an obligation to work overtime or call backs if requested, unless unusual circumstances prevent him/her from so working. 141 6 9.3 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE 10. OVERTIME PAY 10.1 Hours worked in excess of the normal work schedule in effect within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a five (5) day period will be compensated at one and one-half (1½) times the employee's regular base pay rate. Pay for the seventh (7th) consecutive day will be at double (2) time the employee's regular base pay rate, ARTICLE 7 excluded. Hours worked between midnight and 7 a.m. shall be paid a differential of four dollars ($4.00) per hour for a snow or ice emergency. 10.2 Overtime will be distributed as equally as practicable. 10.3 Overtime refused by employees will, for record purposes under Article 10.2, be considered as unpaid overtime worked. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 10.5 An employee may choose to receive compensatory time as compensation for overtime hours at the rate of 1.5 hours for each hour worked. Beginning November 1, 2016, the maximum allowable balance of such hours carried into the next twelve months (i.e., November 1, to October 31) shall be one hundred fifty (150) hours. The Employer will convert to compensation an employee balance in excess of the 150 hours maximum. 10.6 An employee may request to convert to compensation any portion of their compensatory time balance the second pay period in May and November if requested in writing with the submission of the employee time sheet. 10.7 One hundred percent (100%) of the compensatory time balance converted to compensation in May and November will be contributed into the employee's State of Minnesota Post-Retirement Health Savings Plan. ARTICLE 11. CALL BACK An employee called in for work at a time other than his/her normal scheduled shift will be compensated for a minimum of two and one-half (2½) hours pay at one and one-half (1½) times the employee's base pay rate. ARTICLE 12. STANDBY Employees are expected to perform certain routine tasks on Saturdays, Sundays, and holidays and in conjunction therewith, must be available for servicing emergency calls also. Stand-by duty pay shall be two (2) hours at one and one-half (1½) times base rate for each twenty-four (24) hour period or major portion thereof. Compensation for performing routine tasks shall be one (1) hour at one and one-half (1½) times base rate for checking of two (2) sewer stations and any other emergency duties. This combination of holiday and weekend compensation shall be at the minimum rate of five (5) hours at one and one-half (1½) times base rate for the combination Saturday/Sunday weekend, and eleven (11) hours at one and 142 7 one-half (1½) times base rate for a three (3) day weekend. ARTICLE 13. LEGAL DEFENSE 13.1 Employees involved in litigation because of negligence, ignorance of laws, nonobservance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 13.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his/her employment, when such act is performed in good faith and under direct order of his/her supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE 14. RIGHT OF SUBCONTRACT Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employees covered by this Agreement. ARTICLE 15. DISCIPLINE 15.1 The Employer will discipline employees for just cause only. Discipline will be in the form of: A.oral reprimand; B.written reprimand; C.suspension; D.demotion; or E.discharge 15.2 Suspensions, demotions and discharges will be in written form. 15.3 Written reprimands, notices of suspension, notices of demotion, and notices of discharge to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 15.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 15.5 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such meeting. 15.6 Grievances relating to this Article shall be initiated by the Union at Step 3 of the Grievance Procedure under Article 6. ARTICLE 16. SENIORITY Seniority will be the determining criteria for transfers, promotions and layoffs only when all 143 8 other qualification factors are equal. ARTICLE 17. PROBATIONARY PERIODS 17.1 All newly hired or rehired employees will serve a twelve (12) month probationary period. 17.2 All employees will serve a six (6) months' probationary period in any job classification in which the employee has not served a probationary period. 17.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the Employer. 17.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the Employer. ARTICLE 18. SAFETY The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety manners and to encourage employees to work in a safe manner. ARTICLE 19. JOB POSTING 19.1 The Employer and the Union agree that permanent job vacancies wit in the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: A.have the necessary qualifications to meet the standards of the job vacancy; and B.have the ability to perform the duties and responsibilities of the job vacancy. 19.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article 17 (Probationary Periods). 19.3 The Employer has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 19.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 20. WAIVER 20.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 20.2 The parties mutually acknowledge that during negotiations, which resulted in this 144 9 Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed from law by bargaining. All are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions or employment referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE 21. WAGES 21.1 Increase wages by 3.0% for 2022 and 3.0% for 2023, and create steps as listed below. Effective 1/1/2022 Step 2 Step 3 Step 4 Step 5 Public Works Maintenance Worker $26.07 $28.79 $31.53 $34.26 Public Works Leadworker $35.71 Effective 1/1/2023 Step 2 Step 3 Step 4 Step 5 Public Works Maintenance Worker $26.85 $29.65 $32.47 $35.29 Public Works Leadworker $36.78 21.2 Work performed, as assigned by the Employer, to replace an absent mechanic shall be compensated at one-half (1/2) the difference between the employee's regular compensation and the mechanic's regular compensation. The mechanic is absent when on authorized leave or vacation. ARTICLE 22. CLOTHING 22.1 Clothing allowance for 2022 and 2023 in the amount of $410.00, annually. 22.2 In lieu of a clothing allowance, the Mechanic position will receive uniforms through an approved vendor. 22.3 Employees shall be reimbursed for actual costs of protective/safety boots up to $130.00 dollars per year. Yearly boot allowance can be carried over from year to year, up to a maximum of $260.00. The Mechanic shall be reimbursed for actual costs of protective/safety boots up to $250.00 per year. Yearly boot allowance can be carried over from year to year, up to a maximum of $500.00. 22.4 Employees will be responsible for wearing clothing with the City logo or city identification on the outermost layer. A uniform allowance account will be established for each employee in the amount of $190.00 annually for 2022 and 2023 to cover costs to purchase city logoed/city identified t-shirts, sweatshirts, jackets and hats. The $190.00 shall not be subject to carryover, and monies not expended shall not be refundable. 145 10 ARTICLE 23. INSURANCE The Employer will contribute up to a maximum of one thousand seven hundred and thirty dollars ($1,730.00) per month per employee for 2021 towards health, term life, short term disability, long-term disability insurance and dental insurance. The Employer will contribute up to a maximum of one thousand seven hundred and thirty dollars ($1,730.00) per month per employee for 2023 towards health, term life, short term disability, long-term disability and dental insurance. If any City of Mendota Heights employee group is awarded a higher amount in 2022 or 2023 the Union members shall receive the higher amount. ARTICLE 24. HOLIDAYS 24.1 Twelve (12) paid 8-hour holidays are granted. Ten (11) conventional holidays are as follows: January 1 New Year’s Day 3rd Monday of February President’s Day Friday before Easter Good Friday Last Monday in May June 19th Memorial Day Junteenth* July 4 Independence Day 1st Monday in September Labor Day 2nd Monday in October Columbus Day November 11 Veterans’ Day 4th Thursday of November Thanksgiving Day December 25 Christmas *contingent on approval by the State of Minnesota If January 1, New Year's Day; Juneteenth*, July 4, Independence Day; November 11, Veterans' Day; or December 25, Christmas, fall on Saturday, the preceding Friday shall be considered a holiday. If January 1, June 19*, July 4, November 11, or December 25 fall on a Sunday, the following Monday shall be considered a holiday. 24.2 In recognition of Martin Luther King's birthday, an eleventh (11th) day, a floating holiday, will be granted, conditioned that scheduling arrangements must be approved by the supervisor at least two (2) days in advance of the floating holiday. One (1) additional floating holiday will be included in the schedule for a total of two (2) floating holidays. 24.3 An employee required to work on a scheduled holiday will be compensated at one and one-half (1½) times the employee's regular rate of pay, and will receive time off equivalent to the holiday hours worked, to a maximum of eight (8), at a time subsequently scheduled by the supervisor. Employees working on Thanksgiving holiday and Christmas holiday shall receive two (2) times the employee's regular rate of pay. ARTICLE 25. PERSONAL LEAVE and EXTENDED DISABILITY PROTECTION 146 11 25.1 Personal Leave: All permanent full-time employees shall accrue personal leave at the rate of four (4) hours per month, to a maximum of 320 hours. Personal leave shall be available for use without restriction, except prior approval of the supervisor. An employee shall not be allowed to use more than twenty (20) consecutive personal days, or a combination of twenty (20) consecutive personal and vacation days, without prior approval of the City Council. Each December 1, any employee with an accrued personal leave balance in excess of 320 hours may convert the excess hours at the rate of fifty percent (50%), to either additional cash compensation, or additional vacation time. The compensation will be made, or the extra vacation credited, with the second payroll in December. Upon separation, employees shall be compensated for any unused personal leave balance. 25.2 Extended Disability Protection: All permanent full-time employees shall accrue extended disability leave at the rate of four (4) hours per month, to a cumulative maximum of six hundred and forty (640) hours. Extended disability protection is available for use on the first (1st) consecutive day of a personal illness, and thereafter, or anytime for a work related illness or injury. Employees are to keep their supervisor informed of their condition. The supervisor may require a letter of report from the attending physician. Claiming extended disability leave when physically fit may be cause for disciplinary action, including transfer, demotion, suspension, or dismissal. In cases of extreme emergency involving employees with a record of meritorious service, who through serious or protracted illness have used up all accumulated personal leave, extended disability leave, vacation leave, and compensatory time off, an extension of extended disability leave beyond the maximum provided in this resolution may be granted by the City Council. The resultant deficit will be repaid promptly through application of future personal and extended disability leave accruals. 25.3 Employees will contribute twenty percent (20%) of their total accrued personal leave hours on November 1st of each year beginning in November of 2007 which will be put into the State of Minnesota's Post Retirement Health Care Savings Plan(s) in their account/name. 25.4 Upon separation from employment with the City, an employee will put all unused vacation and personal leave, hours for hours, into the State of Minnesota's Post Retirement Health Care Savings Plan(s). ARTICLE 26. FUNERAL LEAVE All permanent employees, both full-time and part-time, may attend the funeral of their spouse, mother, father, children, brother, sister, mother-in-law, father-in-law, grandparent, brother-in- law, sister-in-law, son- in-law, daughter-in-law, and grandchild as paid Funeral Leave. Such funeral leave shall not exceed twenty- four (24) hours and shall not be counted as sick leave. ARTICLE 27. VACATION 147 12 27.1 Time is accrued according to the following schedule: Eighty (80) hours after one (1) year service; and eighty (80) hours per year through four (4) years of service; One hundred twenty (120) hours per year after five (5) years of service and one hundred twenty (120) hours per year through nine (9) years of service; Eight (8) additional hours per year after ten (10) years of service with a maximum of one hundred sixty (160) after fifteen (15) years of service. 27.2 Employees may accrue vacation leave not to exceed a maximum of two hundred (200) hours. 27.3 No employees shall be permitted to waive vacation for the purpose of receiving double pay. ARTICLE 28. INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee regular pay and Worker Compensation insurance payments for a period not to exceed one hundred twenty (120) working days per injury, not charged to the employee vacation, sick leave or other accumulated paid benefits. ARTICLE 29. NATIONAL TEAMSTERS D.R.I.V.E. (Democratic/Republican//Independent Voter Education) Upon receipt of a properly executed voluntary authorization card from an employee, the City will deduct from the employee's salary such amounts as the employee authorizes to pay National Teamsters D.R.I.V.E. Any start-up costs will be reimbursed by the Union. ARTICLE 30. EDUCATIONAL INCENTIVE 30.1 Certification/License are paid on a straight time basis. Monthly payments for certification shall be as follows: MPCA Underground Storage Tank Operator $20.00 Pesticide Applicator License $20.00 Roads Scholar Certification (LTAP) $20.00 Tree Inspector Certification $20.00 Waste Water Operator Certification S-C $20.00 Waste Water Operation Certification D $20.00 30.2 The City reserves the ability to limit the number of compensated certifications/ licenses covered under Article 30. ARTICLE 31. DURATION This Agreement shall be effective as of January 1, 2022 and shall remain in full force and effective until December 31, 2023. 148 13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 18th day of January,2022. CITY OF MENDOTA HEIGHTS MINNESOTA TEAMSTERS LOCAL NO. 320 Mayor Martin Goff, Business Agent City Administrator Steward City Clerk 149 14 APPENDIX A CITY OF MENDOTA HEIGHTS DRUG/ALCOHOL TESTING POLICY (Adopted: ) The City of Mendota Heights (hereinafter "City" or "Mendota Heights") values its employees and citizens, and recognizes the need for a safe, productive and healthy work environment. Employees who abuse drugs and/or alcohol are less productive, less dependable, and are a critical threat to the safety, security and welfare of themselves, fellow employees, vendors, and citizens. It is the policy to the City Mendota Heights to maintain a workplace free from the use and abuse of drugs and alcohol. The City of Mendota Heights will require that all employees and applicants participate in, consent and comply with the terms of this Policy as a condition of employment and continued employment. If questions arise regarding this Policy, please direct them to the City Administrator. As part of its continuing effort to protect health, safety and security, the City of Mendota Heights has adopted a drug/alcohol testing policy in accordance with Minnesota law, as follows: 1.The use, sale, possession, or transfer of drugs or alcohol are strictly prohibited by all employees and job applicants on City property, and at all times while City property is in use. 2.All employees and job applicants are subject to urinalysis or blood testing for the presence of drugs and/or alcohol, in accordance with this Policy. 3.Job applicants will be tested after an offer of employment has been made in each case, contingent upon the applicant's successful completion of the testing, and after the applicant has reviewed and completed the Pre-Testing Acknowledgement form, which will be supplied by the City. 4.The City of Mendota Heights employees will be subject to testing when there is reasonable suspicion that: •They are under the influence of drugs or alcohol; or •They have violated the policy set forth in Paragraph 1 above; or •They have sustained a personal injury, or they have caused another employee to sustain a personal injury; or •They have caused a work-related accident, or were operating or helping to operate any machinery, equipment, or vehicle involved in a work-related accident. 5.Any employee who has been referred for chemical dependency treatment or evaluation, or is participating in treatment under an employee benefit plan, may be required to submit to testing during the course of participation in the evaluation or treatment, and for a period of two years following the completion of any prescribed chemical dependency treatment program. 150 15 6.Any employee or job applicant may refuse to submit to testing to be conducted pursuant to this Policy, but refusal will result in the following consequences: •As to any job applicant: an immediate withdrawal of the pending job offer; •As to any employee: discipline or termination of employment, at the sole discretion of management. 7.All testing will be conducted in accordance with the following procedures: •Each person to be tested will complete, sign and date a Pre-Testing Acknowledgment form supplied by the City. •Each test will be conducted by a laboratory which is authorized by law to conduct such tests, and which confirms to the City of Mendota Heights that its procedures are in accordance with Minnesota law. •All samples which test "positive" on an initial screening test will be subjected to a confirmatory retest by the laboratory, before the results are reported to the employee or job applicant; •Results will be reported to each employee and job applicant in writing within three (3) working days of the receipt of the results by the City. •Any employee or job applicant may submit additional information for the purpose of explaining such test results, or may request a confirmatory retest at his or her own expense. Any such additional information or request for a retest must be submitted in writing to the City Administrator of Mendota Heights within five (5) working days after notice of the results of the test. A positive result on the final confirmatory retest pursuant to this Policy will result in the following consequences: a). Employee on the first incident: the requirement, as a condition of employment, that the employee successfully complete a drug or alcohol counseling or rehabilitation program selected by the City, at the employee's expense, or under an employee benefit coverage program. b). Employee on the second or subsequent such incident: discipline or termination from employment, at the sole discretion of the City. All tests employees will be entitled to receive a copy of the laboratory document which certifies the test results. 151 152 REQUEST FOR COUNCIL ACTION DATE: January 18, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Authorize Purchase Order for Northland Drive Lift Station Pump Replacement INTRODUCTION The Council is asked to authorize a purchase order for replacing a pump at the Northland Drive lift station. BACKGROUND Mendota Heights owns and operates six lift stations each with redundant pumps. The pumps vary is size depending on the amount of flows and height required to pump to. DISCUSSION The Northland Drive lift station has two pumps which alternate use to move 100 gallons per minute of wastewater with 59 feet of head pressure. One of the two pumps is in need of replacement. Staff solicited two quotes for this service. The low quote from Electric Pump out of New Prague is for a total fee of $13,742.75. The second quote had a total cost of $14,987. BUDGET IMPACT The pump replacement would be funded through the sanitary sewer utility fund which has an adequate balance to complete this repair. There is $15,000 budgeted for lift station maintenance. RECOMMENDATION Staff recommends that the Council authorize the purchase order for the Northland Drive lift station pump replacement. ACTION REQUIRED If Council agrees with the staff recommendation, authorize staff to execute a purchase order for the Northland Drive lift station replacement to Electric Pump for $13,742.75. This action requires a simple majority vote. 153 6h. 154 Request for City Council Action DATE: January 18, 2022 TO: Mayor and City Council, City Administrator FROM: Meredith Lawrence, Recreation Program Coordinator SUBJECT: Amendment to the Picnic Shelter Reservation Policy INTRODUCTION The City Council is asked to approve an amendment to the City’s Picnic Shelter Reservation Policy. BACKGROUND The City has six parks with picnic shelters available for the public to rent. In 2021, the City permitted 81 picnic shelter reservations. On January 15, 2019 the City Council approved the Mendota Heights Picnic Shelter Reservation Policy. At the end of the 2021 season staff reviewed the Picnic Shelter Reservation Policy and have the following recommendations: •Increase the number of days a permit request needs to be submitted in advance of a desired date of the event from two to seven days •Clarify the application deadline for Picnic Shelter Reservations •Quantify the number of picnic tables each facility will provide per reservation The recommendation to increase the number of days required to submit a permit request in advance of a desired date is based on the timeframe needed for staff to process requests. Recreation Admin staff work closely with Public Works Parks Maintenance staff to ensure picnic shelters are clean and presentable to renters. In order to ensure proper staffing and adequate park tables are in place, staff would like a cushion to ensure this process is smooth. The existing policy neglects to clarify the application deadline for Picnic Shelter Reservations. By including the current practice of the March deadline, the process will be more equitable for those requesting permits. Recently, a common question staff receive from potential renters is regarding the number of picnic tables provided at each site per reservation. By quantifying the number of picnic tables at each facility, the picnic shelter reservation process should be clearer. 155 6i. These staff recommendations were brought to the Parks and Recreation Commission meeting on January 11, 2022 for review. The Commission felt that seven days was too many days in advance of a picnic shelter reservation date to require a request be submitted, so the Commission recommended five days instead. The Parks and Recreation Commission also requested the language in the application deadline portion of the policy be worded differently to encompass reservations that do not come in on the initial due date. The Commission’s recommended language is included in the draft policy included in the packet. Attachment: Picnic Shelter Reservation Policy BUDGET IMPACT None. ACTION RECOMMENDED The Parks and Recreation Commission recommends the City Council approve the revised Mendota Heights Picnic Shelter Reservation Policy, as attached. ACTION REQUESTED If the City Council concurs, it should, by motion, approve the amended Mendota Heights Picnic Shelter Reservation Policy, as attached. 156 CITY OF MENDOTA HEIGHTS PICNIC SHELTER RENTAL POLICY CONTACT: Mendota Heights Parks and Recreation 1101 Victoria Curve Mendota Heights, MN 55118 651-452-1850 APPROVED: January 15, 2019 REVISED: January 18, 2022 157 Page 2 City of Mendota Heights Picnic Shelter Rental Policy A.Purpose The City of Mendota Heights, hereinafter referred to as the “City”, coordinates and issues permits for the use of picnic shelters owned by the City. The purpose of this policy is to establish guidelines to promote orderly and effective use and enjoyment of City picnic shelters and parks. B.Picnic Shelter Use Permits Picnic shelter permits are issued following the City’s picnic shelter permit process. A permit is issued only after a 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. Permit applicants must be 18 years of age or older. Requests may be submitted throughout the year and will be considered on a first come, first serve basis. Permit requests shall be submitted at least two five(25) days in advance of the desired date of the event. Application forms will be made available at City Hall or on the City’s website The City reserves the right to deny, limit or revoke use permits based upon an applicant’s performance history including compliance with the terms and conditions of use, park shelter conditions after use, and unruly behavior of participants and guests. C.Application Deadline Permits will be issued throughout the year based on the following timeline: •Permit requests for use during the calendar year shall commence the first business day in March, thereafter, on a first come, first serve basis for all interested parties. C.D. Terms and Conditions of Use •The permit holder is required to be on-site during the entire event including set-up and clean-up of the event. A copy of the issued permit must be retained during the entire time of the rental and shown upon request. •Picnic shelter reservations are for the picnic area only. Users that have a permit are allowed to use the permitted picnic shelter space, but public park areas including playgrounds, hard court surfaces, and grassy areas will remain open for use by the public and therefore cannot be reserved, roped off or otherwise restricted from use by the public. 158 Page 3 •Reasonable decorating of the shelter is allowed. Temporary objects, signs, banners and other materials must be removed from City property at the conclusion of the event. Users are not allowed to attach objects to trees, shrubs or park features. •The use of inflatable play equipment and similar items are prohibited in City parks. Water activities that can cause damage to the facility and/or grounds are not permitted. •All users of City park shelters and areas are expected to leave the area(s) in the same or better condition than which it was found. 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. D.E. Non-Use of Reserved Picnic Shelters When permits are issued, a specific picnic shelter is reserved for the user, to the exclusion of others. Recognizing this exclusivity, users should only reserve the picnic shelter intended for use. Any user that has reserved a picnic shelter and subsequently determines that it cannot use it shall notify the City so that the shelter may be used by another user or the general public. E.F. 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 picnic shelters. For each application submitted, an application fee shall be assessed. Picnic shelter 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 picnic shelter must pay the appropriate fee per the City fee schedule. Payments for permits must be received in advance of the start of the reservation. Payments can be made by cash, check or credit/debit card. Additional fees may be charged based on the size of the group and the additional facilities requested such as a picnic tables. All picnic shelters will have at least four picnic tables available for use. F.G. Cancellation Policy The City attempts to be flexible in accommodating user groups, but ultimately, the health and safety of the user and the condition of a park and picnic shelter takes priority. This may require the closure of picnic shelters, denial of use of picnic shelter, and/or the assignment of an alternate site for use. Picnic shelter closures will be communicated to permit holders by the Recreation Program Coordinator. Permits cancelled by the City of Mendota Heights may be rescheduled as 159 Page 4 availability allows, or may be refunded in full. Permits cancelled due to non-adherence with the picnic shelter use policy, City Ordinances, or terms and conditions of use will not be refunded. If the user cancels the event due to inclement weather, the permit holder should contact the City to reschedule the event. There shall be no refunds for weather-related cancellations. However, the permit holder may request to reschedule the event during the same calendar year at no additional charge. Reservations which are cancelled more than seven (7) days in advance will receive a 100% refund. Reservations that are cancelled less than seven (7) days in advance will not be entitled to a refund. The application fee is non-refundable regardless of the date cancelled. G.H. City Contact All communication with the Recreation Program Coordinator must be made through the permit holder. This eliminates confusion and establishes direct, efficient communication. Users should report any damage, accidents, dangerous or unsafe conditions to: City of Mendota Heights- Recreation Program Coordinator Phone: 651-255-1354 or 651-452-1850 (Monday – Friday from 8:00 am to 4:30 pm) After Hours Phone: 651-302-3301 Email: meredithl@mendota-heights.com mlawrence@mendotaheightsmn.gov 160 Request for City Council Action DATE: January 18, 2022 TO: Mayor and City Council, City Administrator FROM: Meredith Lawrence, Recreation Program Coordinator SUBJECT: November Par 3 Financial Report INTRODUCTION The City Council is asked to acknowledge the November Par 3 Financial Report. BACKGROUND Attached is the November Par 3 Financial Report. In the month of November, the course had a total of 257 rounds of golf played. For November, the Par 3 had a total of $2,697 in monthly revenue. The 2021 year-to-date revenue total including November is $243,836. The course’s November expenditures totaled $12,000. The year-to-date expenditure total is $204,623. As of now the course is showing a $39,213 operating surplus. RECOMMENDATION Staff recommends that the Mendota Heights City Council acknowledge the November Par 3 Financial Report. ACTION REQUIRED If the Council concurs, it should, by motion acknowledge the November Par 3 Financial Report. 161 6j. MONTHLY EXPENDITURE REPORT NOVEMBER 2021 MENDOTA HEIGHTS PAR 3 BUDGET TO ACTUAL REPORT November 2021 (91.67% OF YEAR) Nov REVENUES Nov YTD YTD YTD BUDGET 2021 2021 %2020 GREENS, LEAGUE & TOURN FEES $100,000 $2,323 $167,782 167.78%$150,063 RECREATION PROGRAMS $35,000 $0 $49,488 141.39%$23,251 CONCESSIONS $19,000 $325 $25,295 133.13%$0 SUNDRY REVENUE $0 $50 $1,271 0.00%$195 INTEREST $450 $0 $0 0.00%$0 INSURANCE CLAIM $0 $0 $0 0.00%$0 PAR 3 FUND REVENUE TOTAL $154,450 $2,697 $243,836 157.87%$173,509 EXPENDITURES Nov YTD YTD YTD BUDGET 2021 2021 %2020 CLUBHOUSE SALARIES $34,300 $1,961 $43,031 125.46%$20,528 ADMINISTRATIVE SALARIES $24,676 $1,295 $20,679 83.80%$20,720 FICA/PERA $10,596 $592 $9,583 90.44%$6,731 MEDICAL INSURANCE $6,653 $554 $6,098 91.66%$6,098 U/E & W/C INSURANCE $2,750 $21 $3,238 117.76%$3,302 RENTALS $4,750 $144 $5,138 108.17%$1,787 UTILITIES $13,945 $1,339 $11,645 83.51%$9,361 PROFESSIONAL FEES - AUDIT $2,850 $0 $2,850 100.00%$2,866 PROF FEES - CONSULTING FEES $1,100 $0 $0 0.00%$0 PROF FEES - GROUNDS MGMT $4,500 $0 $0 0.00%$0 PROF FEES - GROUNDS WAGES $22,000 $1,112 $22,513 102.33%$18,129 PROF FEES - TREE MAINTENANCE $1,500 $0 $909 0.00%$0 ADVERTISING/NEWSLETTER $0 $0 $0 0.00%$0 LIABILITY/AUTO INSURANCE $4,800 $806 $4,804 100.08%$4,645 OPERATING COSTS/SUPPLIES $7,650 $0 $9,592 125.38%$3,095 FUEL $1,750 $49 $1,663 95.05%$965 REPAIRS & MAINTENANCE $39,350 $3,710 $47,429 120.53%$30,035 SUNDRY/DUES/MILEAGE/CLOTHING $4,500 $6 $8,702 193.38%$838 CONTINGENCY $0 $0 $0 0.00%$0 ONLINE REG & CREDIT CARD FEES $4,275 $410 $6,748 157.84%$7,232 PAR 3 EXPENDITURES TOTAL $191,945 $12,000 $204,623 106.60%$136,332 1/12/2022 162 1/3/2022 Mendota Heights Building Activity Report Mike Andrejka, Building Official December 1, 2021 thru December 31, 2021 January 1, 2021 thru December 31, 2021 January 1, 2020 thru December 31, 2020 January 1, 2019 thru December 31, 2019 Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected SFD 0 -$ $0.00 SFD 15 12,311,440.00$ $123,336.30 SFD 9 5,137,935.00$ $56,193.41 SFD 10 7,332,528.00$ 74,744.20$ Apartment 0 -$ $0.00 Apartment 0 -$ $0.00 Apartment 1 14,000,000.00$ $95,628.64 Apartment 1 9,135,000.00$ 63,519.64$ Townhouse 0 -$ $0.00 Townhouse 2 1,000,000.00$ $8,641.88 Townhouse 0 -$ $0.00 Townhouse 0 -$ -$ Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ -$ Misc 27 468,034.00$ 7,634.31$ Misc 810 16,748,265.54$ 217,956.35$ Misc 750 10,879,801.54$ 142,892.99$ Misc 671 9,968,102.92$ 162,952.24$ Commercial 3 126,500.00$ $2,230.39 Commercial 24 16,088,691.73$ $144,532.70 Commercial 18 1,641,796.00$ $16,407.94 Commercial 25 11,946,972.00$ 52,276.28$ Sub Total 30 594,534.00$ 9,864.70$ Sub Total 851 46,148,397.27$ 494,467.23$ Sub Total 778 31,659,532.54$ 311,122.98$ Sub Total 707 38,382,602.92$ 353,492.36$ Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Plumbing 22 $2,734.00 Plumbing 245 $25,921.40 Plumbing 186 $19,346.22 Plumbing 225 31,970.35$ Water 0 $0.00 Water 0 $0.00 Water 0 $0.00 Water 0 -$ Sewer 3 $225.00 Sewer 30 $2,251.00 Sewer 18 $1,350.00 Sewer 17 1,275.00$ Mechanical 33 $7,064.49 Mechanical 417 397.00$ $53,844.58 Mechanical 356 $37,084.44 Mechanical 320 41,238.86$ Sub Total 58 10,023.49$ Sub Total 692 82,016.98$ Sub Total 560 $57,780.66 Sub Total 562 74,484.21$ License No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Contractor 0 $0.00 Contractor 0 $0.00 Contractor 0 $0.00 Contractor 304 15,200.00$ Total 88 594,534.00$ 19,888.19$ Total 1543 46,148,397.27$ 576,484.21$ Total 1338 31,659,532.54$ 368,903.64$ Total 1573 38,382,602.92$ 443,176.57$ NOTE: All fee amounts exclude SAC, WAC and State Surcharge. Amounts shown will reflect only permit, plan review fee and valuation totals 163 6k. 1646l. 165 166 167 168 169 170 171 172 173 174 175 176 Request for City Council Action DATE: January 18, 2022 TO: Mayor Levine and City Council; City Administrator Jacobson FROM: Tim Benetti, Community Development Director SUBJECT: Resolution No. 2022-08 / Planning Case No. 2021-22 MRCCA Permit for 796 Sibley Memorial Hwy. INTRODUCTION City Council is asked to adopt a resolution approving a Mississippi River Corridor Critical Area (MRCCA) Permit to construct a new single family dwelling on land situated in the MRCCA Overlay District. BACKGROUND Michael and Theresa Swiggum are seeking approval to build a new single-family dwelling on a vacant lot located at 796 Sibley Memorial Highway. The subject lot consists of 1.08 acres; is rectangular and somewhat narrow in shape with an approximate depth of 610-feet from the front roadway. The new residence is proposed as a 1.5 story, modern architecture designed dwelling, with an attached 3-car garage, consisting of over 5,019 sq. ft. of building area. On December 28, 2021, the Planning Commission held a public hearing on this item, whereby a planning report was presented and received by the commission, and comments from the Applicant and public were allowed. A recommendation was made to have the applicants submit a revised site plan that illustrated the correct layout and alignment of the new driveway; along with additional information (proposed trees and plantings) with the landscaping plan. The revised site plan and landscape plan are included with this report. A copy of the 12/28/2021 planning staff report and meeting minutes are appended to this memo. RECOMMENDATION The Planning Commission recommended favorably (5-2 vote) to approve the MRCCA permit to allow for the new single-family dwelling, with certain conditions and findings-of-fact supporting said approval. DISCUSSION The City can use its quasi-judicial authority when considering action on certain land use or zoning decisions, such as this critical area permit, and has broad discretion. A determination regarding whether or not the request meets the applicable code standards is required. 177 9a1. ACTION REQUESTED If the City Council wishes to affirm the recommendation from the planning commission, and there are no other issues related to this application, it may make a motion to adopt RESOLUTION NO. 2022-08 APPROVING A (MISS. RIVER CORRIDOR CRITICAL AREA (MRCCA) PERMIT FOR THE PROPERTY LOCATED AT 796 SIBLEY MEMORIAL HIGHWAY. 178 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-08 RESOLUTION APPROVING A MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) PERMIT FOR 796 SIBLEY MEMORIAL HIGHWAY [PLANNING CASE NO. 2021-22] WHEREAS, Michael and Theresa Swiggum (the “Applicant / Owner”) requests approval of a Mississippi River Corridor Critical Area (MRCCA) Permit as proposed under Planning Case No. 2021-22, and for the property located at 796 Sibley Memorial Highway, legally described in attached Exhibit A; and WHEREAS, the Subject Property is guided LR-Low Density Residential in the 2040 Comprehensive Plan, is located in the R-1 One Family Residential District, and situated in the Mississippi River Corridor Critical Area Overlay District; and WHEREAS, pursuant to City Code Title 12-3-1: Mississippi River Corridor Critical Area Overlay District, a critical area (MRCCA) permit is required for all development activities necessitating a building permit or special zoning approval, and the Applicant is seeking permission to construct a new single-family residential dwelling, subject to the requirements of the applicable zoning district and related Mississippi River Corridor Critical Area Overlay District standards; and WHEREAS, on December 28, 2021, the Mendota Heights Planning Commission conducted a public hearing on the proposed MRCCA Permit application, and whereupon closing the hearing, recommended favorably (5-2 vote) to approve the MRCCA Permit, which would allow the Applicant to construct a new single-family dwelling in the city’s MRCCA Overlay District, with certain conditions and finding-of-fact to support said approval. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the MRCCA Permit proposed under Planning Case No. 2021-22, may be approved, based on the following findings of fact: 1.The proposed single-family dwelling project meets the general purpose and intent of the new Mississippi River Corridor Critical Area (MRCCA) Overlay District. 2.The proposed work and disturbance to construct this new single-family dwelling is deemed minimal, reasonable and within the spirit and intent of the MRCCA Overlay District. 3.The proposed single family dwelling will not be detrimental to the health, safety or general welfare of the community; should not cause any serious traffic congestion nor hazards; will not seriously depreciate surrounding property value; and said use appears to be in harmony with the general purpose and intent of the City Code and the Comprehensive Plan. 179 9a2. Res. 2022-08 Page 2 of 3 4.The overall construction of this proposed residential home will comply with all standards and regulations of the Mississippi River Corridor Critical Area Overlay District and Zoning Ordinance and other applicable ordinances; represents reinvestment in a residential neighborhood that is consistent with the Comprehensive Plan’s goals for residential land uses; fits well with the current developed character of the neighborhood; and will be a nice addition to the neighborhood. BE IT FURTHER RESOLVED by the Mendota Heights City Council, that the new MRCCA Permit proposed under Planning Case No. 2021-22, which would allow the construction of a new single-family dwelling in the city Mississippi River Corridor Critical Area Overlay District, located at 796 Sibley Memorial Highway, is hereby approved with the following conditions: 1. A building permit, including all new grading and drainage work, must be approved by the City of Mendota Heights prior to the commencement of any new construction work. 2.Full erosion and sedimentation measures will be put in place prior to and during grading and construction work activities. 3.All grading and construction activity will be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. 4.Any new tree or landscaping materials provided on this site must meet the city’s list of Native Plantings and Pollinator Friendly trees and vegetation. 5.All work on site will only be performed between the hours of 7:00 AM and 8:00 PM Monday through Friday; 9:00 AM to 5:00 PM weekends. 6.All disturbed areas in and around the project site shall be restored and have an established and permanent ground cover immediately after the dwelling project is completed. Adopted by the City Council of the City of Mendota Heights this 18th day of January, 2022 CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Stephanie Levine, Mayor ATTEST: ________________________________ Lorri Smith, City Clerk 180 Planning Staff Report DATE:December 28, 2021 TO:Planning Commission FROM:Tim Benetti, Community Development Director SUBJECT:Planning Case No. 2021-22 MRCCA-CRITICAL AREA PERMIT APPLICANT:Michael & Theresa Swiggum PROPERTY ADDRESS:796 Sibley Memorial Highway ZONING/GUIDED:R-1 One Family Residential/LR Low Density Residential ACTION DEADLINE:February 2, 2022 INTRODUCTION The Swiggum’s are seeking approval of a new Miss. River Corridor Critical Area (MRCCA) Permit to construct a new single-family dwellingonproperty, located at 796 Sibley Memorial Highway. The property is situated in the Mississippi River Corridor Critical Area Overlay District. This item is being presented under a duly noticed public hearing process. A notice of hearing was published in the Pioneer Press; and notice letters were mailed to all owners within 350-feet of the subject property. The city has not received any objection or comments related to this application. BACKGROUND The subject lot is legally described as Lot 6, Goodrich Happy Hollow and consists of 1.08 acres. The lot is rectangular and somewhat narrow in shape, and extends towards the back wooded bluff area by approximately 610-feet in depth (see aerial image – right). The westerly half-section of subject site is fairly level with even grades coming off Sibley Memorial Highway, but the property begins a dramatic upward slope towards the back half of the property, going form 810 feet to roughly 860 feet in elevation. The property is fairly wooded with a variety of mature trees, along with some sections of volunteer and invasive vegetation (buckthorn, box elder and others) scattered throughout the site. 181 9a3. Planning Case #2021-22 (Swiggum) Page 2 The property is situated in the R-1 One Family Residential zone, and is in the SR - Separated by River district within the Mississippi River Corridor Critical Area Overlay District. This is an existing lot of record, which has been vacant for a few years. In 2017, a local developer/contractor submitted application for a Critical Area Permit and Conditional Use Permit on the subject property, which at that time contained an existing two-story, 3,432 sq. ft. single- family dwelling that straddled the two parcels, owned (then) by James Hanson. The City Council later adopted Resolution No. 2017-58 (08/01/2017), which approved an initial Critical Area Permit to the developer authorizing the demolition and removal of the old Hanson home; minor grading and leveling work, and some limited vegetation removal on the two lots. Most of this preliminary work was to prepare the two parcels for two new house pads to be designed and constructed by the developer/contractor. The following year, and upon a favorable recommendation from the Planning Commission at the February 18, 2018 meeting, the City Council adopted Resolutions Nos. 2018-23 and 24 (03/18/2018) approving two additional critical area permits to the original developer/contractor, which would have allowed for two new single family homes to be built on each lot at 796 Sibley Memorial Hwy. and 1224 Wachtler Avenue. The developer/contractor later elected not to build the new homes, and the lots went back on the marker for sale. The now vacant 1224 Wachtler Avenue lot was later purchased by the homeowners to the south (who wish to keep it undeveloped at this time); while the Swiggum family purchased the remaining lot to build their new home, and have been waiting for the new MRCCA Ordinance to be adopted in order to proceed with their new home development. The new Swiggum Residence will be new 1.5 story, modern architecture designed dwelling, with an attached 3-car garage, and consisting of over 5,019 sq. ft. of building area (see image – below). The old home and driveway was calculated with 7,861-sq. ft. of impervious area; while the new home and adjusted bituminous (driveway) areas are shown with 6,301 sq. ft. of impervious area, which is a reduction of 1,560-sq. ft. of hard surfaced areas from old vs. new. The survey/site plan calls for the home to have a front setback of over 100-ft. from SMH; 14.72-ft. from the north (side) lot line, 10-ft. from the south (side) lot line, and well over 400-ft. from the back /rear line. The plans call for the additional removal of a four (4) trees on the site, which include two 10” maples, one 16” maple and one 10” ash. The grading plan calls for drainage around and away from the new home structure, which is intended to be directed out near the front towards Sibley Highway; while most of the rear yard area will be drained further into the back of the lot and towards a new drainage basin/rain-garden like feature behind the new home. 182 Planning Case #2021-22 (Swiggum) Page 3 The survey/site plans show a small are of “Slopes Greater than 18%” – but this area is not affected or will be impacted by this new construction or removal of the nearby old bituminous driveway material. ANALYSIS Critical Are Permit As the Planning Commission is aware, with the recent 2040 Comprehensive Plan update, the city included a new Chapter 11 – Miss. River Corridor Critical Area Plan. This plan set the beginning stages for the City of Mendota Heights to update its own Critical Area Overlay District Ordinance found under City Code Title 12-3-1. On September 23, 2021, the City Council adopted Ordinance No. 568, which essentially replaced old Title 12-3-1 with a new Mississippi River Corridor Critical Area (MRCCA) Overlay District ordinance. The new ordinance provides for new rules and standards for new developments, which may include a Site Plan, Land Alteration and Vegetation Management permit. Per Code Sect. 12-3-12, the site plan must include a detailed survey, location of any existing and proposed structures, existing and proposed contours; a new stormwater management plan; descriptions of soils and types; a tree removal and landscape (replacement) plan, and other features. The Survey/Site Plan must also include the location of any bluffs or steep sloped areas, which may include any Bluff Impact Zones (BIZ) or Shore Impact Zones (SIZ) on the lot. The plan must also identify or map out any Significant Vegetative Stands, Vegetation Restoration Priority Areas or Native Plant Communities. This subject property does contain a bluff identified on the survey/site plans, which is situated on the far reaches of the lot. The new home is setback approximately 180-feet from the line identified where “Slopes Greater than 18%” begin, and almost 300-ft. from where the “Toe of Bluff Line” is identified. Due to the readily available space for development along the front half of the lot; the fact the front half is fairly level and does not contain any slopes greater than 18%; and since the bluff line and bluff impact zone(BIZ) are far enough away from the home, makes this front section of the parcel ideal for this type of small, residential development in the MRCCA. Although the city’s mapping identifies Significant Vegetative Stands, Vegetation Restoration Priority Areas or Native Plant Communities adjacent to the property, these areas are situated primarily on the bluff areas along the rear area of this parcel and other surrounding properties. The plans clearly shows this bluff area and significant areas will not be impacted or affected by any construction activities associated with the new home or other related site improvements. As stated previously, the plans call for the removal of a four (4)trees on the site. The plans noted that up to twenty (20) “high-value” trees were inventoried in and around the proposed construction or disturbed areas, meaning 16 will be saved under this new plan. The plans further note tree replacement will take place after the home is constructed. Staff will ensure any new tree or vegetation will meet or comply with Native Plantings List or comply with Pollinator Friendly policy of the city. The construction of this new residential dwelling will comply with all standards and regulations of the Zoning Ordinance. The Applicant must demonstrate the development of this site will not impact neighboring residential properties, and must ensure that proper and positive drainage is maintained during and after construction of the new home. The Applicants have submitted a detailed Grading Plan and Hydrology Plan, which includes information on soils, soil types, and proposed drainage features and their related calculations. The city’s Public Works Director/City Engineer has reviewed these plans and does not have any additional comments or recommendations on these plans. City staff feels this Survey and Site Plan submitted under this new MRCCA/Critical Area Permit appears to be in order; and the information provided is complete and appears to be accurate and acceptable for on- 183 Planning Case #2021-22 (Swiggum) Page 4 site storm management under this proposed land development. Final grading and development plans will be reviewed as part of the future building permit process. For all intents and purposes, approving this critical area permitand allowing construction of this new single- family dwelling at this location should have little, if any effect upon the Mississippi River Critical Area or the surrounding neighborhood and environment. INTERAGENCY REVIEW Under the MRCCA Ordinance, the city is required to give Dept. of Natural Resources (DNR) and the National Park Service (NPS) at least 20-day notice of any new MRCCA-Critical Area Permit application requests. These notices were emailed (12/09/2021) directly to the appropriate staff; and the City received replies from both reviewing agencies indicting no issues, comments or recommendations as part of this MRCCA application. ALTERNATIVES 1. Approve the MRCCA-Critical Area Permit request for 796 Sibley Memorial Highway, which would allow the construction of a new single-family dwelling, based on the findings-of-fact that the proposed project is compliant with the policies and standards of the MRCCA Overlay District and City Zoning Code standards, with certain conditions; or 2.Deny the MRCCA-Critical Area Permit request for 796 Sibley Memorial Highway, based on the revised or amended findings-of-fact that the application does not meet certain policies and standards of City Code as determined by the Planning Commission; or 3. Table the request; direct staff to work with the Applicants and allow them more time to refine the site plan for the property, and extend the application review period an additional 60 days, in compliance with MN STAT. 15.99. STAFF RECOMMENDATION Staff recommends approval of the MRCCA-Critical Area Permit request for 796 Sibley Memorial Highway (Alternative No. 1), with the following conditions: 1. A building permit, including all new grading and drainage work, must be approved by the City of Mendota Heights prior to the commencement of any new construction work. 2. Full erosion and sedimentation measures will be put in place prior to and during grading and construction work activities. 3. All grading and construction activity will be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. 4. Any new tree or landscaping materials provided on this site must meet the city’s list of Native Plantings and Pollinator Friendly trees and vegetation. 5.All work on site will only be performed between the hours of 7:00 AM and 8:00 PM Monday through Friday; 9:00 AM to 5:00 PM weekends. 6.All disturbed areas in and around the project site shall be restored and have an established and permanent ground cover immediately after the dwelling project is completed. 184 Planning Case #2021-22 (Swiggum) Page 5 FINDINGS-OF-FACT FOR APPROVAL MRCAA -Critical Area Permit for 796 Sibley Memorial Highway The following Findings of Fact are made in support of approval of the proposed requests: 1. The proposed single-family dwelling project meets the general purpose and intent of the new Mississippi River Corridor Critical Area (MRCCA) Overlay District. 2. The proposed work and disturbance to construct this new single-family dwelling is deemed minimal, reasonable and within the spirit and intent of the MRCCA Overlay District. 3.The proposed single family dwelling will not be detrimental to the health, safety or general welfare of the community; should not cause any serious traffic congestion nor hazards; will not seriously depreciate surrounding property value; and said use appears to be in harmony with the general purpose and intent of the City Code and the Comprehensive Plan. 4. The overall construction of this proposed residential home will comply with all standards and regulations of the Mississippi River Corridor Critical Area Overlay District and Zoning Ordinance and other applicable ordinances; represents reinvestment in a residential neighborhood that is consistent with the Comprehensive Plan’s goals for residential land uses; fits well with the current developed character of the neighborhood; and will be a nice addition to the neighborhood. 185 774 1275 788 796 1268 1256 782 1238 1223 1232 1316 1284 1300 1312 1297 1291 1220 746 1235 740 745 1308 1245 1309 754 1294 741 1320 736 131313161321 739 739 WACHTLER AVESIBLEY MEMORIAL H WY KNOLLWO OD LNME DO R A R D KN O L L W O O D C T 796 SIBLEY MEMORIAL HWY MENDOTA HEIGHTS, MN MRCCA MAP City of Mendota Heights0190 SCALE IN FEET Legend MRCCA Districts CA-RN CA-ROS CA-RTC CA-SR Water MRCCA Bluff Impact Zone Municipal Boundary Water Date: 12/6/2021 186 35E494 35E 494 55 55 55 62 555 55 110 5 Eagan Fort Snelling (unorg.) Lilydale Mendota Mendota Heights St. Paul West St. Paul M innesotaRi verM in n e so ta R iv e rMississippi River M is s i s s i p p i R i v e rCounty Boundaries City and Township Boundaries NCompass Street Centerlines Mississippi River Corridor Critical Area - Native Plant Communities and Significant Existing Vegetative Stands 01230.5 Miles City of Mendota Heights, Dakota County MRCCA Boundary DNR Native Plant Communities MRCCA Significant Existing Vegetative Stands 796 Sibley Memorial Hwy. (approx. location) 187 35E494 35E 494 55 55 55 62 555 55 110 5 Eagan Fort Snelling (unorg.) Lilydale Mendota Mendota Heights St. Paul West St. Paul County Boundaries City and Township Boundaries NCompass Street Centerlines Mississippi River Corridor Critical Area - Vegetation Restoration Priorities 01230.5 Miles City of Mendota Heights, Dakota County MRCCA Boundary DNR Native Plant Communities & Significant Existing Vegetative Stands Vegetation Restoration Priorities (Bulff and shore impact zones, floodplains and wetlands not already covered by native plant communities and significant existing vegetative stands) 796 Sibley Memorial Hwy. (approx. location) 188 NOTES1.) NO CONSTRUCTION MAY BEGIN UNTIL EROSION AND SEDIMENT CONTROLS ARE IN PLACE AND APPROVED BY THE CITY OF MENDOTA HEIGHTS.2.) NO CONSTRUCTION MAY BEGIN UNTIL A PRECONSTRUCTION MEETING IS HELD WITH THE CITY OF MENDOTA HEIGHTS.3.) PREVAILING SPECIFICATIONS: CITY OF MENDOTA HEIGHTS, MN MUTCD, MNDOT SPECIFICATIONS, CEAM SPECIFICATIONS.4.) NO CHANGES SHALL BE MADE TO APPROVED PLANS WITHOUT WRITTEN CONSENT OF THE CITY OF MENDOTA HEIGHTS.5.) ONLY CITY OF MENDOTA HEIGHTS EMPLOYEES ARE PERMITTED TO OPERATE VALVES AND HYDRANTS.6.) ELEVATIONS FOR CONNECTING TO EXISTING STUBS FOR SANITARY SEWER, WATER, AND STORM SEWER WILL NEED TO BE FIELD VERIFIED.7.) EXISTING "AS-BUILT" INFO IS FROM BOTH THE CITY OF MENDOTA HEIGHTS, AND TOPOGRAPHIC SURVEY.CITY MENDOTA HEIGHTS PUBLIC WORKS...........651-454-4059XCEL ENERGY .........................................................800-895-4999FRONTIER COMMUNICATIONS...............................800-921-8102FIRE DEPARTMENT .................................................651-452-1850 CONTACTSMEDIACOM................................................................866-609-6180CENTURYLINK..........................................................800-244-1111796 SYBLEY MEMORIAL HIGHWAYSITE ADDRESSMENDOTA HEIGHTS, MN 55118 LOT 6, BLOCK 1, GOODRICH HAPPY HOLLOWSITE LEGAL DESCRIPTIONFIRM MAP NUMBER: 27037C0017EFLOOD INSURANCE RATE MAP EFFECTIVE DATE: DECEMBER 2, 2011GOODHUE COUNTY COOPERATIVE ELECTRIC...507-732-5117MINNESOTA ENERGY RESOURCES CORP...........800-889-9508VICINITY MAPSITE LOCATIONBENCHMARKTOP NUT HYDRANT 65 FEET NORTHEAST OF CENTERLINEOF WACHTLER AVENUE AND 35 FEET SOUTHEAST OF CENTERLINE OF SYBLEY MEMORIAL HIGHWAY. ELEVATION: 810.16REVISION HISTORYULHHV 5C GTMYHD THDNMIRHG VS ODVEL IDTDIH.ULHHV 6C GTMYHD ITDGHU THYMUHG VS ODVEL IDTDIH.ULHHV :C WVMNMVMHU THYMUHG VS ESRRHEV VS VLH OHELDRMEDN TSSO.ADDENDUM #1 01/10/2022SITE OVERVIEW189 ●CONTRACTOR SHALL INSTALL PERIMETER SILT FENCE BEFORE START OF ANY CONSTRUCTION ACTIVITY. TO PREVENT SEDIMENT RUNOFF FROM REACHING THE CURB OR STREET RIGHT OF WAY, PERIMETER DOWNSLOPE SILTFENCE SHALL BE INSTALLED ACROSS ALL PRIVATE LOTS. WHILE STILL VULNERABLE DUE TO EXPOSED SOIL, ROCK CHECK DAMS WILL BE PLACED EVERY 25 FEET ALONG THE CENTERLINE OF EACH DRAINAGE SWALE ON GRADESEXCEEDING 4% TO REDUCE FLOW VELOCITIES THAT CAUSE EROSION.●TO PREVENT TRACKING OF DIRT ONTO HARD SURFACE STREET RIGHT-OF-WAY, ROCK CONSTRUCTION ENTRANCES SHALL BE INSTALLED AND MAINTAINED UNTIL VEHICLE ENTRANCES ONTO THE SITE ARE NO LONGER REQUIREDAND TOPSOIL IS SCHEDULED TO BE REPLACED. ALL VEHICLE ACCESS TO THIS SITE SHALL USE THE ROCK CONSTRUCTION ENTRANCES. SHOULD THE ROCK CONSTRUCTION ENTRANCES BECOME INEFFECTIVE DUE TO EXCESSIVE SOILCONTAMINATION, THEY SHALL BE REMOVED AND REPLACED.●SUFFICIENT TOPSOIL IS TO BE SALVAGED TO PROVIDE COVER AFTER GRADING OPERATIONS. ALL SOIL STOCKPILES AND FINISHED GRADED AREAS ARE TO BE SEEDED IMMEDIATELY IN ORDER TO ESTABLISH VEGETATION WITHWHEAT OR RYE GRASS @ 100 LB./ACRE DURING CONSTRUCTION. INSTALL AND MAINTAIN APPROVED INLET PROTECTION AT ALL ACTIVE STORM SEWER INLETS. SEDIMENT RUNOFF SHOULD BE MINIMIZED BY RESPONSIBLE SITE EROSIONCONTROL. EROSION CONTROL MEASURES MUST BE INSPECTED BY THE CITY BEFORE ANY GRADING ACTIVITY BEGINS. TO PREVENT SILT AND SEDIMENT FROM ENTERING THE STORM SEWER SYSTEM, A FILTER BAG INSERT, SEDIMENTCONTROL INLET HAT, ROCK LOG RING OR OTHER DEVICE APPROVED BY THE CITY, SHALL BE INSTALLED AT THE INLET.●ALL AREAS DISTURBED DURING CONSTRUCTION SHALL BE STABILIZED AS SOON AS POSSIBLE. AREAS THAT HAVE BEEN DISTURBED OR AT FINISH GRADE, BUT HAVE NO ACTIVE WORK, SHALL BE SEEDED AND MULCHED OR SODDEDWITHIN 14 DAYS, EXCEPT ON SLOPES STEEPER THAN 4H:1V. STEEPER SLOPES SHALL BE SEEDED AND COVERED WITH AN EROSION CONTROL BLANKET OR SEEDED AND MULCHED WITH A TACKIFYING AGENT OR SODDED. AS SOON ASPOSSIBLE AFTER GRADING OPERATIONS HAVE BEEN COMPLETED, TOPSOIL SHALL BE SPREAD AND THE ENTIRE SITE SHALL BE VEGETATED. FINAL SITE STABILIZATION SHALL BE EVIDENT WHEN SEEDED GRASS IS PRESENT ON ALLEXPOSED GRADING AREAS AND HAS GROWN TO A LENGTH OF 6 INCHES AND THERE ARE NO SIGNS OF ONGOING EROSION. IF SOD IS PLACED IN-LIEU OF SEED, IT SHALL BE WATERED AND MAINTAINED AND SHOW NO SIGNS OF STRESSFOR AT LEAST 30 DAYS. THE CITY SHALL APPROVE FINAL SITE STABILIZATION.●A CONCRETE WASHOUT AREA IS REQUIRED FOR ALL CONCRETE CONSTRUCTION. THE WASHOUT SYSTEM CAN BE A PORTABLE UNIT PROVIDED BY THE CONCRETE SUPPLIER OR AN IN-GROUND SYSTEM CONSTRUCTED BY THECONTRACTOR. ONE ACCEPTABLE METHOD OF CREATING AN IN-GROUND WASHOUT PIT WOULD BE TO EXCAVATE A 3 FOOT DEEP AREA (MIN. 3' WIDTH X VARIABLE LENGTH AS NEEDED), LINED WITH 10 MIL. PLASTIC AND PERIMETERANCHORED WITH SAND BAGS OR AGGREGATE. IF THE LINING BECOMES DAMAGED (PUNCTURED OR RIPPED), THE WASHOUT SHALL NOT BE USED UNTIL THE LINING IS REPAIRED. CONCRETE POURS SHALL NOT BE CONDUCTED DURINGOR BEFORE AN ANTICIPATED STORM EVENT. CONCRETE WASTES SHALL BE ALLOWED TO HARDEN, BROKEN UP, THEN DISPOSED OF ACCORDING TO LOCAL ORDINANCE. THIS WASHOUT PIT SHALL BE LOCATED AWAY FROM ALL STEEPSLOPES AND DRAINAGE INLETS.●A NPDES STORM WATER PERMIT FOR CONSTRUCTION IS NOT REQUIRED FOR THIS PROJECT.EROSION CONTROL NOTES●ALL ASPHALT TO REMAIN SHALL BE SAW CUT AT LIMITS OF REMOVAL.●LOCATE AND PROTECT ALL UTILITY LINES PRIOR TO AND DURING DEMOLITION AND GRADING OPERATIONS. UTILITY LOCATIONS SHOWN ARE BASED ON BEST AVAILABLE INFORMATION AND ARE NOT GUARANTEED.DEMOLITION NOTESGRADING NOTES●ALL SLOPES OF 3:1 OR GREATER SHALL HAVE AN EROSION CONTROL BLANKET INSTALLED AS SOON AS GRADING OPERATIONS HAVE BEEN COMPLETED. EROSION CONTROL BLANKET SHALL BE MNDOT CATEGORY 3 (MNDOT SPECS3885 & 2575.●AS SOON AS POSSIBLE AFTER GRADING OPERATIONS HAVE BEEN COMPLETED, TOPSOIL SHALL BE SPREAD AND THE ENTIRE SITE SHALL BE SEEDED AND MULCHED AS SOON AS PRACTICABLE TO MINIMIZE EROSION. FINAL SITESTABILIZATION SHALL BE EVIDENT WHEN SEEDED GRASS IS PRESENT ON ALL EXPOSED GRADING AREAS AND HAS GROWN TO A LENGTH OF 6 INCHES AND THERE ARE NO SIGNS OF ONGOING EROSION. IF SOD IS PLACED IN-LIEU OFSEED, IT SHALL BE WATERED AND MAINTAINED AND SHOW NO SIGNS OF STRESS FOR AT LEAST 30 DAYS.●ALL RADII AND LENGTHS ARE TO EDGE OF BITUMINOUS, UNLESS OTHERWISE NOTED.●SEE ARCHITECTURAL PLANS FOR HOUSE DIMENSIONSSITE PLAN NOTES190 UTILITY NOTES●WATERMAIN SHALL BE DUCTILE IRON CONFORMING TO AWWA C151 . ALL FITTINGS SHALL BE MECHANICAL DUCTILE IRON CONFORMING TO ASME B16.4, AWA C110, AWWA C153. (SEE MINNESOTA PLUMBING CODE CHAPTER 6,TABLE 604.1)●ALL WATER DISTRIBUTION SYSTEM SHALL BE DISINFECTED PER MINNESOTA RULES, PART 4715.2250 AND AWWA STANDARD C651.●A MINIMUM HORIZONTAL SEPARATION OF 10 FEET MUST BE MAINTAINED BETWEEN WATER SERVICE AND ANY SEWER WHENEVER POSSIBLE. A MINIMUM VERTICAL SEPARATION OF 18 INCHES MUST BE MAINTAINED BETWEENWATER SERVICE AND ANY SEWER. THE WATER SERVICE SHALL NOT CONTAIN ANY JOINTS OR CONNECTIONS WITHIN 10 FEET OF THE CROSSING.●SEWERS CROSSING WHICH ARE NOT AT LEAST 12 INCHES BELOW A WATER SERVICE MUST BE CONSTRUCTED OF MATERIALS APPROVED FOR USE WITHIN A BUILDING (SEE SECTIONS 609.2, 720.1, AND TABLE 701.1). THE WATERSERVICE SHOULD NOT CONTAIN ANY JOINTS OR CONNECTIONS WITHIN 10 FEET OF THE CROSSING.●A MINIMUM 4" OF EXTRUDED POLYSTYRENE BOARD INSULATION SHALL BE INSTALLED ANYTIME WATER LINE CROSSES SANITARY SEWER, STORM SEWER, OR SUBDRAIN SYSTEM.●PVC SANITARY AND STORM SEWERS MUST MEET ONE OF THE FOLLOWING ASTM STANDARDS: D1785, D2665, D3034,F789, F794, F891, F949, OR F1488 (SEE TABLE 701.1 AND INSTALLATION STANDARD 1). FITTINGS MUST COMPLYWITH ASTM D1866, D2665, OR F794 RESPECTIVELY. JOINTS MUST BE APPROVED MECHANICAL OR PUSH-ON UTILIZING AN ELASTOMERIC SEAL, OR SOLVENT WELDED USING ASTM F656 PURPLE PRIMER AND ASTM D2564 SOLVENTCEMENT. THE INSTALLATION MUST COMPLY WITH ASTM D2321, WHICH REQUIRES OPEN-TRENCH INSTALLATION ON A CONTINUOUS GRANULAR BED. ASTM F679 PVC MAY BE USED FOR STORM SEWERS IF APPROVED BY THE LOCALBUILDING OFFICIAL PRIOR TO INSTALLATION (SEE SECTION 301.2).●CONCRETE MANHOLES AND SEWER LINES SHALL BE TESTED BY NEGATIVE PRESSURE PER ASTM C1214-13, ASTM C1244-11, OR HYDROSTATICALLY PER "MN RULES 4714", SECTION 1109.2.2 (SEE ALSO SECTION 712.4).●INLET AND OUTLET CONNECTIONS TO SEWER MANHOLES MUST USE FLEXIBLE COMPRESSION JOINTS LOCATED BETWEEN 12 AND 36 INCHES FROM THE MANHOLE (SEE SECTION 719.6). WHERE PERMITTED BY THEADMINISTRATIVE AUTHORITY AS AN ALTERNATE INSTALLATION METHOD, APPROVED RESILIENT RUBBER JOINTS MAY BE USED TO MAKE WATERTIGHT CONNECTIONS TO MANHOLES, CATCH BASINS, AND OTHER STRUCTURES (SEESECTION 301.2).●THE PLUMBING SYSTEM AND THE STORM SYSTEM WITHIN 10 FEET OF THE BUILDING OR WATER SERVICE LINE MUST BE TESTED PER "MN RULES 4714", SECTIONS 609.4, 712.0, AND 1109.0.●ALL PVC INLET AND OUTLET CONNECTIONS TO A CONCRETE STRUCTURE SHALL BE MADE BY THE USE OF A FLEXIBLE COMPRESSION JOINT NOT LESS THAN 12 INCHES AND NOT EXCEEDING 3 FEET FROM THE MANHOLE.NO FLEXIBLE COMPRESSION JOINTS SHALL BE EMBEDDED IN THE MANHOLE BASE.●PROPOSED ELECTRIC INSTALLATION MUST BE COORDINATED WITH EXCEL. EXCEL STANDARDS SHALL BE FOLLOWED.●PROPOSED GAS INSTALLATION MUST BE COORDINATED WITH EXCEL. EXCEL STANDARDS SHALL BE FOLLOWED.●ALL CLEANOUTS IN PAVED AREAS SHALL BE PLACED IN A VALVE BOX. TOP OF VALVE BOX SHALL BE FLUSH WITH FINISHED PAVEMENT SURFACE.191 EXISTING HOUSEEXISTING GARAGE810809 60.111042101010LOT 8LOT 5LOT 7LOT 7BLOCK 1LOT 6WACHTLER ROAD49.8859.9817 HIGHWAY S.T.H. 13SIBLEY MEMORIAL 4216" MAPLE10" MAPLE10" MAPLE10" ASH2-20" MAPLE4-20" ASH20" OAK10" ASH18" ASH8" ASH16" ASH20" OAK14" ASH10" MAPLE20" OAK20" OAK8" OAK18" MAPLE8" MAPLE18" MAPLE24" ELM6" MAPLE14" MAPLE8" MAPLE14" ASH2-24" MAPLE12" ASH10" OAK20" OAK20" ELM100A896ESLOPES GREATER THAN 40%LEGEND709710These standard symbols will be found on this plan sheet. XEXISTING LOT SIZE: 1.08 ACRESSOIL DATASOIL UNIT DEPTH TO BEDROCK MAP UNIT NAME AVAILABLE WATER STORAGE IN PROFILE100A12" TO 20"VERY LOW (3")896EMORE THAN 80"MODERATE (8")NOTE: SOIL DATA COMES FROM USDA NRCS WEB SOIL SURVEYCOPASTON LOAMKINGSLEY-MAHTOMEDI COMPLEXTOTAL DISTURBED SOIL0.69 ACRESN/ATREE PRESERVATIONTOTAL HIGH VALUE TREES INVENTORIED: 20ANTICIPATED TREES TO BE REMOVED: 4TOTAL HIGH VALUE TREES SAVED: 16TREE PROTECTIONTREE PROTECTION WILL BE AS REQUIRED BY THE CITY.TREE REPLACEMENTSLOT AREABMP LIST:ITEM DESCRIPTION UNITS TOTAL ESTIMATED QUANTITY2 12 NEW SILT FENCELF1 ROCK CONSTRUCTION ENTRANCEEA40913 EXISTING SILT FENCE TO BE MAINTAINED LF292EXISTING 18"RCP CULVERTINSTALL INLETPROTECTIONINV=804.36SLOPES GREATER THAN 18%REMOVE BITUMINOUSEXISTING CATCH BASININSTALL INLET PROTECTIONRIM=807.22INV=802.7TREE REPLACEMENT WILL TAKE PLACE AFTER THE HOME ISCONSTRUCTED AS REQUIRED BY THE BUILDING PERMIT PROCESS.4 INLET PROTECTIONEA2INSTALL ROCK CONSTRUCTION ENTRANCE192 333360.00'EXISTING HOUSEEXISTING GARAGE14.72'10.00'R5.00A1.21R5.00A1.4613.7113.8220.0030.0024.0019.716.05.042.5088.21PROPOSED HOUSEAREA = 2,925 S.F.38.00R5.00A1.21R5.00A1.4640.4324.0034.39PROPOSED DRIVEWAY2-20" MAPLE4-20" ASH20" OAK10" ASH18" ASH8" ASH16" ASH20" OAK14" ASH10" MAPLE20" OAK20" OAK8" OAK18" MAPLE8" MAPLE18" MAPLE24" ELM6" MAPLE14" MAPLE8" MAPLE14" ASH2-24" MAPLE12" ASH10" OAK20" OAK20" ELM8.028.0013.00A15.71A15.71R10.00R10.0074.1445.35SLOPES GREATER THAN 18%SITE PLAN NOTESDRIVEWAYS AND APRONS SHALL BE BITUMINOUS.ALL RADII AND PAVEMENT LENGTHS ARE TO THE EDGE OF BITUMINOUS OR CONCRETE, UNLESS OTHERWISE NOTED.BUILDING DIMENSIONS MUST BE VERIFIED WITH ARCHITECTURAL DRAWINGS. IN THE EVENT OF A DISCREPANCY ARCHITECTURAL DIMENSIONS SHALL BE USED.These standard symbols will be found on this plan sheet.ZONINGZONED R-1 ONE FAMILY RESIDENTIALSITE AREASLOT 6......................................1.08 ACRESTREES SHOWN ARE CONSIDERED HIGH VALUE. THE NUMBER OF TREES TO BE REMOVED WILL DEPEND ON HOWFILL IS PLACED AND WHETHER OR NOT LOCALIZED LANDSCAPE WELLS ARE UTILIZED AT TREE LOCATIONSTOE OF BLUFF LINEHISTORTICAL IMPERVIOUS SURFACE AREASBUILDING FOOTPRINT............................2925 S.F.BITUMINOUS PAVING..............................2806 S.F.LOT 6TOTAL IMPERVIOUS AREA....................5731 S.F. (0.13 ACRES)TOTAL EXISTING IMPERVIOUS AREA.......7861 S.F. (0.18 ACRES)TOTAL PROPOSED IMPERVIOUS AREA...5731 S.F. (0.13 ACRES)CHANGE IN IMPERVIOUS AREA (DECREASE)................2130 S.F. (0.05 ACRES)BUILDING FOOTPRINT............................1420 S.F.BITUMINOUS PAVING..............................6441 S.F.HISTORICAL IMPERVIOUS AREAS LOT 6TOTAL IMPERVIOUS AREA.....................7861 S.F. (0.18 ACRES)PROPOSED IMPERVIOUS AREA LOT 6SEE REVISIONHISTORY ON SHEET 11/10/22SPD193 EXISTING HOUSEEXISTING GARAGE808810808FG:809.93FG:809.07FFE 812.50FG:812.50FG:812.50FG:812.00FG:812.00FG:812.00FG:810.79FG:812.00FG:812.00FG:809.07FG:807.75FG:808.002.5%1.7%3.4%FG:812.00811810809808807806811FG:810.5810809809811807810811810809809810 808FG:807.508118122.0%671.18These standard symbols will be found on this plan sheet.BENCHMARKTOP NUT HYDRANT 65 FEET NORTHEAST OF CENTERLINEOF WACHTLER AVENUE AND 35 FEET SOUTHEAST OF CENTERLINE OF SYBLEY MEMORIAL HIGHWAY. ELEVATION: 810.16BMALL PROPOSED CONTOURS DEPICT FINISHED ELEVATIONSEXISTING CULVERTEXTEND EXISTING CULVERTEXISTING CB673675710SEE REVISIONHISTORY ON SHEET 11/10/22SPD194 EXISTING HOUSEEXISTING GARAGE810809 EDA2EDA1/AEDA1/BEDA3EXISTING HOUSEEXISTING GARAGE810809 808810808FG:809.93FG:809.07FFE 812.50FG:812.50FG:812.50FG:812.00FG:812.00FG:812.00FG:810.79FG:812.00FG:812.00FG:809.07FG:807.75FG:808.002.5%1.7%3.4%FG:812.00811810809808807806811FG:810.5810809809811807810811810809809810 808FG:807.50PDA1/APDA3PDA1/BPDA2811812PROPOSED DRAINAGE AREASPROPOSED DRAINAGE AREASDENOTES PROPOSED INDEX CONTOUR AND ELEVATION LABELDENOTES PROPOSED CONTOUR AND ELEVATION LABELDENOTES PROPERTY LINEDENOTES FENCE LINEDENOTES EXISTING CONTOUR709DENOTES LOT LINEDENOTES CENTERLINE OF ROADDENOTES EXISTING INDEX CONTOUR710DENOTES PROPOSED BITUMINOUS SURFACE675673These standard symbols will be found on this plan sheet.DENOTES SURFACE WATER FLOW DIRECTIONDENOTES PROPOSED DRAINAGE AREADENOTES EXISTING DRAINAGE AREAHISTORTICAL IMPERVIOUS SURFACE AREASBUILDING FOOTPRINT............................2925 S.F.BITUMINOUS PAVING..............................3376 S.F.TOTAL IMPERVIOUS AREA.....................6301 S.F. (0.14 ACRES)TOTAL EXISTING IMPERVIOUS AREA...................7861 S.F. (0.18 ACRES)TOTAL PROPOSED IMPERVIOUS AREA...............6301 S.F. (0.14 ACRES)CHANGE IN IMPERVIOUS AREA (DECREASE).....1560 S.F. (0.04 ACRES)BUILDING FOOTPRINT............................1420 S.F.BITUMINOUS PAVING..............................6441 S.F.HISTORICAL IMPERVIOUS AREAS LOT 6TOTAL IMPERVIOUS AREA.....................7861 S.F. (0.18 ACRES)PROPOSED IMPERVIOUS AREA LOT 6HYDROLOGY NOTES●●●DAQ2 CFS Q10 CFS Q100 CFS1CONTRIBUTING DRAINAGE AREAS4.238.8820.83POST DEVELOPMENT RUNOFFDA Q2 CFS Q10 CFS Q100 CFS0.270.802.31TOTAL POST DEVELOPMENTRUNOFF*20.631.041.98DEVELOPMENT RUNOFF SUMMARYTOTAL POST DEVELOPMENTRUNOFF*TOTAL CHANGEQ2 CFS Q10 CFS Q100 CFS1.33 (-) 2.64 (-) 5.84 (-)*- SEE HYDROLOGY NOTESDECREASE OF IMPERVIOUS AREA FROM EXISTING RUNOFF CONDITIONS = 0.062 ACRES1.974.019.1620.260.470.9712.906.2414.994.238.8820.832.906.2414.99PDA1/A0.735 ACRES0.025 ACRESIMPERVIOUSAV SLOPE = 12.58%WAV CN = 76LFP = 355 FTTC = 4.4 MINPDA1/B0.178 ACRES0.000 ACRESIMPERVIOUSAV SLOPE = 12.58%WAV CN = 74LFP = 355 FTTC = 4.7 MIN32.004.4010.7032.004.4010.70PDA31.187 ACRES0.000 ACRESIMPERVIOUSAV SLOPE = 15.00%WAV CN = 75LFP = 361 FTTC = 4.2 MINPDA20.167 ACRES0.112 ACRESIMPERVIOUSAV SLOPE = 8.00%WAV CN = 90LFP = 152 FTTC = 1.7 MINLOT 6 TOTAL DRAINAGE AREA = 1.080 ACRESLOT 6 PROPOSED IMPERVIOUS AREA = 0.137 ACRES (12.69%)LOT 7 TOTAL DRAINAGE AREA = 1.187 ACRESLOT 7 PROPOSED IMPERVIOUS AREA = 0.000 ACRES (0.00%)195 SANSANWTRWTRWTRWTRLOT 7LOT 691.01'106.05'EXISTING HOUSELOT 5WTRWTRSAN709710SANWTRThese standard symbols will be found on this plan sheet.BENCHMARKTOP NUT HYDRANT 65 FEET NORTHEAST OF CENTERLINEOF WACHTLER AVENUE AND 35 FEET SOUTHEAST OF CENTERLINE OF SYBLEY MEMORIAL HIGHWAY. ELEVATION: 810.16USE EXISTING UTILITIESFROM DEMOLISHED HOUSEINV. 797.50 (NOT FIELD VERIFIED)S.S. STUB 81 FT FROM M.H. 1014MECHANICAL ROOMSANWTRREMOVE EXISTING SANITARY SERVICEF&I 4" PVC 11 1/4° BENDF&I 4" PVC CLEANOUTF&I 70 L.F 4" PVC SLOPE SHALL MATCHEXISTING SERVICE SLOPE.REMOVE EXISTINGWATER SERVICEF&I 60 L.F. 1" COPPER WATER SERVICE.SEE REVISIONHISTORY ON SHEET 11/10/22SPD196 197 $OOLDQFH3ODFH1(5RFKHVWHU01 352-(&7180%(5 '5$:1%< 5(9,(:('%< '$7( 7+,6'2&80(17,67+(3523(57<2)'5$)76285&($1'0$<127%(86('&23,('25'83/,&$7(':,7+28735,25:5,77(1&216(176+((71$0( 352-(&71$0( 6+((7180%(5 35,17'$7( 6:,**805(6,'(1&( 6,%/(<0(025,$/+:<0(1'27$+(,*+760,11(627$72''.9(521,&$.7,7/(6+((7'6:,**805(6,'(1&(0,11(627$0(1'27$+(,*+766+((7,1'(;6KHHW1XPEHU6KHHW1DPH'7,7/(6+((7')281'$7,213/$1'/2:(5/(9(/3/$1'0$,1/(9(/3/$1'0$,1/(9(/6758&785$/3/$1'522)3/$1 &(,/,1*3/$1'(/(9$7,216'&52666(&7,216'63(&,),&$7,216 )5$0,1*'(7$,/6''9,(:),567/(9(/*5266$5($6&+('8/(1DPH$UHD//$5($ *5266$5($ 6)0/$5($ *5266$5($ 6)*$5$*($5($ *5266$5($ 6) 6)5(9125(9,6,21'$7(5(9,6,2163(5&86720(5 5(9,6,2163(5&86720(5 198 8368033,7 2& 0$;63$&,1* 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Mendota Heights Planning Commission Meeting Page 2 of 16 Hearings A)PLANNING CASE 2021-22 MICHAEL AND THERESA SWIGGUM, 796 SIBLEY MEMORIAL HIGHWAY – CRITICAL AREA PERMIT Community Development Director Tim Benetti explained that the Swiggums are seeking approval of a new Mississippi River Corridor Critical Area (MRCCA) Permit to construct a new single- family dwelling on property located at 796 Sibley Memorial Highway. The property is situated in the Mississippi River Corridor Critical Area Overlay District. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Commissioner Johnson asked for details on the item that would be revisited during the building permit. Community Development Director Tim Benetti identified the three or four significant trees that are marked for removal. He stated that the applicant would like to propose tree replacement ideas as part of the building permit process. He stated that staff would ensure that they are native trees that would be cohesive with the site and explained that staff would work with the applicant on that item, and it would not return to the Commission. Commissioner Lorberbaum asked if the documents referenced in condition three are available on the website or how they would be made available to the applicant. Community Development Director Tim Benetti replied that he believes that those documents have been posted on the City website. Commissioner Lorberbaum referenced the utility plan and asked if the side with a 20-foot length is the dining room or the garage. She stated that it appears the driveway does not connect with the garage. Community Development Director Tim Benetti commented that the house print should be flip- flopped as the driveway is not shown correctly on the site plan. It was confirmed that the driveway does connect to the garage. Chair Field opened the public hearing. 206 December 28, 2021 Mendota Heights Planning Commission Meeting Page 3 of 16 Michael Swiggum, applicant, stated that the drawing was provided by the surveyor who misunderstood how the house would sit. He stated that the footprint is accurate and explained where the driveway would connect to the garage. Commissioner Lorberbaum asked if the sketch would be updated for the Council meeting. Mr. Swiggum confirmed that he could have that done. Commissioner Johnson asked if the Swiggums have a landscape plan showing the plants for the rain garden and other landscaped areas. Mr. Swiggum stated that they do not have an official plan at this time. Commissioner Johnson asked if there is a general plan with possible plant species or trees. Mr. Swiggum stated that he does not have anything written down as they have not entered that phase of planning. He stated that they plan to remove or change as little as possible. He stated that they do not have plans for turf grass and would like things to remain as natural as possible, removing invasive species and diseased ash trees. Commissioner Johnson explained that the MRCCA ordinance requires proposed landscaped materials that will be added to be shown on the plan. She stated that while she appreciates the removal aspect, she is concerned that the items planned to be added are not listed. Mr. Swiggum commented that at this time they do not plan to add anything. Theresa Swiggum commented that they would replace the trees that are removed. Mr. Swiggum asked if that is something that would be desired for the Council meeting as well. Commissioner Johnson commented that the landscape plan is an important part of the MRCCA permit. She noted that is one of the items on the checklist for approval. Mr. Swiggum commented that they would only use native species. Mrs. Swiggum commented that they could speak with the builder to determine the logistics of developing a landscaping plan at this time. She stated that they plan to do much of the landscaping themselves. She stated that they could develop a list of the potential plantings. Commissioner Toth referenced the existing piece of asphalt on the property and asked if that would be removed or become part of the driveway. Mr. Swiggum commented that they would use the existing asphalt as part of the driveway to the extent possible. He stated that there is another patch of asphalt closer to the living room area that would be removed. 207 December 28, 2021 Mendota Heights Planning Commission Meeting Page 4 of 16 Commissioner Toth asked that the removed asphalt be removed and disposed of properly and not used as fill or buried on the property. Seeing no one else coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 Commissioner Johnson stated that she would ask that the applicant come back to the next meeting with a list of potential plantings and trees. She noted that the landscaping plan is an important part of an MRCCA permit. She stated that she would require a detailed landscaping plan but would like to see what will be in the beds and rain garden areas. COMMISSIONER JOHNSON MOVED, SECONDED BY COMMISSIONER LORBERBAUM, TO TABLE AND DIRECT THE APPLICANT TO COME BACK TO THE NEXT MEETING WITH A LIST OF PLANT MATERIALS AND GENERAL OUTLINE OF WHERE THE MATERIALS MAY BE INSTALLED. FURTHER DISCUSSION: COMMISSIONER KATZ COMMENTED THAT WHILE HE APPRECIATES THAT THE HOMEOWNERS WILL DO A LOT OF THE WORK AND PLANNING THEMSELVES, THERE ARE RESOURCES AVAILABLE ON THE WEBSITE THAT RECOMMEND PLANT SPECIES. HE STATED THAT MASTER GARDENERS WILL ALSO WORK WITH THE APPLICANT FOR FREE TO PROVIDE INPUT. COMMISSIONER PETSCHEL ASKED IF THERE IS A PROBLEM WITH THE STAGING OF PLANS, AS THIS IS THE SECOND MRCCA APPLICATION THAT DOES NOT HAVE A LANDSCAPING PLAN FINALIZED. HE COMMENTED THAT IS NOT TRADITIONALLY FORMALIZED UNTIL THE BUILDING PERMIT PROCESS AND ASKED IF THERE IS A PROBLEM IN ASKING THESE TYPES OF QUESTIONS TOO EARLY IN THE PROCESS. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI STATED THAT THIS SITE IS NOT DEVOID OF VEGETATION, NOTING THAT THIS SITE HAS A LOT OF VEGETATION. HE STATED THAT THE TREES PROPOSED FOR REMOVAL ARE NOT IN GREAT CONDITION. HE STATED THAT HE TRUSTS THE APPLICANTS THAT THEY WILL PLANT TREES IN REPLACEMENT AND STAFF CAN ASSURE THAT IS DONE. HE REFERENCED CONDITION FOUR, NOTING THAT THOSE PLANTINGS WILL BE DONE AND CONFIRMED AS PART OF THE BUILDING PERMIT PROCESS. HE DID NOT BELIEVE THAT THIS WOULD NEED TO COME BACK TO THE COMMISSION FOR THAT REVIEW, AS CITY STAFF IS CAPABLE OF WORKING WITH THE APPLICANT TO ENSURE THE PLANTINGS MEET THE NATIVE PLANTINGS AND POLLINATOR FRIENDLY LIST. 208 December 28, 2021 Mendota Heights Planning Commission Meeting Page 5 of 16 COMMISSIONER PETSCHEL ASKED IN GENERAL, IF THE COMMISSION IS ASKING FOR THESE DETAILS TOO EARLY IN THE PROCESS. HE STATED THAT THIS IS BECOMING A COMMON THEME. HE NOTED THAT MANY PEOPLE BEGIN TO BUILD A HOUSE AND THEM FORMALIZE A LANDSCAPING PLAN ONCE THEY SEE HOW THE HOME FITS ON THE LOTS, THEREFORE PERHAPS THIS IS UNFAIRLY CONSTRAINING PEOPLE IN REQUIRING A LANDSCAPING PLAN TO BE DONE BEFORE THE HOME HAS BEEN FULLY PLANNED. HE NOTED THAT TYPICALLY AT THIS STAGE IN DEVELOPMENT, AN APPLICANT WOULD NOT BE REQUIRED TO HAVE A LANDSCAPING PLAN IF NOT INSIDE THE MRCCA. COMMISSIONER CORBETT AGREED THAT THERE APPEARS TO BE A GAP. HE RECOGNIZED THAT THE REQUIREMENT WAS BORN OUT OF THE MRCCA ORDINANCE PROCESS AND ASKED THE ORIGINAL INTENT AND WHETHER THAT WAS MISPLACED IN THE PROCESS. COMMISSIONER LORBERBAUM WAS CONCERNED THAT THIS WOULD BE SETTING A PRECEDENT. SHE ASKED IF IN THIS CASE THEY WOULD BE TRUSTING THE APPLICANT BUT NOT TRUSTING OTHERS. COMMISSIONER JOHNSON STATED THAT SHE IS SIMPLY ATTEMPTING TO FOLLOW WHAT IS REQUIRED IN THE ORDINANCE. SHE NOTED THAT SHE WOULD NOT BE REQUESTING A DETAILED PLAN BUT JUST GENERAL IDEAS WHERE THE BEDS AND RAIN GARDEN WOULD BE PLACED AND A LIST OF THE PLANTS THAT ARE BEING CONSIDERED. SHE NOTED THAT THE SUBJECT PARCEL IS LOCATED IN ONE OF THE MOST PRISTINE AREAS WITHIN THE MRCCA. COMMISSIONER PETSCHEL STATED THAT HE HAS NO PROBLEM WITH THE PENDING ACTION BUT NOTED THAT THIS IS THE SECOND APPLICANT THAT IS BEING CAUGHT BY SURPRISE BY THIS REQUEST. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI STATED THAT IN A PREVIOUS APPLICATION THERE WERE A FEW TREES THAT WERE PROPOSED FOR REMOVAL IN ORDER TO BUILD A HOME, WHICH IS WITHIN THE RIGHTS OF THE PROPERTY OWNER. HE STATED THAT THE MRCCA DOES NOT HAVE A STANDARD FOR TREE REPLACEMENT. HE STATED THAT IT COULD BE SAID THAT THE FOUR TREES BEING REMOVED IS THE LANDSCAPING PLAN, WITH ADDITIONAL ASSURANCE THAT TREES WOULD BE REMOVED. HE STATED THAT THE CITY HAS CAPABLE STAFF THAT CAN ASSURE THAT AND DID NOT BELIEVE THIS APPLICATION SHOULD BE HELD UP FOR ANOTHER MONTH. COMMISSIONER TOTH STATED THAT IF THE RESIDENT CAME FORWARD WITH A FULL LANDSCAPING PLAN THAT LOOKS GREAT, THERE IS A POSSIBILITY THAT WOULD BE COMPLETELY CHANGED IN THE SUMMER WHEN THAT TIME ACTUALLY COMES. HE NOTED THAT THE COMMISSION WOULD NOT EVEN BE AWARE OF THAT. HE STATED THAT THE APPLICANT HAS COMMITTED TO WORKING WITH THE CITY ON REPLANTING IN THE FUTURE. 209 December 28, 2021 Mendota Heights Planning Commission Meeting Page 6 of 16 COMMISSIONER JOHNSON STATED THAT HER CONCERN IS WITH CONSISTENCY AND FAIRNESS. SHE STATED THAT SHE IS TRYING TO FOLLOW THE PROCESS IN ORDER TO PROVIDE CONSISTENCY AND FAIRNESS. COMMISSIONER CORBETT ASKED THE LANGUAGE WITHIN THE ORDINANCE. COMMISSIONER JOHNSON REVIEWED THE LANGUAGE WITHIN THE CHECKLIST RELATED TO LANDSCAPING. SHE COMMENTED THAT THIS IS THE MOST PRISTINE AREA IN MENDOTA HEIGHTS AND THAT IS WHY SHE WOULD LIKE A GENERAL SKETCH WITH SOME POTENTIAL TREE AND PLANT SPECIES. COMMISSIONER CORBETT AGREED THAT CONSISTENCY IS IMPORTANT. HE STATED THAT STAFF HAS MENTIONED THAT THERE IS AN OPTION TO JUST APPROVE THE PLAN WITH THE REMOVALS AND NO ADDITIONS. COMMISSIONER JOHNSON STATED THAT SHE WOULD HESITATE TO GO DOWN THAT ROAD AS IT CAN BECOME A SLIPPERY SLOPE. SHE STATED THAT SHE WOULD NOT WANT APPLICANTS TO BE DISINGENUOUS. COMMISSIONER CORBETT STATED THAT ON THE OTHER HAND, PEOPLE COULD BE DISINGENUOUS IN PROVIDING A LIST OF MATERIALS PULLED FROM THE WEBSITE. HE CIRCLED BACK TO THE CONCEPT FROM COMMISSIONER PETSCHEL THAT PERHAPS TOO MUCH DETAIL IS BEING REQUIRED TOO EARLY IN THE PROCESS. HE STATED THAT PERHAPS IF THERE ARE GOING TO BE ADDED PLANTS, THE APPLICANT WOULD COMMIT TO USING SPECIES FROM THE PROVIDED DOCUMENTS. CHAIR FIELD SUGGESTED REOPENING THE PUBLIC HEARING TO RECEIVE ADDITIONAL INPUT FROM THE APPLICANT. COMMISSIONER LORBERBAUM STATED THAT IF THE APPLICANT COMES BACK TO THE COMMISSION, ACCURATE HOME PLANS COULD ALSO BE PROVIDED. COMMISSIONER KATZ ASKED IF COMMISSIONER JOHNSON WOULD BE COMFORTABLE APPROVING THE REQUEST WITH THE CONDITION THAT THE APPLICANT PROVIDE THE ADDITIONAL DETAIL SHE REQUESTED BEFORE THE CITY COUNCIL REVIEW. COMMISSIONER JOHNSON ASKED IF THAT WOULD UNDERMINE THE JOB OF THE COMMISSION BECAUSE OF THE REQUIREMENTS IN THE ORDINANCE. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER LORBERBAUM, TO REOPEN THE PUBLIC HEARING. AYES: 7 210 December 28, 2021 Mendota Heights Planning Commission Meeting Page 7 of 16 NAYS: 0 MR. SWIGGUM COMMENTED THAT THEY PURCHASE THIS LOT FOR A REASON, BECAUSE THEY LIKE THE NATURAL BEAUTY OF THE SITE. HE ASKED IF THE COMMISSION WOULD BE SATISFIED WITH A PLAN NOT TO ADD ANYTHING AT THIS TIME. HE COMMENTED THAT THEY HAVE NOT THOUGHT HARD ABOUT THE LANDSCAPING AS THE SITE IS FULL OF OVER STORY TREES. MRS. SWIGGUM STATED THAT THEY HAVE WALKED THE LOT MANY TIMES AND CONTEMPLATED WHETHER TO ADD BUSHES OR LEAVE THE SITE AS IS. SHE STATED THAT THEY HAVE BEEN WORKING WITH CITY STAFF SINCE BEFORE THEY PURCHASED THE LAND AND WOULD CONTINUE TO WORK WITH CITY STAFF ON ANY PLANTINGS CONSIDERED AS WELL AS PLANTINGS FOR THE RAIN GARDEN. MR. SWIGGUM NOTED THAT THE RAIN GARDEN IS A NATURALLY LOWER SPOT THAT DOES NOT RAIN IN ANY DIRECTION, THEREFORE THEY WOULD KEEP THAT NATURAL AND THEY DO NOT PLAN ON REMOVING VEGETATION. HE STATED THAT THEY DO NOT NECESSARILY HAVE A PLAN TO ADD TREES AT THIS TIME AND WOULD LIKE TO KEEP THE SITE NATURAL. MRS. SWIGGUM COMMENTED THAT HER HUSBAND HAS KNOWLEDGE OF TREE HEALTH AND THEREFORE THEY ARE ONLY REMOVING TREES THAT CONFLICT WITH THE HOME LOCATION OR THAT ARE DISEASED. SHE COMMENTED THAT IT WOULD NOT BE FEASIBLE TO PROVIDE AN ACCURATE LIST BECAUSE OF LOGISTICS AND BUDGETING. SHE STATED THAT WHILE THEY HAVE A SENSE OF WHAT THEY MAY WANT, THEY WOULD NOT KNOW FOR CERTAIN EVEN IN 60 DAYS. SHE STATED THAT IF THEY DO ADD ANYTHING TO THE SITE, THEY WOULD USE NATIVE SPECIES. MR. SWIGGUM COMMENTED THAT THEY WOULD PREFER TO TAKE THE ROUTE OF NO ACTION IN ADDING PLANTS OR TREES AT THIS TIME AND HOPED THAT WOULD SATISFY THE REQUIREMENT. CHAIR FIELD STATED THAT THERE WAS A REPRESENTATION THAT CERTAIN TREES WOULD BE REMOVED AND THAT IS WAS THE PLAN OF THE APPLICANT TO REPLACE THOSE TREES, THEREFORE A STATEMENT OF DOING NOTHING WOULD SEEM TO BE INACCURATE. MR. SWIGGUM STATED THAT HE IS UNSURE IF THERE ARE PLACES FOR REPLACEMENT OF TREES BECAUSE THE ENTIRE SITE IS WOODED EXCEPT FOR THE HOME LOCATION. HE STATED THAT THEY WOULD PREFER TO TAKE THE ROUTE OF NOT ADDING ANYTHING IN TERMS OF PLANTINGS AND TREES AS THEIR PLAN. COMMISSIONER PETSCHEL ASKED IF SHEET FOUR OF 11 WOULD THEN CONSTITUTE THE LANDSCAPING PLAN, AS THAT SHOWS THE TREE INVENTORY AND TREES PLANNED FOR REMOVAL. 211 December 28, 2021 Mendota Heights Planning Commission Meeting Page 8 of 16 MR. SWIGGUM AGREED. SEEING NO ONE ELSE COMING FORWARD WISHING TO SPEAK, CHAIR FIELD ASKED FOR A MOTION TO CLOSE THE PUBLIC HEARING. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER PETSCHEL ASKED IF THE COMMISSION WOULD BE SATISFIED IF THE APPLICANT CAME BACK WITH THE SAME SHEET, THEY STATED WOULD BE THEIR LANDSCAPING PLAN. COMMISSIONER CORBETT STATED THAT IS WHAT HE WOULD EXPECT TO SEE AS IT WOULD SHOW REMOVAL, INVENTORY, AND NOTHING TO BE ADDED. COMMISSIONER JOHNSON AGREED THAT WOULD MAKE SENSE BUT BELIEVED THAT THIS COULD BE A SLIPPERY SLOPE BY NOT COMPLETELY FOLLOWING THE PROCESS AND ORDINANCE. SHE STATED THAT IF THAT IS THE TRUE AND GENUINE PLAN TO REMOVE THE TREES AND NOT ADD ANYTHING, THAT WOULD SEEM TO SATISFY THE REQUIREMENT. COMMISSIONER LORBERBAUM ASKED IF COMMISSIONER JOHNSON WOULD BE SATISFIED WITH THE PLAN IF THAT WERE BROUGHT BACK NEXT MONTH. COMMISSIONER JOHNSON STATED THAT IF THAT WAS THE GENUINE INTENTION, SHE WOULD BE SATISFIED BUT BELIEVES THAT IS NOT THE TRUE INTENTION. COMMISSIONER CORBETT ASKED IF THIS IS WHAT THE COMMISSION EXPECTS TO SEE IN THE CHECKLIST, OR WHAT THE GAP WOULD BE. HE STATED THAT THIS IS A PLAN SHOWING THE LANDSCAPING ON THE SITE AND TREE REMOVAL. COMMISSIONER JOHNSON STATED THAT THERE WAS AN ADDITIONAL STATEMENT THAT ADDITIONAL PLANTING WOULD OCCUR. COMMISSIONER CORBETT NOTED THAT SHEET FOUR STATES THAT TREES REMOVED WILL BE REPLACED BUT THE SPECIES ARE NOT IDENTIFIED. COMMISSIONER PETSCHEL COMMENTED THAT PLANS THAT COME BEFORE THE COMMISSION ARE NOT UNAMENDABLE DURING THE PROCESS. HE NOTED CHANGES THAT ARE OFTEN MADE DURING THE DISCUSSION AND REVIEW. HE STATED THAT THE STATEMENT COULD BE REDLINED AND REMOVED. 212 December 28, 2021 Mendota Heights Planning Commission Meeting Page 9 of 16 CHAIR FIELD STATED THAT THE APPLICANT HAS TESTIFIED THAT THEY WOULD AMEND THEIR PLANS TO REMOVE THAT STATEMENT AND NOT ADD ANY TREES. CHAIR FIELD CALLED THE MOTION TO QUESTION. AYES: 2 (Lorberbaum and Johnson) NAYS: 5 ABSTAIN: 1 (Corbett) COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER KATZ, TO RECOMMEND APPROVAL OF THE MRCCA CRITICAL AREA PERMIT REQUEST FOR 796 SIBLEY MEMORIAL HIGHWAY WITH THE FOLLOWING CONDITIONS: 1.A BUILDING PERMIT, INCLUDING ALL NEW GRADING AND DRAINAGE WORK, MUST BE APPROVED BY THE CITY OF MENDOTA HEIGHTS PRIOR TO THE COMMENCEMENT OF ANY NEW CONSTRUCTION WORK. 2.FULL EROSION AND SEDIMENTATION MEASURES WILL BE PUT IN PLACE PRIOR TO AND DURING GRADING AND CONSTRUCTION WORK ACTIVITIES. 3.ALL GRADING AND CONSTRUCTION ACTIVITY WILL BE IN COMPLIANCE WITH APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS AND CODES, AS WELL AS IN COMPLIANCE WITH THE CITY’S LAND DISTURBANCE GUIDANCE DOCUMENT. 4.ANY NEW TREE OR LANDSCAPING MATERIALS PROVIDED ON THIS SITE MUST MEET THE CITY’S LIST OF NATIVE PLANTINGS AND POLLINATOR FRIENDLY TREES AND VEGETATION. 5.ALL WORK ON SITE WILL ONLY BE PERFORMED BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. MONDAY THROUGH FRIDAY; 9:00 A.M. TO 5:00 P.M. WEEKENDS. 6.ALL DISTURBED AREAS IN AND AROUND THE PROJECT SITE SHALL BE RESTORED AND HAVE AN ESTABLISHED AND PERMANENT GROUND COVER IMMEDIATELY AFTER THE DWELLING PROJECT IS COMPLETED. 7.THE APPLICANT WILL PROVIDE THEIR BEST EFFORT TO UPDATE THE PLANS PRIOR TO THE COUNCIL MEETING AS DISCUSSED. FURTHER DISCUSSION: COMMISSIONER PETSCHEL STATED THAT HE SUPPORTS THIS AS THE APPLICANT HAS STATED THAT THEY ARE GOING TO FOLLOW THE REMOVAL PLAN, THEREFORE HE HAS NO CHOICE BUT TO BELIEVE THE APPLICANTS. COMMISSIONER LORBERBAUM STATED THAT SHE ALSO BELIEVES THE APPLICANT BUT NOTED THAT DOES NOT MEET THE NORMAL RULES AND THEREFORE SHE WILL HAVE A HARD TIME SUPPORTING THE APPLICATION. SHE BELIEVES THAT ONE ADDITIONAL MONTH WOULD PROVIDE THE TIME NECESSARY TO PROVIDE THE NECESSARY INFORMATION. 213 December 28, 2021 Mendota Heights Planning Commission Meeting Page 10 of 16 COMMISSIONER PETSCHEL COMMENTED THAT THE APPLICANT CAN PROVIDE THE SAME DOCUMENTATION AT THE NEXT MEETING AND IT WOULD BE APPROVED. COMMISSIONER LORBERBAUM AGREED AND ACKNOWLEDGED THAT A HOMEOWNER COULD ALSO CHOOSE TO CHANGE LANDSCAPING IN SIX MONTHS, ONE YEAR, OR THREE YEARS AND THAT WOULD BE ALLOWED. COMMISSIONER CORBETT COMMENTED THAT HE BELIEVES THE PROCESS IS FLAWED AND LIKELY UNREASONABLE IN WHAT IS BEING REQUESTED AT THIS POINT IN THE REVIEW PROCESS. HE STATED THAT IF THIS PROCESS IS GOING TO CONTINUE TO BE FOLLOWED IN THE FUTURE, IT SHOULD BE COMMUNICATED TO APPLICANTS THAT AN UNREASONABLE REQUIREMENT WOULD BE PLACED TO PROVIDE A DETAILED LANDSCAPING PLAN AT THIS POINT IN THE PROCESS. AYES: 5 NAYS: 2 (Lorberbaum and Johnson) Chair Field advised the City Council would consider this application at its January 4, 2022 or January 18, 2022 meeting. 214 Res. 2022-08 Page 3 of 3 EXHIBIT A Property Address: 796 Sibley Memorial Highway, Mendota Heights, MN 55118 Property ID No.: 27-30700-00-050 Legal Description: Lot 6, Block 1; GOODRICH HAPPY HOLLOW ADDITION, Dakota County, Minnesota. [Torrens Property] Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 215 216 Request for City Council Action DATE: January 18, 2022 TO: Mayor and City Council, City Administrator FROM: Kelly Dumais, Assistant City Administrator Ryan Ruzek, Public Works Director SUBJECT: Park and Recreation Department Organization & Positions INTRODUCTION The City Council is asked to approve the job description, pay classification and authorize recruitment for the new position of Park and Recreation Manager; the revised job description for the Recreation Program Coordinator; and job descriptions for the seasonal positions of Pickleball Instructor and Pickleball Assistant. BACKGROUND The City Council approved the addition of a Parks and Recreation Manager position as part of the FY2022 budget. This position will help meet the growing needs of the park and recreation department and provide additional management capacity within the Public Works Department. Essential functions of the Manager position include: park project management, management of the Par 3 golf course, budget administration, supervision of the Recreation Program Coordinator and Recycling Coordinator and program and policy development. The position will report to the Public Works Director and will work closely with the Public Works Superintendent. To have a new Manager on board in time for the busy Parks and Recreation season, staff is seeking authorization to begin recruitment of the new Park and Recreation Manager position. Given position posting requirements, it is anticipated the candidate would start in March. With the addition of the Parks and Recreation Manager position, the job description for the Recreation Program Coordinator has been revised. The most significant change to the position is that the management of the Par 3 golf course will be no longer be an essential function of the position. The Recreation Program Coordinator will continue to focus on the planning and implementation of recreation programs, activities and events. The Coordinator will no longer report to the Assistant City Administrator and will report to the Park and Recreation Manager. With the development of a pickleball as a city recreational offering, seasonal staff will be hired to support the new program in the summer of 2022. Seasonal staff will include a Pickleball Instructor and Pickleball Assistants. These job descriptions are a similar structure to what the city uses for other recreational programs and have similar operational duties to existing positions, but with a specific focus on pickleball. 217 9b. Attachments: Park and Recreation Manager job description Recreation Program Coordinator job description Pickleball Instructor Pickleball Assistant BUDGET IMPACT The Park and Recreation Manager position was included in the 2022 budget. Staff has reviewed the position description and using the City’s job evaluation system has classified it at a pay grade 13 on the City Compensation plan (pay scale). The position’s full pay range is $83,749 to $102,950 annually. For purposes of recruitment, the advertised starting salary shall be posted at $83,749 to $92,856, which is steps one through four (midpoint) of the assigned pay grade. The Recreation Program Coordinator is a budgeted position. There is no change to the position’s pay grade. The Pickleball Instructor and Pickleball Assistant are seasonal positions. Hourly rates of pay for seasonal recreation instructors is $15.75 to $16.50 per hour and for seasonal recreation assistants is $12.75 to $13.50 per hour. These are budgeted positions within the Recreation budget. RECOMMENDATION Staff recommends the approval of the Parks and Recreation Manager job description and pay classification and the authorization for staff to begin the recruitment process. Additionally, staff is also recommending the approval of the revised Recreation Program Coordinator job description and the job description for new seasonal positions of Pickleball Instructor and Pickleball Assistant. ACTION REQUIRED If the Council concurs, it should, by motion, approve the job description, pay classification and authorize recruitment for the new position of Park and Recreation Manager; approve the revised job description for the Recreation Program Coordinator; and job descriptions for the seasonal positions of Pickleball Instructor and Pickleball Assistant. 218 Last Revised: 12/13/2021 Position: Park and Recreation Manager Department: Public Works FLSA Status: Exempt Reports To: Public Works Director General Definition of Work Performs supervisory and administrative work managing the park and recreation program for the City of Mendota Heights under the direction of the Public Works Director. Develops and manages park planning studies and oversees the implementation of strategic park plans. This position is responsible for oversight of long-range and short- term park planning projects, construction, operations, and budgeting. This position will manage the City’s Par 3 golf course. Supervisory position responsible for the recreation program coordinator position, recycling coordinator, and seasonal staff. Qualification Requirements To perform this job successfully, an individual must be able to perform each essential function satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Essential Functions 1.Project Management a.Develop recommendations, work plans, park projects, workflows, policies and procedures that promote the goals of the park and recreation department. b.Manage park projects and administer contracts for all phases of park project planning, design and construction. c.Coordinate with contractors to proactively resolve issues. 2.Park Planning and Policies a.Develop, plan, and implement long and short-term departmental goals and objectives. b.Develop and maintain policies regarding parks and recreational programming. c.Conduct studies and analyze demographic and socioeconomic information to identify present and future needs for parks and recreation facilities. 3.Facility Management a. Manage operations and rental of park facilities and Par 3 golf course and supervise seasonal golf course staff. b.Recommend and administer policies and procedures pertaining to parks, facility, and field usage. c.Coordinate with city park maintenance staff to proactively resolve issues and to promote smooth operations at city parks and park facilities. 4.Supervise Recreation Program Coordinator, recycling coordinator and seasonal personnel. a.Select, train, motivate, and evaluate personnel; establish and monitor employee performance objectives. b.Prepare and present employee performance reviews; provide or coordinate staff training; work with employees to correct deficiencies; recommend and implement disciplinary actions. c.Proactively resolves conflicts and misunderstandings in order to ensure a respectful and inclusive workplace. d.Advise staff on problems related to the maintenance and operations of park facility infrastructure and related systems and the interpretation and related enforcement of rules and regulations. 5.Financial Management a. Prepare and administer park and recreation budget and ensure compliance with City policies and procedures related to purchasing and cash management. b.Write and implement grants for parks and recreations projects. Research grant opportunities, seek input for grant development, and manage grant implementation and evaluation. 6.Coordinate with Dakota County on solid waste abatement efforts. 7.Lead community outreach efforts related to city neighborhood and community parks planning and programming. 219 9b1. Last Revised: 12/13/2021 Meet with the public to discuss park policies, practices, and problems. 8.Prepare and deliver presentations, draft proposals, reports and agenda packet documents to a wide variety of stakeholders, including neighborhoods and City Council. 9.Serve as the Staff Liaison for the Park and Recreation Commission. 10.Other duties as assigned. Knowledge, Skills and Abilities 1.Ability to identify implications and adverse equity impacts when developing or reviewing policies, projects, activities and interactions with stakeholders. 2.Skilled at working cooperatively with others; develops and maintains respectful and effective working relationships with diverse coworkers and community members; consistently brings a high level of self-awareness and empathy to all personal interactions. 3.Ability to work effectively under pressure and to competently handle a number of different tasks in a single period of time. 4.Considerable ability to develop and maintain effective working relationships with City officials, advisory groups, the community, county, schools, staff and the public including presenting to and facilitating public meetings and responding to questions and feedback from the public. 5.Ability to supervise, train and motivate personnel and to solve disciplinary problems. 6.Ability to evaluate community needs for recreational and leisure activities. 7.Provide information and respond to questions and feedback from the public. 8.Ability to adhere to approved program standards and objectives and to innovate, when necessary, to meet specific situations. 9.Working knowledge of personal computers and software including CivicRec, MS Window and MS Office applications. 10.Thorough knowledge of recreation program principles and practices; thorough knowledge of the equipment and techniques necessary to successfully conduct recreation programs; thorough knowledge of the methods involved in organizing, conducting, promoting and supervising recreation activities. Education and Experience Bachelor’s degree in Park and Recreation Administration, public administration, business administration or related field and considerable experience in municipal recreation including recreation programming, coordinating staff, budgets and facilities, scheduling and coordinating athletic leagues and events, supervising part time seasonal staff, marketing facilities and programs or in a service industry setting. Desired Qualifications •Masters of Public Administration •Masters of Parks and Recreation Management •Masters of Business Administration Special Requirements •Valid Driver's license - State of Minnesota •First Aid/AED/CPR Certified - Red Cross or similar agency •Certified Parks and Recreation Professional (CPRP) - National Recreation and Parks Association- within 1 year Physical Requirements: This work requires the occasional exertion of up to 35 pounds of force; work regularly requires speaking or hearing and using hands to finger, handle or feel, frequently requires sitting and occasionally requires standing, walking, reaching with hands and arms, lifting and repetitive motions; no special vision is required; vocal communication is required for expressing or exchanging ideas by means of the spoken word and conveying detailed or important instructions to others accurately, loudly or quickly; hearing is required to perceive information at normal spoken word levels and to receive detailed information through oral communications and/or to make fine distinctions in sound; work requires preparing and analyzing written or computer data, visual inspection 220 Last Revised: 12/13/2021 involving small defects and/or small parts, use of measuring devices, operating machines, operating motor vehicles or equipment and observing general surroundings and activities. Environmental Conditions This work regularly requires exposure to outdoor weather conditions; work is generally in a moderately noisy location (e.g. business office, light traffic). 221 Position: Recreation Program Coordinator Department: Administration FLSA Status: Non-Exempt Reports To: Park and Recreation Manager General Definition of Work Performs intermediate technical work planning, organizing, implementing and supervising a variety of recreation programs and activities, securing program staff, preparing and maintaining appropriate records, and related work as apparent or assigned. Work is performed under the limited supervision of the Park and Recreation Manager. Position supervises seasonal programming staff. Qualification Requirements To perform this job successfully, an individual must be able to perform each essential function satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Essential Functions 1)Assist with park, facility, ad programming policy development and implementation 2)Manages the scheduling and use of recreation facilities for use by the general public, youth athletic associations, schools, special events, and city programs. 3)Coordinates preparation, set-up and maintenance of facilities and fields with other City departments. 4)Plans and coordinates park and recreation programs and activities including creating program plans, assists in developing program budgets, allocating and organizing resources, developing schedules and evaluates recreation programs year-round. 5)Manages the programming and event registration process. 6)Prepare and deliver presentations, draft proposals, reports and agenda packet documents to a wide variety of stakeholders including the Park and Recreation Commission or City Council. 7)Assists in coordinating park renovation and improvement projects. 8)Acts as first point of contact for residents with questions, concerns, issues ideas for programs and facilities. 9)Supervise seasonal programming personnel. a.Select, train, motivate, and evaluate personnel; establish and monitor employee performance objectives. b.Provide or coordinate staff training; work with employees to correct deficiencies; recommend and implement disciplinary actions. c.Proactively resolves conflicts and misunderstandings in order to ensure a respectful and inclusive workplace. d.Advise staff on problems related to the maintenance and operations of park facility infrastructure and related systems and the interpretation and related enforcement of rules and regulations. 10) Other duties as assigned. Knowledge, Skills and Abilities 1.Thorough knowledge of recreation program principles and practices; thorough knowledge of the equipment and techniques necessary to successfully conduct recreation programs; 2.Thorough knowledge of the methods involved in organizing, conducting, promoting and supervising recreation activities; 3.Some knowledge of first aid methods and necessary safety precautions to be used in recreation work; 4.Ability to plan, organize and implement a variety of recreation programs; 5.Ability to plan and supervise the work of subordinates; 6.Ability to communicate ideas effectively in both oral and written formats; 222 Last Revised: 7/25/2017 7.Ability to prepare reports and maintain records; 8.Ability to establish and maintain effective working relationships with program participants, associates and the general public. Education and Experience Bachelor's degree in Recreation and Park Administration or related field and experience in municipal recreation including recreation programming, coordinating staff, budgets and facilities, scheduling and coordinating athletic leagues and events, overseeing part time seasonal staff, marketing facilities and programs or in a service industry setting. Desired Qualifications •Certified Parks and Recreation Professional(CPRP) - National Recreation and Parks Association Special Requirements •Valid Driver’s license - State of Minnesota •First Aid/AED/CPR Certified - Red Cross or similar agency Physical Requirements This work requires the occasional exertion of up to 35 pounds of force; work regularly requires speaking or hearing and using hands to finger, handle or feel, frequently requires sitting and occasionally requires standing, walking, reaching with hands and arms, lifting and repetitive motions; no special vision is required; vocal communication is required for expressing or exchanging ideas by means of the spoken word and conveying detailed or important instructions to others accurately, loudly or quickly; hearing is required to perceive information at normal spoken word levels and to receive detailed information through oral communications and/or to make fine distinctions in sound; work requires preparing and analyzing written or computer data, visual inspection involving small defects and/or small parts, use of measuring devices, operating machines, operating motor vehicles or equipment and observing general surroundings and activities. Environmental Conditions This work occasionally requires exposure to outdoor weather conditions; work is generally in a moderately noisy location (e.g. business office, light traffic). 223 CITY OF MENDOTA HEIGHTS Pickleball Instructor Department: Parks and Recreation Accountable to: Recreation Program Coordinator Class: Seasonal Part‐time, Non‐Exempt JOB SUMMARY The Pickleball Instructor is responsible for instructing youth at various levels and ages in the fundamentals of Pickleball. Performs a variety of duties including developing lesson plans, preparing materials, instructing lessons and camps, and supervising participants. ESSENTIAL JOB FUNCTIONS 1.Plans, organizes and implements adult/youth Pickleball curriculum. Provides lesson plans to Recreation Program Coordinator. 2.Conducts lessons in accordance with established lesson plans one‐on‐one or in a group setting. 3.Runs Pickleball Program, including coaching, scheduling practices and matches. 4.Monitors the involvement of participants through attendance and record keeping. 5.Communicates respectfully and promptly regarding class cancellations and changes to the schedule due to inclement weather or court conditions. 6.Maintains professional relationships with participants to instill safety and cooperation. 7.Provides suggestions, ideas and feedback to the Recreation Program Coordinator regarding the improvement and expansion of the Pickleball program. 8.Creates and maintains a positive public image, while being responsible and dependable. KNOWLEDGE, SKILLS AND ABILITIES •Knowledge of USTA “Quick Start” Program. •Knowledge and skill in the organization and supervision of instructing Pickleball lessons. •Ability to mentor, instruct and encourage participants to improve skill and ability. •Ability to teach sportsmanship, general etiquette. •Ability to communicate effectively orally and writing. •Ability to work with others in a courteous, tactful and professional manner. •Confidence working alone or with a group of people. MINIMUM QUALIFICATIONS •Age 18 or older. •Strong knowledge of the principles and skills of the game of Pickleball. •Previous experience assisting or teaching Pickleball in a camp or lesson setting. •Experience working with youth of all ages. •Ability to work from June through early August. DESIRED QUALIFICATIONS •First Aid/CPR Certification. REVISED: 03/2018 224 CITY OF MENDOTA HEIGHTS Pickleball Assistant Department: Parks and Recreation Accountable to: Recreation Program Coordinator Class: Seasonal Part‐time, Non‐Exempt JOB SUMMARY The Pickleball Assistant is responsible for providing assistance to the Pickleball Instructor instructing adults/youth at various levels and ages in the fundamentals of Pickleball. Performs a variety of duties including assisting with instructing lessons and camps, preparing materials, and supervising participants. ESSENTIAL JOB FUNCTIONS 1.Assists Pickleball Instructor in conducting lessons and camps in accordance with established lesson plans one‐on‐one and in a group setting. 2.May lead lessons and camps, independently in accordance with established lesson plans. 3.Monitors the involvement of participants through attendance and record keeping. 4.Communicate respectfully and promptly regarding class cancellations and changes to the schedule due to inclement weather or course conditions. 5.Maintains professional relationships with participants to instill safety and cooperation. 6.Creates and maintains a positive public image, while being responsible and dependable. KNOWLEDGE, SKILLS AND ABILITIES •Ability to demonstrate basic Pickleball skills and techniques. •Ability to mentor, instruct and encourage participants to improve skill and ability. •Ability to independently lead groups. •Knowledge and skill in the organization and supervision of instructing Pickleball lessons. •Ability to communicate effectively orally and in writing. •Confidence working alone or with a group of people. •Reliable and regular attendance during scheduled work hours. MINIMUM QUALIFICATIONS •Age 16 or older. •Strong knowledge of the principles and skills of the game of Pickleball to teach. •Desire and ability to work with youth of all ages. •Availability to work from June through early August. DESIRED QUALIFICATIONS •Prior experience coordinating and teaching youth Pickleball lessons. •First Aid/CPR Certification 225 REQUEST FOR COUNCIL ACTION DATE: January 18, 2022 TO: Mayor and City Council FROM: Cheryl Jacobson, City Administrator SUBJECT: City Council Strategic Priorities –Fourth Quarter Update INTRODUCTION Staff will provide the City Council with a strategic priorities progress report for the fourth quarter. BACKGROUND Early in 2021, 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 Q4: 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. 227 9c. 2021-2022 City Council Strategic Priorities Q4: 2021 REPORT—OCTOBER/NOVEMBER/DECEMBER Page 1 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 Completed Events: Fire Prevention Open House; Trick-or-Teeing at the Par 3; Halloween bonfire; monthly Tour-de-Rec sessions; 2-Winter field trips and a variety of recycling classes throughout the last quarter. •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 consecutively in Friday News. 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) ONGOING Mayor City Administrator •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 City Administrator Farmers Market: Staff continues to pursue information and determine interest by the St Paul Growers Association (Administrator of 20 other metro farmers markets) as a sponsor of a Mendota Heights Farmers Market. Staff last reached out in December and has not received a response. 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 COMPLETE 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). This item was not included in the FY2022 budget. •Conduct a “table top” exercise practicing emergency management operations and test the functionality of the Mendota Heights Emergency Operations Center (Fire Station training room) Police Chief 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 City Council City Administrator 228 2021-2022 City Council Strategic Priorities Q4: 2021 REPORT—OCTOBER/NOVEMBER/DECEMBER Page 2 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). IN PROGRESS City Council City Administrator The future development of this property is an early concept. The idea needs research and community engagement, and would be part of a broader city development consideration/plan. 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 City Administrator Zoning Code Ordinances Update: Funds were budgeted in FY22 for consultant assistance. Staff has developed a work plan to accomplish a comprehensive update and will launch this work Q1:2022 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 IN PROGRESS PW Director To be considered under the review and revision of the Zoning Code Ordinances (e.g. changes to cell tower standards/requirements have been requested by providers). 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 IN PROGRESS City Council City Administrator PW Director The Ordinance approval and bylaws will be presented at the 2/2/2022 city council meeting. The first meeting is scheduled to take place in April. Determine dedicated funding sources to support Natural Resources policies and activities • Establish annual city budget for natural resources for FY22 COMPLETE City Council City Administrator Finance Director PW Director The FY22 Budget includes new/additional funding for anticipated natural resources commission and programming. Additional budget resources will be considered for FY2023, and depend on the work of the Commission. • Determine future use of Par 3 bond payment dollars and plan for 2023 availability IN PROGRESS City Council City Administrator City funding sources were reviewed as part of the Parks and Recreation Strategic Planning session including the possibility of capturing par 3 bond payments for parks and natural resources beginning in FY2023. Conversation regarding the use of funds will continue. Join Minnesota GreenStep City Program • Determine city process and take actions needed to complete organizing steps to becoming a recognized GreenStep City COMPLETE PW Director Recycling Coordinator The City Council approved resolution 2021-21 authorizing the participation in the Minnesota GreenStep City Program on 03/02/2021. 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 FY22 budget includes funding the purchase of a new plow truck. The new truck will be the second truck with capability of prewetting the salt with brine during snow events. Anticipated delivery of the new truck is December, 2022. 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 PAUSED PW Director Natural Resources Tech • Establish standards/specifications to continue to diversify tree species used in tree inventory replacements ONGOING PW Director Natural Resources Tech Related: Staff has developed a preferred tree species list which was published for residential use. Protect Surface Water Quality • Implement priorities identified in the existing plan ONGOING PW Director Staff continues to research the development of a grant program to assist in neighborhood pond treatment. Priority: Maintain and Improve City Infrastructure and Assets 229 2021-2022 City Council Strategic Priorities Q4: 2021 REPORT—OCTOBER/NOVEMBER/DECEMBER Page 3 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 PAUSED City Administrator Asst. City Administrator Police Chief FY2022 Budget includes funding for the development of “shelf ready” building plans. The project will begin in Q1:2022. 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) COMPLETE City Administrator Asst. City Administrator PW Director Finance Director 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 City Council authorized the creation of a Traffic Solutions Committee to look at traffic issues on Hwy. 62 and Dodd Road in November. Staff is working with MDDOT and Dakota County to launch the work of this group. A first meeting/presentation is expected early Q1:2022. Dakota County held an open house on 11/9/21 for the Regional Roadway System Visioning Study update. Dakota County has requested a work session with the City Council in February. 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 Finance Director City funding sources were reviewed as part of the Parks and Recreation Strategic Planning including the possibility of a future Parks referendum. Research will continue and development of a proposed parks project list for possible referendum is being formulated. • Determine future use of Par 3 bond payment dollars and plan for 2023 availability IN PROGRESS City Council City Administrator Finance Director City funding sources were reviewed as part of the Parks and Recreation Strategic Planning session including the possibility of capturing par 3 bond payments for parks and natural resources beginning in FY2023. Conversation regarding the use of funds will continue. Upgrade existing park and recreation facilities • Replace Wentworth Warming House IN PROGRESS PW Director $275,000- $500,000 Levy/SPF/Grant Architectural plans have been drafted. The City Council will be asked to review plans and authorize bidding for this project at a February 2022 meeting. • Decide and complete skatepark renovations PW Director Rec. Program Coordinator $175,000 Levy/SPF Funding for renovations at the Skatepark were not included in the FY2022 budget. Ongoing maintenance will be performed throughout 2022. Funding for renovations will be considered in the FY23 budget. • Add dugouts to baseball/softball fields at Mendakota Park IN PROGRESS City Administrator PW Director $100,000 SPF The concrete work necessary to fit the dugout structures was completed in November. The dugout structures will be installed in early spring. • Add lights to Civic Center Park • Add lights to baseball/softball fields at Mendakota Park • Add markers and other signage to the city trail system IN PROGRESS PW Director $20,000 Dakota County selected the City’s grant application for Statewide Health Improvement Partnership (SHIP) funds for the development of a Bike and Pedestrian Master Plan. The grant acceptance will be before council at the January 18, 2022 meeting. Reimagine Park/Public space to maximize use • Create use plan for vacant Friendly Hills Tot Lot (e.g. as community garden) NOT STARTED PW Director See Farmer’s Market action item. • Consider feasibility of Bourne Lane property as future park space/regional sporting venue NOT STARTED City Council City Administrator The use of Bourne Lane as a future park space/regional sporting venue is an early concept. The idea needs research and community engagement, and would be part of a broader city development consideration/plan. The item will be discussed at a City Council work session in Q1: 2022. 230