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2024-04-16 City Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL MEETING AGENDA April 16, 2024  7:00PM Mendota Heights City Hall, 1101 Victoria Curve, Mendota Heights 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE 4.APPROVAL OF THE AGENDA The Council, upon majority vote of its members, may make additions or deletions to the agenda. These items may be submitted after the agenda preparation deadline. 5.PUBLIC COMMENTS- for items not on the agenda Public comments provide an opportunity to address the City Council on items which are not on the meeting agenda. All are welcome to speak. Individuals should address their comments to the City Council as a whole, not individual members. Speakers are requested to come to the podium and must state their name and address. Comments are limited to three (3) minutes. No action will be taken; however, the Mayor and Council may ask clarifying questions as needed or request staff to follow up. 6.CONSENT AGENDA Items on the consent agenda are approved by one motion of the City Council. If a councilmember requests additional information or wants to make a comment on an item, the item will be removed from the consent agenda and considered separately. Items removed from consent agenda will be taken up as the next order of business. a.Approve Minutes from the April 2, 2024, City Council Meeting b.Resolution 2024-15 Adopting an Updated Capital Asset Policy c.Resolution 2024-16 Adopting a Lease & Subscription Based Information Technology Arrangement Policy d.Approve 2024 Workers Comp Insurance Policy Renewal e.Resolution 2024-14 Designating Election Polling Locations f.Resolution 2024-13 Authorizing the Disposal of Surplus Equipment through Public Auction g.Approve Fire Marshal Out of Metro Travel Request Next Meeting State of the City Presentation  5:00 PM May 7, 2024  7:00PM Information is available in alternative formats or with the use of auxiliary aids to individuals with disabilities upon request by calling city hall at 651-452-1850 or by emailing cityhall@mendotaheightsmn.gov Regular meetings of the City Council are cablecast on NDC4/Town Square Television Cable Channel 18/HD798 and online at TownSquare.TV/Webstreaming h.Approve City Administrator and Assistant City Administrator Out of Metro Travel Request i.Approve Administrative Assistant/Deputy City Clerk Out of Metro Travel Request j.Accept the Resignation of Police Officer Weston Raberge and Authorize the Position Recruitment k.Resolution 2024-17 Accepting Bids and Awarding Contract for the Emerson Avenue Street Improvements l.Approve Claims List 7.PRESENTATIONS 8.PUBLIC HEARINGS 9.NEW AND UNFINISHED BUSINESS a.Authorize Staff to Enter into Cooperative Agreement with Tree Trust Landscaping Services b.Resolution 2024-18 Approving Sanitary Sewer Rate Adjustment c.Resolution 2024-19 Approving Storm Sewer Rate Adjustment 10. COMMUNITY/CITY ADMINISTRATOR ANNOUNCEMENTS 11.CITY COUNCIL COMMENTS 12.ADJOURN CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA DRAFT Minutes of the Regular Meeting Held Tuesday, April 2, 2024 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayo r Levine called the meeting to order at 7:00 p.m. Councilors Lorberbaum, Paper, and Mazzitello were also present. Councilor Miller was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayo r Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. CONSENT CALENDAR Mayo r Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Mazzitello moved approval of the consent calendar as presented, pulling items I, K, and P. a.Approval of March 19, 2024, City Council Minutes b. Approval of March 19, 2024, Council Work Session Minutes c.Acknowledge Minutes from the January 24, 2024, Airport Relations Commission Meeting d. Acknowledge Minutes from the February 13, 2024, Parks and Recreation Meeting e.Acknowledge Minutes from the February 28, 2024, Planning Commission Meeting f.Approve City Administrator’s Performance Evaluation Summary g.Approve Reclassification of the Parks and Recreation Manager Position to Assistant Public Works-Parks and Recreation Director h. Authorize the Closure of City Hall on Friday, July 5, 2024 i.Approve Purchase of Greens Roller for Par 3 6aPage 1 of 79 April 2, 2024 Mendota Heights City Council Page 2 of 9 j.Approve a Professional Services Contract Amendment for Completion of the Zoning Code Update and a Professional Services Contract to Draft the Environment Title with Swanson Haskamp Consulting, LLC k.Authorize the Execution of a Joint Powers Agreement with the Lower Mississippi River Watershed Management Organization for the Interstate Valley Creek Streambank Stabilization and Volume Reduction Project l.Resolution 2024-11 Approve Plans and Authorize an Advertisement for Bids for the Bridgeview Shores Street Improvement Project m.Approve Wetland Delineation Report for 941 Wagon Wheel Trail n. Proclamation 2024-01 Proclaiming April 26, 2024, Arbor Day in Mendota Heights o.Approve Work Plan and Authorize Contract with Great River Greening for Restoration and Management at the Oheyawahe Preservation Site p.Approve Work Plan and Authorize Contract with Great River Greening for Restoration and Management within Valley and Rogers Lake Park q. Approval of Claims List Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS I)APPROVE PURCHASE OF GREENS ROLLER FOR PAR 3 Councilor Lorberbaum stated that the contract mentions that the price is not firm and suggested that the amount be changed to up to $16,000. She stated that if the amount were higher, this could then come back to the Council. Parks and Recreation Manager/Assistant Public Works Director Meredith Lawrence stated that she did obtain in writing that MTI would hold true to the price. Councilor Lorberbaum moved to approve PURCHASE OF GREENS ROLLER FOR PAR 3. Councilor Mazzitello seconded the motion. Further discussion: Councilor Paper asked the timing of delivery. Parks and Recreation Manager/Assistant Public Works Director Meredith Lawrence replied that the delivery would be anticipated for the July/August timeframe. Councilor Paper noted a looming repair that would cost $5,000, and commented that it does not seem logical to continue to use the current equipment for that length of time. He stated that if the current equipment breaks and is repaired, he would not want the new piece of equipment. Parks and Recreation Manager/Assistant Public Works Director Meredith Lawrence replied that if the equipment were to break down, staff would not spend the money to fix the equipment as the repair would not make sense. She explained that the repair would cost more than the equipment is currently worth. Page 2 of 79 April 2, 2024 Mendota Heights City Council Page 3 of 9 She stated that staff would instead work with neighboring communities to borrow equipment until the new equipment is received. Councilor Paper asked if there were other brands of rollers that would be more readily available. Parks and Recreation Manager/Assistant Public Works Director Meredith Lawrence commented that she has not checked with other brands, as this would match the branding of the existing fleet of equipment. She stated that in speaking with other communities, this is not a long period of time for equipment delivery. Ayes: 4 Nays: 0 K) AUTHORIZE THE EXECUTION OF A JOINT POWERS AGREEMENT WITH THE LOWER MISSISSIPPI RIVER WATERSHED MANAGEMENT ORGANIZATION FOR THE INTERSTATE VALLEY CREEK STREAMBANK STABILIZATION AND VOLUME REDUCTION PROJECT Mayor Levine stated that the City is receiving a grant for $585,000 to stabilize Valley Creek and slow down the water, which will have a huge impact. She stated that this project will reduce the amount of debris that goes into the river. She commended staff and the other partners, including the Lower Mississippi River Watershed Management Organization (LMRWMO), for their work. Mayor Levine moved to authorize THE EXECUTION OF A JOINT POWERS AGREEMENT WITH THE LOWER MISSISSIPPI RIVER WATERSHED MANAGEMENT ORGANIZATION FOR THE INTERSTATE VALLEY CREEK STREAMBANK STABILIZATION AND VOLUME REDUCTION PROJECT. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 P)APPROVE WORK PLAN AND AUTHORIZE CONTRACT WITH GREAT RIVER GREENING FOR RESTORATION AND MANAGEMENT WITHIN VALLEY AND ROGERS LAKE PARK Councilor Lorberbaum noted a discrepancy in the numbers as $26,000 is mentioned twice but the total of the items is actually $25,100. She stated that perhaps that language be changed to up to $26,000. Natural Resources Coordinator Krista Spreiter stated that $26,000 is the not to exceed amount as that would include a little wiggle room if additional treatment is needed. She stated that there has been weed and invasive species challenges in the corridor, therefore that additional space was left within the total. Councilor Lorberbaum moved to approve WORK PLAN AND AUTHORIZE CONTRACT WITH GREAT RIVER GREENING FOR RESTORATION AND MANAGEMENT WITHIN VALLEY AND ROGERS LAKE PARK, IN AN AMOUNT UP TO $26,000. Councilor Mazzitello seconded the motion. Ayes: 4 Page 3 of 79 April 2, 2024 Mendota Heights City Council Page 4 of 9 Nays: 0 PRESENTATIONS A) JUST DEEDS PRESENTATION AND RESOLUTION 2024-12 CONDEMNING THE USE OF DISCRIMINATORY COVENANTS, DISCHARGING DISCRIMINATORY COVENANTS ON CITY-OWNED PROPERTY, AND APPROVING PARTICIPATION IN THE JUST DEED COALITION Police Chief Kelly McCarthy introduced two students from Two Rivers High School to provide a presentation. LaRae Dodson and Noelle Hassan presented information on the Just Deeds Project and actions the City could take in support. Councilor Paper asked if this is coming forward through a class or club. The students replied that they took the issue up themselves because it is important to them. Councilor Paper thanked the students for presenting this information in such a clear and concise manner. Councilor Lorberbaum echoed those comments, noting that the students should be proud of their work. Councilor Mazzitello commented that most people likely do not know that the language is within their deed but now could take action to remove that. Mayor Levine recognized that this has also been a goal identified by the Council, so this is a great dovetail. She thanked the students for their work on this matter and providing a path forward of how to take action. Police Chief Kelly McCarthy explained how the information will be marketed on the City website, noting that Dakota County will work in conjunction with homeowners and the City to remove that language from the deeds. Councilor Lorberbaum moved to approve RESOLUTION 2024-12 CONDEMNING THE USE OF DISCRIMINATORY COVENANTS, DISCHARGING DISCRIMINATORY COVENANTS ON CITY- OWNED PROPERTY, AND APPROVING PARTICIPATION IN THE JUST DEEDS COALITION. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A)SURFACE MODIFICATIONS AND VOID ANALYSIS ON THE MARIE AVENUE BRIDGE Page 4 of 79 April 2, 2024 Mendota Heights City Council Page 5 of 9 Assistant City Engineer, Lucas Ritchie, introduced this matter, noting that representatives from Bolton & Menk were present to provide the presentation. He stated that the Council can consider the full project, but staff would recommend at minimum that the noise mitigation efforts be selected. Kevin Kielb, Bolton & Menk, provided a presentation on the Marie Avenue Bridge Study regarding noise and the void beneath the bridge. Assistant City Engineer, Lucas Ritchie, stated that staff is asking the Council for direction on how to proceed. Councilor Lorberbaum asked if the soil will eventually settle. Mr. Kielb commented that they believe that this is as much as the soil will settle. He stated that the material they are looking at to fill the void is lightweight. Councilor Lorberbaum asked if there is a potential option to go back to the original contractor, as the lines should have been done longitudinally. Mr. Kielb commented that it was not done incorrectly for a lower speed roadway. He stated that in this case, there are residential properties nearby and therefore the noise is perceived as louder. He noted that this cross tining is better for traction. Ryan Evans, Bolton & Menk, commented that it is common practice for lower speed roadways to use this type of tining. He stated that MnDOT uses longitudinal grooving for roadways over 45 mph. Councilor Mazzitello commented that the project is municipal state aid eligible, but asked for clarification on how much of the project would be eligible if only the tining element were done. Finance Director Kristen Schabacker commented that she would recommend using the water tower fund if the settlement issues were not chosen to move forward, as there is sufficient funding in that account. Councilor Paper asked the downside of doing nothing related to the void. Mr. Kielb replied that structurally the bridge would be fine. He stated that the only downside would be that you could see further settlement as material continues to migrate under the bridge. He stated that would not be a concern for the bridge or road safety. Councilor Paper asked if filling or not filling the void would have an impact on the noise. Mr. Kielb replied that it would most likely not have an impact on the tining, but perhaps on the clunking. Councilor Paper asked if there would still be grooves after the milling and whether the surface would become slippery. Mr. Evans provided additional details on the milling process, noting that there would still be good traction. Page 5 of 79 April 2, 2024 Mendota Heights City Council Page 6 of 9 Councilor Mazzitello stated that he would suggest working on the noise mitigation first and continue to monitor the settlement issue over the next few years. He noted that public works staff could do spot filling if necessary and if there is still sluffing in 2027, the mitigation effort could be considered at that time. He stated that he does support the tining action. Mayor Levine commented that it appears that everyone is supportive of the tining noise mitigation project. She asked how the expansion joint issue would be mitigated. Mr. Evans commented that the wearcourse was poured higher than specification, which provided a more pronounced drop and they would feather that down to reduce that noise. It was confirmed that the cost is included in the tining project. Mayor Levine referenced the cost for the action and the cost to develop plans, asking for details on eligibility of using MSA funds. Mr. Kielb stated that you could perhaps go out for quotes with that cost rather than going through the bidding process. Councilor Mazzitello asked and received confirmation that the full plans and specifications cost included the settlement mitigation as well. He believed with the smaller project, they could solicit quotes, which would also reduce the cost of the plan development. Councilor Paper asked the distance of the taper. Mr. Evans commented that they would work close to make that in the yards length and stated that he would recommend someone be onsite to observe the work. Mayor Levine invited residents to provide input. Tom Hastings, 776 Marie Avenue, and Kevin Manley, 766 Marie Avenue, stated that they have had conversations with staff and agree that the money does not need to be spent on the issue of settlement, with the exception of some remediation behind the curb at 766. Mr. Hastings stated that perhaps some money could be saved by not milling the parking lanes and only completing that on the driving lanes. He stated that they would like to reduce the noise and the joints but do not believe the settlement needs to be addressed. Mr. Manley also agreed with the milling and work for the expansion joints, and also agrees that the void does not need to be filled. He stated that perhaps the vertical sheeting could be done on the 140 feet of his property, but also believed that he, Mr. Hastings and public works could work together to mitigate the settlement issue. Mr. Kielb explained the reasons why they would not want to mill only the driving aisles. He stated that they could attempt to do that with a feathered edge, if that is desired. Mayor Levine commented that she believed that will cause an issue with drainage and ice pooling into the driving aisles and would not be comfortable with that method. Page 6 of 79 April 2, 2024 Mendota Heights City Council Page 7 of 9 Assistant City Engineer, Lucas Ritchie, agreed that the intent on roadways is to push the drainage towards the curb and gutters, whereas that action would direct water towards the center of the bridge. Councilor Mazzitello agreed that the stormwater drainage and snowmelt is desired along the gutter lane, rather than the driving lane. Mr. Kielb provided details on the recommended length of sheeting in order to anchor the material, cover the void, and cover the bridge deck. He commented that the water is coming down, hitting the curb, and going straight down which further exacerbates the issue of erosion. He stated that the intent would be to direct that water into the gutter line. Councilor Mazzitello was confident that the public works staff could address the issue of the void. Councilor Lorberbaum noted that this issue came forward because two residents brought this matter forward at a Coffee with Council event. Mayor Levine confirmed the consensus of the Council to direct staff to mitigate the noise with the plans developed by Bolton & Menk to include the retining and feathering of the expansion joints. Staff should continue to monitor the erosion under the bridge and attempt to mitigate that in-house and work with neighboring residents. Councilor Paper asked that the item return on the Consent Agenda when approval is needed for the bid. B)LIVING STREETS POLICY Assistant City Engineer Lucas Ritchie provided a brief background on this item. The Council was being asked to consider adoption of the Living Streets Policy as described for implementation on all future transportation projects. Councilor Mazzitello asked if the policy would apply to all projects in the city, both public and private, and whether this would also apply to City, County, and State projects. Assistant City Engineer, Lucas Ritchie, confirmed that would be correct noting that the State and County have already adopted a similar policy. Councilor Mazzitello asked if MnDOT were to present a Dodd Road project, whether that would then fall under the Living Streets Policy and the desired trail could be provided. Assistant City Engineer, Lucas Ritchie, confirmed that could happen. Councilor Mazzitello asked the role that public engagement and neighborhood choice would play in this policy. Assistant City Engineer, Lucas Ritchie, replied that the policy has language which requires public engagement and provided additional details on that process. He stated that the resident feedback would Page 7 of 79 April 2, 2024 Mendota Heights City Council Page 8 of 9 then be used to determine needs for a trail and if a trail were not desired, and ultimately not included, notification would be provided to the residents within the project area. Councilor Mazzitello asked if the policy would address right-of-way acquisition that may be necessary if a living street section could not fit within the existing right-of-way. Assistant City Engineer, Lucas Ritchie, replied that there is language included to address that. He stated that it is not the intent of the City to take property to implement this policy. Councilor Paper commented that it was great to see a resident’s name come up again with this issue who has continued to advocate for the community, had service on City commissions, and with their knowledge of MnDOT. Mayor Levine recognized the efforts of the commissions that reviewed this policy prior to the City Council. She recognized that traffic calming is a key element of this policy along with rain gardens. She noted that the City has already been doing many of these things, but this formalizes those efforts into a policy. Councilor Mazzitello moved to adopt THE LIVING STREETS POLICY. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Paper thanked the students for their presentation tonight, noting that it is a terrific initiative. He reminded residents of the Scott Patrick Memorial 5k which will take place on June 1st, with registration open on the website. Councilor Lorberbaum encouraged residents to go to the City website to complete the communications survey, which is available until April 5th. She also reminded residents of Fresh Air Fridays, which is a citizen led initiative for residents to make intentional choices to reduce pollution on Fridays. She stated that residents can sign the pledge on the City website for that initiative. Councilor Mazzitello commented that tonight was a great example of how the City and Council works for the public, noting the Just Deeds presentation and the infrastructure issue which was also brought forward by residents. He stated that ten years ago yesterday he retired from the Air Force after 22 years of service. He recognized the issue that exists for veterans noting that from 2002 to 2022, there were 1,200,000 veterans created and over 800,000 of those were exposed to toxic chemicals. He stated that in August of 2022, the government authorized the VA to compensate those that were exposed to those chemicals, but noted that the process has been slow in that only 16 percent of claims have been approved thus far. He Page 8 of 79 April 2, 2024 Mendota Heights City Council Page 9 of 9 urged everyone to contact their congressional representatives to determine what could be done to serve those veterans. Mayor Levine thanked Councilor Mazzitello for his service. She reminded residents that within the Consent Agenda, the Council approved the Arbor Day Proclamation for April 26, 2024. She stated that the City will be holding a week of events to celebrate the environment and plant trees, noting that more information can be found on the City website. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 8:33 p.m. ____________________________________ Stephanie B. Levine Mayor ATTEST: _______________________________ Nancy Bauer City Clerk Page 9 of 79 Page 10 of 79 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: April 16, 2024 AGENDA ITEM: Update to the Capital Asset Policy ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Administration CONTACT: Kristen Schabacker, Finance Director ACTION REQUEST: Approve Resolution 2024-15 Adopting an Updated Capital Asset Policy. BACKGROUND: The City’s Capital Asset Policy was adopted in 2004 and last updated in 2011. The proposed update to the policy raises the threshold for capitalization from $5,000 to $25,000. This new threshold applies to purchases made after January 1, 2023, and those made going forward. Any assets that were purchased prior to January 1, 2023, and capitalized under the old threshold will remain capital assets. This number has not been changed since the policy was adopted and staff is recommending the increased threshold of $25,000. This is the only change to the policy. FISCAL AND RESOURCE IMPACT: None ATTACHMENTS: Resolution 2024-15 Capital Asset Policy CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government 6bPage 11 of 79 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-15 A RESOLUTION ADOPTING AN UPDATED CAPITAL ASSET POLICY WHEREAS, the city adopted a capital asset policy in December of 2004 and it was updated in June 2011; and WHEREAS, the capital asset policy has been updated in April 2024; and WHEREAS, the revised policy raises the threshold for capitalization from $5,000 to $25,000 for purchases made after January 1, 2023. NOW, THEREFORE, BE IT RESOLVED, that the Mendota Heights City Council adopts the attached Capital Asset Policy retroactively to January 1, 2023. Adopted by the City Council of the City of Mendota Heights this 16th day of April 2024. CITY COUNCIL CITY OF MENDOTA HEIGHTS ___________________________ Stephanie B. Levine, Mayor ATTEST: ___________________________ Nancy Bauer, City Clerk Page 12 of 79 Capital Asset Policy Effective 1/1/2023 Purpose It is the City’s responsibility to maintain adequate control over all capital assets. The following procedures and guidelines are to account for a standard system of control for all capital assets owned by the City of Mendota Heights. This is in compliance with GASB 34 requirements. Capital Assets Definition Capital assets include land, land improvements, buildings, building improvements, construction in progress, machinery and equipment, vehicles, infrastructure, easements, and works of art and historical treasures. A capital asset is to be reported and depreciated in government-wide financial statements. In the government-wide financial statements, assets that are not capitalized are expended in the year of acquisition. Infrastructure assets are long-lived capital assets that normally can be preserved for a significantly greater number of years than most capital assets. These assets are normally stationary in nature. Examples include roads, bridges, sidewalks, tunnels, drainage systems, water systems, and sanitary sewer systems. Infrastructure assets do not include buildings, driveways, parking lots or any other examples given above that are incidental to the property or access to the property. Capital Asset Recording Land is to be capitalized but not depreciated. It is recorded at historical cost and remains at that cost until disposal. All costs for legal services incidental to the acquisition and other charges in preparing the land for use shall be included in the cost. If there is a gain or loss on the sale of the land, it is reported as a special item in the statement of activities. Land improvements include items such as excavation, non-infrastructure utility installation, driveways, sidewalks, parking lots, flagpoles, retaining walls, fencing, signs, outdoor lighting, and other non-building improvements intended to make the land ready for its intended purpose. Land improvements can be further categorized as non-exhaustible and exhaustible. Non-Exhaustible Expenditures for improvements that do not require maintenance or replacement, expenditures to bring land into condition to commence erection of structures, expenditures for improvements not identified with structures, and expenditures for land improvements that do not deteriorate with use or passage of time are additions to the cost of land and are generally not exhaustible and therefore not depreciable. Page 13 of 79 Exhaustible Other improvements that are part of the site, such as parking lots, landscaping and fencing, are usually exhaustible and are depreciable. Depreciation of site improvements is necessary if the improvement is exhaustible. Intangible assets are those assets that have the following characteristics. The asset lacks a physical substance. It is nonfinancial in nature. The asset has a useful life that extends beyond a single reporting period. Easements and computer software are examples of an intangible asset. Buildings should be recorded at either their acquisition cost or construction cost. The cost of new construction should be carefully evaluated because projects usually consist of major components such as land, land improvements, building construction (including professional fees and permits), furniture, fixtures and equipment. In addition, buildings include components (e.g., roof, air conditioner systems, etc.) that should be recorded separately when significant because these building components have different useful lives. The value of each component needs to be determined and placed within its own category. Building improvements that extend the useful life should be capitalized. Examples of building improvements include roofing projects, remodeling or replacing major building components. Construction in progress should be capitalized and not depreciated. It should be reported with land and other non-depreciating assets at the government-wide level. Unspent debt proceeds from capital asset related debt are reported in the net assets section of the statement of net assets as “restricted for capital projects”. Machinery and equipment (that meet threshold levels) should be capitalized and inventoried. These items are described as tangible property not permanently affixed to real property, which are needed in carrying out the operations of the City. Installation cost should be included in the capitalized amount. Some assets, individually, may fall below the capitalization threshold but may be purchased in large quantities by the City e.g. computers, books. City staff should aggregate such assets and consider the materiality and significance of them and if material or significant capitalize such items either individually or in the aggregate. Vehicles are described as all equipment that must be titled by the Minnesota Division of Motor Vehicles and bear a license tag. Cars, trucks and trailers are examples. Vehicles should be identified, inventoried and depreciated. An easement is an interest in land owned by another that entitles its holder to a specific limited use of the land. Page 14 of 79 Works of art and historical treasures should be recorded at historical costs. Depreciation is not required for collections or works of art that are inexhaustible. Capitalization Threshold An asset must have an estimated useful life of greater than one year to be considered for capitalization and depreciation. The cost must also be greater than $25,000 per individual asset item. This updated threshold amount is effective January 1, 2023, and for future purchases. This threshold does not apply to assets previously capitalized with the $5,000 threshold. Valuation Capital assets should be accounted for at original cost, or if the cost is not practicably determinable, at an estimated cost. Donated capital assets should be recorded at their estimated fair market value at the time received. The cost of a capital asset is the purchase price plus any other charges necessary to place the asset in its intended location and condition for use. These types of costs include sales tax, freight and transportation charges, site preparation, installation costs, professional fees and legal claims directly attributable to the asset acquisition. Depreciation Depreciation is the process of allocating the cost of tangible property over a period of time rather than deducting the cost as an expense in the year of acquisition. It is the City’s policy to use the straight-line depreciation method. The basis of the asset is written off evenly over the estimated useful life of the asset. The same amount of depreciation is taken each year. In general, the amount of annual depreciation is determined by dividing an asset’s depreciable cost by its estimated life. To avoid the complications of depreciating each asset from the specific year in which it is placed in service, the City will utilize a full-year convention. Under this convention, a full year of depreciation will be taken for the year of acquisition and no depreciation will be taken in the year of disposition. Page 15 of 79 Establishing Classes of Assets The City establishes the following major categories of capital assets: Land Land Improvements – Improvements other than buildings Intangible Assets Buildings and Building Improvements Construction in Progress Vehicles Machinery and Equipment Infrastructure Estimated Useful Lives The table below is to be used as a guide to determine the useful life of various assets. This is the basis for calculating depreciation and estimating replacements. This table is a guide and depending on managerial determination, can vary. Land is not depreciable and therefore, no estimated useful life is made. Assets Useful Lives Building and Structures 15-100 years Land Rights 5-25 years Computer Software 5 years Machinery, Equipment, & Furnishings 5-25 years Other Improvements 10-40 years Fleet (vehicles) 3-25 years Water Lines 100 years Sewer Lines 100 years Stormwater 100 years Street Lights 30 years Sidewalks and Curbs 70 years Streets 30 years Page 16 of 79 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: April 16, 2024 AGENDA ITEM: Lease & Subscription Based Information Technology Arrangement (SBITA) Policy ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Administration CONTACT: Kristen Schabacker, Finance Director ACTION REQUEST: Approve Resolution 2024-16 Adopting a Lease and Subscription Based Information Technology Arrangement Policy. BACKGROUND: (GASB = Government Accounting Standards Board) GASB 87 – Leases and GASB 96 – Subscription Based Information Technology Arrangements (SBITA) requires specific accounting and financial reporting. The city’s auditor has recommended the adoption of a Lease and SBITA policy to address the reporting requirements of these two standards. This policy outlines the accounting process for leases and subscription-based information technology arrangements. In adopting this policy, it provides staff with the guidelines to comply with the reporting requirements. FISCAL AND RESOURCE IMPACT: None ATTACHMENTS: Resolution 2024-16 Lease & SBITA Policy CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government 6cPage 17 of 79 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-16 A RESOLUTION ADOPTING A LEASE & SUBSCRIPTION BASED INFORMATION TECHNOLOGY ARRANGEMENT POLICY WHEREAS, GASB 87 – Leases and GASB 96 – Subscription Based Information Technology Arrangements (SBITA) requires specific accounting reporting; and WHEREAS, the City created a Lease & SBITA Accounting Policy to address the GASB reporting standards. NOW, THEREFORE, BE IT RESOLVED, that the Mendota Heights City Council adopts the attached Lease & SBITA policy retroactively to December 31, 2023. Adopted by the City Council of the City of Mendota Heights this 16th day of April 2024. CITY COUNCIL CITY OF MENDOTA HEIGHTS ___________________________ Stephanie B. Levine, Mayor ATTEST: ___________________________ Nancy Bauer, City Clerk Page 18 of 79 Lease & SBITA Accounting Policy Effective 1/1/2023 Purpose This policy outlines the accounting process for leases and subscription-based technology arrangements (SBITAs) entered into by the City of Mendota Heights pursuant to GASB 87 effective 1/1/2022 and GASB 96 effective 1/1/2023. Statement Finance will review and evaluate all leases and SBITAs to ensure compliance with GASB 87 and GASB 96. A materiality threshold of $25,000 has been established for implementation. Any lease or SBITA under the materiality threshold will be excluded from this policy. In addition, short-term leases, leases that transfer ownership of the asset, and short-term SBITAs are excluded. Lessor The City will recognize a lease receivable and deferred inflow of resources measured at the present value of payments expected to be received during the lease term discounted at the prior year average prime lending rate. Any payments received at or before commencement relating to future periods will be added to the lease receivable to calculate the deferred inflow of resources. The City will also recognize interest revenue and an inflow of resources amortized using the straight line-method over the lease term. Lessee The City will recognize a right to use lease asset and lease liability measured at the present value of payments expected to be made during the lease term discounted at the prior year average prime lending rate. Lease payments made to the lessor at or before the beginning of the lease term and any direct costs to place the asset into service will be added to calculate the right to use lease asset. Lease incentives received from the lessor will be deducted from the right to use lease asset. The right to use lease asset will be amortized over the shorter of the useful life or the lease term using the straight-line method. The City will recognize a right to use a SBITA asset measured at the present value of subscription payments expected to be made during the subscription term plus payments made to the vendor before the commencement of the subscription term and any capitalizable implementation costs less any incentives received from the vendor. A subscription liability will be measured at the present value of the payments expected to be received during the term. The right to use a SBITA asset will be amortized over the shorter of the useful life or SBITA term using the straight-line method. Page 19 of 79 SBITA activities may be grouped into three categories. 1.Preliminary Project Stage – conceptual framework, evaluation of vendors, and final selection. Payments are expensed. 2.Initial Implementation Stage – design, configuration, coding, testing, data conversion if the asset can’t be used without data conversion, charges necessary to place the asset into service. Payments are capitalized and included in the SBITA asset. 3.Operation and Additional Implementation Stage – maintenance, troubleshooting, adding modules, data conversion not necessary to place the asset into service. Payments will be expensed unless additional modifications result in increased functionality, the ability to perform additional tasks, or increased efficiency. These payments would be capitalized and added to the asset value. Training costs associated with the SBITA will be expensed regardless of the stage incurred. Lease Modification The City will reassess the lease or SBITA term and calculations annually using professional judgement. Remeasurement will occur if: •The lessee or lessor exercises an option previously determined to not exercise •The lessee or lessor does not exercise an option previously determined to exercise •An event in the lease requiring an extension or termination takes place Definitions Lease – A contract that conveys control of the right to use another entity’s nonfinancial asset (property, plant or equipment) for a period of time an exchange or exchange like transaction SBITA – A contract that conveys control of the right to use another party’s IT software, alone or in combination with tangible capital assets, for a period of time in an exchange or exchange like transaction Control – The right to obtain the present service capacity from use of the asset and the right to determine the nature and manner of use of the asset Short term lease/SBITA – A maximum possible term of 12 months or less, including any options to extend. Payments should be recognized as outflows of resources or inflows of resources based on the provisions of the contract Prime lending rate – Interest rate used by banks to lend to customers with good credit Page 20 of 79 Lease/SBITA term – The period during which a lessee has a noncancelable right to use an asset plus: •Periods covered by a lessee’s option to extend the lease or SBITA if it is reasonably certain the lessee will exercise the option •Periods covered by a lessee’s option to terminate the lease or SBITA if it is reasonably certain the lessee will not exercise the option •Periods covered by a lessor’s option to extend the lease if it is reasonably certain the lessor will exercise the option •Periods covered by a lessor’s option to terminate the lease if it is reasonably certain the lessor will not exercise the option •Cancelable periods for which both lessee and lessor have an option to terminate without permission or if both parties must agree to extend are excluded Adopted: 04/2024 Page 21 of 79 Page 22 of 79 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: April 16, 2024 AGENDA ITEM: Renewal of Workers Comp Insurance Policy 5/1/2024-5/1/2025 ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Administration CONTACT: Kristen Schabacker, Finance Director ACTION REQUEST: Authorize renewal of Workers Comp Policy for the one-year period to begin on May 1, 2024 with the regular premium option. BACKGROUND: On May 1, 2024, the City’s Workers Comp Insurance Policy renews. The premium for 5/1/24-5/1/25 is $317,288 after adjustments for the commission. This represents an 18.12% decrease from last year’s premium of $387,490. Below are the number of claims and the cost of those claims for the last five renewal periods: •19/20 14 claims $ 75,452.19 •20/21 16 claims $ 425,302.54 •21/22 13 claims $ 0.00 •22/23 13 claims $ 3,483.18 •23/24 6 claims $ 37,178.38 The City’s Workers Comp Policy includes a volunteer policy. This provides limited “no-fault” benefits for volunteers injured while working for the City (the firefighters and police reserves are covered under the City’s Workers comp plan and not this volunteer plan). Volunteers receive limited death, disability and impairment benefits. This policy would be covering people volunteering at events such as parks celebration, fishing derby, etc. The City has the option to pay a fixed premium or deductible premium option. The City has selected the regular premium option in the past. There is an option of choosing a deductible per claim plan. This reduces the amount of premium paid up front, but has the potential to have a greater cost depending on the number of claims that the City experiences during the insurance policy period. 6dPage 23 of 79 FISCAL AND RESOURCE IMPACT: There are sufficient funds included in the 2024 Budget to cover the cost of this policy. ATTACHMENTS: None CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government Page 24 of 79 _____________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: April 16, 2024 AGENDA ITEM: Polling Places for 2024 Elections ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Administration CONTACT: Nancy Bauer, City Clerk ACTION REQUEST: Approve Resolution 2024-14 Designating Polling Locations including the move of Precinct 4 to Friendly Hills Middle School from St. Thomas Academy. BACKGROUND: St. Thomas Academy had been a precinct polling place for precinct 4 in Mendota Heights since at least 2012. The school will be doing a remodeling project this spring and informed the city they would not be able to serve as a precinct polling place for the 2024 elections and going forward. Because St. Thomas Academy will no longer serve as a polling place, it is necessary to find and designate a different precinct polling place for precinct 4. Staff has reached out to Visitation School and Mendota Heights United Church of Christ and both declined to be a precinct polling place. Staff is recommending that Friendly Hills Middle School serve as a precinct polling place for precinct 4 and 5. The main gym would be divided into two separate areas and each half of the gym would serve as a separate precinct polling place for residents. Dakota County would be notified of the precinct polling change and would send out notices to registered voters. City staff would do media notifications (Facebook, city website, and Mendota Heights Highlights) to inform Mendota Heights residents of the polling place change. FISCAL AND RESOURCE IMPACT: N/A ATTACHMENTS: Resolution 2024-14 Resolution Designating Polling Locations 6ePage 25 of 79 CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship☒Premier Public Services & Infrastructure ☒Inclusive and Responsive Government Page 26 of 79 CITY OF MENDOTA HEIGHTS Dakota County, Minnesota RESOLUTION NO. 2024-14 RESOLUTION DESIGNATING POLLING LOCATIONS WHEREAS, Precinct Polling Place 4 (St. Thomas Academy) will be doing remodeling of their building this year; and WHEREAS, the designated Precinct Polling 4, 949 Mendota Heights Road, will no longer available for election use in the 2024 or future elections; and WHEREAS, State Statutes require that changing Polling places must be made by City Council Resolution; and WHEREAS, designated polling Precinct No. 5 could serve as a Precinct Polling place for Polling Precincts 4 and 5; and WHEREAS, changes to the polling place locations may be made in the case of an emergency when it is necessary to ensure a safe and secure location for voting. NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that the polling locations for voting precincts be designated as follows: Precinct No. 1 Somerset Elementary School - 1355 Dodd Road Precinct No. 2 Two Rivers High School – 1897 Delaware Avenue Precinct No. 3 Holy Family Catholic Church – 1960 Lexington Avenue Precinct No. 4 Friendly Hills Middle School – 701 Mendota Heights Road Precinct No. 5 Friendly Hills Middle School – 701 Mendota Heights Road AND BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized to designate a replacement Precinct Polling location meeting the requirements of any polling location designated in this Resolution, if a site becomes unavailable for use by the City; and AND BE IT FURTHER RESOLVED, that the City Clerk is directed to send a copy of this resolution and any subsequent polling place designations to the Dakota Council Elections Office. Page 27 of 79 Adopted by the City Council of the City of Mendota Heights this 16th day of April 2024. CITY COUNCIL CITY OF MENDOTA HEIGHTS ______________________________________ Stephanie B. Levine, Mayor ATTEST: _________________________ Nancy Bauer, City Clerk Page 28 of 79 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: April 16, 2024 AGENDA ITEM: Auction of Surplus Public Works Items ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Public Works CONTACT: John Boland, Public Works Superintendent ACTION REQUEST: Approve Resolution 2024-13, authorizing staff to dispose of surplus items through public auction. BACKGROUND: With the purchase of new equipment at Public Works, there are items that were not involved in a trade-in that staff would like to deem surplus items and sell them at auction. Included in this list are: •2000 Landa PHWS Pressure Washer •2014 & 2015 Fischer XV2 Snowplows •2013 & 2015 Blizzard Power Plow 8611 Snowplows •1985 Ammo Brake Lathe •24’ Extension Ladder •40’ Extension Ladder Items will be publicly auctioned through the State of Minnesota online auction site. FISCAL AND RESOURCE IMPACT: All proceeds from the auction will be deposited in the City’s General Fund. ATTACHMENTS: Resolution 2024-13 CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government 6fPage 29 of 79 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-13 A RESOLUTION APPROVING AUCTION OF SURPLUS ITEMS WHEREAS, the City of Mendota Heights desires to follow the requirements in State Law for the appropriate disposition of unused or unneeded property; and WHEREAS, the Public Works Superintendent recommends the following pieces of equipment, which are currently owned by the City, be considered surplus property: •2000 Landa PHWS Pressure Washer •2014 & 2015 Fischer XV2 Snow Plows •2013 & 2015 Blizzard Power Plow 8611 Snow Plows •1985 Ammo Brake Lathe •24' Extension Ladder •40' Extension Ladder ; and WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter and declares the listed pieces of equipment to be surplus, and of no further need or value to the City; and WHEREAS, whichever of the equipment has a market value shall be listed for sale, and offers sought through public sale using the State of Minnesota online auction site, and that which has no value may be otherwise properly disposed. NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that it hereby authorizes the Public Works Department to dispose of surplus items through public auction as authorized by law. Adopted by the Mendota Heights City Council this sixteenth day of April, 2024. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST: Stephanie B. Levine, Mayor Nancy Bauer, City Clerk Page 30 of 79 _________________________________________________ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: April 16, 2024 AGENDA ITEM: Out of Metro Travel Request -Fire Marshal ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Administration CONTACT: Cheryl Jacobson, City Administrator ACTION REQUEST: Approve a request for out of metro travel for Fire Marshal Joe King to attend Minnesota State Fire Code Academy I training. BACKGROUND: The course provides training for fire code officials following standards in NFPA* 1031-Standard for Professional Qualifications for Fire Inspector and Plan Examiner. The training is being provided by the Minnesota Department of Public Safety’s Minnesota State Fire Marshal division. The training is being held at Camp Ripley, July 15-July 19. (*National Fire Protection Association) FISCAL AND RESOURCE IMPACT: There is no registration fee for the course. Estimated lodging, meals and incidental costs are $400. Training funds are available in the Fire Department budget. ATTACHMENTS: None CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☐Inclusive & Responsive Government 6gPage 31 of 79 Page 32 of 79 _________________________________________________ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: April 16, 2024 AGENDA ITEM: Out of Metro Travel Request -City Administrator and Assistant City Administrator ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Administration CONTACT: Kelly Torkelson, Assistant City Administrator ACTION REQUEST: Approve a request for out of metro travel for Assistant City Administrator Kelly Torkelson and City Administrator Cheryl Jacobson to attend the League of Minnesota Cities Conference in Rochester, MN June 26-28. BACKGROUND: The League of Minnesota Cities Conference is an annual conference focused on sharing resources and learning opportunities for cities. Programming includes themes ranging across public administration disciplines. FISCAL AND RESOURCE IMPACT: Registration for the conference will be $550 as both the City Administrator and Assistant City Administrator will be first time attendees and will receive a discounted registration rate. In addition, there is a $26 per diem for dinner for the first night of the conference. The remaining meals are provided through conference registration. The total cost for both the City Administrator and the Assistant City Administrator to attend the conference will be $576. Funds are available in the Administration budget. ATTACHMENTS: None. CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship 6hPage 33 of 79 ☒Premier Public Services & Infrastructure ☐Inclusive & Responsive Government Page 34 of 79 _________________________________________________ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: April 16, 2024 AGENDA ITEM: Out of Metro Travel Request - Administrative Coordinator/ Deputy City Clerk ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Public Works CONTACT: Kelly Torkelson, Assistant City Administrator ACTION REQUEST: Approve a request for out of metro travel for Sheila Robertson, Administrative Coordinator/Deputy City Clerk, to attend the Municipal Clerks Institute in St. Cloud May 6-10. BACKGROUND: The 2024 Municipal Clerks Institute is for attaining the Municipal Clerks Degree and is a job requirement for the Administrative Coordinator/Deputy City Clerk. This program builds clerk competencies and builds our staff employee bench of knowledge. The conference provides professional development in the areas of public administration, social and interpersonal skills, and special topics central to emerging issues. There are lectures, discussions, and hands on trainings in addition to valuable networking opportunities. FISCAL AND RESOURCE IMPACT: Registration for the conference is $560. The cost of hotel will be $556 for a four-night stay. Dinner is not included in registration and thus costs will also include $104 total for per diem for meals. In total the cost of the conference will be $1,220. ATTACHMENTS: None. CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☐Inclusive & Responsive Government 6iPage 35 of 79 Page 36 of 79 _________________________________________________ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: April 16, 2024 AGENDA ITEM: Police Officer Resignation and Authorize Posting ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Administration CONTACT: Kelly Torkelson, Assistant City Administrator ACTION REQUEST: Accept the resignation of Police Officer Weston Raberge and authorize staff to begin the recruitment process to fill the vacant position. BACKGROUND: Police Officer Weston Raberge submitted a letter of resignation effective May 28, 2024. With Officer Raberge’s resignation, the city will be looking to fill the vacant police officer position. FISCAL AND RESOURCE IMPACT: The vacant police officer position is a budged position. Given the competitive job market, staff is requesting that the hiring salary be posted with the full range plus benefits with the intent to hire between the year-one through year-three range of $77,002-$102,876 annually plus benefits. Actual hiring salary will be determined on the selected candidates’ qualifications and experience. ATTACHMENTS: None. CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☐Inclusive & Responsive Government 6jPage 37 of 79 Page 38 of 79 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: April 16, 2024 AGENDA ITEM: Resolution 2024-17 Accept Bids and Award Contract for the Emerson Avenue Street Improvements ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Engineering CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: Adopt Resolution 2024-17 accepting bids and awarding contract for the Emerson Avenue Street Improvements project BACKGROUND: Council ordered the Emerson Avenue Street Improvements in adopting Resolution 2023-99 at their December 19, 2023, meeting, and directed staff to prepare plans and specifications for this street reconstruction project. The plans were approved and authorized to bid at the March 19, 2024 meeting. Six (6) bids, detailed below, were received in the Mendota Heights Council Chambers on Wednesday, April 10, 2024, at 10:00 a.m. for the Emerson Avenue Street Improvements: NAME OF BIDDER AMOUNT OF BID Ryan Contracting Co $4,199,549.00 Bituminous Roadways, Inc. $4,207,380.71 Northdale Construction Company, Inc. $4,407,821.58 Park Construction Company $4,526,350.03 S.M. Hentges & Sons, Inc.$4,598,000.00 Northwest Total Site $4,618,218.04 6kPage 39 of 79 Ryan Contracting Co submitted the lowest responsible bid of $4,199,549.00. Their bid was less than the Engineer's Estimate of $5,155,054.32. Ryan Contracting Co is a contractor with many years of experience with an office in Elko New Market, Minnesota. Staff recommends them for this contract. The substantial completion date for the project is October 20, 2024. Staff expect Ryan Contracting Co, serving in the capacity of General Contractor, is capable of meeting the completion dates and installing the proposed improvements in accordance with the plans and specifications given their experience and the amount of equipment and manpower they have at their disposal. FISCAL AND RESOURCE IMPACT: The Emerson Avenue Street Improvements are proposed to be financed by Special Assessments, Municipal Bonds, Saint Paul Regional Water Services Funds, Park Funds, and Utility Funds. The project costs are further expanded to include indirect costs for administration, engineering, finance, legal, etc.: Project Total Total Estimated Costs Street Improvements $ 1,525,486 Indirect Costs for Street Improvements (20%)* $ 305,097 Total Costs for Street Improvements $ 1,830,583 Private Parking Bays $ 44,102 Total Costs for Private Parking Bays $ 44,102 Park Improvements $ 74,147 Indirect Costs Park Improvements (20%)* $ 14,829 Total Costs for Park Improvements $ 88,976 Storm Sewer Improvements $ 248,720 Water Improvements $ 2,000 Sanitary Improvements $ 49,200 Total Cost for Utility Improvements $ 299,920 Saint Paul Regional Water Service Watermain Replacement $ 2,255,924 Indirect Costs for SPRWS (15%) $ 338,389 Total Cost for SPRWS Improvements $ 2,594,312 Total Improvement Cost $ 4,199,579 Total Indirect Costs for City* $ 658,315 Total Cost $ 4,857,894 Rounded Total Cost $ 4,857,900 Page 40 of 79 Funding Source Project Total Municipal Levy $ 915,292 City Assessment (Municipal Levy) $ 29,800 Total Municipal Levy $ 945,092 Residential Assessments (50%) $ 885,491 Private Parking Bay Assessments $ 44,102 Park Fund $ 88,976 Utility Fund - Storm Sewer $ 248,720 Utility Fund - Sanitary $ 49,200 Utility Fund - Water $ 2,000 Saint Paul Regional Water Services $ 2,594,312 Total $ 4,857,894 ATTACHMENTS: Resolution 2024-17 Emerson Avenue Bid Abstract TKDA Recommendation CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government Page 41 of 79 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-17 A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE EMERSON AVENUE STREET IMPROVEMENTS PROJECT (PROJECT #202306) WHEREAS, pursuant to an advertisement for bids for the proposed construction of bituminous pavement reclamation, aggregate base, concrete curb and gutter, concrete curb and gutter repair, catch basin repair, bituminous surfacing, storm sewer, ADA improvements, water main replacement, and appurtenant work of rehabilitating Emerson Avenue, Ivy Falls Court, Ivy Hill Drive, Laura Court, Laura Street, Maple Park Drive, Sylvandale Court, Sylvandale Court South, and Sylvandale Road, 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 Ryan Contracting Co $4,199,549.00 Bituminous Roadways, Inc. $4,207,380.71 Northdale Construction Company, Inc. $4,407,821.58 Park Construction Company $4,526,350.03 S.M. Hentges & Sons, Inc.$4,598,000.00 Northwest Total Site $4,618,218.04 ;and WHEREAS, the Public Works Director recommended that the lowest responsible bid submitted by Ryan Contracting Co of Elko New Market, Minnesota, be accepted. NOW, THEREFORE, BE IT RESOLVED, by the Mendota Heights City Council as follows: 1.That the bids for Emerson Avenue Street Improvements project are hereby received and accepted. 2.That the bid of Ryan Contracting Co of Elko New Market, Minnesota, submitted for the construction of the above described improvements be and the same is hereby accepted. Page 42 of 79 3.That the contract be awarded to Ryan Contracting Co of Elko New Market,Minnesota, and that the Mayor and Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary toconsummate the awarding of said bids. Adopted by the City Council of the City of Mendota Heights this sixteenth day of April, 2024. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor ATTEST: _________________________ Nancy Bauer, City Clerk Page 43 of 79 EMERSON AVENUE STREET IMPROVEMENTSCITY OF MENDOTA HTS, MINNESOTACITY PROJECT NO. 202306TKDA PROJECT NO. 20210.00BIDS OPENED: APRIL 10, 2024 AT 10:00 AM*DENOTES ERROR IN BIDDER CALCULATIONITEMUNITTOTALUNITTOTALUNITTOTALUNITTOTALUNITTOTALUNITTOTALUNITTOTALNO.DESCRIPTIONQUANTITYUNITPRICEAMOUNTPRICEAMOUNTPRICEAMOUNTPRICEAMOUNTPRICEAMOUNTPRICEAMOUNTPRICEAMOUNT1 MOBILIZATION1 LUMP SUM 196,473.00$ 196,473.00$ 165,000.00$ 165,000.00$ 150,000.00$ 150,000.00$ 122,650.00$ 122,650.00$ 181,000.00$ 181,000.00$ 107,964.85$ 107,964.85$ 181,316.00$ 181,316.00$ 2CLEARING17 EACH700.00$ 11,900.00$ 1,000.00$ 17,000.00$ 680.00$ 11,560.00$ 703.50$ 11,959.50$ 670.00$ 11,390.00$ 1,300.00$ 22,100.00$ 705.00$ 11,985.00$ 3GRUBBING17 EACH500.00$ 8,500.00$ 300.00$ 5,100.00$ 103.00$ 1,751.00$ 105.00$ 1,785.00$ 100.00$ 1,700.00$ 525.00$ 8,925.00$ 110.00$ 1,870.00$ 4REMOVE CASTING20 EACH210.00$ 4,200.00$ 100.00$ 2,000.00$ 170.00$ 3,400.00$ 150.00$ 3,000.00$ 89.40$ 1,788.00$ 100.00$ 2,000.00$ 125.00$ 2,500.00$ 5REMOVE GATE VALVE & BOX24 EACH500.00$ 12,000.00$ 500.00$ 12,000.00$ 130.00$ 3,120.00$ 150.00$ 3,600.00$ 242.00$ 5,808.00$ 250.00$ 6,000.00$ 78.00$ 1,872.00$ 6REMOVE HYDRANT17 EACH500.00$ 8,500.00$ 750.00$ 12,750.00$ 139.00$ 2,363.00$ 500.00$ 8,500.00$ 966.00$ 16,422.00$ 400.00$ 6,800.00$ 152.00$ 2,584.00$ 7REMOVE DRAINAGE STRUCTURE16 EACH500.00$ 8,000.00$ 850.00$ 13,600.00$ 239.00$ 3,824.00$ 812.50$ 13,000.00$ 633.00$ 10,128.00$ 300.00$ 4,800.00$ 660.00$ 10,560.00$ 8REMOVE SIGN TYPE C20 EACH55.00$ 1,100.00$ 50.00$ 1,000.00$ 26.00$ 520.00$ 42.00$ 840.00$ 25.00$ 500.00$ 27.00$ 540.00$ 27.00$ 540.00$ 9REMOVE SIGN TYPE SPECIAL30 EACH66.00$ 1,980.00$ 50.00$ 1,500.00$ 26.00$ 780.00$ 42.00$ 1,260.00$ 25.00$ 750.00$ 27.00$ 810.00$ 27.00$ 810.00$ 10SAWING BITUMINOUS PAVEMENT (FULL DEPTH)1240 LIN FT3.00$ 3,720.00$ 6.00$ 7,440.00$ 2.75$ 3,410.00$ 2.00$ 2,480.00$ 1.90$ 2,356.00$ 2.20$ 2,728.00$ 3.95$ 4,898.00$ 11SAWING CONCRETE PAVEMENT (FULL DEPTH)20 LIN FT6.00$ 120.00$ 10.00$ 200.00$ 5.75$ 115.00$ 5.78$ 115.60$ 5.50$ 110.00$ 5.00$ 100.00$ 6.00$ 120.00$ 12REMOVE CURB & GUTTER10262 LIN FT10.00$ 102,620.00$ 4.00$ 41,048.00$ 7.00$ 71,834.00$ 4.00$ 41,048.00$ 3.30$ 33,864.60$ 2.30$ 23,602.60$ 9.36$ 96,052.32$ 13REMOVE SEWER PIPE (STORM)918 LIN FT10.00$ 9,180.00$ 12.00$ 11,016.00$ 9.00$ 8,262.00$ 15.00$ 13,770.00$ 21.60$ 19,828.80$ 15.00$ 13,770.00$ 13.88$ 12,741.84$ 14REMOVE FENCE161 LIN FT5.00$ 805.00$ 20.00$ 3,220.00$ 20.00$ 3,220.00$ 15.00$ 2,415.00$ 14.00$ 2,254.00$ 22.00$ 3,542.00$ 22.50$ 3,622.50$ 15REMOVE BITUMINOUS DRIVEWAY PAVEMENT2548 SQ YD7.00$ 17,836.00$ 8.00$ 20,384.00$ 10.00$ 25,480.00$ 7.50$ 19,110.00$ 10.00$ 25,480.00$ 3.00$ 7,644.00$ 3.55$ 9,045.40$ 16REMOVE CONCRETE WALK41 SQ YD10.00$ 410.00$ 10.00$ 410.00$ 11.00$ 451.00$ 10.00$ 410.00$ 19.60$ 803.60$ 7.00$ 287.00$ 21.64$ 887.24$ 17REMOVE CONCRETE DRIVEWAY PAVEMENT492 SQ YD13.50$ 6,642.00$ 10.00$ 4,920.00$ 15.00$ 7,380.00$ 10.00$ 4,920.00$ 11.50$ 5,658.00$ 7.00$ 3,444.00$ 12.32$ 6,061.44$ 18REMOVE CONCRETE STEPS2 CU YD1,500.00$ 3,000.00$ 500.00$ 1,000.00$ 180.00$ 360.00$ 150.00$ 300.00$ 129.00$ 258.00$ 50.00$ 100.00$ 350.00$ 700.00$ 19REMOVE BITUMINOUS WEDGE17622 LIN FT2.00$ 35,244.00$ 1.00$ 17,622.00$ 1.15$ 20,265.30$ 1.05$ 18,503.10$ 1.65$ 29,076.30$ 1.70$ 29,957.40$ 2.26$ 39,825.72$ 20REMOVE BITUMINOUS WALK24 SQ FT2.00$ 48.00$ 10.00$ 240.00$ 6.00$ 144.00$ 1.00$ 24.00$ 9.65$ 231.60$ 2.00$ 48.00$ 22.00$ 528.00$ 21SALVAGE MAIL BOX SUPPORT60 EACH100.00$ 6,000.00$ 100.00$ 6,000.00$ 125.00$ 7,500.00$ 78.75$ 4,725.00$ 75.00$ 4,500.00$ 200.00$ 12,000.00$ 79.00$ 4,740.00$ 22SALVAGE WOOD STEP12 SQ FT300.00$ 3,600.00$ 20.00$ 240.00$ 21.00$ 252.00$ 15.00$ 180.00$ 28.30$ 339.60$ 35.00$ 420.00$ 36.00$ 432.00$ 23SALVAGE BRICK PAVERS515 SQ FT8.00$ 4,120.00$ 20.00$ 10,300.00$ 10.50$ 5,407.50$ 5.00$ 2,575.00$ 8.50$ 4,377.50$ 8.00$ 4,120.00$ 13.20$ 6,798.00$ 24SALVAGE STONE PAVERS25 SQ FT10.00$ 250.00$ 20.00$ 500.00$ 10.50$ 262.50$ 5.00$ 125.00$ 13.60$ 340.00$ 16.00$ 400.00$ 24.62$ 615.50$ 25GEOTEXTILE FABRIC TYPE 52420 SQ YD2.00$ 4,840.00$ 1.00$ 2,420.00$ 1.20$ 2,904.00$ 3.46$ 8,373.20$ 4.95$ 11,979.00$ 1.60$ 3,872.00$ 1.30$ 3,146.00$ 26DEWATERING1 LUMP SUM 10,000.00$ 10,000.00$ 1.00$ 1.00$ 0.01$ 0.01$ 1.00$ 1.00$ 0.01$ 0.01$ 1.00$ 1.00$ 6,020.00$ 6,020.00$ 27CRUSHED ROCK (1" CLEAR)304 TON45.00$ 13,680.00$ 30.00$ 9,120.00$ 36.00$ 10,944.00$ 43.87$ 13,336.48$ 60.90$ 18,513.60$ 44.00$ 13,376.00$ 39.65$ 12,053.60$ 28CRUSHED ROCK (3" MINUS)273 TON45.00$ 12,285.00$ 30.00$ 8,190.00$ 30.00$ 8,190.00$ 30.79$ 8,405.67$ 52.40$ 14,305.20$ 30.00$ 8,190.00$ 42.50$ 11,602.50$ 29EXCAVATION - COMMON3584 CU YD20.00$ 71,680.00$ 20.00$ 71,680.00$ 30.00$ 107,520.00$ 28.85$ 103,398.40$ 11.10$ 39,782.40$ 36.70$ 131,532.80$ 34.88$ 125,009.92$ 30EXCAVATION - SUBGRADE10653 CU YD20.00$ 213,060.00$ 20.00$ 213,060.00$ 24.00$ 255,672.00$ 28.85$ 307,339.05$ 10.00$ 106,530.00$ 25.40$ 270,586.20$ 29.95$ 319,057.35$ 31TEST ROLLING91 ROAD STA150.00$ 13,650.00$ 50.00$ 4,550.00$ 70.00$ 6,370.00$ 200.00$ 18,200.00$ 91.40$ 8,317.40$ 130.00$ 11,830.00$ 12.00$ 1,092.00$ 32SUBGRADE PREPARATION91 ROAD STA500.00$ 45,500.00$ 1,000.00$ 91,000.00$ 500.00$ 45,500.00$ 250.00$ 22,750.00$ 233.00$ 21,203.00$ 720.00$ 65,520.00$ 376.00$ 34,216.00$ 33STREET SWEEPER (WITH PICKUP BROOM)132 HOUR200.00$ 26,400.00$ 150.00$ 19,800.00$ 100.00$ 13,200.00$ 152.25$ 20,097.00$ 210.00$ 27,720.00$ 175.00$ 23,100.00$ 175.00$ 23,100.00$ 341.5 CU YD BACKHOE27 HOUR250.00$ 6,750.00$ 150.00$ 4,050.00$ 319.00$ 8,613.00$ 250.00$ 6,750.00$ 287.00$ 7,749.00$ 210.00$ 5,670.00$ 286.00$ 7,722.00$ 35WATER106 M GALLON55.00$ 5,830.00$ 30.00$ 3,180.00$ 75.00$ 7,950.00$ 65.00$ 6,890.00$ 66.90$ 7,091.40$ 44.00$ 4,664.00$ 48.00$ 5,088.00$ 36AGGREGATE BASE CLASS 52147 TON20.00$ 42,940.00$ 20.00$ 42,940.00$ 3.50$ 7,514.50$ 20.79$ 44,636.13$ 15.30$ 32,849.10$ 24.00$ 51,528.00$ 25.36$ 54,447.92$ 37FULL DEPTH RECLAMATION33861 SQ YD3.00$ 101,583.00$ 6.00$ 203,166.00$ 4.00$ 135,444.00$ 3.64$ 123,254.04$ 12.00$ 406,332.00$ 2.70$ 91,424.70$ 4.00$ 135,444.00$ 38TYPE SP 9.5 WEARING COURSE MIXTURE (3,C)3034 TON92.00$ 279,128.00$ 80.00$ 242,720.00$ 85.00$ 257,890.00$ 84.00$ 254,856.00$ 102.00$ 309,468.00$ 111.40$ 337,987.60$ 98.27$ 298,151.18$ 39TYPE SP 9.5 WEARING COURSE MIXTURE (3,C) DRIVEWAYS 436 TON140.00$ 61,040.00$ 240.00$ 104,640.00$ 155.00$ 67,580.00$ 252.00$ 109,872.00$ 206.00$ 89,816.00$ 167.50$ 73,030.00$ 228.20$ 99,495.20$ 40TYPE SP 9.5 BITUMINOUS MIXTURE FOR PATCHING50 TON175.00$ 8,750.00$ 140.00$ 7,000.00$ 85.00$ 4,250.00$ 147.00$ 7,350.00$ 222.00$ 11,100.00$ 162.50$ 8,125.00$ 176.48$ 8,824.00$ 41TYPE SP 12.5 NON WEARING COURSE MIXTURE (3,C)5056 TON92.00$ 465,152.00$ 80.00$ 404,480.00$ 78.00$ 394,368.00$ 84.00$ 424,704.00$ 84.00$ 424,704.00$ 89.00$ 449,984.00$ 82.67$ 417,979.52$ 42BITUMINOUS WEDGE FOR CONCRETE CURB PROTECTION 17622 LIN FT3.00$ 52,866.00$ 3.00$ 52,866.00$ 3.00$ 52,866.00$ 3.15$ 55,509.30$ 4.10$ 72,250.20$ 3.00$ 52,866.00$ 7.85$ 138,332.70$ 43ABANDON WATER MAIN410 LIN FT12.00$ 4,920.00$ 10.00$ 4,100.00$ 25.00$ 10,250.00$ 10.00$ 4,100.00$ 7.95$ 3,259.50$ 10.00$ 4,100.00$ 5.91$ 2,423.10$ 44CONCRETE STEPS2 CU YD2,500.00$ 5,000.00$ 1,000.00$ 2,000.00$ 2,100.00$ 4,200.00$ 2,100.00$ 4,200.00$ 911.00$ 1,822.00$ 3,050.00$ 6,100.00$ 1,050.00$ 2,100.00$ 45GRANULAR BACKFILL17943 TON25.00$ 448,575.00$ 15.00$ 269,145.00$ 7.00$ 125,601.00$ 16.43$ 294,803.49$ 13.00$ 233,259.00$ 13.50$ 242,230.50$ 24.70$ 443,192.10$ 464" PVC PIPE DRAIN100 LIN FT20.00$ 2,000.00$ 25.00$ 2,500.00$ 31.00$ 3,100.00$ 36.88$ 3,688.00$ 32.40$ 3,240.00$ 25.00$ 2,500.00$ 22.33$ 2,233.00$ 4712" RC PIPE SEWER DESIGN 3006 CLASS V970 LIN FT100.00$ 97,000.00$ 65.00$ 63,050.00$ 66.00$ 64,020.00$ 74.33$ 72,100.10$ 66.20$ 64,214.00$ 72.00$ 69,840.00$ 62.00$ 60,140.00$ 4821" RC PIPE SEWER DESIGN 3006 CLASS III71 LIN FT120.00$ 8,520.00$ 85.00$ 6,035.00$ 101.00$ 7,171.00$ 111.51$ 7,917.21$ 84.60$ 6,006.60$ 120.00$ 8,520.00$ 96.50$ 6,851.50$ 4942" RC PIPE SEWER DESIGN 3006 CLASS III34 LIN FT350.00$ 11,900.00$ 240.00$ 8,160.00$ 269.00$ 9,146.00$ 277.55$ 9,436.70$ 316.00$ 10,744.00$ 308.00$ 10,472.00$ 224.33$ 7,627.22$ 5048" RC PIPE SEWER DESIGN 3006 CLASS III31 LIN FT400.00$ 12,400.00$ 350.00$ 10,850.00$ 328.00$ 10,168.00$ 339.68$ 10,530.08$ 343.00$ 10,633.00$ 342.00$ 10,602.00$ 279.38$ 8,660.78$ 51CONNECT TO EXISTING STORM SEWER11 EACH1,000.00$ 11,000.00$ 2,500.00$ 27,500.00$ 964.00$ 10,604.00$ 1,625.00$ 17,875.00$ 1,560.00$ 17,160.00$ 1,400.00$ 15,400.00$ 995.00$ 10,945.00$ 52IRRIGATION SYSTEMS1100 LIN FT12.00$ 13,200.00$ 10.00$ 11,000.00$ 10.00$ 11,000.00$ 5.00$ 5,500.00$ 0.01$ 11.00$ 10.00$ 11,000.00$ 30.00$ 33,000.00$ 53ADJUST VALVE/SERVICE STOP BOX4 EACH600.00$ 2,400.00$ 500.00$ 2,000.00$ 475.00$ 1,900.00$ 609.00$ 2,436.00$ 268.00$ 1,072.00$ 700.00$ 2,800.00$ 485.00$ 1,940.00$ 54REPAIR VALVE/SERVICE STOP BOX2 EACH900.00$ 1,800.00$ 1,000.00$ 2,000.00$ 475.00$ 950.00$ 609.00$ 1,218.00$ 480.00$ 960.00$ 900.00$ 1,800.00$ 616.00$ 1,232.00$ 55REPLACE VALVE/SERVICE STOP BOX1 EACH1,200.00$ 1,200.00$ 4,000.00$ 4,000.00$ 863.00$ 863.00$ 1,272.50$ 1,272.50$ 802.00$ 802.00$ 1,400.00$ 1,400.00$ 725.00$ 725.00$ 56CONNECT TO EXISTING WATER MAIN15 EACH2,500.00$ 37,500.00$ 3,000.00$ 45,000.00$ 3,010.00$ 45,150.00$ 2,062.09$ 30,931.35$ 3,300.00$ 49,500.00$ 1,700.00$ 25,500.00$ 1,130.00$ 16,950.00$ 57CONNECT TO EXISTING WATER SERVICE75 EACH1,500.00$ 112,500.00$ 500.00$ 37,500.00$ 102.00$ 7,650.00$ 556.68$ 41,751.00$ 1,000.00$ 75,000.00$ 495.00$ 37,125.00$ 610.00$ 45,750.00$ 58HYDRANT16 EACH3,000.00$ 48,000.00$ 8,000.00$ 128,000.00$ 8,360.00$ 133,760.00$ 7,471.76$ 119,548.16$ 10,000.00$ 160,000.00$ 8,850.00$ 141,600.00$ 6,620.00$ 105,920.00$ 59SACRIFICIAL ANODE66 EACH1,200.00$ 79,200.00$ 300.00$ 19,800.00$ 299.00$ 19,734.00$ 497.43$ 32,830.38$ 401.00$ 26,466.00$ 550.00$ 36,300.00$ 284.00$ 18,744.00$ 601" CURB STOP & BOX1 EACH600.00$ 600.00$ 1,000.00$ 1,000.00$ 1,450.00$ 1,450.00$ 821.55$ 821.55$ 1,520.00$ 1,520.00$ 980.00$ 980.00$ 595.00$ 595.00$ 611" CORPORATION STOP75 EACH500.00$ 37,500.00$ 800.00$ 60,000.00$ 1,695.00$ 127,125.00$ 618.81$ 46,410.75$ 1,200.00$ 90,000.00$ 780.00$ 58,500.00$ 344.00$ 25,800.00$ 626" GATE VALVE & BOX24 EACH2,000.00$ 48,000.00$ 3,000.00$ 72,000.00$ 3,160.00$ 75,840.00$ 2,475.08$ 59,401.92$ 2,430.00$ 58,320.00$ 3,000.00$ 72,000.00$ 2,145.71$ 51,497.04$ 638" GATE VALVE & BOX25 EACH2,500.00$ 62,500.00$ 4,000.00$ 100,000.00$ 4,165.00$ 104,125.00$ 3,245.71$ 81,142.75$ 3,320.00$ 83,000.00$ 3,800.00$ 95,000.00$ 3,054.00$ 76,350.00$ 64EXCAVATION FOR WATER MAIN OFFSET9 EACH5,500.00$ 49,500.00$ 5,000.00$ 45,000.00$ 4,000.00$ 36,000.00$ 4,333.33$ 38,999.97$ 3,380.00$ 30,420.00$ 1,900.00$ 17,100.00$ 1,669.23$ 15,023.07$ 651" TYPE K COPPER PIPE40 LIN FT65.00$ 2,600.00$ 60.00$ 2,400.00$ 64.00$ 2,560.00$ 61.81$ 2,472.40$ 119.00$ 4,760.00$ 110.00$ 4,400.00$ 27.00$ 1,080.00$ 66REMOVE WATERMAIN6932 LIN FT15.00$ 103,980.00$ 8.00$ 55,456.00$ 2.00$ 13,864.00$ 5.00$ 34,660.00$ 1.20$ 8,318.40$ 14.00$ 97,048.00$ 3.90$ 27,034.80$ 676" WATERMAIN DUCTILE IRON CL 533063 LIN FT105.00$ 321,615.00$ 85.00$ 260,355.00$ 89.00$ 272,607.00$ 83.86$ 256,863.18$ 100.00$ 306,300.00$ 91.00$ 278,733.00$ 73.50$ 225,130.50$ 688" WATERMAIN DUCTILE IRON CL 524129 LIN FT110.00$ 454,190.00$ 90.00$ 371,610.00$ 97.00$ 400,513.00$ 89.77$ 370,660.33$ 105.00$ 433,545.00$ 94.00$ 388,126.00$ 78.95$ 325,984.55$ 696" WATERMAIN HDPE (DIRECTIONAL DRILLED)60 LIN FT600.00$ 36,000.00$ 200.00$ 12,000.00$ 229.00$ 13,740.00$ 172.07$ 10,324.20$ 207.00$ 12,420.00$ 306.00$ 18,360.00$ 364.00$ 21,840.00$ 708" WATERMAIN HDPE (DIRECTIONAL DRILLED)100 LIN FT600.00$ 60,000.00$ 230.00$ 23,000.00$ 232.00$ 23,200.00$ 159.59$ 15,959.00$ 174.00$ 17,400.00$ 250.00$ 25,000.00$ 247.00$ 24,700.00$ 714" POLYSTYRENE INSULATION100 SQ YD65.00$ 6,500.00$ 50.00$ 5,000.00$ 69.00$ 6,900.00$ 68.01$ 6,801.00$ 56.30$ 5,630.00$ 58.00$ 5,800.00$ 62.40$ 6,240.00$ 72DUCTILE IRON FITTINGS11100 POUND25.00$ 277,500.00$ 0.01$ 111.00$ 18.00$ 199,800.00$ 15.67$ 173,937.00$ 0.01$ 111.00$ 15.00$ 166,500.00$ 12.04$ 133,644.00$ 73CASTING ASSEMBLY42 EACH1,600.00$ 67,200.00$ 1,000.00$ 42,000.00$ 1,100.00$ 46,200.00$ 1,526.78$ 64,124.76$ 1,460.00$ 61,320.00$ 1,350.00$ 56,700.00$ 896.00$ 37,632.00$ 74ADJUST FRAME & RING CASTING125 EACH900.00$ 112,500.00$ 800.00$ 100,000.00$ 750.00$ 93,750.00$ 1,204.90$ 150,612.50$ 1,800.00$ 225,000.00$ 1,200.00$ 150,000.00$ 983.50$ 122,937.50$ 75CONST DRAINAGE STRUCTURE DESIGN SPEC 1 (2X3 CB) 79 LIN FT600.00$ 47,400.00$ 300.00$ 23,700.00$ 446.00$ 35,234.00$ 620.13$ 48,990.27$ 516.00$ 40,764.00$ 550.00$ 43,450.00$ 574.57$ 45,391.03$ 76CONST DRAINAGE STRUCTURE DESIGN SPEC 2 (48" MH) 5 LIN FT1,000.00$ 5,000.00$ 600.00$ 3,000.00$ 648.00$ 3,240.00$ 661.88$ 3,309.40$ 671.00$ 3,355.00$ 750.00$ 3,750.00$ 703.57$ 3,517.85$ 77CONST DRAINAGE STRUCTURE DESIGN SPEC 3 (60" MH) 23 LIN FT1,200.00$ 27,600.00$ 600.00$ 13,800.00$ 956.00$ 21,988.00$ 776.56$ 17,860.88$ 729.00$ 16,767.00$ 750.00$ 17,250.00$ 855.00$ 19,665.00$ 78RAIN GARDEN PRETREATMENT CHAMBER1 EACH2,000.00$ 2,000.00$ 20,000.00$ 20,000.00$ 2,890.00$ 2,890.00$ 3,679.99$ 3,679.99$ 2,650.00$ 2,650.00$ 2,000.00$ 2,000.00$ 3,654.25$ 3,654.25$ 79CONNECT INTO EXISTING DRAINAGE STRUCTURE16 EACH2,000.00$ 32,000.00$ 2,000.00$ 32,000.00$ 643.00$ 10,288.00$ 2,166.67$ 34,666.72$ 1,750.00$ 28,000.00$ 3,000.00$ 48,000.00$ 1,237.50$ 19,800.00$ 80CONSTRUCT RAIN GARDEN260 SQ YD120.00$ 31,200.00$ 50.00$ 13,000.00$ 100.00$ 26,000.00$ 84.09$ 21,863.40$ 123.00$ 31,980.00$ 140.00$ 36,400.00$ 48.69$ 12,659.40$ 816" CONCRETE WALK362 SQ FT16.00$ 5,792.00$ 10.00$ 3,620.00$ 14.50$ 5,249.00$ 15.67$ 5,672.54$ 13.65$ 4,941.30$ 13.70$ 4,959.40$ 16.50$ 5,973.00$ 82DRILL & GROUT REINF BAR (EPOXY COATED)15 EACH30.00$ 450.00$ 15.00$ 225.00$ 10.20$ 153.00$ 10.50$ 157.50$ 10.10$ 151.50$ 13.10$ 196.50$ 21.00$ 315.00$ 83PRECAST CONCRETE PARKING STOPS19 EACH200.00$ 3,800.00$ 500.00$ 9,500.00$ 150.00$ 2,850.00$ 165.40$ 3,142.60$ 248.00$ 4,712.00$ 174.00$ 3,306.00$ 365.00$ 6,935.00$ 84CONCRETE CURB & GUTTER DESIGN B61810262 LIN FT30.00$ 307,860.00$ 22.00$ 225,764.00$ 23.00$ 236,026.00$ 21.74$ 223,095.88$ 20.91$ 214,578.42$ 27.90$ 286,309.80$ 24.10$ 247,314.20$ 856" CONCRETE DRIVEWAY PAVEMENT336 SQ YD85.00$ 28,560.00$ 85.00$ 28,560.00$ 76.00$ 25,536.00$ 91.77$ 30,834.72$ 69.04$ 23,197.44$ 84.20$ 28,291.20$ 76.25$ 25,620.00$ 866" CONCRETE DRIVEWAY PAVEMENT SPECIAL78 SQ YD150.00$ 11,700.00$ 100.00$ 7,800.00$ 135.00$ 10,530.00$ 151.25$ 11,797.50$ 126.26$ 9,848.28$ 140.00$ 10,920.00$ 223.50$ 17,433.00$ 87TRUNCATED DOMES48 SQ FT65.00$ 3,120.00$ 80.00$ 3,840.00$ 62.00$ 2,976.00$ 64.50$ 3,096.00$ 60.61$ 2,909.28$ 57.00$ 2,736.00$ 62.00$ 2,976.00$ 88INSTALL MAIL BOX SUPPORT60 EACH100.00$ 6,000.00$ 200.00$ 12,000.00$ 211.00$ 12,660.00$ 183.75$ 11,025.00$ 125.00$ 7,500.00$ 280.00$ 16,800.00$ 132.00$ 7,920.00$ 89INSTALL WOOD STEP12 SQ FT300.00$ 3,600.00$ 40.00$ 480.00$ 52.00$ 624.00$ 52.50$ 630.00$ 52.90$ 634.80$ 135.00$ 1,620.00$ 48.00$ 576.00$ 90INSTALL BRICK PAVERS515 SQ FT30.00$ 15,450.00$ 20.00$ 10,300.00$ 31.00$ 15,965.00$ 15.75$ 8,111.25$ 23.80$ 12,257.00$ 20.00$ 10,300.00$ 14.23$ 7,328.45$ 91INSTALL STONE PAVERS25 SQ FT50.00$ 1,250.00$ 30.00$ 750.00$ 31.00$ 775.00$ 15.75$ 393.75$ 48.10$ 1,202.50$ 40.00$ 1,000.00$ 26.36$ 659.00$ 92TRAFFIC CONTROL1 LUMP SUM 15,000.00$ 15,000.00$ 30,000.00$ 30,000.00$ 70,000.00$ 70,000.00$ 8,925.00$ 8,925.00$ 6,900.00$ 6,900.00$ 12,000.00$ 12,000.00$ 56,650.00$ 56,650.00$ 93SIGN TYPE C130 SQ FT250.00$ 32,500.00$ 55.00$ 7,150.00$ 57.00$ 7,410.00$ 57.75$ 7,507.50$ 55.00$ 7,150.00$ 58.00$ 7,540.00$ 57.55$ 7,481.50$ NORTHWEST ASPHALT, INCENGINEERS ESTIMATE S.M HENTGES AND SONSRYAN CONTRACTINGBASE BID NORTHDALE CONSTRUCTION CO. INC TABULATION OF BIDS PARK CONSTRUCTION CO. BITUMINOUS ROADWAYSBID TABULATION Page 1Page 44 of 79 EMERSON AVENUE STREET IMPROVEMENTSCITY OF MENDOTA HTS, MINNESOTACITY PROJECT NO. 202306TKDA PROJECT NO. 20210.00BIDS OPENED: APRIL 10, 2024 AT 10:00 AM*DENOTES ERROR IN BIDDER CALCULATIONITEMUNITTOTALUNITTOTALUNITTOTALUNITTOTALUNITTOTALUNITTOTALUNITTOTALNO.DESCRIPTIONQUANTITYUNITPRICEAMOUNTPRICEAMOUNTPRICEAMOUNTPRICEAMOUNTPRICEAMOUNTPRICEAMOUNTPRICEAMOUNTNORTHWEST ASPHALT, INCENGINEERS ESTIMATE S.M HENTGES AND SONSRYAN CONTRACTINGBASE BID NORTHDALE CONSTRUCTION CO. INC TABULATION OF BIDS PARK CONSTRUCTION CO. BITUMINOUS ROADWAYS94SIGN TYPE SPECIAL 83 SQ FT 120.00$ 9,960.00$ 45.00$ 3,735.00$ 46.00$ 3,818.00$ 84.00$ 6,972.00$ 45.00$ 3,735.00$ 48.00$ 3,984.00$ 47.25$ 3,921.75$ 95PEDESTRIAN CROSSWALK FLASHER SYSTEM1 SYSTEM25,000.00$ 25,000.00$ 23,150.00$ 23,150.00$ 19,000.00$ 19,000.00$ 19,385.10$ 19,385.10$ 18,500.00$ 18,500.00$ 19,400.00$ 19,400.00$ 30,424.50$ 30,424.50$ 96CLEAN ROOT CUTTING50 LIN FT7.00$ 350.00$ 8.00$ 400.00$ 5.10$ 255.00$ 5.25$ 262.50$ 5.00$ 250.00$ 5.25$ 262.50$ 13.00$ 650.00$ 97STABILIZED CONSTRUCTION EXIT1 LUMP SUM3,500.00$ 3,500.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 13,000.00$ 13,000.00$ 29,300.00$ 29,300.00$ 24,000.00$ 24,000.00$ 18,000.00$ 18,000.00$ 98STORM DRAIN INLET PROTECTION68 EACH200.00$ 13,600.00$ 150.00$ 10,200.00$ 185.00$ 12,580.00$ 250.00$ 17,000.00$ 218.00$ 14,824.00$ 160.00$ 10,880.00$ 160.00$ 10,880.00$ 99SILT FENCE, TYPE MS500 LIN FT5.00$ 2,500.00$ 2.00$ 1,000.00$ 2.00$ 1,000.00$ 3.05$ 1,525.00$ 2.75$ 1,375.00$ 2.05$ 1,025.00$ 2.65$ 1,325.00$ 100FILTER BERM TYPE 5250 LIN FT50.00$ 12,500.00$ 3.00$ 750.00$ 8.10$ 2,025.00$ 157.50$ 39,375.00$ 59.20$ 14,800.00$ 40.00$ 10,000.00$ 4.50$ 1,125.00$ 101SEDIMENT CONTROL LOG TYPE COMPOST10262 LIN FT3.50$ 35,917.00$ 2.00$ 20,524.00$ 2.30$ 23,602.60$ 3.36$ 34,480.32$ 3.05$ 31,299.10$ 2.35$ 24,115.70$ 3.00$ 30,786.00$ 102SOIL BED PREPARATION2 ACRE1,500.00$ 3,000.00$ 300.00$ 600.00$ 255.00$ 510.00$ 262.50$ 525.00$ 250.00$ 500.00$ 265.00$ 530.00$ 2,460.00$ 4,920.00$ 103COMMON TOPSOIL BORROW515 CU YD40.00$ 20,600.00$ 40.00$ 20,600.00$ 58.00$ 29,870.00$ 42.25$ 21,758.75$ 0.01$ 5.15$ 34.35$ 17,690.25$ 52.20$ 26,883.00$ 104FERTILIZER TYPE 3556 POUND1.00$ 556.00$ 1.00$ 556.00$ 0.80$ 444.80$ 0.79$ 439.24$ 0.75$ 417.00$ 0.80$ 444.80$ 1.90$ 1,056.40$ 105ROLLED EROSION PREVENTION CATEGORY 20112 SQ YD2.00$ 224.00$ 3.00$ 336.00$ 3.05$ 341.60$ 3.15$ 352.80$ 3.00$ 336.00$ 3.15$ 352.80$ 4.65$ 520.80$ 106SEEDING2 ACRE3,500.00$ 7,000.00$ 600.00$ 1,200.00$ 255.00$ 510.00$ 262.50$ 525.00$ 250.00$ 500.00$ 265.00$ 530.00$ 2,125.00$ 4,250.00$ 107SEED MIXTURE 25-151322 POUND5.00$ 1,610.00$ 5.00$ 1,610.00$ 4.10$ 1,320.20$ 4.20$ 1,352.40$ 4.00$ 1,288.00$ 4.20$ 1,352.40$ 5.00$ 1,610.00$ 108HYDRAULIC STABILIZED FIBER MATRIX5741 POUND1.30$ 7,463.30$ 4.00$ 22,964.00$ 1.50$ 8,611.50$ 1.52$ 8,726.32$ 1.45$ 8,324.45$ 1.50$ 8,611.50$ 2.10$ 12,056.10$ 109RAPID STABILIZATION METHOD 312 M GALLON750.00$ 9,000.00$ 500.00$ 6,000.00$ 255.00$ 3,060.00$ 262.50$ 3,150.00$ 250.00$ 3,000.00$ 265.00$ 3,180.00$ 265.00$ 3,180.00$ 1104" SOLID LINE MULTI COMP (WR)854 LIN FT1.00$ 854.00$ 5.00$ 4,270.00$ 5.10$ 4,355.40$ 5.25$ 4,483.50$ 5.00$ 4,270.00$ 5.25$ 4,483.50$ 7.70$ 6,575.80$ 1114" DBLE SOLID LINE MULTI COMP (WR)600 LIN FT2.00$ 1,200.00$ 5.00$ 3,000.00$ 5.10$ 3,060.00$ 5.25$ 3,150.00$ 5.00$ 3,000.00$ 5.25$ 3,150.00$ 2.60$ 1,560.00$ 112PAVT MSSG MULTI COMP (WR)24 SQ FT20.00$ 480.00$ 10.00$ 240.00$ 10.20$ 244.80$ 10.50$ 252.00$ 10.00$ 240.00$ 10.50$ 252.00$ 34.00$ 816.00$ TOTAL BASE BID5,154,278.30$ 4,199,549.00$ 4,207,380.71$ 4,407,821.58$ 4,526,350.03$ 4,598,000.00$ 4,618,218.04$ BID TABULATION Page 2Page 45 of 79 April 10, 2024 Honorable Mayor and City Council City of Mendota Heights, Minnesota 1101 Victoria Curve Mendota Heights, MN 55118 Re: Emerson Avenue Street Improvements City of Mendota Hts, Minnesota City Project No. 202306 TKDA Project No. 20210.000 Dear Mayor and City Council: On April 10, 2024, six bids for the referenced project were received. The lowest bid was submitted by Ryan Contracting. Listed below is a summary of the base bids received, and a complete Tabulation of Bids is enclosed for your information. Recommendation The lowest responsible bidder, Ryan Contracting operates from Elko Minnesota and has been in business for 25 years. My knowledge of Ryan Contracting has been with street and utility work for new development projects in growing communities, but they have performed well in that work. In speaking with other communities, they have had good experience with Ryan Contracting on neighborhood improvements and they have seen excellent work with pipe installation. Action Requested 1. Receive all bids submitted2. Award the contract for the Emerson Avenue Street Improvements to the lowest responsible bidder,Ryan Contracting, for the Total Bid of $4,199,529.00.Please do not hesitate to call me with any questions or comments you may have. Sincerely, Larry Poppler, PE Project Manager LPP Contractor Total Base Bid Ryan Contracting $4,199,529.00 Bituminous Roadways Northdale Construction Co. Inc Park Construction Co. $4,207,380.71 $4,407,821.58 $4,526,350.03 SM Hentges & Sons Northwest Asphalt Inc. $4,598,000.00 $4,618,218.04 Engineer’s Estimate $5,154,278.30 Page 46 of 79 6lPage 47 of 79 Page 48 of 79 Page 49 of 79 Page 50 of 79 Page 51 of 79 Page 52 of 79 Page 53 of 79 Page 54 of 79 Page 55 of 79 Page 56 of 79 Page 57 of 79 Page 58 of 79 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: April 16, 2024 AGENDA ITEM: Cooperative Agreement with Tree Trust Landscaping Services ITEM TYPE: ☐Consent ☐ Presentation/Recognition ☐ Public Hearing ☒New/Unfinished Business DEPARTMENT: Engineering CONTACT: Krista Spreiter, Natural Resources Coordinator ACTION REQUEST: Authorize staff to enter into an agreement with Tree Trust Landscaping Services for the 2024 Mendota Heights Tree Canopy Program for the not-to-exceed amount of $25,000. BACKGROUND: The Natural Resources Commission has proposed the development of a residential and commercial tree canopy program as a way to supplement the City’s annual tree sale, grow and diversify the City’s urban forest, mitigate the loss of ash trees due to Emerald Ash Borer, and provide a subsidized, full- service tree planting option to private property owners. The program provides high-quality shade trees at the subsidized cost of $185 for residents and non-profit property owners, and $259 for commercial property owners, delivered and planted by Tree Trust. Recipients also receive: •A site consultation with City Staff on the best location for their new tree •Utility locate coordination prior to planting •Transportation of their tree and all planting materials provided by Tree Trust Landscaping Services •Proper planting, mulching, and watering at the time of planting, provided by Tree Trust Landscaping Services •A high-quality, 10-gallon container tree, watering bag, tree protection, and mulch to be placed at the time of planting Options include: •Blue Beech •Kentucky Coffee Tree var. Espresso •Redbud (Minnesota Strain) •Hackberry •River Birch •Bi-color Oak 9aPage 59 of 79 Residents will be required to complete an online application to apply to the program. There is a maximum of two trees per property. Applications are received on a first-come, first-serve basis (quantities are limited). Priority will be given to those properties that lost a tree(s) due to Emerald Ash Borer, properties located within an Environmental Justice Area (online LINK), or those located in a High Relative Heat Export area within Mendota Heights, according to Figure 17 of the Mendota Heights Natural Resources Management Plan. Applications for those within a priority group will be accepted before April 15, 2024. After April 15, all residents and property owners are eligible to apply. The deadline for applications for spring of 2024 is May 31. Additional applications will be accepted after this date for a fall planting, if funds and supplies remain. Property owners will be required to enter into a maintenance agreement with the City upon acceptance, assuming responsibility for watering and all tree care after planting, including removal if needed, and all costs associated with tree maintenance of the tree in the foreseeable future. Trees provided are guaranteed for one year. FISCAL AND RESOURCE IMPACT: Funds for the 2024 Tree Canopy Program will utilize the Tree City USA designated funds from the Natural Resources budget for the not to exceed amount of $25,000. ATTACHMENTS: Cooperative Agreement with Tree Trust Landscaping Services Figure 17. Heat Island Hot Spots in Mendota Heights CITY COUNCIL PRIORITY: ☒Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☒Inclusive and Responsive Government Page 60 of 79 1 229956v1 COOPERATIVE AGREEMENT This COOPERATIVE AGREEMENT (“Agreement”) is made this day of , 2024, and is by and between the City of Mendota Heights, a Minnesota municipal corporation (“City”) and Tree Trust, a Minnesota nonprofit corporation. RECITALS A.Tree Trust is a nonprofit corporation whose mission is to transform lives and landscapes by engaging people to build skills for meaningful careers, inspiring people to plant trees, and making communities greener, healthier places to live. B.The City and Tree Trust have collaborated in the past to distribute trees within the City with the goal of encouraging tree species diversification through a low-cost tree sale. C.The City and Tree Trust wish to continue the partnership to plant up to 135 additional trees on private properties throughout the City, each at a reduced cost to the private property owner, through the 2024 Tree Canopy Program (“Program”). NOW THEREFORE, based on the promises, covenants, and obligations set forth in this Agreements, the City and Tree Trust, have agreed as follows: 1.Term and Termination. This Agreement is effective as of the date of the last signature executing this Agreement. It shall terminate on its terms on December 15th, 2024, or upon final payment by the City as provided in this Agreement, whichever is earlier. Prior to such date or final payment, either party may terminate this Agreement for any reason upon 30 days’ written notice to the other party. In the event of early termination, the City shall pay Tree Trust for all trees and labor that were planted on or before the date of the notice of termination by either party. 2.Costs and Payments. The cost of each tree and the labor described in Section 3 of this Agreement shall be $370, inclusive of applicable sales tax. A.Residential Properties. For trees that are planted on residential property, the owner of such property and the City shall each pay for 50% of the cost of the tree and labor. B.Commercial Properties. For trees that are planted on commercial property, the owner of such property shall pay 70% of the cost of each tree and labor; the City shall pay the balance of 30%. C.Payments. All payments by the owners and the City shall be made directly to Tree Trust. Tree Trust shall email invoices to the City for payment within two weeks after completion of all plantings. Payment by property owners is due upon ordering, unless Tree Trust and a property owner agree to other terms. The City shall not be responsible for non-payment by any property owner. A 1% finance charge may be applied to any outstanding balances after 30 days of receipt of an invoice from Tree Trust. Payment by the City for the City’s share costs is due within 30 days of receipt of an invoice from Tree Trust. Page 61 of 79 2 229956v1 D.Not to Exceed Amount. In no event shall the City’s total cost exceed $25,000. 3.Obligations of Tree Trust. Tree Trust shall do all of the following: A.Provide social media outreach and press releases to local newspapers/city newsletters in order to advertise the Program, and collaborate with the City on all marketing and communication activities; B.Create a website for the ordering process including species specific tree details; C.Receive, process and confirm orders, beginning on March 25th, 2024 at 8:00 am; D.Respond to questions from participating property owners about the Program and specifics about selection; E.Monitor ordering process to ensure only City property owners are participating; F.Provide all personnel to oversee all planting activities, as well as all equipment and materials needed for all planting activities; G.Schedule all utility locates prior to planting; H.Schedule all plantings with property owners during regular business hours, Monday through Friday, unless a different time or day is agreed upon by Tree Trust and the property owner; I.If weather conditions are not conducive to planting, re-schedule planting with affected property owners; J.Plant all trees in a professional and timely manner according to current industry standards, including making all reasonable effort to schedule all plantings during the spring and fall planting windows; K.Provide plant stock in 10-gallon containerized material; L.Water all trees at the time of planting; M.Install a ring of natural shredded mulch around each tree; N.Install a watering bag around each tree; O.Install a trunk guard on each tree; and P.Upon completion of planting, restore any turf, gravel, or other material that was disturbed during planting. Page 62 of 79 3 229956v1 4.Obligations of City. The City shall do all of the following: A.Collaborate with Tree Trust on all marketing and communication activities, including advertising the Program on the City’s social media and other communication vehicles; B.Determine tree species to be offered, depending on availability, and collaborate with Tree Trust to determine appropriate substitutions when necessary; C.Consult with individual property owners to determine location for each tree, and ensure that no tree is planted in public right-of-way, or in any public easement of record. If a suitable planting location cannot be determined, the property owner will be refunded the 50% payment and the tree will be returned to the available supply; D.Provide each property owner a white flag or stake to mark tree location prior to utility locate; E.Advise individual property owners of their obligation to provide an exterior water source to Tree Trust on the day of planting; F.Enter into a maintenance agreement with property owners in substantially the form of Exhibit A to this Agreement; and G.Provide payment to Tree Trust as provided in this Agreement. 5.No Warranty or On-going Maintenance. Tree Trust provides no warranty, express or implied, regarding the survival of any tree planted. Tree Trust is not obligated to perform any on- going watering or maintenance of any tree planted. 6.Insurance. Tree Trust shall maintain insurance coverage equal to or exceeding the following limits: Commercial General Liability $1,000,000 per occurrence, $2,000,000 general aggregate Auto (owned, hired, and non-owned) $1,000,000 Workers Compensation/Employers’ Liability In accordance with the laws of the State of Minnesota Such insurance must name the City, its officials, employees, agents, and any successors, heirs or assigns of the City, as an additional insured (with respect to the commercial general liability insurance), must be primary and non-contributory with any insurance or self-insurance of the City, or any successors, heirs or assigns of City, and include a waiver of subrogation. If requested, Tree Trust shall provide certificates of insurance to the City prior to engaging in any planting activities on private property. Page 63 of 79 4 229956v1 7.Indemnity. This Agreement imposes no liability of any kind whatsoever on the City. To the fullest extent permitted by law, Tree Trust shall defend, indemnify, and save harmless the City, its elected officials, officers, agents, and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys’ fees), and from any loss claim liability or other accident-related exposure beyond the payment of insurance premiums, self-insured retention or deductible, or self-insurance program, caused by the negligent acts or omissions of Tree Trust’s officers, employees, contractors, agents, or volunteers, and arising out of the Program. 8.Limitation of City Liability. Nothing in this Agreement will constitute a waiver by the City, of any statutory or common law immunities or liability limitations. 9.Notices. All notices provided for or desired to be sent by the parties will be in writing and will be treated as fully given when deposited in the United States mail via prepaid certified mail, or by prepaid overnight mail delivery service providing written evidence of delivery, and addressed as follows: If to the City: City of Mendota Heights ATTN: 1101 Victoria Curve Mendota Heights, Minnesota 55118 If to Tree Trust: Tree Trust ATTN: Jeff Voshell 1419 Energy Park Drive St. Paul, Minnesota 55108 10.Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject matter in this Agreement. No supplements, modifications, or amendments of this Agreement will be binding unless in writing, executed by the parties to this Agreement. 11.Severability. If any provision or term of this Agreement for any reason is declared invalid, illegal or unenforceable, such decision will not affect the validity of any remaining provisions, provided that: (i) each party receives the substantial benefit of its bargain with respect to the transaction completed hereby; and (ii) the ineffectiveness of such provision would not result in such a material change as to cause completion of the transactions contemplated hereby to be unreasonable for either party. The remaining provisions will remain in full force and effect as if this Agreement had been executed with the invalid portion thereof eliminated and it is hereby declared the intention of the parties that they would have executed the remaining portions of this Agreement without including any such part or portion which may be hereafter declared invalid. 12.Relationship of the Parties. Nothing contained in this Agreement will be deemed or construed to create a partnership, joint venture, joint enterprise, or other fiduciary relationship between the City and Tree Trust as related to the Program. Neither party is authorized to act as an agent or on behalf of the other party. 13.Governing Law and Venue. The City and Tree Trust agree that the laws of the State of Minnesota will govern all questions and interpretations concerning the validity and construction of this Agreement, and the legal relations between the City and Tree Trust, and performance under Page 64 of 79 5 229956v1 it without regard to the principles of conflicts of law. The language of this Agreement is and will be deemed the result of negotiation among the parties and their respective legal counsel and will not be strictly construed for or against any party. Each party agrees that any action arising out of or in connection with this Agreement will be brought solely in the courts of the State of Minnesota, First Judicial District in Dakota County, or the United States District Court for the District of Minnesota. 14.No Waiver. No waiver by the City of any of the provisions of this Agreement will be deemed a waiver of any other provisions, whether or not similar, nor will any waiver by the City be a continuing waiver. No waiver by the City will be binding unless executed in writing by the City. 15.Signatures/Execution. Each person executing this Agreement on behalf of a party to the Agreement represents and warrants that such person is duly and validly authorized to do so on behalf of such party, with full right and authority to execute this Agreement and to bind such party with respect to all of its obligations included in this Agreement. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which taken together will constitute but one and the same instrument. The parties agree that the electronic signature of a party to this Agreement will be as valid as an original signature of such party and will be effective to bind such party to this Agreement. The parties further agree that any document containing, or to which there is affixed, an electronic signature will be deemed (i) to be “written” or “in writing,” (ii) to have been signed, and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. For purposes of this Agreement, “electronic signature” also means a manually signed original signature that is transmitted by any electronic means, including without limitation a faxes version of an original signature or an electronically scanned and transmitted version (e.g., via PDF) of an original signature. Any party’s failure to produce the original signature of any electronically transmitted signature will not affect the enforceability of this Agreement. 16.Headings. The section headings of this Agreement are for reference purposes only and will not otherwise affect the meaning, construction, or interpretation of any provision of this Agreement. 17.Incorporation of Recitals and Exhibit. The Recitals made at the beginning of this Agreement, and the Exhibit that is attached to this Agreement, are true and correct and, by this reference, are incorporated into and made a part of this Agreement. [Signature page follows] Page 65 of 79 6 229956v1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement through their duly authorized officers and representatives to be effective as provided in this Agreement. CITY OF MENDOTA HEIGHTS: Stephanie Levine, Mayor Cheryl Jacobson, City Administrator TREE TRUST: Jared Smith, Executive Director | CEO Page 66 of 79 7 229956v1 Exhibit A Form of Maintenance Agreement Between City and Property Owner [## Exhibit pages follow] Page 67 of 79 8 229956v1 RIGHT OF ENTRY AND MAINTENANCE AGREEMENT This RIGHT OF ENTRY AND MAINTENANCE AGREEMENT (“Agreement”) is made this day of , 2024, and is by and between the City of Mendota Heights, a Minnesota municipal corporation (“City”) and [NAME] , a [MARITAL STATUS OR BUSINESS TYPE] (“Owner”). RECITALS A.Owner is the fee owner of that certain real property located at [ADDRESS] , in the City of Mendota Heights, County of Dakota, State of Minnesota (“Property”). B.In order to encourage tree species diversification throughout the City, the City has collaborated with Tree Trust, a Minnesota nonprofit corporation, to offer trees at a reduced cost to property owners in the City through the 2024 Tree Canopy Program (“Program”). C.Terms of the Program include, but are not limited to, the cost of each tree and associated labor and materials needed for planting each tree is $370, including applicable sales tax; the City shall pay 50% of the cost of each tree planted on residential property, and 70% of the cost of each tree planted on commercial property. The balance of the cost shall be paid by property owners (the “Proportional Share”). D.Owner wishes to participate in the Program and have a tree planted on Owner’s Property pursuant to the terms of the Program and the terms and conditions of this Agreement. NOW THEREFORE, based on the promises, covenants, and obligations set forth in this Agreements, the City and Owner, have agreed as follows: 1.Right of Entry. Owner grants to the City, its officials, employees, agents, and contractors, and to Tree Trust, its officials, employees, agents, contractors, and volunteers, the right to enter onto the Property for the purposes of marking utility locations, preparing the Property for planting of the tree(s) purchased by Owner, and for activities related to the planting of such tree(s). This right of entry shall be effective upon execution of this Agreement and terminate upon completion of the planting of the tree(s) on Owner’s Property. 2.Obligations of Owner. Owner shall do all of the following: A.Cooperate with the City in determining an appropriate location(s) for the planting of the tree(s) on Owner’s Property; B.Mark the planting location(s) with the white flag or stake provided by the City; C.Provide an exterior water source to Tree Trust on the day of planting; Page 68 of 79 9 229956v1 D.Pay Owner’s Proportional Share of the cost for each tree planted, with such payment being remitted by Owner directly to Tree Trust as directed in the invoice to be provided to Owner by Tree Trust; and E.Provide all on-going maintenance and care of the tree(s) planted on Owner’s property. 3.Obligations of the City. The City is obligated to do all of the following: A.Consult with Owner to determine location for the tree(s), and ensure that no tree is planted in public right-of-way, or in any public easement of record; B.Provide each Owner with a white flag or stake to mark tree location prior to utility locate; C.Provide payment to Tree Trust for the City’s Proportional share of the tree(s) planted on Owner’s Property. 4.Acknowledgements by Owner. Owner acknowledges the following: A.The City is not responsible for any ongoing maintenance or care whatsoever of the tree(s) planted on Owner’s Property as part of the Program. Specifically, the City is not responsible for watering, trimming, removing, replacing, or any care whatsoever for the tree(s) planted on Owner’s Property as part of the Program. B.Tree Trust has not provided any warranty, express or implied, regarding the survival of any tree planted on Owner’s Property as part of the Program. C.The City is not responsible for payment of Owner’s Proportional Share. 5.Indemnity. This Agreement imposes no liability of any kind whatsoever on the City. To the fullest extent permitted by law, Owner shall defend, indemnify, and save harmless the City, its elected officials, officers, agents, and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys’ fees), and from any loss claim liability or other accident-related exposure beyond the payment of insurance premiums, self-insured retention or deductible, or self-insurance program, caused by the negligent acts or omissions of Tree Trust’s officers, employees, contractors, agents, or volunteers, and arising out of the Program. 6.Limitation of City Liability. Nothing in this Agreement will constitute a waiver by the City, of any statutory or common law immunities or liability limitations. 7.Successors/Covenants Run with Property. All duties and obligations of Owner under this Agreement shall also be duties and obligations of Owner’s successors and assigns, jointly and severally. The terms and conditions of this Agreement shall run with the Property. [Signature page follows] Page 69 of 79 10 229956v1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement through their duly authorized officers and representatives to be effective as provided in this Agreement. CITY OF MENDOTA HEIGHTS: Stephanie Levine, Mayor Cheryl Jacobson, City Administrator [NAME]: [NAME], [TITLE] [NAME], [TITLE] Page 70 of 79 Figure 17. Heat Island Hot Spots in Mendota Heights c:J Mendota Heights Boundary D City Park Boundary D Other City-Owned Parcel Relative Heat Export -High D Medium High LJMediumD Medium Low c=Jlow (f'J· if.- •• -DLJ� .t::::,,:I ◊$.-9 \_� City of Mendota Heights -Natural Resources Management Plan 66 Page 71 of 79 Page 72 of 79 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: April 16, 2024 AGENDA ITEM: Resolution 2024-18 Sanitary Sewer Utility Rate Adjustment ITEM TYPE: ☐Consent ☐ Presentation/Recognition ☐ Public Hearing ☒New/Unfinished Business DEPARTMENT: Engineering CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: Approve Resolution 2024-18 providing for a new Sanitary Sewer Utility Billing Rate for 2024. BACKGROUND: The City of Mendota Heights has a policy that sanitary sewer rates will be looked at on an annual basis and adjusted periodically to account for increases in costs. Specifically, this would be for the charges billed to the City from the Metropolitan Council Environmental Services (MCES) division, which goes to fund the maintenance and operations of the sewage treatment plants. In addition, the annual costs of maintaining the City’s sanitary sewer system will be reviewed and the annual budget adjusted accordingly. The City’s single family residential bill rate for sanitary sewer is based upon the non-summer (1st quarter) water usage quantity. The current base rate is $25.64 per quarter and measured flows are charged at $4.67 units of water consumed per quarter (1 unit equals 748 gallons/100 Cubic Feet). Single family residential properties are billed based on their first quarter water usage. Commercial and multi- family properties are billed based on their year-round usage. MCES invoices the City based on flow volumes contributed to the metro-wide wastewater treatment system. MCES has given indications that rate increases of 3%-5% per year should be anticipated for several years to come. The proposed MCES rate in Mendota Heights for 2024 is estimated to be $1,314,748. FISCAL AND RESOURCE IMPACT: Staff is proposing a five percent (5%) increase to the sanitary sewer base charge and usage charge. The new base charge would be $26.92 and the usage charge increase to $4.90 per unit. This would equal an approximate increase of $4.50 per household using the average 14 units of water. 9bPage 73 of 79 Without additional revenues, the Sanitary Sewer Utility fund will eventually deplete its reserve balances and the City will lose capability and flexibility in maintaining and improving its sanitary sewer infrastructure. Staff is proposing the sanitary sewer utility rate structure be implemented for the first quarter water readings which occur on the July billing cycle of 2024. Approximately 600 property owners are on an automatic withdrawal program for their sanitary sewer bill payment. These customers must be notified in writing, and the City will incur a one-time $0.50 per account charge for changing the automatic withdrawal amount. This rate adjustment was scheduled for 2023 but was held flat to time the increase with the utility billing schedule as it maximize staff resources. ATTACHMENTS: Resolution 2024-18 Authorizing Sanitary Sewer Usage Rates Beginning in the Second Quarter of 2024. CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government Page 74 of 79 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-18 RESOLUTION AUTHORIZING SANITARY SEWER USAGE RATES BEGINNING IN THE SECOND QUARTER OF 2024 WHEREAS, the City of Mendota Heights aspires to have a self-funded sanitary sewer utility for the residents and businesses of the City; and WHEREAS, annual expenditures (including fees paid to the Metropolitan Council Environmental Services (MCES)) have increased over the past several years; and WHEREAS, Sanitary Sewer Utility expenditures (including rates charged by MCES) are anticipated to continue rising over the foreseeable future; and WHEREAS, the rate structure will promote water conservation by only charging users based on their discharge. NOW, THEREFORE, IT IS HERBY RESOLVED by the City Council of the City of Mendota Heights that the rate of charge for the use of the Sanitary Sewer Utility shall be set as follows effective the second quarter of 2024 (to be billed in July 2024): Sanitary Sewer Base Rate $26.92 Usage Rate per 748 gallons/100 cu. ft. $ 4.90 Adopted by the City Council of the City of Mendota Heights this sixteenth day of April 2024. CITY COUNCIL CITY OF MENDOTA HEIGHTS By:______________________________________ Stephanie B. Levine, Mayor ATTEST: _______________________________ Nancy Bauer, City Clerk Page 75 of 79 Page 76 of 79 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: April 16, 2024 AGENDA ITEM: Resolution 2024-19 Storm Sewer Utility Rate Adjustment ITEM TYPE: ☐Consent ☐ Presentation/Recognition ☐ Public Hearing ☒New/Unfinished Business DEPARTMENT: Engineering CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: Approve Resolution 2024-19 providing for a new Storm Sewer Utility Billing Rate for 2024. BACKGROUND: In addition to the sanitary sewer bills paid by Mendota Heights’ residents and businesses, there is also a flat-rate storm sewer utility fee applied to all the sewer bills sent out by the City which was first implemented in 1993. The storm sewer utility fee is $15.00 per quarter, or $60.00 per year. This fee was last updated in January of 2020. This fee creates the Storm Sewer Utility Fund, which is utilized for maintenance and upkeep of the City’s storm sewer pipes, catch basins, and pond inlets and outlets. Additionally, this fund has been utilized to provide funding for street reconstruction projects that include the installation of new storm sewers and has been used for stream bank erosion projects. The fund also supports curb cut rain gardens, watershed management organizations, and implementation of the city National Pollutant Discharge Elimination System (NPDES). The current residential rate is $15.00 per unit per year. The current charges provide approximately $450,000 per year in revenue of which only a fraction has been used for pond maintenance. FISCAL AND RESOURCE IMPACT: Staff is proposing a 20 percent increase (20%) to the storm sewer utility bringing the residential quarterly charge from $15.00 to $18.00. The quarterly residential charge was expected to increase to $16.50 per residential unit in 2018 per the Mendota Heights Surface Water Management Plan. 9cPage 77 of 79 Property Use Existing Fee Proposed Fee Residential $15.00 $18.00 Business/Industrial > 1 Acre $121.80/acre $123.43/acre Business/Industrial < 1 Acre $60.90/acre $61.71/acre Golf Course/Cemetery $15.00/acre $18.00/acre Institution $45.00/acre $54.00/acre The Business category was calculated by using an average impervious surface of 35% for a residential lot and converting this to the allowed 80 percent allowance for business/industrial properties. Without additional revenues, the Storm Water Utility fund will eventually deplete its reserve balances and the City will lose capability and flexibility in maintaining and improving its storm sewer infrastructure. Staff is proposing the storm water utility rate increase be implemented for the 2nd billing cycle of 2024. The new rate would then be collected starting in July. ATTACHMENTS: Resolution 2024-19 Authorizing Storm Sewer Usage Rates Beginning in the Second Quarter of 2024. CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government 78 of 79 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-19 RESOLUTION AUTHORIZING STORM WATER UTILITY RATES BEGINNING IN THE SECOND QUARTER OF 2024 WHEREAS, the City of Mendota Heights aspires to have a self-funded storm water utility for the residents and businesses of the City; and WHEREAS, annual expenditures have increased over the past several years; and WHEREAS, Storm Water Utility expenditures are anticipated to continue rising over the foreseeable future; and WHEREAS, the City of Mendota Heights has identified the need to raise storm sewer utility fees for 2024. NOW THEREFORE IT IS HERBY RESOLVED by the City Council of the City of Mendota Heights that the rate of charge for the use of the Storm Water Utility shall be set as follows effective the 2nd quarter of 2024 (to be billed in July 2024): Property Use 2024 Fee (Proposed) Residential $18.00 Business/Industrial > 1 Acre $123.43/acre Business/Industrial < 1 Acre $61.71/acre Golf Course/Cemetery $18.00/acre Institution $54.00/acre Adopted by the City Council of the City of Mendota Heights this sixteenth day of April, 2024. ATTEST: CITY COUNCIL CITY OF MENDOTA HEIGHTS By:______________________________________ Stephanie B. Levine, Mayor _______________________________ Nancy Bauer, City Clerk 79 of 79