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2022-11-15 City Council Agenda PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA November 15, 2022 6:00 pm Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Approval of November 1, 2022 City Council Minutes b. Acknowledge the October 19, 2022 Parks and Recreation Commission Minutes c. Acknowledge September, 2022 Par 3 Financial Report d. Approval of Community Waste Abatement Agreement with Dakota County e. Approval of Field and Facility Use Policy Revisions f. Approve the Purchase of Fire Department Extrication/Rescue Tools g. Approve Landscaping for the Ivy Falls East and Centre Pointe Street Improvements h. Resolution 2022-89 Accepting Project and Approving Final Payment for the Simard Street Sewer Repair i. Approve Resolution 2022-86 Certifying Delinquent Sewer Accounts j. Approve Resolution 2022-87 Certifying Delinquent Water Accounts k. Approve Massage License l. Acknowledge the September 2022 Fire Synopsis m. Acknowledge the October 2022 Fire Synopsis n. Approval of October, 2022 Building Activity Report o. Approval of Claims List 6. Public Comment Period (for items not on the agenda) *See guidelines below 7. Presentations 8. Public Hearings 9. New and Unfinished Business a. Resolution 2022-85 Canvassing Election Returns b. Authorize Professional Services Contracts for the Roger’s Lake Skate Park Reconstruction c. Resolution 2022-88 Accepting Bids and Awarding Contract for the Rogers Lake and Park Place Pond Improvement Project 10. Community Announcements 11. Council Comments 12. Adjourn Guidelines for Public Comment Period: The Public Comment Period of the agenda provides an opportunity to address the Council on items which are not on the agenda. All are welcome to speak. Comments should be directed to the Council. Comments will be limited to 3 minutes per person; presentations which are longer will need to be scheduled with the City Clerk to appear on a future City Council agenda. Public comments may not be used to air personal attacks, to make political endorsements, or for political campaign purposes. Council members will not enter into a dialogue, nor will any decisions be made at that presentation. Questions from the Council will be for clarification only. If appropriate, the Mayor may assign staff for follow up to the issues raised or occasionally called on to respond. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 1, 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 welcomed Cub Scout Pack 37 in attendance at the meeting. Mayor Levine called the meeting to order at 6:00 p.m. Councilors Paper, Mazzitello, and Miller, were also present. Councilor Duggan was absent. 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 Mazzitello moved approval of the consent calendar as presented, pulling item I. a.Approval of October 18, 2022 City Council Minutes b. Approval of October 18, 2022 Council Work Session Minutes c.Acknowledge the September 13, 2022 Parks and Recreation Commission Meeting Minutes d. Acknowledge the August 23, 2022 Planning Commission Meeting Minutes e.Approve Summary of the City Administrator’s Annual Performance Evaluation f.Approval of Training Assistant Appointment with the Mendota Heights Fire Department g. Resolution 2022-81 Accepting Parks and Recreation Donation h. Approve 2022-2023 Insurance Renewal and Elect to Not Waive Statutory Limits i.Approve Purchase of Radar Feedback Speed Limit Signs j.Authorize Vacation of Private Watermain Agreement for Mendota Plaza Expansion k.Resolution 2022-83 Accepting Project and Approving Final Payment for the Ridge Place Sanitary Sewer and Streambank Repairs 5aCity Council | Tuesday, November 15, 2022 | Page 1 of 146 November 1, 2022 Mendota Heights City Council Page 2 of 7 l. Resolution 2022-84 Approving the Re-Execution of the Joint Powers Agreement Establishing a Watershed Management Organization for the Lower Mississippi River Watershed m. Approve Massage Therapist License n. Approval of September 2022 Treasurer’s Report o. Approval of Claims List Councilor Paper seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEM I) APPROVE PURCHASE OF RADAR FEEDBACK SPEED LIMIT SIGNS Councilor Mazzitello commented that the signs are well liked in the neighborhoods and asked if the sign would be available to be moved around. Public Works Director Ryan Ruzek replied that the City has criteria to use the signs on higher volume roadways that are striped. He noted that this sign would be permanently installed on Emerson Avenue. He noted that the City has a sign that could be mobile upon request. He explained that staff likes to have one extra sign in the case a repair is needed. He stated that staff could add one additional sign onto this purchase order which would ensure that a sign is available for rotation. Councilor Mazzitello commented that he would approve the purchase order as proposed with the potential to add a third in the spring which would provide time to develop a rotational schedule. Councilor Mazzitello moved to approve PURCHASE OF RADAR FEEDBACK SPEED LIMIT SIGNS. Councilor Paper seconded the motion. Further discussion: Councilor Paper asked where the sign would be placed on Emerson. Public Works Director Ryan Ruzek replied that they attempt to find the most efficient location, where sun is available as the sign is solar powered. He noted that the exact location has not yet been determined. Ayes: 4 Nays: 0 PUBLIC COMMENTS Denice Marruffo 537 Simard Street, stated that she is present to ask the cooperation of the City to partner with West and South Saint Paul to build a community center. She commented that there is a need in northern Dakota County for such a facility. She commented on the benefits of a year-round community center that would serve persons of all ages. She asked that the Mayor and Council communicate its desire to partner with West Saint Paul in the building of a community center. Dave Hanson, 1333 Delaware Avenue, thanked the Council for installing the pickleball courts at Marie Park which are heavily used. He commented that he has a list of 80 people that he communicates with City Council | Tuesday, November 15, 2022 | Page 2 of 146 November 1, 2022 Mendota Heights City Council Page 3 of 7 related to pickleball for Marie Park. He stated that it would be great to have a community center to play pickleball in the community in the winter months. Jack Fecht, 1660 James Road, echoed the comments of the previous speakers. He commented on the 3,500 to 4,000 new apartments that could benefit from the community center. He stated that the West Saint Paul Mayor stated that the decision was a financial situation but noted the sponsorship of professional and local sports teams. He believed that sponsorship would be a solution to funding a community center as well. Tica Hanson, 1015 Windwood Court, stated that she is part of the pickleball group that regularly plays at Marie Park and would enjoy a community center. She stated that when her children were growing up, they were able to afford participation in sports clubs. She stated that the reason Mendota Heights has a low crime rate is because children are occupied in sports. She commented on some of the changing demographics and noted the benefit that would be provided through a community center that would provide opportunities for residents of all ages. She commented that the Eagan center is a first-class facility and believed there would be benefit in the City coming together with West Saint Paul to provide its residents with a community center. Darlene Kluznik, 1015 Sibley Memorial Highway in Lilydale, agreed with the comments made thus far. She commented that the investment in people and community is one of the best investments that can be made. Ann Marie Giefer, 20 Hingham Circle, agreed with the statements about the community center. She commented that when the YMCA closed her children lost their opportunity to participate in swimming lessons. She supported the concept of a community center. She stated that she is also excited about the speed sign on Emerson, requesting the segment between Dodd and Delaware near the school. Edgar Herrera a West Saint Paul resident stated that since the YMCA closed that took away the opportunity for the community to gather together in a positive setting. He commented on the diversity of the population that typically uses a community center. He asked that Mendota Heights participate in the partnership. Joel Knoepfler, 1902 Duck Pond Drive in West Saint Paul, provided support for the Mendota Heights citizens in attempting to gain support for the partnership for a community center. He commented that it is not unusual for the cities to partner as they share a school district and partner on recreation opportunities. He commented that the group that has suffered the most since the YMCA closed has been the youth population. He stated that a community center provides a unique opportunity for people of all ages to come together. He stated that it is important for youth and more mature residents to interact together. Jennifer Haefner, 913 Gorman Avenue in West Saint Paul, commented that she fully supports consideration of a community center at the YMCA site as it offers a unique opportunity for different recreational opportunities. She commented that adding ice can add a revenue component. Mayor Levine thanked all the residents that provided input tonight, noting that the Council and staff will have follow up discussion on the topic. City Council | Tuesday, November 15, 2022 | Page 3 of 146 November 1, 2022 Mendota Heights City Council Page 4 of 7 PRESENTATIONS A) CITY-WIDE BIKE AND PEDESTRIAN MASTER PLAN Public Works Director Ryan Ruzek provided background information noting that the City Council awarded a professional services contract to HKGi at their February 15, 2022 meeting for development of a city-wide Bike and Pedestrian Master Plan. This plan is funded through a grant from the Minnesota Department of Health’s State-Wide Health Improvement Partnership (SHIP) administered through the Dakota County Public Health Department. The Council is asked to accept the Bike and Pedestrian Master Plan. Gabrielle Grinde, HKGi, provided an overview of the plan including the introduction, issues and opportunities, recommendations, and implementation. She also reviewed the next steps in the process. Councilor Paper referenced a type of crosswalk and asked if that would be expensive to maintain. Ms. Grinde replied that while it would be a low upfront investment, it does not have a long lifespan. Councilor Paper referenced an example shown with bollards and asked if those would be permanent or seasonal. Ms. Grinde replied it could be done either way. Councilor Paper referenced the high priority project list and stated that only one of those mentioned states that it is not feasible. He asked how it was deemed not feasible. Public Works Director Ryan Ruzek replied that was based on input from City staff. He stated that the City has tried to construct that segment twice in the past but with resident input they did not move forward. He stated that there is drastic topography that would require very expensive retaining walls along with permanent and temporary easements. He stated that there are also two homes that would potentially be impacted. Councilor Paper asked if there have been discussions with the cemetery as his concern would be with safety. He recognized that an alternate route has been created. Public Works Director Ryan Ruzek replied that he views that trail section as very important. He stated that the County wants to release Lexington Avenue to the City and there would be required improvements prior to the City accepting the roadway. He noted that would be the time the trail would be requested as the County would then fund 90 percent of the cost. He commented that the cemetery has been a good partner, but they have not approached them with a trail as that would create a zigzag trail. Councilor Paper commented that it would probably be preferred to cross the road than to be hit by a vehicle. Public Works Director Ryan Ruzek replied that there are other ways to direct trail users to alternate routes. City Council | Tuesday, November 15, 2022 | Page 4 of 146 November 1, 2022 Mendota Heights City Council Page 5 of 7 Mayor Levine referenced the protected bike lanes concept, noting that she was on the Dodd overlay committee when the initial overlay was done on Dodd and the preference at that time was for the green and bollards, but the State denied that request. She asked why that would be denied. Ms. Grinde stated that she cannot speak for MnDOT but perhaps the lane width was a concern. Mayor Levine commented that the roadway was expanded at that time. Public Works Director Ryan Ruzek replied that MnDOT requires a five-foot shoulder on Dodd. He commented that the biggest issue would be with snowplowing and therefore the bollards would need to be removable. He noted that the green striping would also have a cost of about $200,000. He stated that he would not have City staff installing/removing bollards on Dodd Road, and they are unlikely to receive State approval for that either. Mayor Levine commented that she does see a viable alternative. She stated that while it may not be perfect, something is needed. She commented that people cannot get to Somerset School safely and was not understanding why a solution could not be found. Public Works Director Ryan Ruzek replied that the City underwent the Dodd Road study in 2016 and a trail can be built, although condemnation of some property would be required. He provided details on a proposed trail that would use Delaware and Wentworth that would fulfill a major gap. Councilor Paper moved to accept THE BIKE AND PEDESTRIAN MASTER PLAN. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2022-82 APPROVING A CONDITIONAL USE PERMIT FOR COMMERCIAL RECREATION USE (TWIN CITY RACQUET & SQUASH CLUB) IN THE I-INDUSTRIAL DISTRICT – LOCATED AT 1415 MENDOTA HEIGHTS ROAD Community Development Director Tim Benetti explained that the Council was being asked to adopt a resolution approving a conditional use permit (CUP) to Twin City Racquet & Squash Club, which would approve a new commercial recreation use in the I-Industrial District, located at 1415 Mendota Heights Road. Councilor Paper referenced the scope of activities and asked what additional details would need to be known related to the golf simulators and fitness area. City Council | Tuesday, November 15, 2022 | Page 5 of 146 November 1, 2022 Mendota Heights City Council Page 6 of 7 Community Development Director Tim Benetti replied that based upon the measured space of the fitness area, staff felt that 10 to 15 members would safely fit in that area. He commented that no more than one to two people would be within the golf simulator area at one time. Councilor Paper asked and received confirmation that there would only be one golf simulator. He commented that the locker rooms seem to go into the office footprint. Community Development Director Tim Benetti confirmed that the locker rooms would be under that office portion. Councilor Paper referenced the entrances and asked for clarification as there does not appear to be parking on the north side. Community Development Director Tim Benetti identified the proposed entrances and available parking. Councilor Paper asked if there would be an elevator. Community Development Director Tim Benetti was unsure but noted that all City, State and ADA building codes would need to be met. He noted that only one of the loading docks is in operation. Councilor Paper referenced a fence and asked if there would be parking in that area. Community Development Director Tim Benetti confirmed that and identified the area where the fence and striped parking would be located. Councilor Paper commented that there would still be a loading dock and asked how a tractor trailer would access that area with vehicles parking in that area. Community Development Director Tim Benetti replied that only box trucks are using that loading dock. He stated that they feel that there is sufficient space for a truck to have space to maneuver and back up. Councilor Miller moved to approve RESOLUTION 2022-82 APPROVING A CONDITIONAL USE PERMIT TO ALLOW A COMMERCIAL RECREATION USE (TWIN CITY RACQUET & SQUASH CLUB) IN THE I-INDUSTRIAL DISTRICT, LOCATED AT 1415 MENDOTA HEIGHTS ROAD. Councilor Paper seconded the motion. Further discussion: The Council commented that this would be a good use of the facility. The applicant commented that they appreciate the approval of the request and believe this will be a welcome addition to the community. Ayes: 4 Nays: 0 COMMUNITY ANNOUNCEMENTS City Council | Tuesday, November 15, 2022 | Page 6 of 146 November 1, 2022 Mendota Heights City Council Page 7 of 7 City Administrator Cheryl Jacobson announced upcoming events and activities. COUNCIL COMMENTS Councilor Paper recognized men’s health for the month of November. Councilor Miller hoped that everyone enjoyed a happy Halloween, even though they lost the opportunity to hold a community bonfire. He stated that he always enjoyed the bonfire which was a great opportunity for children of all ages to enjoy. He looked forward to an opportunity to find an event to replace that in the future. Councilor Mazzitello echoed some of the comments about the bonfire, noting that staff is already looking for a suitable site for a replacement event that may not be of the same magnitude it had been in the past. He stated that COVID eliminated that event for the past few years as the last bonfire was held in 2019 and was confident that they would be able to find a new venue. He highlighted some upcoming events including the Mendota Heights Derby on Thursday, election day on November 8, and Veterans Day. He commented that they honor all those that have served their country as that debt is paid with the lives of veterans, whether immediately or over time. He asked that the community thank a veteran for the liberties they enjoy every day. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 7:18 p.m. ____________________________________ Stephanie Levine Mayor ATTEST: _______________________________ Christine Lusian City Clerk City Council | Tuesday, November 15, 2022 | Page 7 of 146 This page intentionally left blank. City Council | Tuesday, November 15, 2022 | Page 8 of 146 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING OCTOBER 19, 2022 The October meeting of the Mendota Heights Parks and Recreation Commission was held on Wednesday, October 19, 2022, at Mendota Heights City Hall, 1101 Victoria Curve. 1. Call to Order – Chair Bob Klepperich called the meeting to order at 6:30 p.m. 2. Roll Call – The following Commissioners were present: Chair Bob Klepperich, Commissioners: Jaffrey Blanks, Stephanie Meyer, Michelle Muller, and Amy Smith; absent: Commissioner Patrick Cotter, and Dan Sherer. Student Representative: Meg Murphy. Staff present: Parks and Recreation Manager, Meredith Lawrence, Recreation Program Coordinator Matt Colwell, and Public Works Director, Ryan Ruzek. 3. Pledge of Allegiance The Pledge of Allegiance was recited. 4. Approval of Agenda Motion Blanks/second Smith to approve the agenda AYES 5: NAYS 0 5.a Approval of Minutes from September 13, 2022 Regular Meeting Motion Blanks/second Smith to approve the minutes of the September 13, 2022 Parks and Recreation Commission Regular Meeting. AYES 5: NAYS 0 6. Citizen Comment Period (for items not on the agenda) None. 7.Acknowledgement of Reports Chair Klepperich read the titles of the three updates (Par 3, Recreation, and Park Improvement Updates) and polled the Commissioners for questions. 7.a Par 3 Update Parks and Recreation Manager Meredith Lawrence briefly reviewed the 2022 August Financial Report. She also provided a round report with data from 2018 through 2022. She reviewed the course report, noting that typically the course closes around November 1st. 7.b Recreation Update Recreation Coordinator Matt Colwell highlighted recent and upcoming recreation and programing opportunities and events. Commissioner Smith asked if additional volunteers are needed for the Trick or Teeing event. Mr. Colwell replied that he believed there were enough volunteers but any additional that may be interested could reach out to him. Commissioner Smith asked if the City is participating in a winter gymnastics program in coordination with Two Rivers High School. 5bCity Council | Tuesday, November 15, 2022 | Page 9 of 146 Mr. Colwell replied that there are not plans to hold a winter gymnastics program with the schools noting that they have been coordinating a gymnastics program with West Saint Paul in recent years and provided details. Commissioner Smith voiced concerns that many programs are moving to West Saint Paul and would like to see more of the city’s programs remain in Mendota Heights. 7.c Parks Improvement Update Parks and Recreation Manager Meredith Lawrence provided an update on parks improvement projects and noted that the Bike Pedestrian Plan is almost finalized. She commented that the dugout work has not yet begun at the three parks and if not completed this year it would need to be done right away in the spring to be ready for the spring baseball season. She stated that staff has begun the process for the 2023 projects and provided an update. Commissioner Muller asked for clarification on the Wentworth warming house as she believed that was declined by the City Council. Ms. Lawrence stated that the Council denied the recommendation because there was not a plan in place for funding. She explained that in the preliminary budget discussions, the Council agreed on an amount for a warming house and then provided direction to demo the existing warming house and allow the use of a temporary trailer this year. She confirmed that the project has been scaled down to match the scale of the other warming houses and therefore it will not include bathrooms, water fountains or a large-scale meeting space. Chair Klepperich commented that Commissioner Blanks has volunteered to take his place on the skate park committee and noted that one additional member from the Commission would be needed. Ms. Lawrence stated that staff has reached out to the previous members to determine if they are still interested in participating. She noted that there are some new members that have reached out with interested as well. She stated that she would also like two members from the Commission to work on the RFP for the playground, similar to the Marie Park playground replacement process. Commissioner Meyer asked if there would be a possibility that additional funds could be allocated from the special parks fund for bathrooms in the Wentworth warming house. She stated that was a change that she did not fully appreciate. Public Works Director Ryan Ruzek commented that the cost to have that type of structure was upwards of $1,000,000 and that was why the scale was reduced. Commissioner Meyer recognized the cost increases post-COVID and asked if those increases are anticipated to remain. She stated that she would hate to go forward with a reduced project when the original concept was to have water and bathrooms. She stated that she would like the Council to consider that. Commissioner Muller agreed that access to running water is a service for the entire community. Chair Klepperich stated that was discussed with the City Council and at the budget hearing and those were the decisions made. He stated that they would have had a new warming house at Wentworth two years ago, but the decision was made to go bigger and better which became City Council | Tuesday, November 15, 2022 | Page 10 of 146 cost prohibitive and therefore they are back at the typical scale. He noted that the addition of bathrooms comes with a list of other costs that makes the project not feasible. He commented that they can certainly revisit this at a future meeting if desired. Mr. Ruzek commented that when he did the final walkthrough with the DNR, they recommended that the City apply for their grants for park improvements. He stated that perhaps that would be an eligible expense for the grant and noted that he would recommend that the City always apply for the DNR grant. Motion Smith/second Blanks to acknowledge the staff reports. AYES 5: NAYS 0 8. New Business 8.a MHAA Presentation Chair Klepperich stated that they have heard a lot from MHAA baseball/softball but not much from the other sports and therefore he and Commissioner Blanks believed this would be an opportunity to hear from other sports in the organization. Parks and Recreation Manager Meredith Lawrence stated that representatives are present to provide input on their sport. Bryce Anderson, MHAA Lacrosse Commissioner, provided an overview on the youth lacrosse 2022 operations as well as the youth lacrosse coaching resources and requirements. He reviewed the 2022 youth lacrosse participation numbers in each age category and identified the parks and recreation assistance needs for Kensington Park. Chair Klepperich thanked Mr. Anderson for sharing this information. Commissioner Smith asked if lacrosse prefers playing on turf or grass. Mr. Anderson replied that in mid-summer they would not prefer turf, but it would be helpful in earlier times of the season. He stated that they are satisfied with Kensington. Commissioner Blanks asked the total number of kids participating. Mr. Anderson replied 66 kids this year. He stated that when he got involved eighth grade was the gap and continues to the be problem as there are not enough kids at that level. He commented that currently the seventh grade is a large class. Commissioner Muller asked if Two Rivers currently has a girls and boys’ team. Mr. Anderson replied that the school previously partnered with another school for those teams. He commented that many kids start lacrosse late, such as the high school level. Commissioner Muller commented that she walked through Kensington this summer and one of the coaches gave her son a ball to practice with. She stated that he enjoyed watching and has been practicing at home. Ms. Lawrence commented that MHAA owns the lacrosse goals. She noted that the City does provide soccer goals and therefore if the goals are in rough shape, perhaps it would be time for the City to purchase lacrosse goals. City Council | Tuesday, November 15, 2022 | Page 11 of 146 Mr. Anderson noted that he includes the goals and netting in his budget and agreed that would be helpful for the City to supply that item. He reviewed the different items that are included in the calculation of user fees. Andrew Katz, In-House MHAA Soccer Director, stated that their season runs mid-August through early October. He provided background information on the previous participation numbers of the soccer program, noting that the program has grown. They had to move to the District 197 fields as the City did not have space to accommodate their participants. He reported 945 kids participating in the 2022 season which is the highest level they have experienced. He stated that they have the largest number of kids at the youngest age levels, and it filters down as they move up. He noted that at least half of the kids in the program are from the zip codes of the local school districts. He explained that they are a very popular program and there are children coming from other communities to play here. He stated that MHAA offers the community rec program and then at the 5/6 grade levels they partner with the Salvo Soccer Club and those kids have the opportunity to play children from other communities. He explained some of the other benefits of partnering with the soccer club. He stated that in terms of how the City could assist; at this point they would ask for a stronger partnership between the City and SALVO to be established. He also asked for leeway on some of the tournament scheduling deadlines in the future. Commissioner Smith asked if it would help if Salvo was on the priority list at the same level as MHAA for field rental applications. Mr. Katz replied that would be a tough question because it would depend on the season. He noted that Salvo would have other field options in other communities. He stated that he would still prioritize the MHAA ask over the Salvo ask. Commissioner Muller commented that she thinks there was a disconnect with MHAA and Salvo this year, noting that families could not access team rosters on MHAA’s website anymore. She commented that it seems like Salvo is taking control. Mr. Katz replied that MHAA used Sports Engine like the rest of MHAA sports, but Salvo used a different system and wanted to move the MHAA teams to that system. He recognized that it did not work as intended. He stated that they will be reviewing that in the postseason review, along with other technical issues. Commissioner Muller commented that for families that have been in the community and have seen the program grow, they were very caught off guard this past year with those changes. She stated that she had a parent that felt strongly about moving fields back to Mendota Heights but recognized that there are not enough fields in the community to serve the program. She commented on the negative experience with the bathrooms this year at Heritage. Mr. Katz stated that they had issues with the portable bathrooms this year and will not be using that vendor again. He stated that he will forward that issue of confusion in receiving communication from Salvo versus MHAA. Commissioner Muller asked if Mr. Katz believes that MHAA will be able to keep an in-house program through sixth grade. City Council | Tuesday, November 15, 2022 | Page 12 of 146 Mr. Katz confirmed that they would continue to offer their in-house program. He noted that soccer has a large budget and subsidizes other MHAA programs. He reviewed the goals of the soccer program. Commissioner Blanks commented that the program is quite a bit larger than he thought and appreciated the information. He commented that they are doing great work and hoped that they continue to do so. Chair Klepperich thanked Mr. Katz for his presentation and for his service on the Planning Commission. He thanked both Mr. Anderson and Mr. Katz for sharing their program information with the Commission. 8.b Frozen Fun Fest Proposal Recreation Coordinator Matt Colwell stated that staff has begun planning for the second annual event, noting that some adjustments have been made to dates and activities. He reviewed the tentative event timeline as currently being discussed by staff. He asked that the Commission review the report and provide any additional input. Chair Klepperich asked where the bonfire would be held. Mr. Colwell replied that a park location has not yet been determined. Commissioner Smith asked if an ice-skating loop could be made. Mr. Colwell replied that he would look into the feasibility of that concept. Parks and Recreation Manager Lawrence noted that the question for that would be flooding, and whether that would be flooded the entire season or just for that event. Commissioner Meyer asked if these dates are locked in as this would be Presidents Day weekend and some families go out of town that weekend. Mr. Colwell replied that they would be open to other dates but noted that they chose these dates in order to avoid the Saint Paul Winter Carnival. Commissioner Smith asked if the City would be hosting any Valentine’s Day events. Mr. Colwell noted that the weekend before this event is the backup date for the Blade with the Blue event and therefore, he would not want to overlap those events. Commissioner Smith asked if there would be tee times for the snow golf. Mr. Colwell replied that he would envision that people would sign up for a tee time within the activity window, but nothing has been decided. Commissioner Muller asked if they are going away from the band and food truck. Mr. Colwell stated that he received feedback about that portion of the event and bands generally want a full heated tent which adds additional costs and therefore he wants to move away from that event style and focus on putting those funds towards community events. City Council | Tuesday, November 15, 2022 | Page 13 of 146 Commissioner Muller commented that perhaps a food truck could be paired with skating or the bonfire. Mr. Colwell agreed that there will be other details for these events that have not yet been worked on. Ms. Lawrence noted that the dates for the event will need to be finalized by November 1st in order to meet marketing deadlines. 9. Unfinished Business 9.a Ivy Hills Park Tennis Backboard Request Chair Klepperich noted that this item was discussed in depth at the last meeting, and this would be the time for the Commission to make its decision. Parks and Recreation Manager Meredith Lawrence provided background on the request that was received for a backboard for tennis usage at Ivy Hills Park. She stated that the item was tabled at the last meeting with direction for staff to gather additional information. She stated that notice was mailed to residents abutting the park boundary on August 15th inviting them to the September meeting to provide input. She explained the purpose of a tennis backboard noting that staff has only received two noise complaints since the installation of the backboard at Marie Park. She noted that many parks in the metro area have backboards and complaints have not been brought to the attention of the City. She provided details on the estimated cost of $2,500 for the backboard, which would be purchased and installed by public works staff in 2023 and could be funded through the special parks fund. She reviewed the results of the noise test completed by staff on September 28th. She submitted the three emails received from residents providing input on this topic and identified where those residents live in comparison to the court location. Commissioner Smith asked if there was discussion at the last meeting about having a backboard at Friendly Hills in order to keep the parks equitable. Ms. Larwrence replied that was not discussed as they have been working on a request basis for backboards. She stated that if the Commission would like to consider that for Friendly Hills, she would want to ensure that homeowners are solicited for input. Commissioner Meyer commented that Marie Park is a special situation because it is tucked away and down a hill, therefore some things that work in that park do not work in every park. Chair Klepperich commented that the resident that is opposed to this request is directly adjacent to the court and therefore that is an issue that should be considered. Motion Meyer/second Blanks to recommend denial of the backboard at the Ivy Hills tennis court. AYES 5: NAYS 0 9.b Community Engagement Outreach Update Chair Klepperich stated that staff is in need of summaries of the outreach sessions in order to compile a report. Parks and Recreation Manager Meredith Lawrence stated that an update was included in the packet noting that she was able to attend the Rotary meeting with two Commission members City Council | Tuesday, November 15, 2022 | Page 14 of 146 and she will return to the Rotary to provide an additional presentation in November. She noted that Commissioner Sherer has provided some summaries and requested that the rest of the Commission provide their summaries so that she can compile that data for review in preparation for the 2023 work plan. 9.c Parks and Recreation Strategic Planning Update Parks and Recreation Manager Meredith Lawrence provided an update on the Parks and Recreation Strategic Plan initiatives. Commissioner Blanks asked if there is a goal number of participants for the volunteer program. Ms. Lawrence noted that the goal was to establish the program and get opportunities out to the community, therefore staff is happy with the results thus far. Commissioner Meyer asked if community members are being used to test the usability of the website updates. Ms. Lawrence noted that there is a committee of staff members of different levels to test and make recommendations to the website. Commissioner Meyer noted that perhaps that could be a remote volunteer opportunity for residents. 10. Staff Announcements Parks and Recreation Manager Meredith Lawrence shared the following announcements: • Warming house staff is needed and encouraged interested individuals to apply online • Other events can be found on the City’s website 11. Student Representative Update Student Representative Murphy commented that it was nice to hear about the different sports programs tonight. She stated that the warming house staff would be a great opportunity for high school students. She commented on the great items tonight that include the younger population in the community. 12. Commission Comments and Park Updates Commissioner Smith • Friendly Hills tennis courts are in high demand after the resurfacing, as are the pickleball courts • The dog park event seemed to be well enjoyed Commissioner Blanks • Parks are still busy, although activity is dying down a bit • Encouraged residents to get out and bike while the weather allows Commissioner Muller • Fall has been beautiful, and she has enjoyed getting out in the parks • Thanks people that volunteered in the event at Copperfield Ponds City Council | Tuesday, November 15, 2022 | Page 15 of 146 • Noticed an orange cone at the skate park and was unsure if that was placed by the City or users Ms. Lawrence stated that she is not aware of any safety issues and therefore she would believe that was placed by users. Commissioner Meyer • Marie Park has been busy with pickleball • Thanked Commissioner Blanks for putting together two engagement activities that went well Chair Klepperich • Ivy Hills and Valley View were quiet today and in good shape 13. Adjourn Motion Meyer/Second Blanks to adjourn the meeting at 8:05 PM AYES 5: NAYS 0 Minutes drafted by: Amanda Staple TimeSaver Off Site Secretarial, Inc. City Council | Tuesday, November 15, 2022 | Page 16 of 146 Request for City Council Action DATE: November 15, 2022 TO: Mayor, City Council and City Administrator FROM: Meredith Lawrence, Parks and Recreation Manager SUBJECT: Acknowledge the September Par 3 Financial Report INTRODUCTION The City Council is asked to acknowledge the September Par 3 Financial Report. BACKGROUND In the month of September, the course had a total of 1,798 rounds of golf played. The Par 3 had a total of $23,311 in revenue during the month of September. The 2022 year-to-date revenue total including September is $246,461. The course’s September expenditures totaled $26,444. The year-to-date expenditure total is $183,948. As of now the course is showing a $62,513 operating surplus. It is important to note that within the month of September the course paid for a new aerator in the amount of $26,205.88. Since this is a one-time capital purchase the expense is not included in the monthly operating summary report. This expenditure will be included in the 2022 audit as a capital outlay expenditure for the Par 3. Attachment: September Par 3 Financial Report RECOMMENDATION Staff recommends that the Mendota Heights City Council acknowledge the September Par 3 Financial Report. ACTION REQUIRED If the Council concurs, it should, by motion acknowledge the September Par 3 Financial Report. 5cCity Council | Tuesday, November 15, 2022 | Page 17 of 146 MONTHLY EXPENDITURE REPORT SEPTEMBER 2022 MENDOTA HEIGHTS PAR 3 BUDGET TO ACTUAL REPORT SEPTEMBER 2022 (66.67% OF YEAR) Septeber REVENUES September YTD YTD YTD BUDGET 2022 2022 %2021 GREENS, LEAGUE & TOURN FEES $110,000 $19,871 $163,410 148.55%$154,812 RECREATION PROGRAMS $40,000 $0 $51,358 128.39%$49,460 CONCESSIONS $19,000 $3,348 $31,298 164.72%$23,221 SUNDRY REVENUE $0 $92 $395 0.00%$1,196 INTEREST $450 $0 $0 0.00%$0 INSURANCE CLAIM $0 $0 $0 0.00%$0 PAR 3 FUND REVENUE TOTAL $169,450 $23,311 $246,461 145.45%$228,689 EXPENDITURES September YTD YTD YTD BUDGET 2022 2022 %2021 CLUBHOUSE SALARIES $34,300 $8,067 $39,340 114.69%$35,861 ADMINISTRATIVE SALARIES $25,807 $1,644 $18,198 70.52%$16,362 FICA/PERA $10,768 $1,609 $8,625 80.10%$7,545 MEDICAL INSURANCE $6,851 $571 $5,138 75.00%$4,990 U/E & W/C INSURANCE $3,100 $0 $3,103 100.09%$3,217 RENTALS $4,750 $0 $6,298 132.60%$4,849 UTILITIES $12,555 $1,341 $9,932 79.10%$9,322 PROFESSIONAL FEES - AUDIT $2,900 $0 $2,877 99.21%$2,850 PROF FEES - CONSULTING FEES $1,100 $0 $0 0.00%$0 PROF FEES - GROUNDS MGMT $7,050 $0 $3,728 52.88%$0 PROF FEES - GROUNDS WAGES $22,000 $3,853 $15,774 71.70%$17,250 PROF FEES - TREE MAINTENANCE $1,500 $0 $5,300 0.00%$909 LIABILITY/AUTO INSURANCE $4,800 $0 $3,885 80.94%$3,997 OPERATING COSTS/SUPPLIES $7,850 $785 $10,674 135.97%$9,431 FUEL $1,750 $321 $2,291 130.94%$1,449 REPAIRS & MAINTENANCE $47,500 $5,946 $37,520 78.99%$36,784 SUNDRY/DUES/MILEAGE/CLOTHING $5,500 $716 $3,179 57.80%$8,696 ONLINE REG & CREDIT CARD FEES $7,475 $1,591 $8,086 108.17%$5,621 PAR 3 EXPENDITURES TOTAL $207,556 $26,444 $183,948 88.63%$169,133 11/3/2022 City Council | Tuesday, November 15, 2022 | Page 18 of 146 Request for City Council Action DATE: November 15, 2022 TO: Mayor, City Council, and City Administrator FROM: Meredith Lawrence, Parks and Recreation Manager SUBJECT: Community Waste Abatement Agreement with Dakota County INTRODUCTION The City Council is asked to approve the 2023 Community Waste Abatement Grant Agreement allowing the City to continue to 1) utilize a shared recycling position with the cities of West St. Paul, South St. Paul, Sunfish Lake and Lilydale, with West St. Paul acting as the fiscal agent, and 2) receive reimbursement funding from Dakota County for waste abatement services provided by the city. BACKGROUND The City Council approved a joint powers agreement (JPA) in November, 2020 for the city of West St. Paul to act as the fiscal agent for waste abatement funding from Dakota County. Mendota Heights is proposed to receive approximately $27,000 in community funding from Dakota County in 2023 to assist in its recycling efforts. Under the current JPA, West St. Paul acts as the fiscal agent which simplifies the reporting requirements from the member cities so that only one report and reimbursement submittal from the recycling position is needed by the County. There are no other changes to the County grant in 2023. West St. Paul approved the changes and the member cities are now asked to sign. BUDGET IMPACT Funding has been included in the FY2023 preliminary budget. RECOMMENDATION Staff recommends that the City Council authorize the City Administrator, to act as the authorized signer, to execute the 2023 grant agreement for community waste abatement. ACTION REQUIRED If the Council concurs, it should, by motion, approve the attached COMMUNITY WASTE ABATEMENT 2023 GRANT AGREEMENT to be executed by the City Administrator. This action requires a simple majority vote. 5dCity Council | Tuesday, November 15, 2022 | Page 19 of 146 Dakota County Contract #C0036023  2023 Grant Agreement  Page | 1 of 9    COMMUNITY WASTE ABATEMENT 2023 GRANT AGREEMENT This Community Waste Abatement Grant Agreement (Agreement) is made and entered into by and between the County of Dakota, acting through its Environmental Resources Department (County) and City of West St. Paul, itself and acting as the fiscal agent for the cities of South St. Paul, Mendota Heights, Sunfish Lake, and Lilydale (Grantees). WHEREAS, Metropolitan counties are responsible for waste management policy and programs (Minn. Stat. §115A.551); and WHEREAS, Dakota County Solid Waste Ordinance 110 requires each municipality in the County to have a solid waste abatement program that is consistent with the Dakota County Solid Waste Master Plan (Master Plan); and WHEREAS, the Dakota County Solid Waste Master Plan (Master Plan) governs all solid waste management in the County (Minn. Stat. § 115A.46); and WHEREAS, municipalities may not develop or implement a solid waste management activity that is inconsistent with the Master Plan (Minn. Stat. § 115A.46); and WHEREAS, the Master Plan supports performance-based funding for municipalities to develop and implement waste abatement programs, education, and outreach; and WHEREAS, by Resolution No. 19-577 (June 18, 2019), the Dakota County Board of Commissioners approved the Community Waste Abatement Grant Program; and WHEREAS, funding amounts are established by the County Board each year as part of the Environmental Resources Department (Department) budget; and WHEREAS, the Grantees agree to perform all activities described in this Agreement and Dakota County Waste Abatement Community Grant Program Exhibits 1 (Guidelines) and 2 (Application) (collectively referred to as the “Exhibits”) to the satisfaction of the County. NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises and covenants contained in this Agreement, the County and the Grantee agree as follows: AGREEMENT 1. PURPOSE. The purpose of this Agreement is to provide grant funding to eligible municipalities to implement solid waste abatement activities as described in this Agreement and the Exhibits. 2. ELIGIBILITY. Eligible municipalities include Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Lilydale, Mendota, Mendota Heights, Rosemount, South St. Paul, Sunfish Lake and West St. Paul. 3. PARTIES. The parties to this Agreement are the County and Grantees, collectively referred to as the “parties”. 4. TERM. Notwithstanding the dates of signatures of the parties to this Agreement, this Agreement shall commence on January 1, 2023, through December 31, 2023, (grant calendar year) for the purposes of completing activities identified in Exhibit 2 and shall continue until April 1, 2024, for the purpose of reimbursement, unless earlier terminated by law or according to the provisions of this Agreement. 5. GRANTEES OBLIGATIONS. The Grantees shall: A. Develop, implement, and operate a local comprehensive landfill abatement program that complies with the Master Plan, Dakota County Solid Waste Ordinance 110, this Agreement, and the Exhibits. B. Fulfill all responsibilities for Base and, if applicable, for Supplemental Funding as outlined in Exhibit 1. C. Report time, expense, and performance pursuant to responsibilities set forth in this Agreement using County report forms (Exhibit 2) and additional agreed-upon reporting tools provided by the County Liaison. City Council | Tuesday, November 15, 2022 | Page 20 of 146 Dakota County Contract #C0036023  2023 Grant Agreement  Page | 2 of 9    6. ELIGIBLE AND INELIGIBLE EXPENSES. Grantees may use allocated funds only on eligible items as identified in Exhibit 1 and completed within the calendar year of this Agreement. Other waste abatement expenses may be eligible with prior written approval from the County Liaison. 7. FUNDING AMOUNT. Grantees receive performance-based funding in part from a pass-through grant from the State. Funding amounts are contingent upon available State and County funds and reflect the funding levels approved by the County Board as part of the annual budget. Base Funding is allocated for administration, residential communications, municipal facilities best management verification and employee education, and special collections. Optional Supplemental Funding is allocated for multifamily recycling, additional special collections or reduce/reuse activities, in-person education, event recycling/organics, and to meet funding gaps in eligible grant categories. The allocated funding for the Grantees, or the fiscal agent of a legal entity acting on their behalf, shall be in the total amount not to exceed $106,305.00, as set forth in Exhibit 2. 8. FUNDING MATCH. Grantees shall provide a 25% match of the total reimbursed grant funding amount through a cash match, in-kind contribution, or combination thereof, to pay for any new or ongoing activities that are instituted by the grant (i.e., any eligible expenses, whether new or ongoing). 9. FUNDING SOURCE ACKNOWLEDGEMENT. Provide funding source credit on all print materials, written as: Partially funded by Dakota County and the Minnesota Pollution Control Agency. 10. RECORDS. The Grantees shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Grantees shall manage funds in a dedicated bank account, maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. All records and accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt of payment from the County pursuant to this Agreement. 11. PERFORMANCE REPORTING AND REIMBURSEMENT. Grantees shall report performance of responsibilities set forth in this Agreement and the Exhibits on a report form provided by the County. Grantees may request reimbursement for eligible expenses, less revenues or other funds received, incurred in connection with the performance of activities in accordance with this Agreement and the Exhibits on a reimbursement form provided by the County. Reimbursement requests must be submitted to the County Liaison by July 15 of the grant calendar year and by January 15 following the grant calendar year. The Grantees must certify that the requested reimbursements are accurate, appropriate and eligible in accordance with this Agreement, that the Grantees has submitted complete documentation of the actual expenditures for which reimbursement is sought, and that such expenditures have not been otherwise reimbursed. Reimbursement requests must be supported by documentation such as vendor invoices, receipts, or detailed financial reports produced using municipal accounting software, itemizing all expenses related to the grant, including salary and benefits. Any reimbursement request for multiple municipalities must separately itemize the request for reimbursement for each individual municipality. Reimbursement request payment will not be made for activities with incomplete documentation. Complete reimbursement requests are reviewed by the County Liaison. Payment for approved reimbursement requests will be made to the Grantees within 30 calendar days of approved reimbursement request submissions. Reimbursements will be made for approved expenditures incurred within the grant calendar year. No reimbursements will be made for reimbursement requests received after February 15 following the grant calendar year. 12. FAILURE TO PERFORM. Upon review of each Grantees report, the County Liaison will notify the Grantees in writing of any unsatisfactory performance. Reimbursements will be authorized only for activities performed to the satisfaction of the County within the terms of this Agreement. 13. AMENDMENTS. The Dakota County Environmental Resources Director (Director) shall have the authority to approve modifications to the Funding Amount as requested by the Grantees, as long as the amount payable does not exceed the amount allocated in Section 7 and so long as the proposed modifications are consistent with the Agreement and Exhibits. The County Liaison shall have the authority to approve modifications to the Application activities and related expenses within a funding category as requested by the Grantees, so long as the proposed modifications are consistent with the Agreement and Exhibits. City Council | Tuesday, November 15, 2022 | Page 21 of 146 Dakota County Contract #C0036023  2023 Grant Agreement  Page | 3 of 9    14. PROPERTY. Upon termination of this Agreement or unless otherwise specified, any eligible infrastructure purchased by the Grantees or by the County and provided to the Grantees to fulfill Grant obligations shall be the sole property of the Grantees. 15. INDEMNIFICATION. Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the County and Grantees. The provisions of this section shall survive the expiration or termination of this Agreement. 16. 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 the authority specifically granted by their respective governing boards. The parties shall provide written notification to each other of any change to the Authorized Representative. 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 of this Agreement. TO THE COUNTY TO THE GRANTEES Nikki Stewart, Director, or successor Nate Burkett, or successor, City Manager Environmental Resources Department 14955 Galaxie Avenue Apple Valley, MN 55124 Christy Wilcox, or successor, Division Manager Cheryl Jacobson, or successor, City Administrator Catherine Iago, or successor, City Clerk Mary Schultz, or successor, City Administrator 17. LIAISONS. To assist the parties in the day-to-day performance of this Agreement, to ensure compliance, and provide ongoing consultation, a liaison shall be designated by the County and the Grantees. The County and the Grantees shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: COUNTY LIAISON GRANTEES LIAISON Gena Gerard Dave Schletty Environmental Specialist Parks & Rec Director 952-891-7021 651-552-4152 gena.gerard@co.dakota.mn.us dschletty@wspmn.gov 18. TERMINATION, GENERAL. Either party may terminate this Agreement for cause by giving seven days’ written notice or without cause by giving thirty (30) days’ written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the other party. In addition, notification to the County or the Grantees 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. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 19. TERMINATION BY COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the County to the Grantees by email or facsimile is sufficient notice under this section. The County is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. 20. USE OF CONTRACTORS. The Grantees may engage contractors to perform activities funded pursuant to this Agreement. However, the Grantees retains primary responsibility to the County for performance of the activities and the use of such contractors does not relieve the Grantees from any of its obligations under this Agreement. If the Grantees engages any contractors to perform any part of the activities, the Grantees agrees that the contract for such services shall include the following provisions: City Council | Tuesday, November 15, 2022 | Page 22 of 146 Dakota County Contract #C0036023  2023 Grant Agreement  Page | 4 of 9    A. The contractor must maintain all records and provide all reporting as required by this Agreement. B. The contractor must defend, indemnify, and hold harmless and save 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. 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 and incorporated as Exhibit 3, 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 Grantees 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. G. The contractor must use County toolkits (i.e., text, content, images) and follow the County’s Waste Abatement Education and Outreach Style Guide to provide standardized messaging. 21. COMPLIANCE WITH LAWS/STANDARDS. The County and Grantees agree to abide by all federal, state or local laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Agreement or to the facilities, programs and staff for which either party is responsible, including but not limited to Minn. Stat. § 115A, which requires cities to collect recyclable materials at all facilities under their control, wherever trash is collected, and to transfer the recyclable materials to a recycler. 22. EXCUSED DEFAULT – FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 23. CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE. A. In General. All remedies available to either party for breach of this Agreement are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The rights and remedies provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. B. Waiver. Any waiver is only valid when reduced to writing, specifically identified as a waiver, and signed by the waiving party’s Authorized Representative. A waiver is not an amendment to the Contract. The County’s failure to enforce any provision of this Contract does not waive the provision or the County’s right to enforce it. 24. RECORDS RETENTION AND AUDITS. Each party’s bonds, records, documents, papers, accounting procedures and practices, and other records relevant to this Agreement are subject to the examination, duplication, transcription and audit by the other party, the Legislative Auditor or State Auditor under Minn. Stat. § 16C.05, subd. 5. If any funds provided under this Agreement use federal funds these records are also subject to review by the Comptroller General of the United States and his or her approved representative. Following termination of this Agreement, the parties must keep these records for at least six years or longer if any audit-in-progress needs a longer retention time. 25. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing and signed by the authorized representatives of the County and Grantees. 26. ASSIGNMENT. Neither party may assign any of its rights under this Agreement without the prior written consent of the other party. Consent under this section may be subject to conditions. City Council | Tuesday, November 15, 2022 | Page 23 of 146 Dakota County Contract #C0036023  2023 Grant Agreement  Page | 5 of 9    27. GOVERNMENT DATA PRACTICES. For purposes of this Agreement, all data on individuals collected, created, received, maintained or disseminated shall be administered consistent with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13. 28. MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota or U.S. District Court, District of Minnesota. The provisions of this section shall survive the expiration or termination of this Agreement. 29. MERGER. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. There are no representations, warranties, or provisions, either oral or written, not contained herein. 30. SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. 31. ELECTRONIC SIGNATURES. Each party agrees that the electronic signatures of the parties included in this Contract are intended to authenticate this writing and to have the same force and effect as wet ink signatures. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date(s) indicated below. FOR DAKOTA COUNTY (I represent and warrant that I am authorized to execute this contract on behalf of Dakota County.) By: _____________________________________ Nikki Stewart, Director Environmental Resources Department Date of signature:__________________________ APPROVED AS TO FORM: /s/ Dain L. Olson 10/26/22 Assistant County Attorney/Date KS-22-586-002 Dakota County Contract #C0036023 County Board Res. No. 19-577 CITY OF WEST ST. PAUL (I represent and warrant that I am authorized by law to execute this contract and legally bind the Grantee.) By: _____________________________________ Signature Printed Name: Title: Telephone: Date of signature: Attest: Title: Date: City Council | Tuesday, November 15, 2022 | Page 24 of 146 Dakota County Contract #C0036023  2023 Grant Agreement  Page | 6 of 9    CITY OF SOUTH ST. PAUL (I represent and warrant that I am authorized by law to execute this contract and legally bind the Grantee.) By: _____________________________________ Signature Printed Name: Title: Telephone: Date of signature: Attest: Title: Date: City Council | Tuesday, November 15, 2022 | Page 25 of 146 Dakota County Contract #C0036023  2023 Grant Agreement  Page | 7 of 9    CITY OF MENDOTA HEIGHTS (I represent and warrant that I am authorized by law to execute this contract and legally bind the Grantee.) By: _____________________________________ Signature Printed Name: Title: Telephone: Date of signature: Attest: Title: Date: City Council | Tuesday, November 15, 2022 | Page 26 of 146 Dakota County Contract #C0036023  2023 Grant Agreement  Page | 8 of 9    CITY OF SUNFISH LAKE (I represent and warrant that I am authorized by law to execute this contract and legally bind the Grantee.) By: _____________________________________ Signature Printed Name: Title: Telephone: Date of signature: Attest: Title: Date: City Council | Tuesday, November 15, 2022 | Page 27 of 146 Dakota County Contract #C0036023  2023 Grant Agreement  Page | 9 of 9    CITY OF LILYDALE (I represent and warrant that I am authorized by law to execute this contract and legally bind the Grantee.) By: _____________________________________ Signature Printed Name: Title: Telephone: Date of signature: Attest: Title: Date: City Council | Tuesday, November 15, 2022 | Page 28 of 146 Dakota County Community Waste Abatement Grant Program 2023 Guidelines I.Grant Overview A.Municipalities in Dakota County have responsibilities to establish and maintain comprehensive local waste abatement programs. Dakota County provides educational, financial, and technical assistance to municipal governments to aid local waste abatement programs. The Dakota County Community Waste Abatement Grant Program (Program) assists municipalities with waste abatement expenses. II.Grant Eligibility A.Dakota County municipalities are eligible for the Program, excluding Dakota County townships and the cities of Coates, Hampton, Miesville, New Trier, Randolph and Vermillion. B.Municipalities with fewer than 1,000 households are eligible for limited funding in specific categories. C.To be eligible for Municipal Facilities Verification and Education funding, municipality must have at least one municipal facility to verify or at least one employee to educate, other than the municipal Liaison. D.To be eligible for Multifamily Recycling funding, municipality must have multifamily housing. E.To be eligible for Reduce/Reuse funding, municipality must have best waste management practices in place at all municipal/park facilities. III.Grant Funding Allocation and Match A.Funding amounts are determined annually by the County Board of Commissioners. B.Base Funding: Base Funding is allocated for required grant activities, including administration, residential communications, municipal facilities/parks verification, employee education, and special collections. C.Supplemental Funding: Optional Supplemental Funding is allocated for multifamily recycling, additional special collections, Reduce/Reuse activities, in-person education, event recycling, and gap funding. D.Matching Funds: Cities must provide a 25% match of the total reimbursed grant funding amount (Base Funding plus Supplemental Funding) through a cash match, in-kind contribution, or combination thereof, to pay for any activities that are instituted by the grant (i.e., any eligible expenses, whether new or ongoing). Any expenses that are not listed in the Guidelines as Eligible Expenses are ineligible for matching funds unless pre-approved by the County Liaison. E.Fund Eligibility Limits and Flexibility: a fund allocation maximum is set for each Base and Supplemental Funding grant category to align funding levels with Master Plan priorities, diversion potential, and other criteria, as defined in the Fund Allocation document. Fund allocations may be adjusted across grant categories, up to 10%, while not exceeding the total fund allocation for a given year, with prior written approval from the County Liaison. Dakota County Contract #C0036023 Exhibit 1 - Page 1 of 13 City Council | Tuesday, November 15, 2022 | Page 29 of 146 IV. Grant Application Instructions A. Complete all pages of the Application, excluding shaded areas for reporting. B. Use whole numbers for hours included in Cost Basis Calculations. C. If multiple municipalities submit one Application, the Application must itemize descriptions, costs, and funding requests for each municipality. Insert additional rows as needed. Submit Application by October 1, 2022 to Dakota County for review. Email to: gena.gerard@co.dakota.mn.us. D. Finalize Application and collect signature of authorized representative (i.e., authorized contract signatory). E. Submit signed Application to Dakota County for approval. Email to: gena.gerard@co.dakota.mn.us. F. Obtain Grant Agreement from Dakota County. G. Execute Grant Agreement. H. Complete all shaded areas for the mid-year and final reports as described in Guidelines Section VII. V. Funding Requests Part 1: Base Funding Request (Required) 1. Grant Administration and Master Plan Support Minimum Grant Requirements A. Fulfill responsibilities necessary for effective grant administration and demonstrate performance of waste abatement programs. B. Identify and ensure new municipal Liaison(s) is properly trained to fulfill responsibilities by attending the Dakota County Master Recycler/Composter class or equivalent as approved by the County Liaison. C. Participate in solid waste management training (e.g., Association of Recycling Managers [ARM] regional meetings, ARM workshops, RAM/SWANA conference, Reuse Minnesota) to support effective implementation of responsibilities. D. Ensure municipal Liaison(s) attends at least four of the six Program meetings hosted by the County Liaison. E. Refer persons, groups, and organizations to County Program Managers (e.g., business, multifamily, school). Provide reasonable support to implement the Solid Waste Master Plan, including but not limited to: Dakota County Contract #C0036023 Exhibit 1 - Page 2 of 13 City Council | Tuesday, November 15, 2022 | Page 30 of 146 1. Coordinate with the County Liaison to develop or update municipal permits and agreements to require recycling/back-of-house organics with best waste management practices at events, tournaments, and festivals (e.g., event permit, event vendor agreement, facility rental agreement, event hauler agreement), consistent with city codes and County Ordinance 110. F. Maintain current waste management information on the municipal website: 1. Describe city solid waste collection requirements for haulers (i.e., licensing requirements) and hauler collection information (e.g., allowable collection days and time of day) for residents and commercial generators 2. Describe city solid waste collection requirements for generators, including commercial generators, events, and multifamily properties; 3. Post the County’s standardized messages for residential recycling materials (i.e., the yes/no “what to recycle” list); and 4. Coordinate with County staff for municipal website content and links to Dakota County website pages (e.g., Dakota County Recycling Requirements, the Recycling Guide, The Recycling Zone, Residential Recycling, Business Recycling, Multifamily Recycling, School Recycling, Event Recycling, Reuse Map, and Environmental Education Resources). G. Demonstrate Program compliance and waste abatement metrics in mid-year and final reports that include information for all Base and Supplemental funded projects, as described in Reporting and Reimbursement below. H. Submit reimbursement requests by County deadlines with substantiating documentation, as described in Reporting and Reimbursement below. Eligible Expenses A. Salary, benefits, and mileage of municipal personnel, full-time and temporary, working on the planning, implementing, promoting, and reporting of eligible activities. Solid waste training and professional memberships to support effective implementation of Base Funding or Supplemental Funding activities, excluding out-of-state travel and lodging. B. Consultant/contract services or stipend for an organization, group, or individual to provide assistance. C. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 2. Residential Communications Minimum Grant Requirements A. Provide written waste abatement information to all residents of single-family and multifamily dwellings including County standardized messaging articles and images in Municipality-mailed newsletters on each of the following topics, with full pages preferred as resources allow: 1. Home recycling; 2. Residential services at the Recycling Zone; Dakota County Contract #C0036023 Exhibit 1 - Page 3 of 13 City Council | Tuesday, November 15, 2022 | Page 31 of 146 3. Residential organics drop-off site(s); and 4. Local reduce/reuse opportunities for residents (e.g., local donation and exchange options, County online Dakota County Reduce & Reuse Map, County Fix-It Clinics). B. Promote County staff-developed electronic media messages (e.g., website, social media, e-news) about solid waste and household hazardous waste management, including all priority waste abatement topics listed above using County messaging standards. C. Serve as a resource to residents on waste abatement-related inquiries (e.g., email, phone). D. Provide funding source credit on all print materials, written as: Partially funded by Dakota County and the Minnesota Pollution Control Agency. E. Submit written residential waste abatement information to County Liaison for review at least three business days before printing. Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, working on the planning, implementing, promoting, and reporting of eligible activities. B. Percentage of cost for design, production, and postage for municipality newsletter devoted to waste abatement articles on topics listed in Requirements above using County standardized messaging articles and images, or to mail County waste abatement materials to new residents in coordination with the County. C. Outreach media usage fees (e.g., advertisements, videos, billboards, radio, theater, television, e- news, and social media) for waste abatement standardized messaging. D. Consultant/contract services or stipend for an organization or group to provide assistance. E. Translation services if approved in advance by County Liaison. F. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 3. Municipal Facilities/Parks Verification and Education Minimum Grant Requirements A. Ensure collected recyclables and organics generated at municipal facilities/parks are delivered to the respective licensed facility, or to another facility approved by the County Liaison. B. Provide monitoring and verification of best waste management practices at least once annually, by: 1. Visually inspecting waste management at all municipality-controlled facilities, including parks; and 2. Reporting on status of compliance with Dakota County Ordinance 110 using the Municipal Recycling Tracking Tool or another tool provided by Dakota County, to verify recycling programs for facilities under the municipality’s control collect the Designated List of Recyclables wherever trash is collected and follow best waste management practices. Dakota County Contract #C0036023 Exhibit 1 - Page 4 of 13 City Council | Tuesday, November 15, 2022 | Page 32 of 146 C. Provide County standardized solid waste abatement messaging about recycling in municipal buildings, in print or electronic format to each municipal employee, volunteer, tenant, and custodial/housekeeping staff annually, and other people responsible for sorting, collecting, or transporting waste to external carts or dumpsters, within 30 days of a new hire or new tenant, and within 30 days of a substantive change to your recycling or waste program. Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, working on the planning, implementing, promoting, and reporting of eligible activities. B. Copying and printing waste abatement education materials for municipal employees and vendors, such as signs, trainings and mass communication using County messaging standards. C. Consultant/contract services or stipend for an organization or group to provide assistance. D. Fees for MRF tours to educate municipal employees about their local recycling system. E. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 4. Special Collections Minimum Grant Requirements A. Implement one or more drop-off events, discounts, curbside collections, permanent drop-off collection sites, or combination thereof to collect specific traditional and non-traditional solid waste materials from residents for reuse or recycling. B. Collect all of the following materials from residents for reuse or recycling or organics composting, with preference given to reuse: 1. Confidential paper for shredding 2. Mattresses and box springs 3. Pumpkins C. The following optional materials may also be collected from residents for reuse or recycling, with preference given to reuse: 1. Bicycles 2. Cardboard 3. CFLs 4. Furniture 5. Holiday lights 6. Scrap metal 7. Shoes 8. Athletic gear 9. Other materials as pre-approved by the County Liaison (e.g., carpet, textiles, film plastic/plastic bags). Dakota County Contract #C0036023 Exhibit 1 - Page 5 of 13 City Council | Tuesday, November 15, 2022 | Page 33 of 146 D. Obtain confirmation that collected materials are delivered to a reuse location or to a licensed recycling/organics facility, or to another facility approved by the County Liaison. E. Obtain and report weights for each material collected. F. Promote special collection opportunities to all single-family and multifamily residents using County messaging standards, telling residents how materials will be managed. G. Submit promotional communications to County Liaison for review at least three business days before publication. H. Coordinate collections with County liaison to prevent duplication of effort, conflicting messages, pricing conflicts, and competition for resident participation. I. Ensure special collection opportunities are conveniently located and scheduled, with an independent collection opportunity for each municipality having 1,000 households or more; a municipality with fewer than 1,000 households may coordinate with a neighboring municipality for co-collection. Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, working on the planning, implementing, promoting, and reporting of eligible activities (i.e., for collection of materials listed above). B. Vendor services, less resident fees, to collect materials listed above at a residential drop-off day or event with confirmed delivery to a reuse, recycling, or organics facility. C. Vendor services, less resident fees, to collect materials listed above at a permanent residential collection drop-off site or curbside collection, with confirmed delivery to a reuse, recycling, or organics facility. D. Print media copying/printing to promote special collection opportunities and permanent drop-off sites to residents (e.g., posters, flyers, signs) using County messaging standards. E. Fees for advertisements, videos, radio, television, e-news, and social media to promote collections, using County messaging standards. F. Consultant/contract services or stipend for an organization or group to provide assistance. G. Safety vests, work gloves, and other protective equipment for volunteers working on collections for materials listed above. H. Other expenses to administer grant-funded activities with prior written approval from the County Liaison. Dakota County Contract #C0036023 Exhibit 1 - Page 6 of 13 City Council | Tuesday, November 15, 2022 | Page 34 of 146 Part 2: Supplemental Funding Request (Optional) 5. Multifamily Recycling Minimum Grant Requirements A. Conduct all of the following activities: 1. Coordinate with the County Liaison to develop new or strengthen multifamily points of contact (“touchpoints” such as business license renewals, rental license renewals, rental inspections, fire inspections, and property manager meetings), consistent with city codes and County Ordinance 110. 2. Send a mailing to property managers and owners about recycling resources, in coordination with County staff. 3. Identify, strengthen, or both, municipal planning and construction procedures to support recycling and organics in new or remodeled buildings (e.g., internal chutes; adequate internal and external space). 4. Work with County Liaison to identify and provide technical assistance for up to three multifamily properties enrolled in the Dakota County Multifamily Recycling Program to implement best waste management practices by: a. First attending technical assistance training provided by County Liaison; b. Promoting the program to engage new participants through strategic outreach; c. Providing on-site needs assessments to systematically evaluate and document opportunities to enhance recycling and waste prevention, and to meet best practices, using County materials; d. Using needs assessments to complete applications for the program in collaboration with property managers to request County-supplied containers, labels, signage, education materials, staff and resident education as needed, and other technical assistance; e. Implementing approved plans in coordination with property managers, haulers, County staff, and other partners; f. Providing targeted on-site employee and resident education about recycling and waste prevention, including the recycling system within the building, in partnership with the County Liaison, using County messaging standards; g. Providing ongoing support to sustain recycling efforts by contacting past program participants to offer additional education materials, staff and resident education as needed, and other technical assistance; h. Promoting reuse and bulky waste collection opportunities for multifamily tenants at move-in/move-out; i. Collaborating with the County Liaison for culturally specific needs such as translation and interpretation; j. Following all program protocols for outreach and technical assistance, best waste management practices, and education, using County messaging standards; and k. Tracking and reporting on outcomes for each participating property, using forms or tools provided by the County Liaison. Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, working on the planning, implementing, promoting, and reporting of eligible activities. Dakota County Contract #C0036023 Exhibit 1 - Page 7 of 13 City Council | Tuesday, November 15, 2022 | Page 35 of 146 B. Consultant/contract services or stipend for an organization or group to provide assistance. C. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 6. Additional Special Collections and Reduce/Reuse Activities Minimum Grant Requirements A. Provide biannual updates to the County’s online Dakota County Reduce & Reuse Map. B. Implement any of the following three activities: 1. Implement one or more additional Special Collection drop-off days, events, curbside collections, permanent drop-off collection sites, or combination thereof to collect specific (see Section 4C) traditional and non-traditional solid waste materials from residents for reuse (preferred) or recycling. 2. Coordinate with County Liaison to implement one or more residential reduce/reuse activities: a. Host residential swap events or city-wide garage sales; b. Provide staff support at County Fix-It Clinics; c. Implement a reusable bag exchange at specific location(s) (e.g., local store, farmer’s market, co-op); d. Host or facilitate a lending library for tools, lawn and gardening equipment, kitchenware, crafting, camping equipment, or other items as pre-approved by the County Liaison; e. Host residential reduce or reuse education classes (e.g., simple mending, how to downsize); f. Leverage existing residential activities to plan or start any of the following activities: • Coordinate with realtors to promote reuse prior to home sales; • Coordinate with a local repair business to host a repair event; • Other as approved by County Liaison; g. Facilitate changes to municipality codes, policies, and practices that are barriers to reuse (e.g., clothing drop box prohibitions, rental companies, and secondhand stores); h. Provide a bus for residents to participate in reduce/reuse activities (e.g., seniors); i. Other reduce/reuse activities as pre-approved by the County Liaison; j. Prioritize reusable dishware (e.g., washable baskets, cups) in place of single-use products, by contracting with vendors that offer reusable products and services for events (e.g., washing on site or off site). 3. Facilitate changes to internal policies and practices to promote reduce/reuse and recycling of municipal supplies and equipment through any of the following: a. Facilitate changes to increase recycled content in products purchased by the city (in accordance with Minn. Stat. § 16C.073). b. Identify existing city policies and administrative practices for copy paper purchases in internal operations. c. Facilitate revisions to policies and practices to purchase at least 30% post-consumer recycled content copy paper. d. Attend Reuse Minnesota meetings. e. Other as approved by County Liaison. Dakota County Contract #C0036023 Exhibit 1 - Page 8 of 13 City Council | Tuesday, November 15, 2022 | Page 36 of 146 Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, working on the planning, implementing, promoting, and reporting of eligible activities described in Requirements above). B. Vendor services, less resident fees, to collect materials listed above at a residential drop-off day or event with confirmed delivery to a reuse, recycling, or organics facility. C. Vendor services, less resident fees, to collect materials listed above at a permanent residential collection drop-off site or curbside collection, with confirmed delivery to a reuse, recycling, or organics facility. D. Print media copying/printing to promote reduce/reuse activities, special collection opportunities and permanent drop-off sites to residents (e.g., posters, flyers, signs) using County messaging standards. E. Fees for advertisements, videos, radio, television, e-news, and social media to promote collections using County messaging standards. F. Translation services if approved in advance by County Liaison. G. Consultant/contract services or stipend for an organization or group to provide assistance. H. Reduce/reuse activity expenses with prior written approval (e.g., start-up supplies). I. Other expenses to administer grant-funded activities with prior written approval from the County Liaison. 7. In-Person Education Minimum Grant Requirements A. Provide in-person waste abatement education for adults and youth through face-to-face interactions during presentations or at booths, events, or gatherings to educate 1% or more of the Municipality’s population through a direct learning experience, on the following topics: 1. Home recycling (required) 2. Residential organics drop site(s) (optional) 3. Residential services at the Recycling Zone (optional) 4. Local reduce/reuse opportunities for residents (e.g., classes on donation/decluttering, mending/sewing) (optional) B. Use County materials for promotional and distribution handouts. C. Review display and education materials with County Liaison in advance of in-person education. D. If conducting online education, provide a live format with interactive opportunities (i.e., no pre- recorded videos). Dakota County Contract #C0036023 Exhibit 1 - Page 9 of 13 City Council | Tuesday, November 15, 2022 | Page 37 of 146 E. Use messaging standards on County website for verbal education or have County Liaison review messaging. F. Coordinate with County Liaison for any education requests in schools, businesses, and multifamily residences. G. Track and report on outcomes using County forms, on an annual basis or more often as requested, including monitoring presentation attendance (e.g., sign-in sheet or head count), online webinar attendance (e.g., number of people who log on), booth interactions (e.g., clicker or tally sheet), and game interactions (e.g., clicker or tally sheet). Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, while working on the planning, implementing, promoting, and reporting of eligible activities (i.e., only activities described in Requirements above; does not include brochure distribution, or any activities lacking an educational face-to-face interaction and direct learning experience). B. Printing or copying of promotional or distribution pieces (e.g., posters, flyers, guides) complying with County messaging standards and approved in advance by County Liaison, if not duplicative of existing County publications. C. Event, booth, and room rental fees. D. Fees for County-approved professional educators and performers who help implement required education activities on topics listed above and comply with County messaging standards. E. Fees for MRF tours to educate residents about their local recycling system. F. County-approved promotional items or professional services up to $500 in value that create minimal waste and contribute to waste abatement education. G. Consultant/contract services or stipend for an individual, organization or group to provide assistance. H. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 8. Event Recycling and Organics Collection Minimum Grant Requirements A. Implement recycling, back-of house organics collection, or both, at events. 1. Contact and assist event coordinators to plan and implement recycling collection, back-of- house organics collection, or both. 2. Assist with obtaining temporary containers, proper bags, signage, hauler services for collection, and as appropriate, recruit waste station staffing. Dakota County Contract #C0036023 Exhibit 1 - Page 10 of 13 City Council | Tuesday, November 15, 2022 | Page 38 of 146 3. Assist with applying best waste management practices for standardized messaging to vendors, volunteers, and custodial staff; labeled and an appropriate number of co-located recycling and trash containers in strategic locations to prevent overflow; and delivery to a licensed/permitted facility. 4. For recyclables collection, prioritize events on public property that generate at least one ton (8 cy) of trash (e.g., community events, athletic tournaments, fairs, markets, concerts, etc.) 5. For organics collection, prioritize events of at least 300 people that generate back-of-house organics and at least one ton (8 cy) of trash. 6. Obtain confirmation that collected materials are delivered to a licensed or otherwise approved recycling/organics facility if grant funds are being used for hauling services at city events. Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, while working on the planning, implementing, promoting, and reporting of eligible activities. B. X-frame containers, grabbers, green 5-gallon buckets, signage, X-Frame bags for recyclables and organics, promotion and other materials necessary for successful project implementation at large events. Purchased assets are the property of the city for use at events. C. Recycling/organics hauling services of collected materials from city events/tournaments/ festivals, with confirmed delivery to a licensed recycling/composting facility, or to another facility approved by the County Liaison. D. Consultant/contract services or stipend for an organization or group to provide assistance, prioritizing large events. E. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 9. Gap Funding Minimum Grant Requirements A. Complete, or make progress toward completing, one or more waste abatement projects included in eligible grant categories above, for which additional funding is needed, with first priority given to filling funding gaps in Base Funding categories, and second priority given to filling gaps in Supplemental Funding categories. Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, while working directly on the planning, implementing, promoting, and reporting of eligible activities. B. Expenses for completion of projects that are eligible, as defined in Grant Requirements and Eligible Expenses sections above. C. Other expenses to administer grant-funded activities with prior written approval from the County Liaison. Dakota County Contract #C0036023 Exhibit 1 - Page 11 of 13 City Council | Tuesday, November 15, 2022 | Page 39 of 146 I. Ineligible Expenses The following expenses are ineligible for funding: A. Expenses that are not specified as an eligible expense above, unless written approval has been obtained from the County Liaison. B. Expenses related to non-waste abatement waste issues (e.g., energy, water, sustainability). C. Expenses related to land disposal of materials, and collection and management of banned materials, trash, hazardous and household hazardous waste and business waste, unless specifically identified above (e.g., residential compact fluorescent bulb collection, multi-stream containers). D. Expenses related to city code amendments and enforcement (e.g., code compliance administration, programming and communications; inspections). E. Municipality-generated waste management. F. Food or refreshments unless approved by the County Liaison as compliant with Dakota County Policy 2740. G. Design/print of education and communications print materials not described above, unless prior written approval has been obtained from the County Liaison. H. Out-of-state meals, travel, and lodging. I. Office supplies and equipment including phone charges and website fees. J. Waste collection containers and lids, unless specifically identified above (e.g., X-frames for events). II. Reporting and Reimbursement Grant Requirements A. By July 15, 2023, Municipality shall submit a mid-year report and reimbursement request form for the first six months of 2023, on forms provided by the County Liaison. B. By January 15, 2024, Municipality shall submit a final report and reimbursement request form for the last six months of 2023, on forms prescribed by the County Liaison. C. Mid-year and final reports shall include time spent on each category, and for each city if applicable, for municipality personnel, full-time and temporary, while working directly on the planning, implementing, promoting, and reporting of eligible activities during the reimbursement period. D. Report and reimbursement request forms must be signed by the Authorized Representative (i.e., contract signatory) for the grant agreement, or by other designee who is independent of municipality personnel who work directly on the planning, implementing, promoting, and reporting of eligible activities. Dakota County Contract #C0036023 Exhibit 1 - Page 12 of 13 City Council | Tuesday, November 15, 2022 | Page 40 of 146 E. Reimbursement requests must be for eligible expenses, less revenues or other monies received, incurred in connection with the performance of grant activities. F. Reimbursement requests must be supported by documentation such as vendor invoices, receipts, or detailed financial reports produced using municipal accounting software, itemizing all expenses related to the grant, including salary and benefits. Any reimbursement request for multiple municipalities must separately itemize the request for reimbursement for each individual municipality. G. Salary and benefits cannot exceed the total amount budgeted for salary and benefits in the Application unless reasonable justification is provided and approved by County Liaison in advance. Dakota County Contract #C0036023 Exhibit 1 - Page 13 of 13 City Council | Tuesday, November 15, 2022 | Page 41 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 1 of 22 City Council | Tuesday, November 15, 2022 | Page 42 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 2 of 22 City Council | Tuesday, November 15, 2022 | Page 43 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 3 of 22 City Council | Tuesday, November 15, 2022 | Page 44 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 4 of 22 City Council | Tuesday, November 15, 2022 | Page 45 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 5 of 22 City Council | Tuesday, November 15, 2022 | Page 46 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 6 of 22 City Council | Tuesday, November 15, 2022 | Page 47 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 7 of 22 City Council | Tuesday, November 15, 2022 | Page 48 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 8 of 22 City Council | Tuesday, November 15, 2022 | Page 49 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 9 of 22 City Council | Tuesday, November 15, 2022 | Page 50 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 10 of 22 City Council | Tuesday, November 15, 2022 | Page 51 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 11 of 22 City Council | Tuesday, November 15, 2022 | Page 52 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 12 of 22 City Council | Tuesday, November 15, 2022 | Page 53 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 13 of 22 City Council | Tuesday, November 15, 2022 | Page 54 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 14 of 22 City Council | Tuesday, November 15, 2022 | Page 55 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 15 of 22 City Council | Tuesday, November 15, 2022 | Page 56 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 16 of 22 City Council | Tuesday, November 15, 2022 | Page 57 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 17 of 22 City Council | Tuesday, November 15, 2022 | Page 58 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 18 of 22 City Council | Tuesday, November 15, 2022 | Page 59 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 19 of 22 City Council | Tuesday, November 15, 2022 | Page 60 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 20 of 22 City Council | Tuesday, November 15, 2022 | Page 61 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 21 of 22 City Council | Tuesday, November 15, 2022 | Page 62 of 146 Dakota County Contract #C0036023 Exhibit 2 - Page 22 of 22 City Council | Tuesday, November 15, 2022 | Page 63 of 146 INSURANCE TERMS Contractor agrees to provide and maintain at all times during the term of this Contract such insurance coverages as are indicated 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 parties 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 documenting the specific provision under Minn. Stat. § 176.041 which excludes Contractor from the requirement 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 County 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 Employers’ 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 insurance coverage. 2.General Liability. "Commercial General Liability Insurance" coverage (Insurance Services Office form title), providing coverage on an "occurrence" 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 forms), 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 designation) 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 limits afforded by an Umbrella or Excess Liability policy (or policies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy 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 for 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 or "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 "participation" (or other similar provision) requiring the Contractor to remain responsible for a stated amount or percentage of each covered loss; provided, that such deductible, retention 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 applicable). 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 hereunder. Contractor therefore agrees that it will not seek or voluntarily accept any such change in its Professional Liability insurance coverage if such impairment of Dakota County's protection could result; and further, that it will exercise its rights under any "Extended Reporting 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, throughout 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 this section; and (b) immediately advise Dakota County of any claims or threats of claims that might reasonably be expected to reduce the amount of such insurance remaining available for the protection of Dakota County. Dakota County Contract #C0036023 Exhibit 3 - Page 1 of 2 City Council | Tuesday, November 15, 2022 | Page 64 of 146 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 policy. Unless included within the scope of Contractor's Commercial General Liability policy, such Business Automobile Liability 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), shall 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 event 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, Contractor shall provide Dakota County with evidence that such coverage will be renewed or replaced upon termination with insurance that complies with these provisions. Such evidence of insurance shall be in the form of the Dakota County Certificate of Insurance, or in such other form as Dakota 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 of 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 endorsed 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 Omissions 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 not 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 County 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 provide 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 liability 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 behalf, from all claims, and all liability or responsibility to Contractor, and to anyone claiming through or under Contractor, by way 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 hereof, 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 of 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 provision 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 #C0036023 Exhibit 3 - Page 2 of 2 City Council | Tuesday, November 15, 2022 | Page 65 of 146 This page intentionally left blank. City Council | Tuesday, November 15, 2022 | Page 66 of 146 Request for City Council Action DATE: November 15, 2022 TO: Mayor and City Council, City Administrator FROM: Meredith Lawrence, Parks and Recreation Manager SUBJECT: Approval of Field and Facility Use Policy Revisions INTRODUCTION The City Council is asked to approve revisions to the City’s Field and Facility Use Policy. BACKGROUND The City coordinates and issues permits for the use of City fields and facilities. City fields and facilities are often used in a multi-purpose manner and are requested by a variety of sport providers and users each year. The Field Use and Allocation policy has been in place since the early 1990’s, and has evolved as the City has become more experienced and the sports environment changed. The current Field and Facility Use policy was originally approved by the City Council in November, 2018 and was last amended in December of 2021 to clarify tournament permit request deadlines for Mendakota Park. At the October 18 work session, the consensus of the City Council was to include the following policy revisions for 2023: •Change tournament request deadline to December 1 for Mendakota Park (in 2022 the tournament deadline for Mendakota Park was January 1) •Change the requirement for roster data to not include the participants full address and instead, require the participant’s city and zip code •Include language giving authorization to the Public Works Director and/or City Administrator to make minor adjustments to the field and facility use policy without City Council approval At the October 18 work session, the Mendota Heights Athletic Association (MHAA) asked for the ability to drag fields between games. As discussed as a possible solution to this request at the work session, staff is working with the City Attorney to determine if a use agreement signed by MHAA would be feasible moving forward. When staff has a draft user agreement complete, it will be brought to the City Council for review. Attachment: Field and Facility Use Policy 5eCity Council | Tuesday, November 15, 2022 | Page 67 of 146 BUDGET IMPACT None. RECOMMENDATION Staff recommends that the City Council approve the 2023 revisions to the Field and Facility Use Policy. ACTION REQUESTED If the City Council concurs, it should, by motion, approve the 2023 revisions to the Field and Facility Use Policy. City Council | Tuesday, November 15, 2022 | Page 68 of 146 CITY OF MENDOTA HEIGHTS  FIELD AND FACILITY USE POLICY                                                CONTACT: Mendota Heights Parks and Recreation  1101 Victoria Curve  Mendota Heights, MN 55118  651‐452‐1850      APPROVED: November, 2018  REVISED: December, 2021November, 2022  City Council | Tuesday, November 15, 2022 | Page 69 of 146 Page 2   City of Mendota Heights  Field and Facility Use Policy    A. PURPOSE  The City of Mendota Heights, hereinafter referred to as the “City”, coordinates and issues  permits for the use of athletic fields and facilities owned by the City. The purpose of this policy  is to establish guidelines for the allocation and management of City athletic fields and facilities.  For purposes of this policy, fields shall be defined as an athletic area where people participate  in sports and shall include facilities and fields, ice rinks, and tennis and basketball courts.  The objectives to this policy include: allocating the use of the current athletic fields to support  Parks and Recreation programs throughout the City and for Mendota Heights’ residents,  preserving the facilities offered by minimizing wear and tear, and preventing overuse while  conserving maintenance costs.  B. FIELD USE PERMITS  The City will coordinate and allocate the use of city athletic fields and facilities for city and non‐  city organizations, groups, and individuals to play, practice, hold tournaments, and other sport  and non‐sport related events.    Field and facility use permits are issued following the City’s permit process. Permit applicants  must be 18 years of age or older. A permit is issued only after an allocation request is made, all  required documents and information is received, and the City has approved the request, either  in‐part or in its entirety. A request does not constitute an approval.  All reservations require the issuance of a permit. The use of a field or facility begins and ends at  the times stated on the permit including set‐up and clean‐up. Any special requests or  arrangements must be made as part of the permit application process. This includes special  lining requests for fields. Each permit must also include an approximation of users at the facility  for parking and amenity considerations.    The City reserves the right to deny, limit or revoke use permits based upon an applicant’s  performance history including compliance with established rules and policies, field conditions  after use, and unruly behavior of participants and guests.  Application Deadlines  Permits will be issued three times throughout the year based on the following timeline:   Permit requests for use from December through February will be due on the first  business day in November.   Permit requests for use from March through July will be due on the first business day in  February.  City Council | Tuesday, November 15, 2022 | Page 70 of 146 Page 3   o Requests for tournaments at Mendakota are due the first business day in  JanuaryDecember. Staff has 21 days to respond to applications.   Permit requests for use from August through November will be due on the first business  day in June.  To balance use, the City reserves the right to allocate specific fields to specific users and to limit  the number of fields allocated to any one group or user. The City does not guarantee that a  priority group or user will receive the fields or times requested. The City will make every effort  to work with all users in the scheduling of City fields and facilities. In certain cases, when  reservation requests are received for the same or similar days and times, reservations shall not  be confirmed by the City until after area meetings are held and actual team schedules are  confirmed.  Reservations received after the deadline will be handled on a first‐come, first‐serve basis.  The City reserves the right to keep unreserved athletic fields and facilities available to the  general public for open, unstructured or public recreation on a first come/first serve basis  during normal operating hours.  Field request forms are available at City Hall or on the City’s website.  C. PRIORITY GROUP CLASSIFICATIONS  Due to the limited number of fields and facilities and the volume of requests, the City has  established criteria for priority use.  An organization’s priority group classification will be considered during the assignment of the  priority for field and facility allocation. Priority use of fields will be given to traditional primary  season sports and by priority group classification.  Priority use of field will be allocated as follows:  Priority #1: City of Mendota Heights Sponsored or Co‐Sponsored Programming, Events and  Activities  This includes activities that are organized through or in connection with the City of Mendota  Heights Parks and Recreation Department, directly sponsored by the City, or as a cooperative  program with other jurisdictions. Reservations for City sponsored activities, programs, games,  practices, leagues and tournaments may be taken at any time for any date. There are no use  fees charged for City reservations.  Priority #2: Public and Private Schools Located in Mendota Heights  This includes schools that are located within the City of Mendota Heights. An agreement must  be in place that defines the City of Mendota Heights’ reciprocal use of the school’s athletic  facilities. If there is no agreement in place, the priority shall be moved to priority #4 and use  fees will be assessed.  City Council | Tuesday, November 15, 2022 | Page 71 of 146 Page 4   On an annual basis, public and private schools recognized in this priority category must submit  the following:   Certification of Coaches Training and Background Check Screening Compliance. The  City requires that a recognized public or private school must submit, on an annual basis,  a signed Coaches Training and Background Check Screening Compliance Certification.  The Certification shall be signed by an authorized representative and must be on file  with the City before the first permitted day of each year, regardless of the sport.     Proof of Insurance. The City requires that a recognized public or private school must  submit, on an annual basis, proof of insurance. Proof must be on file with the City  before the first reservation day of each year, regardless of the sport. See Section I for  insurance requirements.  Priority #3: Recognized Youth Athletic Associations  This includes Youth Athletic Associations that are recognized by the City of Mendota Heights.  Recognized youth athletic associations are defined by the following characteristics:   The association has nonprofit status under Section 501c3 or other applicable provision  as defined by Internal Revenue Services (IRS) and is in good standing with the  Minnesota Secretary of State.   The association conducts sports programs that are primarily social and/or recreational  in nature. The association administers and abides by an “everyone plays” philosophy  and has a no cut policy.   The association serves the athletic needs of youth in Mendota Heights, is primarily  Mendota Heights based and provides significant benefit and service to residents of the  City of Mendota Heights. Upon request, the association is able to provide team rosters  to substantiate that the association (by sport) serves a majority Mendota Heights  residents.   Registration must be open to the public. The association must not discriminate on the  basis of race, ethnicity, economic status, gender, sexual orientation, religion, disability,  or ability. Team assignments may be determined by ability, however, the organization  must have a policy for determining teams based on ability.   The association conducts youth sports programming through volunteer coaches and  board of directors selected by the membership.   The association completes background check screenings on all coaches, assistant  coaches, board members, volunteers and anyone who has contact with children. The  association has a written background check screening policy.  In addition to the characteristics of an association defined herein, recognized Youth Athletic  Associations must submit the following to the City, upon request:  City Council | Tuesday, November 15, 2022 | Page 72 of 146 Page 5    Documentation from the Internal Revenue Service showing tax exempt status under  Section 501c3 or other applicable provision.     Association bylaws and policies.   A list of the Board of Directors for the association and current contact information  including telephone and email address.    On an annual basis, Youth Athletic Associations recognized in this priority category must submit  the following:     Certification of Coaches Training and Background Check Screening Compliance. The  City requires that a recognized Association must submit, on an annual basis, a signed  Coaches Training and Background Check Screening Compliance Certification. The  Certification shall be signed by an authorized representative and must be on file with  the City before the first permitted day of each year, regardless of the sport.     Proof of Insurance. The City requires that a recognized Association must submit, on an  annual basis, proof of insurance. Proof must be on file with the City before the first  reservation day of each year, regardless of the sport. See Section I for insurance  requirements.     Rosters by Season. For demographic and billing purposes, the City requires that a  recognized Association submit rosters by sport. Provided information shall include sport  types, team name, year, name of participant, and address including city and zip code.  The City will make every effort to accommodate all permit requests. In the event of competing  requests from recognized associations in this category, the City will determine allocation of  fields and facilities based on the following factors:     The percentage of verifiable Mendota Heights residents served in the permit request.  The request which has the majority of Mendota Heights residents confirmed will receive  a higher priority.    Residency percentages will be established using rosters from the most current season.  Rosters must be submitted in .xls or .csv format. Information provided must include:  sport type, team name, season of sport/year, participant name, address including city  and zip code.   Previous experience with the City of Mendota Heights.   Date and time of permit request.  Priority #4: Recognized Community Youth Sports Clubs and Leagues  This includes sports organizations which provide athletic leagues or clubs for Mendota Heights’  youth and are separate from the Youth Athletic Associations. The City recognizes that  City Council | Tuesday, November 15, 2022 | Page 73 of 146 Page 6   recreational play may be available through clubs and leagues and encourages organizations  with recreational offerings to partner with City recognized Youth Athletic Associations for  maximum field and facility accommodation.  Youth sports clubs and leagues are defined by the following characteristics:   The organization may be for‐profit or have nonprofit status under Section 501c3 or  other applicable provision as defined by Internal Revenue Services (IRS) and is in good  standing with the Minnesota Secretary of State.   The organization conducts sports programs that are competitive in nature. The  curriculum and programming is focused on the maximum development and exposure of  players to the next level of play.   The organization conducts youth sports programming through paid coaches, board  members and/or administrative staff.   The organization does not discriminate on the basis of race, ethnicity, background,  sexual orientation, religion, disability, or ability. Team assignments may be determined  by ability. There must be a policy for determining teams based on ability.   The organization completes background check screenings on all coaches, assistant  coaches, board members, volunteers and anyone who has contact with children. The  association has a written background check screening policy.  In addition to the characteristics of a Youth Sport Club or League defined herein, recognized  Youth Sport Clubs and Leagues must submit the following to the City, upon request:     The organization’s bylaws and policies which govern operations.   A list of the Board of Directors for the organization and current contact information  including telephone and email address.    On an annual basis, Community Youth Sports Clubs and Leagues recognized in this priority  category must submit the following:   Certification of Coaches Training and Background Check Screening Compliance. The  City requires that a recognized Community Youth Sports Club or League must submit, on  an annual basis, a signed Coaches Training and Background Check Screening Compliance  Certification. The Certification shall be signed by an authorized representative and must  be on file with the City before the first reservation day of each year, regardless of the  sport.     Proof of Insurance. The City requires that a recognized Community Youth Sports Club  or League must submit, on an annual basis, proof of insurance. Proof must be on file  with the City before the first reservation day of each year, regardless of the sport. See  Section I for insurance requirements.  City Council | Tuesday, November 15, 2022 | Page 74 of 146 Page 7    Rosters by Season. For demographic and billing purposes, the City requires that a  recognized Community Youth Sports Club or League submit rosters by sport. Provided  information shall include sport types, team name, year, name of participant, and  address including city and zip code.  In an event of competing requests from recognized organizations in the category, the City will  determine allocation based on the following factors:     The percentage of verifiable Mendota Heights residents served in the permit request.  The request which has the majority of Mendota Heights residents confirmed will receive  a higher priority.    Residency percentages will be established using rosters from the most current season.  Rosters must be submitted in .xls or .csv format. Information provided must include:  sport type, team name, season of sport/year, participant name, address including city  and zip code.     Previous experience with the City of Mendota Heights.   Date and time of permit request.    Priority #5: Mendota Heights Residents Use of the Facility for Personal Use  This includes residents of Mendota Heights using fields and facilities for personal use.  In an event of competing requests in the category, the City will determine allocation based on  the following factors:   Date and time of permit request   Previous experience with the City of Mendota Heights  Priority #6: Mendota Heights‐Based Businesses/Commercial Organizations  This includes business and commercial organizations that have a Mendota Heights office as  evidenced by their address to use the facilities.  In an event of competing requests in this category, the City will determine allocation based on  the following factors:   Data and time of the permit request   Previous experience with the City of Mendota Heights  Priority #7: Non‐Mendota Heights Organizations, Businesses, and Individuals  This includes all non‐Mendota Heights residents, organizations, groups, and businesses who  want to use the facilities.  In an event of competing requests in this category, the City will determine allocation based on  the following factors:  City Council | Tuesday, November 15, 2022 | Page 75 of 146 Page 8    Date and time of the permit request   Previous experience with the City of Mendota Heights  D. SPORT SEASON PRIORITY  A sport in its traditional season will be given priority consideration for field and facility use over  an out‐of‐season sport. The following are considered traditional sport seasons:   Spring/Summer: Baseball, Softball, T‐Ball, Lacrosse   Fall: Soccer, Football   Winter: Hockey    Fields and facilities will be used for the intended sport unless otherwise authorized by the City.  The City will attempt to accommodate emerging sports, when feasible.    E. FEES  The City may charge application and use fees in order to recover public costs to operate,  maintain, repair, improve and administer the use of City fields. For each application submitted,  an application fee shall be assessed. Field use fees shall be approved by the City Council and  included in the City’s Fee Schedule. Use fees are subject to change at the discretion of the City  Council.  All users who receive a permit for exclusive use of a field must pay the appropriate fee per the  City fee schedule. Payments can be made by cash, check or credit/debit card.  F. NON‐USE OF FIELDS, FIELD EXCHANGE, OR SUBLEASE  When permits are issued, a specific field is reserved for the user, to the exclusion of others.  Recognizing this exclusivity, groups should only reserve the fields intended for use.  Users may not assign their scheduled time to other groups or sublease fields under any  circumstance. Any such action will result in the loss of rental/allocation privileges. A user may  not “give up or exchange” their allocation or any part of it, without a written agreement  between the impacted parties and City approval. Subleasing of fields without City approval will  result in revocation of all permits for all parties.  Any organization that has been allocated space and subsequently determines that it cannot use  it according to the permit issued shall notify the City so that the field may be reallocated or  otherwise used by another group or the general public.  Blanket permitting of City field and facilities by any user group is prohibited. Users will be  required to provide team schedules that indicate all allocated fields and facilities have been  scheduled, when requested. The City will verify the use of reserved field and facilities. A  pattern of continued non‐use of a rented, permitted field will result in the revocation of the use  permit and the assignment of the field or facility to another user group.  City Council | Tuesday, November 15, 2022 | Page 76 of 146 Page 9   G. FIELD CLOSURE, PERMIT CANCELLATION AND REFUNDS  The City is responsible for determining if a field shall be scheduled for use or not and reserves  the right to decide to periodically not schedule specific athletic fields and facilities. The City  attempts to be flexible in accommodating user groups, but ultimately, the health and safety of  the user and the condition and playability of a field takes priority. This may require the closure  of fields or facilities, denial of use of a field or facility, and/or the assignment of alternate sites  for use.  Field closures will be communicated to permit holders by the Recreation Program  CoordinatorParks and Recreation Manager.  The City may cancel use of City fields/facilities for reasons including, but not limited to, any of  the following reasons:   City maintenance work involving the facility or field   When the health or safety of participants is threatened   Inclement weather   Wear and tear of the field including field retirement for regrowth and rehabilitation   Unforeseen events including fire, drought, natural disaster or vandalism   Non‐adherence to field and facility use policy, City ordinances, or use rules and  regulations    Permits cancelled by the City of Mendota Heights may be rescheduled as availability allows, or  may be refunded in full. Permits cancelled due to non‐adherence with field and facility use  policy, City Ordinances, or use rules and regulations will not be refunded.    Permits cancelled by the user:   More than 30 days in advance will receive a 100% refund (excluding application fee)   15‐30 days in advance will receive a 50% refund (excluding application fee)   Less than 14 days in advance will not receive a refund   In the event of a weather related cancellation by the user, the user must notify the  Recreation Program Coordinator Parks and Recreation Manager within two (2)  business days after the cancellation to confirm a credit or to arrange rescheduling. If  the City is not notified within two (2) business days by the user that the event was  cancelled due to inclement weather, the user will be billed as if the event occurred.    H. MAINTENANCE  The City performs maintenance on a routine basis to ensure fields and facilities are in good  repair. The City will determine the appropriate number of hours each field can be used per  season. Permit users will not be able to use the fields more than the hours allowed. This will be  based on the field’s current condition and estimated intended City use throughout the year.  City Council | Tuesday, November 15, 2022 | Page 77 of 146 Page 10   Infield dragging. Infield dragging is done during the week (Monday – Friday) according to the  schedule as defined by the City. Fields are not dragged or striped on the weekend (Saturday  and Sunday) or on holidays; unless the user has paid a tournament preparation fee.  If fields are too wet, fields will not be dragged with motorized equipment, the City will still chalk  and hand rake to reduce low spots in the infield.  Lining and striping of fields. Lining and striping of fields shall be done during the week  (Monday –Friday) according to the schedule as defined by the City. Fields are not lined or  striped on the weekend (Saturday and Sunday) or on holidays. A single field will not be lined  with more than one field overlay per season, unless the City can accommodate it.    Foul lines will be painted in the outfield on all baseball fields during the season, but infield  chalking will only be done at Mendakota and Civic Center fields. Groups wanting to chalk fields  shall have received approval from the Recreation Program CoordinatorParks and Recreation  Manager, prior to chalking.    Rink Flooding. Flooding of outdoor rinks will occur on an as needed basis, based on weather  and rink conditions.  Clean up and disposing of waste. Users are expected to dispose of waste in proper trash and  recycling receptacles. The City of Mendota Heights prides itself on being a clean and green  community, and renters are asked to recycle as much of their waste as possible.  I. INSURANCE  The permit holder agrees to indemnify and hold harmless the City from any and all claims,  actions, damages, losses and expenses, including reasonable attorney fees, arising out of the  use of the facility by the permit holder and its members, guests and agents. Field and facility  users must provide insurance coverage throughout the period of use naming the City of  Mendota Heights as “additional insured”.  Permit holders will be required to provide proof of general liability insurance coverage at a  minimum amount of $2,000,000 for property damage and bodily injury. Proof of insurance via  a Certificate of Insurance must be provided at least 14 days prior to the first date of play or  special event.  J. CONCESSION SALES  No organization or person shall sell or offer any product, food or service for sale without the  prior written approval of the City. The sale of beer or other alcoholic beverages is prohibited.  Requests which include the use of food trucks will be considered on a case‐by‐case basis. Food  trucks require a permit, which is issued by the City Clerk. Requests must be made at least 14  days in advance of the event.  Groups wanting to use concession stands or offer food or beverages for sale will need to obtain  the appropriate permits and/or licenses from the County or State and have said permits or  licenses during the entire time of the event. A copy of the approved permit must be  submitted to the City in order to obtain keys to the concessions stand.  City Council | Tuesday, November 15, 2022 | Page 78 of 146 Page 11   K. ATHLETIC SPECIAL EVENTS  Athletic special events are activities on City property that include, but are not limited to,  tournaments, clinics, camps, or any other activity other than regular season practices, games  and evaluations.  Permits. Special events require a separate permit and should be requested outside of regular  season play permits. Permit requests for special events will be accepted from user groups  during the permit application timeframe identified in Section B of this policy.  Special Event Contact and Information. Users must have an appointed tournament  director/event manager on site, who can be contacted by City staff.  Users will supply the Parks and Recreation Department with a schedule of games. Games shall  not start before 8:00 am on any day of a tournament and may not be scheduled to start later  than 6:30pm. If users want to schedule games at different times than allowed, the user must  receive approval from the Recreation Program CoordinatorParks and Recreation Manager.  Users must include in the application if spectators will be charged admission. Advertisement  banners or signs may not be placed at any facility without permission from the Recreation  Program CoordinatorParks and Recreation Manager.  Special Event Fees. The City may charge application and special event use fees in order to  recover public costs to operate, maintain, repair, improve and administer the use of City fields.  For each application submitted, an application fee shall be assessed. Special Event use fees  shall be approved by the City Council and included in the City’s Fee Schedule. Use fees are  subject to change at the discretion of the City Council.  The City reserves the right to waive field use and preparation fees and concession stand fees for  “in‐house” tournaments hosted by users recognized in priority group three (3). For purposes of  this provision, “in‐house” shall be defined as tournament style play where games are played  between competing teams all from within the same organization. Special event fees including  field and concession fees for invitational tournaments shall be charged.  All users who receive a permit for exclusive use of a field must pay the appropriate fee per the  City fee schedule. The City will bill and payment shall be made prior to the event. Payments  can be made by cash, check or credit/debit card.  In the event of weather related cancellations by the permit holder, the permit holder will be  billed unless the permit holder contacts the Recreation Program Coordinator Parks and  Recreation Manager within two (2) business days after a weather related cancellation to  confirm a credit or to arrange rescheduling.    Field Preparation, Maintenance and Clean‐Up. Fields will not be prepped throughout the  tournament day. Maintenance staff will prep the fields before the first scheduled game(s) of  the day, if the user elects to pay the preparation fees. Users may not modify or alter City fields  City Council | Tuesday, November 15, 2022 | Page 79 of 146 Page 12   in any way. The City will not provide equipment for groups to prep fields on their own  throughout the tournament.    All users of City park field and facilities are expected to leave the area(s) in the same or better  condition than which it was found. Users will be responsible for picking up all trash at the end  of each day’s events. Users who fail to clean up may be charged by the City for excessive clean  up. It is the responsibility of the permit holder to make sure areas are cleaned up.    Facility Capacity. Users must provide the number of teams and estimated number of playing  participants. Due to space limitations regarding parking and spectator capacity, the City has  the right to decrease the number of games in order to comply with the facility’s size.    Users are responsible for maintaining management over the conduct of participants and  spectators while using fields and facilities. Tournament hosts will be responsible for traffic and  parking control and adhere to all City parking regulations. Parking is allowed only in designated  areas. No vehicles are allowed on City fields, sidewalks or paths.    Users are responsible for the coordination and rental of any additional portable restrooms  and/or hand washing stations that are needed in order to accommodate special events and  shall be coordinated in conjunction with the Recreation Program CoordinatorParks and  Recreation Manager.  L. TENNIS COURT PERMIT REQUIREMENTS  Tennis court reservations are limited to residents of Mendota Heights. Non‐residents are  ineligible for reserving tennis courts.  Tennis courts may not be reserved for private lessons, group lessons, hitting groups, or any  other use of the facility by an instructor. The usage of the tennis courts under a reservation may  only be utilized for open play.  Resident groups reserving the tennis courts are eligible to reserve up to four hours maximum  within the City per week. Groups can only reserve one court at a time, the other court within  the tennis facility must remain open for non‐reservation public usage.  Tennis courts within Mendota Heights will only be reserved for a maximum of six hours per day  to ensure public usage of the courts are available to all residents.  M. CITY CONTACT  All communication with the Recreation Program Coordinator Parks and Recreation  Manager must be made through the spokesperson of the group. Athletic associations,  clubs and leagues must choose one person who will be the City’s main contact. This  eliminates confusion and establishes direct, efficient communication.       Users should report any facility damage, accidents, dangerous or unsafe conditions to the  :   Formatted: Indent: Left: 0.08" City Council | Tuesday, November 15, 2022 | Page 80 of 146 Page 13   CCity of Mendota Heights  Recreation Program CoordinatorParks and Recreation  Manager:r        Phone: 651‐255‐1354   (During regular business hours: Monday – Thursday 7:00 am to 4:30 pm and Friday  from 7:00 am to 11:30 am);   Weekend/After Hours Phone: 651‐302‐3301;     Email: meredithl@mendota‐heights.commlawrence@mendotaheightsmn.gov    (Email is checked Monday‐Friday during regular business hours)    N.  DELEGATION OF AUTHORITY  The City Administrator or Public Works Director is authorized to make amendments and  changes to this policy for the efficient and timely coordination and allocation of city athletic  fields and facilities.   Amendments or changes which are deemed to be substantial will be  approved by the city council.  Formatted: Indent: Left: 0.19", Right: 0.52", Space Before: 0 pt, Line spacing: Multiple 1.62 li Formatted: Indent: First line: 0.13", Space After: 12 pt Formatted: Font: Bold Formatted: Indent: Left: 0.13", Space After: 12 pt City Council | Tuesday, November 15, 2022 | Page 81 of 146 This page intentionally left blank. City Council | Tuesday, November 15, 2022 | Page 82 of 146 Request for City Council Action DATE: November 15, 2022 TO: Mayor, City Council and City Administrator FROM: Dave Dreelan, Fire Chief SUBJECT: Approve Purchase of Fire Department Extrication/Rescue Tools INTRODUCTION The 2022 Mendota Heights Capital Improvement budget includes funding for new auto extrication/rescue tools. Most of the tools that make up the Fire Department’s system are 15-20 years old and one of the primary components is nearly 40 years old. BACKGROUND Rescue tools that were designed and manufactured 20 years ago have a difficult time defeating the materials that today’s automobiles are manufactured with. The age of the department’s tools has affected the ability to quickly and effectively extricate victims. The issue is so concerning that for the last year the department has been borrowing a set a rescue tools from another agency. A committee was formed consisting of five firefighters to evaluate the current rescue tool technology as well as the options from different manufactures. The committee invited the three top manufactures of rescue tools that are commonly sold in the area to do presentations. All three vendors were given an opportunity to present respective tools to the committee and allowed the committee members to use the tools on cars donated from a local towing company. After careful evaluation and consideration, the committee determined that Hurst Rescue tools would best fit the needs of the Mendota Heights Fire Department. Hurst is a leading brand in the industry and is credited for developing the original “Jaws of Life” rescue tools. The committee chose this brand based on their performance, reliability, and ease of use. The new tools operate similarly to the tools the department is currently using, which will allow for an easy transition. The Hurst rescue system will provide the Mendota Heights Firefighters the tools to effectively and properly extricate a victim during auto extrication. 5fCity Council | Tuesday, November 15, 2022 | Page 83 of 146 BUDGET IMPACT The 2022 budget includes $950,000 for the purchase of a new ladder truck and extrication tool. The quote received for the new rescue tools is $37,681.00. The council previously authorized the submittal of a purchase order for the new ladder truck in the amount of $898,384. The combined price of the truck and tools is below the $950,000 budget amount. RECOMMENDATION Staff recommends city council approve the purchase of Hurst Rescue tools from Alex Air Apparatus of Alexandria, Minnesota for the quoted amount of $37,681.00. ACTION REQUESTED If council concurs, it should, by motion, authorize the purchase of Hurst Rescue tools in the amount of $37,681.00 from Alex Air Apparatus. City Council | Tuesday, November 15, 2022 | Page 84 of 146 Request for City Council Action DATE: November 15, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, Public Works Director SUBJECT: Purchase and Installation of Landscaping for the Ivy Falls East and Centre Pointe Improvements INTRODUCTION The Council is asked to approve the purchase and installation of landscaping for the Ivy Falls East and Centre Pointe Improvements. The work was approved via staff and installation is scheduled for November 10, 2022. Staff is submitting this approval request as the window for planting this season is coming to a close so the contractor was given authorization as the home owners are desiring these improvements. BACKGROUND The city constructed a walking path through an undeveloped right-of-way from Sylvandale Road to Ivy Hills Park as part of the Ivy Falls East Improvements. City Council directed staff to install landscaping and screening for the adjacent residents as part of this improvement. As part of the Centre Pointe Street Improvements, Carmen Lane was widened and included removal of some vegetation to make the necessary improvements. Carmen Lane is adjacent to Highway 62 and the loss of the vegetation would affect the screening which was historically in- place for the homes along this roadway. Staff solicited quotes for the landscaping improvements but only one contractor was able to submit an acceptable quote. The low quote is from Kirchner Contracting, Inc. The proposed work includes the installation of 21 Techny Arborvitae at 1066 Sylvandale Road ($6,300), 4 Techny Arborvitae, 3 North Star White Spruce, and 3 Wichita Blue Junipers at 1086 Sylvandale Road ($3,860) totaling $10,160 for the Ivy Falls East Improvements. Improvements along Carmen Lane include installation of 7 Wichita Blue Junipers at 873 Carmen Lane ($4,375), and 1 Mugo Pine Tannebaum, 1 Sherwood Norway Spruce, 2 Lilac Shrubs ($1,425) totaling $5,800 for the Centre Pointe Improvements. 5gCity Council | Tuesday, November 15, 2022 | Page 85 of 146 BUDGET The purchase and installation of the landscaping will be charged to the respective projects. Staff will water, mulch, and maintain the plants until they are established. RECOMENDATION Staff recommends that the Mendota Heights City Council approve the purchase and installation of landscaping for the Ivy Falls East and Centre Pointe Improvements. ACTION REQUIRED If Council concurs with the staff recommendation, they should pass a motion to approve the purchase and installation of landscaping for the Ivy Falls East and Centre Pointe Street Improvements. This action requires a simple majority vote. City Council | Tuesday, November 15, 2022 | Page 86 of 146 Request for City Council Action DATE: November 15, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2022-89 Final Payment and Acceptance of the Simard Street Sewer Repair Project INTRODUCTION The Council is asked to approve Resolution 2022-89, to accept the work and approve the final payment for the Simard Street Sewer Repair Project. BACKGROUND The City Council awarded the contract to St. Paul Utilities at their September 20, 2022 City Council meeting for their not-to-exceed lump sum bid of $30,150. The final invoice for the repair work was $22,027.00 The contract work for project has been completed, inspected, and approved. The project is ready for final payment. This will start the one-year guarantee period. All required paperwork needed before the final payment can be issued has been submitted. BUDGET IMPACT The Simard Street Sewer Repair Project is financed by the Sewer Utility Fund. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the attached resolution. ACTION REQUIRED If Council concurs with the staff recommendation, they should pass a motion adopting Resolution No. 2022-89, ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR THE SIMARD STREET SEWER REPAIR PROJECT by simple majority vote. 5hCity Council | Tuesday, November 15, 2022 | Page 87 of 146 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2022-89 ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR SIMARD STREET SEWER REPAIR PROJECT WHEREAS, pursuant to a written contract with the City of Mendota Heights on September 20, 2022, with St. Paul Utilities of Little Canada, MN, has satisfactorily completed the improvements for the Simard Street Sewer Repair Project, in accordance with such contract. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract in the amount of $22,027.00, taking the contractor’s receipt in full. Adopted by the City Council of the City of Mendota Heights this fifteenth day of November, 2022. ATTEST CITY COUNCIL CITY OF MENDOTA HEIGHTS BY____________________________ BY___________________________ Christine Lusian, City Clerk Stephanie Levine, Mayor City Council | Tuesday, November 15, 2022 | Page 88 of 146 Request for City Council Action DATE: November 15, 2022 TO: Mayor, City Council and City Administrator FROM: Sharon Hinze, Utility Billing Clerk SUBJECT: Delinquent Utility Charges DISCUSSION: There are currently 58 delinquent sewer accounts totaling $28,564.30 to be certified to Dakota County for collection with property taxes per City Code 10-3-7. In the year 2021, the certified approximately $26,822.36 of delinquent sewer charges to Dakota County for collection with property taxes. Further, per City Code 10-5-5, the City is authorized to certify to Dakota County for collection with property taxes any unpaid costs for water charges that are past due to the Board of Water Commissioners of the City of St. Paul. There are 72 water accounts with the Board of Water Commissioners of the City of St. Paul totaling $20,147.08 to be certified this year. In the year 2021, the city certified approximately $13,369.96 of delinquent water charges to Dakota County for collection with property taxes. In addition, per City Code 4-3-4B, the City is authorized to certify to Dakota County for collection with property taxes any unpaid costs for the cutting and removal of weeds, grass and other vegetation. However, there are no delinquent weed accounts to be certified this year. Per City Code and City Ordinance, we have included in these amounts all balances, interest and late charges. The total amount of said utility charges shall be paid with general taxes for the year 2022 and collectable in 2023. Per City Code and City Ordinance, letters were sent to property owners of sewer accounts past due in excess of two quarters, notifying them that if the delinquency was not paid by November 4, 2022, the amount due, plus seven percent (7%) interest and a $50.00 charge will be certified to Dakota County for collection with property taxes. ACTION REQUIRED: It is recommended that the city council approve the attached Resolutions: 5ijCity Council | Tuesday, November 15, 2022 | Page 89 of 146 RESOLUTION NO. 2022-86 “RESOLUTION CERTIFYING DELINQUENT UTILITY CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES.” RESOLUTION NO. 2022-87 “RESOLUTION CERTIFYING DELINQUENT WATER CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES.” City Council | Tuesday, November 15, 2022 | Page 90 of 146 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022 - 86 A RESOLUTION CERTIFYING DELINQUENT UTILITY CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES WHEREAS, under the provisions of City Code 10-3-7 adopted by the City Council of the City of Mendota Heights on February 18, 2003, it is provided that if sewer rental charges due to the City for the use of the City’s sewer system are not paid within thirty (30) days after the mailing of a billing statement thereof, the same shall be collected and the collection thereof enforced in the same manner and in all respects as county and state real estate taxes, subject to like penalty, cost and interest charges; and WHEREAS, the City Clerk has advised the City Council that the total sewer rental charges due to the City as of October 4, 2022, has been sent to the last known owner of said properties and that more than thirty (30) days has elapsed since the mailing of said statement; and WHEREAS, said properties are all situated in the City of Mendota Heights, County of Dakota, Minnesota, and the parcel identification number of said properties, and the total amount of sewer rental charges due for each said parcel through November 4, 2022, are more particularly described as follows: PARCEL ID NUMBER AMOUNT DUE 277127502260 $449.74 276970301020 $508.72 270250026020 $485.68 270240079060 $546.78 270380013020 $572.60 270380038040 $497.78 270420000170 $521.74 277640202030 $523.96 5iCity Council | Tuesday, November 15, 2022 | Page 91 of 146 Res 2022-86 page 2 of 5 273765003070 $497.46 272245402010 $434.80 272245002060 $497.68 274210001040 $858.76 272490001070 $382.42 271715104010 $514.50 278130000062 $315.56 273860004070 $505.86 275750003080 $469.08 275750003120 $565.46 271710001160 $691.04 271710001210 $626.62 273250002050 $289.12 277115013040 $756.32 277640100050 $606.50 274920001021 $662.44 273767502020 $584.02 277640100241 $492.34 276470002050 $354.02 City Council | Tuesday, November 15, 2022 | Page 92 of 146 Res 2022-86 page 3 of 5 276970207140 $553.16 270230050021 $595.38 275420001071 $506.66 276970303120 $471.30 270380036051 $874.70 273760002010 $529.32 272780007060 $653.58 272780013030 $543.38 272780005090 $506.66 271515004020 $516.12 274530000230 $408.66 271830101200 $466.96 271830202130 $329.16 273180002110 $418.36 272780018060 $698.52 272840004110 $498.44 274822503060 $530.26 271830101010 $314.64 276455000080 $501.42 City Council | Tuesday, November 15, 2022 | Page 93 of 146 Res 2022-86 page 4 of 5 274160101090 $530.92 271915000070 $556.52 274530000140 $760.60 271830206110 $558.00 274160102010 $534.62 270360077011 $98.16 270410036011 $114.20 273070000060 $114.20 270400025010 $584.14 271785000450 $143.76 272780019120 $124.30 274825101010 $317.20 NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the total of said utility charges set forth above is hereby adopted and confirmed as the proper unpaid utility charges due for the above-described properties through November 4, 2022, for each of said lots, pieces and parcels of land shall be a lien concurrent with the general taxes upon such parcels and all thereof. 2. That the total amount of said utility charges shall be payable with general taxes for the year 2022 collectable in 2023. 3. That the Utility Billing Clerk shall prepare and transmit to the Dakota County Auditor a certified copy of this Resolution with the request that each of said amounts shall be extended upon the property tax lists of Dakota County to be thereafter collected in the manner provided by law. City Council | Tuesday, November 15, 2022 | Page 94 of 146 Res 2022-86 page 5 of 5 4. That a $50.00 service charge and seven percent (7%) interest has been added to each delinquent utility account in accordance with City Code 10-3-7. B.2. Adopted by the Mendota Heights City Council this 15th day of November, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS ___________________________________ Stephanie Levine, Mayor ATTEST: ______________________________ Christine Lusian, City Clerk City Council | Tuesday, November 15, 2022 | Page 95 of 146 This page intentionally left blank. City Council | Tuesday, November 15, 2022 | Page 96 of 146 Resolution 2022-87 Page 1 of 4 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-87 A RESOLUTION CERTIFYING DELINQUENT WATER CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES WHEREAS, under the provisions of City Code 10-5-5 adopted by the City Council of the City of Mendota Heights on April 19, 2016, it is provided that if water charges are past due to the Board of Water Commissioners of the City of St. Paul and are not paid within thirty (30) days after the mailing of a billing statement thereof, the same shall be collected and the collection thereof enforced in the same manner and in all respects as county and state real estate taxes, subject to like penalty, cost and interest charges; and WHEREAS, the City Clerk has advised the City Council that the total water charges due to the Board of Water Commissioners of the City of St. Paul as of the middle of October, 2022 has been sent to the last known owner of said properties and that more than thirty (30) days has elapsed since the mailing of said statement; and WHEREAS, said properties are all situated in the City of Mendota Heights, County of Dakota, Minnesota, and the parcel identification number of said properties, and the total amount of water charges due for each said parcel through November 4, 2022 are more particularly described as follows: PARCEL ID NUMBER AMOUNT DUE 277540001020 $75.80 277540001170 $732.98 277540001010 $112.96 275750002110 $69.30 275750003120 $456.14 271710001160 $633.58 275420001071 $91.00 274210005020 $263.94 271710001210 $535.94 274210003040 $74.66 273760002010 $683.42 5jCity Council | Tuesday, November 15, 2022 | Page 97 of 146 Resolution 2022-87 Page 2 of 4 278130000062 $74.32 271715002100 $128.16 277640100100 $205.34 277640202030 $232.16 277640100180 $144.92 271715005060 $559.40 273765005030 $199.48 271785000110 $121.64 271785000160 $154.92 277110002030 $628.00 274210001040 $751.72 270240079060 $410.62 270380049010 $482.18 274920001021 $258.10 277105000340 $230.08 276400003060 $82.78 275220001020 $444.94 272336503030 $355.46 272245002060 $321.38 273860004021 $1,684.38 273860004070 $374.64 273860002010 $168.58 272245002150 $93.92 276970303120 $382.10 273190000040 $425.84 270420000170 $100.46 276970207140 $205.52 271715104010 $86.78 City Council | Tuesday, November 15, 2022 | Page 98 of 146 Resolution 2022-87 Page 3 of 4 272920002010 $460.32 271650001050 $180.84 272245402010 $111.80 273767502020 $127.74 270230050021 $237.94 275750003080 $190.82 272250101030 $210.10 276470002050 $199.64 271985004030 $215.24 272780007060 $477.20 272780013030 $280.34 272780019050 $141.26 272780004170 $107.34 272780011030 $123.66 272780004050 $66.50 272780003060 $115.92 272780018060 $562.40 272780019180 $255.60 272780020050 $78.76 274860001060 $93.06 271830002140 $123.66 274822502010 $91.00 271830101200 $190.72 276475001012 $791.78 271515004020 $244.60 272255501030 $78.76 271125101010 $70.58 271125001010 $140.00 City Council | Tuesday, November 15, 2022 | Page 99 of 146 Resolution 2022-87 Page 4 of 4 272840004110 $95.08 274160101090 $704.52 273250002050 $118.70 277105000172 $107.32 274478002030 $116.34 NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the total of said water charges set forth above is hereby adopted and confirmed as the proper unpaid utility charges due for the above-described properties through the middle of October, 2022 for each of said lots, pieces and parcels of land shall be a lien concurrent with the general taxes upon such parcels and all thereof. 2. That the total amount of said water charges shall be payable with general taxes for the year 2022 collectable in 2023. 3. That the Utility Billing Clerk shall prepare and transmit to the Dakota County Auditor a certified copy of this Resolution with the request that each of said amounts shall be extended upon the property tax lists of Dakota County to be thereafter collected in the manner provided by law. Adopted by the Mendota Heights City Council this 15th day of November, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS ___________________________________ Stephanie Levine, Mayor ATTEST: ____________________________ Christine Lusian, City Clerk City Council | Tuesday, November 15, 2022 | Page 100 of 146 Request for City Council Action DATE: November 15, 2022 TO: Mayor, City Council, and City Administrator FROM: Christine Lusian, City Clerk SUBJECT: Massage Therapist License INTRODUCTION The City Council is asked to approve a new massage therapist license. BACKGROUND Massage therapist applicant, Tracy Lyn Hovde, has completed application requirements, paid the associated license fees, and secured employment at licensed massage establishment Green Lotus. RECOMMENDATION City staff recommends the Council approve a massage therapist license for Tracy Lyn Hovde effective through June 30, 2023. 5kCity Council | Tuesday, November 15, 2022 | Page 101 of 146 This page intentionally left blank. City Council | Tuesday, November 15, 2022 | Page 102 of 146 Request for City Council Action MEETING DATE: November 15, 2022 TO: Mayor, City Council, and City Administrator FROM: Scott Goldenstein, Assistant Fire Chief SUBJECT: September 2022 Fire Synopsis Fire Calls: 22 In September, the Fire Department paged for service a total of 43 times. Types of calls: Medical/Extrication: 5 During the month of September, the Fire Department responded to five calls that were medical in nature and/or involved extrication. Hazardous Situations: 2 The MHFD was paged to a call for a shorted-out appliance and one call for a hazardous condition. False Alarms/System Malfunctions: 7 Under false alarms, the fire department responded to two calls with malfunctioning equipment and five calls where the alarm was unintentional. Dispatched and Cancelled En route: 4 In four instances, the department was paged for calls and we were canceled before arriving on scene. Mutual/Auto-Aid Other: 4 Four calls had the fire department responding to West St Paul for auto/mutual aid calls. September Trainings September 14 18:00 Live Burn Annually, firefighters are required to have live burn training. This drill was held offsite at the East Metro Fire Training facility in Oakdale. Crews train under live fire conditions and practice hose deployment, fire attack, and searching skills Mendota Heights 12 calls Lilydale 3 calls Mendota 0 call(s) Sunfish Lake 3 calls Other 4 calls Total 22 calls 5lCity Council | Tuesday, November 15, 2022 | Page 103 of 146 September 21 18:30 Relay Pumping This drill involved setting up multiple engines and pumping water extended distances. This would come into play at numerous homes that have extremely long driveways and/or setbacks. September 14 07:00 Live Burn Annually, firefighters are required to have live burn training. This drill was held offsite at the East Metro Fire Training facility in Oakdale. Crews train under live fire conditions and practice hose deployment, fire attack, and searching skills September 26 18:30 Forcible Entry This drill involved door entry training props to simulate property forcible entry and was then combined with hose deployment into the structure after access was made. September 27 07:00 Forcible Entry This drill involved door entry training props to simulate property forcible entry and was then combined with hose deployment into the structure after access was made. City Council | Tuesday, November 15, 2022 | Page 104 of 146 Number of Calls 22 Total Calls for Year 288 FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE ACTUAL FIRES Structure - MH Commercial $0 Structure - MH Residential $610,900 Structure - Contract Areas $0 Cooking Fire - confined $0 Vehicle - MH $10,100 Vehicle - Contract Areas $0 Grass/Brush/No Value MH Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES Other Fire OVERPRESSURE RUPTURE $0 $0 $0 Excessive heat, scorch burns MEDICAL Emergency Medical/Assist 4 Vehicle accident w/injuries Extrication 1 ALL FIRES, ALL AREAS (MONTH)$0 Medical, other HAZARDOUS SITUATION $610,900 Spills/Leaks Carbon Monoxide Incident $10,100 Power line down Arcing, shorting 1 $621,000 Hazardous, Other 1 SERVICE CALL Smoke or odor removal $0 Assist Police or other agency Service Call, other GOOD INTENT Good Intent Dispatched & Cancelled 4 Current To Date Last Year Smoke Scare 12 219 187 HazMat release investigation 3 21 15 Good Intent, Other 0 3 7 FALSE ALARMS 3 23 11 False Alarm 4 22 31 Malfunction 2 Unintentional 5 Total:22 288 251 False Alarm, other MUTUAL AID 4 FIRE MARSHAL'S TIME FOR MONTH Total Calls 22 Inspections Investigations WORK PERFORMED Hours To Date Last Year Re-Inspection Fire Calls 262.5 3674 3937.5 Meetings 34 473.5 277.5 Meetings Training 389 2386 3334.75 Special Activity 71 673.25 625 Administration Fire Marshal 292.5 393 Plan Review/Training TOTALS 756.5 7499.25 8567.75 TOTAL:0 Lilydale Mendota Sunfish Lake Other MENDOTA HEIGHTS FIRE DEPARTMENT SEPTEMBER 2022 MONTHLY REPORT FIRE LOSS TOTALS LOCATION OF FIRE ALARMS Mendota Heights Mendota Heights Only Structure/Contents Mendota Heights Only Miscellaneous Mendota Heights Total Loss to Date Contract Areas Loss to Date City Council | Tuesday, November 15, 2022 | Page 105 of 146 This page intentionally left blank. City Council | Tuesday, November 15, 2022 | Page 106 of 146 Request for City Council Action MEETING DATE: November 15, 2022 TO: Mayor, City Council, and City Administrator FROM: Scott Goldenstein, Assistant Fire Chief SUBJECT: October 2022 Fire Synopsis COMMENT: Fire Calls: 38 In October, the Fire Department was paged for service a total of 38 times. Types of calls: Fires: 2 During the month of October, the department extinguished a fire located in the dust collector of a commercial property. In addition, the department was dispatched to an outdoor leaf fire that was extinguished by the homeowner upon arrival. Medical/Extrication: 4 Four calls were medical in nature and/or involved extrication. Hazardous Situations: 9 October found the fire department being called out to nine different “Hazardous Situation” calls. These included: one call for the smell of gas in the area, clean-up of vehicle fluids after an accident, a call for overhead lines that were down, and several calls for a smell of gas in a structure. False Alarms/System Malfunctions: 9 The month also included nine calls that were false alarms due to either a system malfunction or an unintentional transmission of the alarm. Good Intent: 2 Under the category of “Good Intent” was a call for a grass fire of which no fire was located and a to a smell of gas in a home with no hazard found. Dispatched and Cancelled En route: 8 The pagers were activated for eight calls that were cancelled before the fire department arrived on scene. Mendota Heights 31 calls Lilydale 1 call(s) Mendota 2 calls Sunfish Lake 0 call(s) Other 4 calls 5mCity Council | Tuesday, November 15, 2022 | Page 107 of 146 Mutual/Auto-Aid Other: 4 Auto/Mutual Aid requests had the department being called to Eagan to assist with a missing persons search, to Inver Grove Heights with a water tender for a structure fire, to West Saint Paul for a structure fire call and to South St Paul to assist with a missing persons search. October Trainings October 5 18:00 EMS B (opportunity 3) All firefighters are required to be current Emergency Responders (or above) and this class is one portion of the mandatory ongoing education that is required to maintain the certification of EMR. October 6 07:00 Public Education Refresher/Scenarios This drill was split into two portions. The first portion was to go over public education talking points and delivery tips. The second half was dedicated to scenarios where firefighters were presented with slides of theoretical conditions upon arrival and they were to determine proper actions to be taken for incident mitigation. October 10 18:30 Public Education Refresher/Scenarios This drill was split into two portions. The first portion was to go over public education talking points and delivery tips. The second half was dedicated to scenarios where firefighters were presented with slides of theoretical conditions upon arrival and they were to determine proper actions to be taken for incident mitigation. October 12 18:30 Fire Fighter Fitness This was a new drill with numerous stations going over applicable physical exercises and movements to strengthen firefighter’s core, specifically for typical firefighter activities using the equipment and facilities within the station (or at home). October 13 18:30 Fire Fighter Fitness This was a new drill with numerous stations going over applicable physical exercises and movements to strengthen firefighter’s core, specifically for typical firefighter activities using the equipment and facilities within the station (or at home). October 24 18:30 Xcel Tank Farm This drill was held at the Xcel tank farm on Sibley Memorial Highway. It served as a refresher on the buildings and hazards onsite as well as to go over procedures to mitigate potential incidents onsite. October 25 07:00 Xcel Tank Farm This drill was held at the Xcel tank farm on Sibley Memorial Highway. It served as a refresher on the buildings and hazards onsite as well as to go over procedures to mitigate potential incidents onsite. City Council | Tuesday, November 15, 2022 | Page 108 of 146 Number of Calls 38 Total Calls for Year 326 FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE ACTUAL FIRES Structure - MH Commercial 1 $25,000 $25,000 Structure - MH Residential $610,900 Structure - Contract Areas $0 Cooking Fire - confined $0 Vehicle - MH $10,100 Vehicle - Contract Areas $0 Grass/Brush/No Value MH 1 Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES Other Fire OVERPRESSURE RUPTURE $25,000 $0 $0 Excessive heat, scorch burns MEDICAL Emergency Medical/Assist 4 Vehicle accident w/injuries Extrication ALL FIRES, ALL AREAS (MONTH)$25,000 Medical, other HAZARDOUS SITUATION $610,900 Spills/Leaks 1 Carbon Monoxide Incident 3 $10,100 Power line down 1 Arcing, shorting $646,000 Hazardous, Other 1 SERVICE CALL Smoke or odor removal $0 Assist Police or other agency Service Call, other GOOD INTENT Good Intent 2 Dispatched & Cancelled 8 Current To Date Last Year Smoke Scare 1 31 250 218 HazMat release investigation 3 1 22 15 Good Intent, Other 2 5 7 FALSE ALARMS 0 23 12 False Alarm 1 4 26 36 Malfunction 3 Unintentional 6 Total:38 326 288 False Alarm, other MUTUAL AID 2 FIRE MARSHAL'S TIME FOR MONTH Total Calls 38 Inspections 23 Investigations WORK PERFORMED Hours To Date Last Year Re-Inspection Fire Calls 390 4064 4501 Meetings 16 489.5 311.5 Meetings Training 373.25 2759.25 3541.25 Special Activity 310.25 983.5 897.5 Administration 12 Fire Marshal 37 329.5 508 Plan Review/Training 2 TOTALS 1126.5 8625.75 9759.25 TOTAL:37 Lilydale Mendota Sunfish Lake Other MENDOTA HEIGHTS FIRE DEPARTMENT OCTOBER 2022 MONTHLY REPORT FIRE LOSS TOTALS LOCATION OF FIRE ALARMS Mendota Heights Mendota Heights Only Structure/Contents Mendota Heights Only Miscellaneous Mendota Heights Total Loss to Date Contract Areas Loss to Date City Council | Tuesday, November 15, 2022 | Page 109 of 146 This page intentionally left blank. City Council | Tuesday, November 15, 2022 | Page 110 of 146 11/2/2022 Mendota Heights Building Activity Report Mike Andrejka, Building Official October 1, 2022 thru October 31, 2022 January 1, 2022 thru October 31, 2022 January 1, 2021 thru October 31, 2021 January 1, 2020 thru October 31, 2020 Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected SFD 0 -$ $0.00 SFD 8 6,577,840.00$ $66,560.42 SFD 12 8,205,610.00$ $86,684.43 SFD 8 4,190,715.00$ 46,791.77$ Apartment 0 -$ $0.00 Apartment 2 13,392,900.00$ $93,200.42 Apartment 0 -$ $0.00 Apartment 1 14,000,000.00$ 95,628.64$ Townhouse 0 -$ $0.00 Townhouse 0 -$ $0.00 Townhouse 2 1,000,000.00$ $8,641.88 Townhouse 0 -$ -$ Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ -$ Misc 80 1,850,871.41$ 20,237.69$ Misc 618 28,815,537.89$ 284,283.40$ Misc 571 21,442,527.83$ 234,671.25$ Misc 493 8,762,447.04$ 108,485.84$ Commercial 2 26,100.00$ $486.75 Commercial 55 5,974,075.12$ $69,775.96 Commercial 58 6,808,556.73$ $75,531.42 Commercial 38 1,867,550.00$ 20,465.19$ Sub Total 82 1,876,971.41$ 20,724.44$ Sub Total 683 54,760,353.01$ 513,820.20$ Sub Total 643 37,456,694.56$ 405,528.98$ Sub Total 540 28,820,712.04$ 271,371.44$ 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 13 $1,433.60 Plumbing 186 $27,201.86 Plumbing 204 $21,762.40 Plumbing 154 16,716.88$ Water 0 $0.00 Water 0 $0.00 Water 0 $0.00 Water 0 -$ Sewer 2 $150.00 Sewer 26 $1,876.00 Sewer 25 $1,876.00 Sewer 18 1,350.00$ Mechanical 50 $4,556.94 Mechanical 332 397.00$ $46,829.02 Mechanical 338 $37,471.83 Mechanical 287 31,319.76$ Sub Total 65 6,140.54$ Sub Total 544 75,906.88$ Sub Total 567 $61,110.23 Sub Total 459 49,386.64$ 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 $0.00 Contractor 0 -$ Total 147 1,876,971.41$ 26,864.98$ Total 1227 54,760,353.01$ 589,727.08$ Total 1210 37,456,694.56$ 466,639.21$ Total 999 28,820,712.04$ 320,758.08$ NOTE: All fee amounts exclude SAC, WAC and State Surcharge. Amounts shown will reflect only permit, plan review fee and valuation totals 5nCity Council | Tuesday, November 15, 2022 | Page 111 of 146 This page intentionally left blank. City Council | Tuesday, November 15, 2022 | Page 112 of 146 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone I 651.452.8940 fax www.mendota·heights.com * ffl-1 CITY OF � � MENDOTA HEIGHTS MEETING DATE: TO: FROM: SUBJECT: BACKGROUND Significant Claims Request for City Council Action November 15, 2022 Mayor, City Council and City Administrator Kristen Schabacker, Finance Director ·'Q.J'{'v�/ Claims List Summary A to Z Home Inspections -9/20-10/21/22 Inspections ( 17 6) Cargill -Street Salt Dakota County Financial Services -Construction Costs Ehlers & Associates -2022 Debt Disclosure Kirchner Contracting-Dugout Pads/Street Project/Salt Shed Expenses LMCIT -Property Casulty Insurance Premium LOGIS -IT Services Mansfield Oil -Fuel Mendota Heights -City Assessments Centre Pointe Project :MN DOT -Construction Costs Motorola Solutions -Mobile Radios -Police Savatree -Tree Services (23 trees) St Paul Utilities and Excavating -Sanitaiy Sewer Repair Ziegler -Snow Plow Blade/Equipment Repair Manual Checks Total System Checks Total Total for the list of claims for the November 15, 2022 City Council meeting $ RECOMMENDATION $9,463.13 $21,067.79 $18,277.69 $4,200.00 $24,150.00 $ 136,174.00 $10,024.50 $7,460.06 $ 479,886.84 $23,801.84 $48,693.50 $13,041.00 $22,027.00 $14,472.23 $3,530.00 $ 921,968.59 925,498.59 Staff rec01mnends that the Mendota Heights City Council approve the list of claims for November 15, 2022. 5oCity Council | Tuesday, November 15, 2022 | Page 113 of 146 City Council | Tuesday, November 15, 2022 | Page 114 of 146 City Council | Tuesday, November 15, 2022 | Page 115 of 146 City Council | Tuesday, November 15, 2022 | Page 116 of 146 City Council | Tuesday, November 15, 2022 | Page 117 of 146 City Council | Tuesday, November 15, 2022 | Page 118 of 146 City Council | Tuesday, November 15, 2022 | Page 119 of 146 City Council | Tuesday, November 15, 2022 | Page 120 of 146 City Council | Tuesday, November 15, 2022 | Page 121 of 146 City Council | Tuesday, November 15, 2022 | Page 122 of 146 City Council | Tuesday, November 15, 2022 | Page 123 of 146 This page intentionally left blank.City Council | Tuesday, November 15, 2022 | Page 124 of 146 Request for City Council Action DATE: November 15, 2022 TO: Mayor and City Council, City Administrator FROM: Christine Lusian, City Clerk SUBJECT: Canvassing the Results of the November 8, 2022 General Election INTRODUCTION The City Council is asked to canvass the results of the November 8, 2022 General Election. BACKGROUND The city council serves as the canvassing board for city elections. The council must meet to canvass the returns and declare the results within three to ten days after a general election. A canvassing report (abstract) accumulates results from five precincts. The canvass board publicly canvasses the election returns by reviewing and signing the abstract and the results become official. As of the open of the polls on November 8: Registered voters: 9,209 As of the close of the polls on November 8: Ballots cast: 7,714 Absentee: 2,854 Election Day: 4,860 Voter turnout: 83.77% RECOMMENDATION If Council concurs, it should, by motion adopt RESOLUTION 2022-85 CANVASSING THE RETURNS OF THE NOVEMBER 8, 2022 GENERAL ELECTION. 9aCity Council | Tuesday, November 15, 2022 | Page 125 of 146 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-85 RESOLUTION CANVASSING RETURNS OF THE NOVEMBER 8, 2022 GENERAL ELECTION WHEREAS, the General Election was held on November 8, 2022, for the Office of Mayor and for two seats for the Office of Council Member; and WHEREAS, the City Council acts as the Election Canvassing Board in order to canvass the results of the 2022 General Election; and WHEREAS, on the 15th day of November 2022, the City Council has met to canvass said election results. The votes tabulated at said election were: Mayor (Elect One) Stephanie Levine 3,991 John P. Maczko 2,995 Write Ins 5 City Council (Elect Two) John R. Mazzitello 4,355 Sally M. Lorberbaum 4,015 Jeff Nath 1,938 Write Ins 47 NOW, THEREFORE, BE IT RESOLVED, by the Mendota Heights City Council that the following persons are hereby declared to have been elected and qualify for the office of Mayor and City Council Members in the General Election of November 8, 2022 as follows: Mayor (2-year term) Stephanie Levine City Council (Each a 4-year term) John R. Mazzitello Sally M. Lorberbaum Adopted by the City Council of Mendota Heights this 15th day of November 2022. Mendota Heights City Council ______________________________ Stephanie Levine, Mayor ATTEST: ___________________________ Christine Lusian, City Clerk City Council | Tuesday, November 15, 2022 | Page 126 of 146 This page intentionally left blank.City Council | Tuesday, November 15, 2022 | Page 127 of 146 This page intentionally left blank.City Council | Tuesday, November 15, 2022 | Page 128 of 146 This page intentionally left blank.City Council | Tuesday, November 15, 2022 | Page 129 of 146 This page intentionally left blank.City Council | Tuesday, November 15, 2022 | Page 130 of 146 This page intentionally left blank.City Council | Tuesday, November 15, 2022 | Page 131 of 146 This page intentionally left blank.City Council | Tuesday, November 15, 2022 | Page 132 of 146 Request for City Council Action DATE: November 15, 2022 TO: Mayor and City Council, City Administrator FROM: Meredith Lawrence, Parks and Recreation Manager Ryan Ruzek, P.E., Public Works Director SUBJECT: Authorize Professional Services Contracts for the Roger’s Lake Skate Park Reconstruction INTRODUCTION The City Council is asked to authorize professional services contracts with Bolton and Menk, Inc. and the American Ramp Company for the engineering and design of the Roger’s Lake Skate Park Reconstruction Project. BACKGROUND In the early 2000’s, the City worked with interested community members to design a city skatepark. In 2003, the approval was received to build and install a Tier 1 skate park (including ramps, jumps and obstacles) at Rogers Lake park within the underutilized tennis court. The skatepark opened in 2004. The skatepark is part of the park system and is operated and maintained by the City. The skatepark is utilized by skate boarders, in-line skaters, and BMX bikers of all ages and abilities. The park is unsupervised and operates under the same park rules (e.g. hours of operation, etc.) as other city parks. Over the course of the past few years, the operation and maintenance of the skatepark has become more challenging. The facility’s structural features have started to show their age and renovations and improvements are needed. In September, 2020, the City Council formed a skate park subcommittee to discuss some issues taking place at the park, many of which have been resolved over the last two years. In addition, the subcommittee worked to design a new skate park. The subcommittee was paused in March, 2021 based on direction from the City Council to put all park improvement projects on hold until a Parks Strategic Plan and budget could be determined. In August, 2022 staff brought forward a 2023 budget request for $300,000 to construct a new skate park at Rogers Lake. The City Council included the Rogers Lake Skate Park Reconstruction project in the preliminary 2023 budget that was approved on September 20, 2022 9bCity Council | Tuesday, November 15, 2022 | Page 133 of 146 In order to fulfill a 2023 skate park build, staff would like to begin the design process prior to the new year. Staff is recommending hiring Bolton and Menk, Inc. and the American Ramp Company to help staff with the engineering and design of the new skate park. As part of Bolton and Menk’s proposal, their company would conduct a topographic survey, assist with the engineering function of the concept design, pavement analysis, geotechnical exploration, engineer’s estimate, and construction documents in preparation for the base work to be constructed at the site. In addition, Bolton and Menk, Inc. would assist staff with the community engagement necessary for a successful project. The City’s Public Works Director is familiar with the work of Bolton and Menk, Inc. and feels this engineering firm is well suited to complete this project. As part of the American Ramp Company’s proposal, their company would work with the project team to conduct community engagement, perform a site review and coordinate the concept design process. In addition, the American Ramp Company and Bolton and Menk, Inc. have agreed to study the city’s existing skate park infrastructure to determine if any of the pieces are structurally salvageable. Bolton and Menk, Inc and the American Ramp Company have assisted with countless park projects within the metro area and staff’s colleagues from those cities have confirmed that the two companies have done exceptional work. With having Bolton and Menk, Inc. and the American Ramp Company part of the subcommittee meetings and helping with community engagement, staff is confident the city will be able to efficiently and effectively design and build a skate park that is safe and desired by the community. In the past month, staff has reached out to the subcommittee members from 2020 to solicit interest in being part of the design process for the 2023 project. A few of the members are interested in continuing on and a few of the members are no longer interested in being involved. Staff has invited three additional members of the community who have shown interest in the project to be part of the subcommittee to ensure there is a diverse group of members. Attachments: Bolton and Menk, Inc Proposal The American Ramp Company Proposal BUDGET IMPACT The preliminary budget for 2023 included a total of $300,000 for this project ($225,000 from the General Fund fund balance and $75,000 from the Special Parks Fund). RECOMMENDATION Staff recommends that the City Council authorize the professional services contracts with Bolton and Menk, Inc and the American Ramp Company for the engineering and design of the Roger’s Lake Skate Park Reconstruction Project. ACTION REQUESTED If the City Council concurs with the staff recommendation, they should, by motion, authorize staff to execute an agreement with Bolton and Menk, Inc for the engineering work necessary for the Roger’s Lake Skate Park Reconstruction for a not to exceed price of $31,920. In addition, authorize staff to execute an agreement with the American Ramp Company for the design work for the reconstruction of the Roger’s Lake Skate Park for a not to exceed price of $9,000. This action requires a simple majority vote. City Council | Tuesday, November 15, 2022 | Page 134 of 146 October 6, 2022 Meredith Lawrence, MPA, CPRP, CPSI Parks and Recreation Manager 1101 Victoria Curve Mendota Heights, MN 55118 RE: Rogers Lake Skate Park Reconstruction Dear Ms. Lawrence: Bolton & Menk, Inc. appreciates the opportunity to submit this proposal to the City of Mendota Heights for professional engineering services related to the reconstruction of the Rogers Lake Skate Park. Our proposal is based upon our recent discussions with the City. The following paragraphs outline our proposed approach to engage the public, develop construction documents and, if necessary, develop opportunities for project phasing. We will also prepare an engineer’s estimate based, in part, with information obtained from the City’s preferred ramp fabricator, American Ramp Company. SCOPE OF SERVICES COMMUNITY ENGAGEMENT Bolton & Menk will work with city staff to develop and deploy a community engagement strategy to assess the public’s desires for this renovation project. This task will be initiated with a project kick-off meeting and will include assistance with social media posts and developing and proctoring an online survey through the City’s website portal. Our understanding is that a subcommittee was formed previously within the City to communicate and provide direction for the skate park. While much has changed, including the location of the skate park, this subcommittee will be important to engage early in the process. We can follow a couple of paths including working with the subcommittee or, alternatively, carrying there efforts forward. Regardless, understanding their previous efforts will be an important step in the public engagement process. We also understand the City has a slight preference for a modular system, although cast-in-place features would be implemented where they make sense. Deliverables: + We will kick off the project with city staff to confirm scope of work and critical dates. o This includes confirming a community engagement strategy and outlining responsibilities for needed efforts. + Meet with members of the subcommittee that was previously engaged in the project. City Council | Tuesday, November 15, 2022 | Page 135 of 146 Ms. Meredith Lawrence, MPA, CPRP, CPSI October 6, 2022 Page 2 + The design team will work with the City to provide regular updates, meeting date and location announcements, and links to project resources through already established social media accounts. + To better assess resident’s needs and desires for renovation efforts we will assist the City in developing an online survey to garner public input. o This task will also include informational project updates to the City’s website to keep the community engaged in the process and aware of progress. The key outcomes will include desired components of the skate park and a construction budget for the project. Each will help guide the next phases of the project. PRELIMINARY DESIGN The Bolton & Menk Team will leverage information gathering during community input events to develop a series of schematic designs for discussion. We will then focus in on one design concept to carry forward to final design. We will develop a set of construction drawings, opinion of probable costs and construction manual for renovation of the skate park. Depending on the ultimate concept recommendation, this effort may include construction documents for a phase 1 project only. Topographic Survey We will complete a survey of the existing features and the surrounding area. Existing ground features and elevations will be collected including private and public utilities. Concept Design Bolton & Menk team will coordinate with American Ramp Company to prepare conceptual layouts for skate park and ramp element opportunities at cost levels determined by the City and in line with community feedback. We will prepare up to 3 concept layouts and will refine concepts into a single layout recommendation to move forward into final design. Pavement Analysis We will prepare a design analysis of pavement types for the project. These will include asphalt pavement and concrete pavement. We will prepare capital costs associated with each, along with a 50 year life cycle cost for consideration. Geotechnical Exploration We will work with American Engineering Testing, Inc. to obtain a series of five soil borings for the site. The resulting report will provide recommendations for both bituminous and concrete pavement designs. Deliverables: + Base Map Drawing, + Geotechnical Analysis, + Pavement Recommendation, + Concept Layouts (up to three), + Recommended Layout, + Engineer’s Estimate, City Council | Tuesday, November 15, 2022 | Page 136 of 146 Ms. Meredith Lawrence, MPA, CPRP, CPSI October 6, 2022 Page 3 + Phasing Recommendation for Skate Park (if needed), and + Attendance at one (1) meeting to review concepts. Alternative Design Elements There are several additional items which could be incorporated into design that are not covered under this scope of services. Items such as fencing, lighting, bollards, receptacles, benches, water fountains, and additional access routes could also be incorporated into the design based on budget and citizen feedback. Additionally, we have not included a storm water analysis in our scope, as we have assumed that there will be no net increase in impervious area. CONSTRUCTION DOCUMENTS The Bolton & Menk team will develop construction documents for the following elements assumed to be included as part of this renovation effort: • Paved pad for new skate park ramps and equipment, • Identification and placement layout of new skate park ramps and feature elements, and • Grading plan for skate park area. Progress reviews will occur at 90% for staff feedback and coordination. Comments will be incorporated following each progress review. Deliverables: + Site survey of boundary and topography + Construction documents including the following: o Title sheet o Tabulations and General Notes o Existing Conditions and Utilities o Removals Plan o Site Layout o Paving Plan and Paving Details o Layout Plan for Skate Park Ramps and Feature Elements o Site Grading plan o Seeding, Restoration and Landscaping Plan o Construction Details o SWPPP Plan o Project Manual / Specifications + Engineer’s Estimate City Council | Tuesday, November 15, 2022 | Page 137 of 146 Ms. Meredith Lawrence, MPA, CPRP, CPSI October 6, 2022 Page 4 SCHEDULE Upon authorization and Notice to Proceed, we will commence with procuring topographic survey and geotechnical exploration of the site. We will work with the City to develop a community engagement plan to assist with design efforts. We anticipate the following timeline for project delivery: Task Duration Community Engagement Approximately 8 weeks following Notice to Proceed Construction Documentation Approximately 12 weeks following approval of schematic design PROPOSED FEES Our proposed fees associated with the scope of work presented above is presented in the following table. Task Hours Fees Community Outreach and Engagement 32 $ 4,580.00 Preliminary Design 52 $ 7,160.00 Geotechnical (AET) $ 4,600.00 Final Design 118 $ 15,580.00 TOTALS 202 $ 31,920.00 We have not included fees associated with American Ramp Company. We have included fees associated with coordinating with their company, but no fees associated with their efforts. This scope of work will be completed and invoiced monthly at Standard Hourly Rates with an hourly not to exceed basis with an estimated fee of $31,920.00. Additional services and/or City requested re-design can be performed at Bolton & Menk’s standard hourly rates. We appreciate this opportunity and look forward to continuing to work with the City to realize improvements to the skate park facilities at Rogers Lake Park. Please contact me at (651) 968-7760 if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. Kevin P. Kielb, PE Joshua L. Shields, PLA Principal Engineer Principal Landscape Architect Cc: Ryan Ruzek, Public Works Director City Council | Tuesday, November 15, 2022 | Page 138 of 146 American Ramp Company 601 S. McKinley Ave Joplin, MO 64801 417.206.6816 Skatepark Concept Design Service Package Prepared for: City of Mendota Heights Prepared by: Jeremy Jones INTRODUCTION ARC’s action sports design studio provides professional skatepark design services geared to develop a completely custom park design for your community. Our team of professional Skateboarders, Designers, BMX Riders, Engineer, and Visual Artists will work directly with your project team to generate ideas and develop your park. Design Scope of Work TASK 1.0 SKATEPARK DESIGN PROJECT KICKOFF TASK 1.1 Virtual Kickoff with ARC’s key project team members and client’s project team (MS Teams) to review and align project objectives and review existing information of the future skatepark area to identify opportunities and constraints. TASK 2.0 COMMUNITY ENGAGEMENT TASK 2.1 Real-Time Engagement • American Ramp Company will host a virtual and/or onsite meeting with your local skaters or project team to formulate ideas for your concept design • Review of samples designs with group to identify preferred themes • Summarize meeting findings with group TASK 3.0 SITE REVIEW TASK 3.1 • Review location of skatepark for opportunities and constraints • Identify potential locations for entry, spectator viewing, and drainage flow • Review existing equipment for general safety and feasibility of continued use TASK 4.0 60% CONCEPT DESIGN TASK 4.1 Develop initial concept plan informed by project goals and existing site conditions TASK 4.2 Skatepark Concept Review Meeting with Project Team (MS Teams) TASK 5.0 100% CONCEPT DESIGN TASK 5.1 Refine and finalize concept design TASK 5.2 Create refined cost estimate for skatepark equipment and/or specialty skatepark scope TASK 5.3 Produce plan view and 3D perspective renders of concept TASK 5.4 Produce detailed feature list TASK 5.0 FINAL DELIVERABLES ✓ Plan view and 3D perspective renders of key features of final concept design (PDF) City Council | Tuesday, November 15, 2022 | Page 139 of 146 American Ramp Company 601 S. McKinley Ave Joplin, MO 64801 417.206.6816 ✓ 24” x 36” Poster Print of Final Design ✓ Refined cost estimate for supply, installation, and construction of skatepark equipment and/or specialty skatepark scope (PDF) ✓ SourcewellTM Price Quote for skatepark equipment and/or specialty skatepark scope (PDF) Cost - The base cost for our interactive professional Conceptual Design Services Package = $9,000.00. Please see additional considerations on page two (2) to determine if any other services or expenses should be included. We are available to discuss and clarify. City Council | Tuesday, November 15, 2022 | Page 140 of 146 American Ramp Company 601 S. McKinley Ave Joplin, MO 64801 417.206.6816 Additional Considerations - If you’d like to include professional skateboarder(s) to be involved in community input meeting and/or skate with local riders the day of meeting, please add $950 to this package. - Topography Map of the area with 1’ contour lines is required. If client can’t provide, ARC can have it done for additional $1950. If no drone access, ARC can hire someone at cost plus 25%. - Utility Map is not required but recommended. If client can’t provide, ARC can hire someone at cost plus 25%. If we don’t have this, ARC will assume no utilities are in the way. - Geotechnical Report is not required but recommended. If client can’t provide, ARC can hire someone at cost plus 25%. If we don’t have this, ARC will assume the site is suitable to build on as -is. - Terms are 100% due upon signing since most of the expense is borne early in the planning and design process. Service Description Costs and Options Include Base Design Service Cost $9000.00 Pro Skateboarder $995 or "Not needed" Topography Map $1995 or "Client to Provide" Utility Map "Client to Provide", "Not Needed", or "Price TBD" Geotech Report "Client to Provide", "Not Needed", or "Price TBD" Sales Tax Enter amount or "NA" Total Cost Customer Name: Billing Address: ________________________________ ________________________________________________________ Phone Number: Fax Number: Email Address: ________________________________ __________________________ ___________________________ Approved By: Signature Date ________________________________ ___________________________ ___________________________ Print Name / Title City Council | Tuesday, November 15, 2022 | Page 141 of 146 This page intentionally left blank. City Council | Tuesday, November 15, 2022 | Page 142 of 146 Request for City Council Action DATE: November 15, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2022-88 Accept Bids and Award Contract for the Rogers Lake and Park Place Pond Improvement Project INTRODUCTION The Council is asked to approve Resolution 2022-88 accepting bids and awarding a contract for the Rogers Lake and Park Place Pond Improvement Project. BACKGROUND Council authorized staff to bid the Rogers Lake and Park Place Pond Improvement Project at their October 18, 2022 meeting. The proposed plan includes sediment removal, outlet improvements, rip rap, restoration and other appurtenant work. DISCUSSION Twelve bids (see below) were received and opened on Tuesday, November 8, 2022, at 2:00 p.m. for the Rogers Lake and Park Place Pond Improvements. NAME OF BIDDER AMOUNT OF BID Veit & Company, Inc. $153,563.00 Nadeau Companies $164,200.00 Rachel Contracting, LLC $168,900.00 Minnesota Dirt Works Inc. $169,380.00 Fitzgerald Excavating $169,650.00 Carl Bolander & Sons $192,600.00 Sunram Construction, Inc. $209,400.00 Peterson Companies $216,198.50 US SiteWork $282.669.00 Frattalone Companies $285,095.00 New Look Contracting, Inc. $294,900.00 Max Steinenger, Inc. $297,480.00 Veit & Company submitted the lowest responsible bid of $153,563.00. Their bid was less than the Engineer's Estimate of $175,000. Veit & Company is a contractor with many years of experience with an office in Rogers, Minnesota. 9cCity Council | Tuesday, November 15, 2022 | Page 143 of 146 BUDGET IMPACT The Rogers Lake and Park Place Pond Improvements are proposed to be financed by the storm water utility fund. The total cost for the Rogers Lake and Park Place Pond Improvements is $153,563.00, not including indirect costs for legal, engineering, administration, and finance. RECOMMENDATION Staff recommends that the council accept the bids and award the construction contract to Veit & Company for their bid in the amount of $153,563.00. ACTION REQUIRED If city council wishes to implement the staff recommendation, it should pass a motion adopting RESOLUTION 2022-88 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ROGERS LAKE AND PARK PLACE POND IMPROVEMENT PROJECT. This action requires a simple majority vote. City Council | Tuesday, November 15, 2022 | Page 144 of 146 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-88 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ROGERS LAKE AND PARK PLACE POND IMPROVEMENT PROJECT WHEREAS, pursuant to an advertisement for bids for the sediment removal, outlet improvements and related appurtenant work for the Rogers Lake and Park Place Pond Improvement Project, bids were received, opened, and tabulated according to law and the following bids were received complying with said advertisement: NAME OF BIDDER AMOUNT OF BID Veit & Company, Inc. $153,563.00 Nadeau Companies $164,200.00 Rachel Contracting, LLC $168,900.00 Minnesota Dirt Works Inc. $169,380.00 Fitzgerald Excavating $169,650.00 Carl Bolander & Sons $192,600.00 Sunram Construction, Inc. $209,400.00 Peterson Companies $216,198.50 US SiteWork $282.669.00 Frattalone Companies $285,095.00 New Look Contracting, Inc. $294,900.00 Max Steinenger, Inc. $297,480.00 ;and WHEREAS, the Public Works Director recommended that the lowest responsible bid submitted by Veit & Company, Minnesota, be accepted. NOW, THEREFORE, BE IT RESOLVED, by the Mendota Heights City Council as follows: 1. That the bids for the Rogers Lake and Park Place Pond Improvement Project are hereby received and accepted. 2. That the bid of Veit & Company of Rogers, Minnesota, submitted for the construction of the above described improvements be and the same is hereby accepted. 3. That the contract be awarded to Veit & Company of Rogers, Minnesota, and that the Mayor and Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary to consummate the awarding of said bids. City Council | Tuesday, November 15, 2022 | Page 145 of 146 Adopted by the City Council of the City of Mendota Heights this fifteenth day of November, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST: ___________________________ _____________________________ Christine Lusian, City Clerk Stephanie Levine, Mayor City Council | Tuesday, November 15, 2022 | Page 146 of 146