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2024-05-21 City Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL MEETING AGENDA May 21, 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 the consent agenda will be taken up as the next order of business. a.Approve Minutes from the May 7, 2024, City Council Meeting b.Acknowledge the March 12, 2024, Parks and Recreation Commission Meeting Minutes c.Acknowledge the April 9, 2024, Parks and Recreation Commission Work Session Minutes d.Acknowledge March 20, 2024, Airport Relations Commission Meeting Minutes e.Approve a Joint Powers Agreement with Dakota County for Opioid Settlement Funds f.Approve Liquor License Renewals g.Approve Massage License Renewals h.Resolution 2024-24 Final Payment and Acceptance of the Centre Pointe Street Improvements i.Approve Purchase Order for Mendota Heights Road Lift Station Pump Replacement j.Resolution 2024-26 Accepting a Gift for a Park Bench Donation k.Approve Payment of Claims 7.PRESENTATIONS 8.PUBLIC HEARINGS 9.NEW AND UNFINISHED BUSINESS a.Resolution 2024-25 Recognizing National Public Works Week 10.COMMUNITY/CITY ADMINISTRATOR ANNOUNCEMENTS 11.CITY COUNCIL COMMENTS 12.ADJOURN Next Meeting June 4, 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 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA DRAFT Minutes of the Regular Meeting Held Tuesday, May 7, 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 Mayor 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 Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Bob Klepperich, 1092 Vail Drive, expressed the concerns of he and his wife, along with four of their neighbors about Aspen House Youth Shelter which is located at 2031 South Victoria and opened in 2022. He stated that there were 28 police calls in April to that property and asked that the City arrange for the operator of the shelter and a representative from Dakota County to attend an upcoming meeting to present information on Aspen House. He stated that there is an obvious increase in calls for police and emergency services to the property and they would be interested to know the risks involved. He stated that residents were told that this facility was a necessity for Dakota County and stated that Washington County was also involved. He stated that because beds were not being filled by Dakota County, the property is accepting clients from other counties. He asked for information on where the clients are coming from and whether the referrals are from social services or court orders. He stated that he would also be interested in the ages of those served and how offering services to other counties has impacted the services provided and calls for service from public safety. He stated that residents were told that neighbors would be provided opportunities to provide input at regularly scheduled intervals, but has since been told that those meetings are not open to those that do not share the vision of the organization. He stated that he was able to attend one meeting where the focus was on private fundraising to provide clients with clothing and other necessities, as well as spending money for residents. He asked that appropriate parties be invited to a Page 1 of 66 6a May 7, 2024 Mendota Heights City Council Page 2 of 7 future Council meeting to address these concerns and questions and provide additional information on what is being done to curb the need for police services. CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Lorberbaum moved approval of the consent calendar as presented, pulling item H. a.Approval of April 16, 2024 City Council Minutes b. Approval of April 16, 2024 Council Work Session Minutes c.Acknowledge March 26, 2024 Planning Commission Meeting Minutes d. Resolution 2024-20 Accepting Donations for Portable Pitching Mounds e.Approve Purchase of Security Cameras for Mendakota Park f.Approve Purchase of Street Light Poles g. Approve T-Mobile Lease Amendment h. Approve Xcel Energy Encroachment Agreement i. Authorize Hire of Administrative Support Assistant j.Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS H)APPROVE XCEL ENERGY ENCROACHMENT AGREEMENT Councilor Paper asked for more information. Public Works Director Ryan Ruzek stated that the City has approved the plans for the project, noting that Xcel is proposing a pipe bridge system over the utilities. He stated that these would be floating slabs. He stated that he did require a structural analysis that these structures would not be detrimental to the utilities below. He noted that the trucks currently drive over the utilities and that puts more pressure on the utilities than the footings would. He stated that if work is needed on the utilities, Xcel would bring in equipment to lift the bridge system to provide that access to the City. Councilor Paper asked if the trucks would stop driving over this area once the project is completed. Public Works Director Ryan Ruzek confirmed that would be the intent. Councilor Paper commented that there are concrete pipes underground that have been there for 50 years, and they can start to get compromised. Public Works Director Ryan Ruzek commented that a registered structural engineer did sign off on the work. Councilor Paper moved to approve XCEL ENERGY ENCROACHMENT AGREEMENT. Page 2 of 66 May 7, 2024 Mendota Heights City Council Page 3 of 7 Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PRESENTATIONS No items scheduled. PUBLIC HEARING A) ORDINANCE 588 AMENDING CITY CODE 9-6-1(a) AND APPROVING AMENDMENTS TO THE FEE SCHEDULE FOR 2024 1)APPROVE SUMMARY PUBLICATION OF ORDINANCE NO. 588 City Clerk Nancy Bauer explained that the Council was being asked to consider new code fees being proposed under code enforcement inspection fees, new building permit fees and to correct and clarify previously included city fees. The adoption of a fee schedule requires a public hearing to allow citizen input. Councilor Lorberbaum moved to open the public hearing. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 There being no one coming forward to speak, Councilor Lorberbaum moved to close the public hearing. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 Councilor Mazzitello moved to adopt ORDINANCE NO. 588 AMENDING CITY CODE SECTION 9- 6-1(A) TO ADD REINSPECTION FEES. Councilor Paper seconded the motion. Further discussion: Councilor Mazzitello commented that this is not just an arbitrary increase in fees and asked staff for more information. City Administrator Cheryl Jacobson commented that the amendments to the fee schedule include code enforcement inspection fees that were the result of the Council workshop discussion to reinforce a code enforcement program. She stated that while the majority of violations are resolved after the first notice is sent, others require more follow-up and that is a cost to the City for staff time. She stated that the inspection fees are a part of a larger code enforcement program which the Council will be discussing. Mayor Levine acknowledged that most residents will address the issue after the first letter is sent, but this provides some teeth in enforcement for those that do not. Ayes: 4 Nays: 0 Page 3 of 66 May 7, 2024 Mendota Heights City Council Page 4 of 7 Councilor Mazzitello moved to approve SUMMARY PUBLICATION OF ORDINANCE NO. 588. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 NEW AND UNFINISHED BUSINESS A)RESOLUTION 2024-22 APPROVING A WETLANDS PERMIT AT 670 HIDDEN CREEK TRAIL (PLANNING CASE 2024-06) Community Development Manager Sarah Madden explained that the Council was being asked to consider Resolution 2024-22 approving a Wetlands Permit to allow the permitting and installation of a new in- ground swimming pool and associate site work and improvements at the property located at 670 Hidden Creek Trail. Councilor Lorberbaum stated that she visited the property, and it is a beautiful property. She noted one of the requirements is to make the best attempt to “come clean, leave clean”. Carlos Perez, applicant, replied that he is a designer and has a builder/landscaper that he works with and is well versed in those practices. He stated that he will pass that information to the appropriate party. Community Development Manager Sarah Madden clarified that it is more of an encouragement to follow that based on best efforts. She stated that the applicant has the ability to continue to work with staff to obtain any necessary information and/or clarification. Councilor Paper moved to adopt RESOLUTION NO. 2024-22 APPROVING A WETLANDS PERMIT AT 670 HIDDEN CREEK TRAIL, PLANNING CASE 2024-06. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 B)RESOLUTION 2024-23 APPROVING A MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) PERMIT AT 1902 GLENHILL ROAD (PLANNING CASE 2024-07) Community Development Manager Sarah Madden provided a brief background on this item. The Council was being asked to consider Resolution 2024-23 approving an MRCCA Permit to allow the permitting and installation of a new in-ground swimming pool and associated site work and improvements for the property at 1902 Glenhill Road. Councilor Mazzitello asked if the patio around the pool would be pavers or cast concrete. Erik Johnson, applicant, replied that they will be using pavers. Councilor Paper commented that he likes the idea of using mulch around the house. He stated that the landscaping plan was nice and clean. Page 4 of 66 May 7, 2024 Mendota Heights City Council Page 5 of 7 Councilor Lorberbaum referenced the “come clean, leave clean” item and asked how that would be accomplished. Mr. Johnson stated that if the landscaper has any questions, staff would be a great resource. Councilor Lorberbaum moved to adopt RESOLUTION NO. 2024-23 APPROVING A MISSISSIPPI RIVER CORRIDOR CRICITAL AREA (MRCCA) PERMIT AT 1902 GLENHILL ROAD, PLANNING CASE 2024-07. Councilor Mazzitello seconded the motion. Further discussion: Councilor Paper commented that there were two applications tonight which met all the checklist items and thanked staff for ensuring that is being done. Mayor Levine commended staff and the Planning Commission for thoroughly vetting applications prior to coming before the City Council. Ayes: 4 Nays: 0 C)RESOLUTION 2024-21 ACCEPTING BIDS AND AWARD CONTRACT FOR THE BRIDGEVIEW SHORES STREET IMPROVEMENTS Public Works Director Ryan Ruzek provided a brief background on this item. The Council was being asked to consider Resolution 2024-21 accepting bids and awarding contract for the Bridgewater Shores Street Improvements project. Councilor Mazzitello asked if these plans were developed by staff or a consultant. Public Works Director Ryan Ruzek replied that this project has been completed thus far by staff, with the exception of soil borings. He noted that construction management would also be contracted out. Councilor Mazzitello commented on the close bid amounts and noted that is a sign of great plans. Councilor Paper asked what set this project apart from Emerson Avenue, relating to the number of bids received. Public Works Director Ryan Ruzek commented that the previous project was bid earlier when people were hungry for work. Councilor Paper noted the comment that the bids were reviewed and asked what is done in that process. Public Works Director Ryan Ruzek replied that staff just ensures that the math is correct as these were hand drawn bids. Mayor Levine commented that the estimate was quite a bit higher, recognizing that the desire was to be conservative. Page 5 of 66 May 7, 2024 Mendota Heights City Council Page 6 of 7 Public Works Director Ryan Ruzek commented that there have been major price increases beginning in 2020 and therefore as prices start to decrease, staff still tend to err on the conservative side. Councilor Lorberbaum asked for more information on the franchise fees. Public Works Director Ryan Ruzek commented that the franchise fees could be allocated towards different items already covered in the levy. Councilor Lorberbaum asked where the franchise fees are collected. Public Works Director Ryan Ruzek provided additional details on the gas and electric franchise fees which were implemented in late-2023. Councilor Mazzitello commented that it is nice when a bid can be awarded to a local company. Councilor Mazzitello moved to adopt RESOLUTION NO. 2024-21 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE BRIDGEVIEW SHORES STREET IMPROVEMENTS PROJECT (PROJECT #202406). Councilor Lorberbaum seconded the motion. Further discussion: Mayor Levine commented that this is a large street project, however, there are many miles of streets that must be maintained in the community and therefore it is important to continue to follow the schedule. Ayes: 4 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Paper commented that this past weekend MHAA hosted a baseball tournament at Mendakota Park, recognizing the work of the volunteers to prepare the fields after the rain. He commented that hundreds of people attended and wanted to recognize the work of the volunteers. He stated that May is ALS awareness month, wished his son a happy birthday, and welcomed his favorite snowbird back to town. Councilor Lorberbaum commented that Mayor Levine provided a remarkable State of the City presentation earlier today, highlighting the things that make the community great. She stated that this weekend is Mother’s Day weekend and hoped the mothers out there enjoy the weekend. Councilor Mazzitello echoed the accolades on the State of the City address. He commented that it is pollinator awareness month and noted that it is important to recognize the efforts that can be made to Page 6 of 66 May 7, 2024 Mendota Heights City Council Page 7 of 7 support pollinators. He stated that this week is national nurses’ week, recognizing those heroes in healthcare. He stated that May is also military appreciation month, culminating with Memorial Day. He stated that 79 years ago tomorrow commemorated the end of the second world war in Europe. Mayor Levine thanked everyone that attended the State of the City event earlier today. She commented that May is ALS awareness month, recognizing that many people have been touched by that disease. She commended Councilor Miller who was recognized with 15 years of service for the Mendota Heights Fire Department. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 8:03 p.m. ____________________________________ Stephanie B. Levine Mayor ATTEST: _______________________________ Nancy Bauer City Clerk Page 7 of 66 Page 8 of 66 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING MINUTES MARCH 12, 2024 The March meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, March 12, 2024, at Mendota Heights City Hall, 1101 Victoria Curve. 1. Call to Order – Chair Jaffrey Blanks called the meeting to order at 6:30 p.m. 2. Roll Call – The following Commissioners were present: Chair Jaffrey Blanks, Commissioners: Tica Hanson, Stephanie Meyer, Michelle Muller, Jo Schifsky, Dan Sherer, and Michael Toth; absent: None. Student Representative: Meg Murphy. Staff present: Parks and Recreation Manager Meredith Lawrence, Recreation Coordinator Willow Eisfeldt, and Public Works Director Ryan Ruzek. 3. Pledge of Allegiance The Pledge of Allegiance was recited. 4. Approval of Agenda Motion Schifsky/second Muller, to approve the agenda. AYES 7: NAYS 0 5.a Approval of Minutes from February 13, 2024 Regular Meeting Motion Meyer/second Hanson to approve the minutes of the February 13, 2024 Parks and Recreation Commission Regular Meeting. AYES 7: NAYS 0 6.Citizen Comment Period (for items not on the agenda) None. 7.Acknowledgement of Reports Chair Blanks read the titles of the three updates (Par 3, Recreation, and Park Improvement Updates) and polled the Commissioners for questions. 7.a Par 3 Update Parks and Recreation Manager Meredith Lawrence reported that the course opened today for the season. She recognized the efforts of staff in making it possible to open the course. She stated that staff discussed the potential projects for the course with the City Council and provided an update on the projects that will move forward. She stated that the gas carts would be anticipated to arrive around April 1st. She noted that electric carts are not being pursued at this time because of a lack of capability to charge and store those. She stated that the City continues to work with Xcel through its partnership to look at energy efficient opportunities. 7.b Recreation Update Recreation Coordinator Willow Eisfeldt stated that summer registration opened on February 27th and provided an update on some of the programs still available for registration. She also highlighted upcoming events and programing activities. Ms. Lawrence recognized that the one-year anniversary for Ms. Eisfeldt is coming up and commented on the great work that she has done, which is evident by the full list of program and activity offerings. Page 9 of 66 6b 7.c Parks Improvement Update Parks and Recreation Manager Meredith Lawrence stated that with the early spring, the Rogers Lake skate park project will be wrapping up, anticipating a May opening for the park. She also hoped that the tennis court projects would be completed in the early spring and will provide a date for the ribbon cutting. She stated that the 2024 parks capital projects have been approved, providing the anticipated timeline for those projects. Commissioner Meyer asked for an update on the donations received by TRAA for the portable pitching mounds and the final amount requested. Ms. Lawrence commented that she is aware that one donation was received but has not been able to check in to determine if more donations were received. She stated that the Fresh Air Fridays initiative was also approved by the City Council and will move forward. Commissioner Meyer confirmed that this would begin on Earth Day and then a short survey would be used to gather data on whether residents participated in the initiative. Ms. Lawrence noted that the City’s communication team will be working with Ms. Ramirez going forward to coordinate marketing and promotion of the initiative. 7.d Park System Master Plan Update Parks and Recreation Manager Meredith Lawrence stated that the kickoff meeting with staff began on January 29th and the online survey and engagement is still available. She provided an update on the process and upcoming work, noting that she continues to meet with the consultants biweekly for updates and progress reports. Commissioner Schifsky asked if the QR code signs have been received and whether information could be added about the Master Plan process. Ms. Lawrence noted that the signs have begun to be installed and additional information could be added on the website about the Master Plan and engagement opportunities. Chair Blanks commented on some of the park events and opportunities for Commission members to participate in engagement with residents. Ms. Lawrence commented that three members can attend an event without posting for a quorum. She noted other stakeholder groups that could benefit from Commission participation. Chair Blanks asked that the Commission members look at the engagement opportunities between now and May and determine which opportunities they could attend. He also encouraged the members to think about other stakeholder groups they could connect with in the community to receive input, similar to the process the Commission did within recent years. Ms. Lawrence stated that she would be happy to join and provide materials for any meetings with those groups in order to assist in passing that information to the consultants. She also provided an update on the process with West St. Paul related to a potential community center. Commissioner Sherer encouraged staff and the Commission to think about ways to reach young families. Page 10 of 66 Ms. Lawrence stated that she is hoping to work with the schools to go in and complete engagement, similar to the bike and pedestrian plan. 7.e Parks and Recreation Strategic Planning Update Parks and Recreation Manager Meredith Lawrence provided the monthly update on the strategic planning initiatives. Commissioner Hanson asked for more information on the volunteer in the parks program. Ms. Lawrence provided different opportunities available for residents to volunteer within the parks, noting that more information can be found on the City website. 8.New Business 8.a Recreation Sponsorship Policy Parks and Recreation Manager Meredith Lawrence stated that staff has been following a non- official process/policy related to sponsoring of events and activities. The goal tonight is to develop a policy that would provide a roadmap for staff to ensure sponsors are treated equitably and provide staff with a method to approve/deny requests. She stated that while the Commission has been interested with sponsorships for events and activities as well as within the parks system, the Council did not support sponsorship within the parks system but did support that within events/activities and programing. She stated that the sponsorship will not impact the funds budgeted for events and programing, but will provide opportunity for enhancements. She reviewed the different elements of the draft policy. Commissioner Sherer asked if there would be a sponsorship level which would allow an event to be named after the donor. Ms. Lawrence replied that the City Council is not interested in naming rights for events. Commissioner Sherer referenced language in the draft policy and asked if that would prevent a restaurant which holds a liquor license from sponsoring an event. Ms. Lawrence replied that alcohol is allowed in the parks, although not glass or kegs, therefore those restaurants could sponsor events. She further explained the intent behind the language and how that was tweaked by legal counsel. Commissioner Hanson commented that the draft policy is very comprehensive. She asked the benefit that would be provided to a business sponsoring an event. Recreation Coordinator Willow Eisfeldt commented that businesses do receive recognition depending on the level of sponsorship, providing some examples. Commissioner Muller asked for details on the timing of the sponsorship donation received prior to an event versus the timing of a Council meeting for recognition. Ms. Lawrence explained that the Council accepts donations received after the fact. Commissioner Muller referenced the ability for sponsors to have a tent/table at Frozen Fun Fest and asked why that event was selected, noting that businesses may prefer the Parks Celebration event. Page 11 of 66 Ms. Eisfeldt replied that part of the issue is related to the availability of space. Ms. Lawrence commented that Frozen Fun Fest also has the business crawl and therefore was determined to be a good fit. She commented that there is a fine line in providing the sponsors the opportunity while ensuring that residents do not feel bombarded by marketing from businesses during the City events. Chair Blanks asked and received confirmation that businesses can request to sponsor specific events. Ms. Lawrence commented that they can make tweaks as they go forward to the pledge form once the policy is completed and adopted. Commissioner Sherer asked what would occur if a sponsorship exceeded the amount of a program. Ms. Eisfeldt commented that if the sponsorship was more than what was needed, those funds would be declined. She stated that the business could choose to sponsor a different event or apply to sponsor the event next year. Ms. Lawrence noted that could also be an opportunity to pilot a new event. Commissioner Hanson used the example of a pickleball company sponsoring an event which featured a pickleball tournament. She asked if that sponsor would be able to donate prizes for the tournament and whether that business could also set up a tent with merchandise for sale. Ms. Lawrence replied that they do have to be cautious of people selling on City property, therefore she would need to work with the City Clerk to determine if that would be an option. She stated that the City is not allowed to award gift cards or cash. Ms. Eisfeldt commented that they would mostly be focused on cash sponsorships, noting that the business can provide suggestions on how they would like those funds to be spent. She stated that they are not as interested in an in-kind donation as they would then have to place a value on that. Ms. Lawrence commented that an in-kind donation can be difficult as sometimes the City does not have a use for the items donated. She stated that sometimes sponsors are willing to provide space, which is a value and something that can be monetized as an in-kind donation. Commissioner Meyer referenced some minor typos for correction. She also referenced the continued use of “the City” and asked if that should be clarified to City Administrator, as people could interpret that as City Council when the decision seems to be made by staff. She asked what would happen if there was a platinum sponsor, but the sponsorship was not for the Frozen Fun Fest. She asked if a tent or table could be provided for the sponsored event, or whether additional language should be added stating that only applies to Frozen Fun Fest. Ms. Lawrence commented that the City policies commonly use that phrase “the City” as that is a general way to reference the City as a whole and therefore is comfortable continuing to use that language. Page 12 of 66 Ms. Eisfeldt stated that the platinum sponsorship is not solely for one event and could be used for any combination of events on the form. She stated that they do not want the events to be business oriented with residents bombarded by marketing and promotions from businesses and therefore are restricting the table/tent element to Frozen Fun Fest. Commissioner Muller commented that perhaps a secondary summer event would be helpful where tents/tables would be allowed as some vendors may be more summer oriented. Ms. Eisfeldt commented that staff could look into adding that option for another event. Ms. Lawrence commented that this will be the first trial year and while the policy will remain the same, they can review this after the first year to determine any changes that should be made to the pledge form. Commissioner Muller commented that she does like the picture included of the fishing derby and perhaps another picture could be included of another locations, such as Mendakota. Ms. Lawrence commented that staff does have drone shots that will be included in the year in review video and noted that some of those images could be pulled. Commissioner Meyer commented that perhaps there is additional clarification made to distinguish the one-time sponsorships versus the annual sponsorships. Ms. Lawrence welcomed any additional changes, noting that staff would like to bring this forward to the City Council for adoption. Motion Meyer/second Muller to recommend adoption of the Recreation Sponsorship Policy as discussed. AYES 7: NAYS 0 9.Unfinished Business 10.Staff Announcements Parks and Recreation Manager Meredith Lawrence shared the following announcements: •Staff recorded a video for the year in review, which will be shared at the City Council meeting next week •The Par 3 is open and tee times can be scheduled by calling the clubhouse •Seasonal staff is needed, applications are available online or in person at City Hall •Please fill out the survey related to the Park System Master Plan •Other events can be found on the City’s website 11.Student Representative Update Student Representative Murphy noted the parks have been busy with the warmer weather. Summer programing opportunities sound robust with more offerings for teens. 12.Commission Comments and Park Updates Commissioner Meyer •Happy anniversary to Ms. Eisfeldt and great work during the past year Page 13 of 66 •Marie and Mendakota are in great shape and people have been enjoying the pickleball courts •Great to see the dugout work started at Marie Commissioner Hanson •Valley View is a small park she visited today for the first time •Visited Civic Center and noticed the pitching mound •Marie Park will be a busy location with people out playing pickleball Commissioner Schifsky •Visited Wentworth last week and it was a bit quiet but would imagine it is busier this week •Spent time today at Ivy Falls and met some residents that would like to get involved. There was some concern with the swampy condition of the pond. Residents were interested in perhaps a buckthorn removal event. She noticed the stone retaining wall that could use some resetting. •Noted an area in the ball field that would need grading to address the lip Ms. Lawrence commented that staff is aware of the issue with the retaining wall and has plans to address that this year, potentially removing that wall and regrading that area. She noted that there is a schedule to grade the fields and could verify where that field is on the list. She noted where the field falls in the current schedule and advised that the Commission could discuss that priority list at the May meeting where the budget recommendations will be discussed and recommended. Chair Blanks •Has been at Valley Park the last few days and it has been busy, noting his kids enjoyed the playground •Market Square is great, and he looks forward to the music events Commissioner Muller •People were playing pickleball at Friendly Hills and her daughter enjoyed playing tennis •Kensington was quieter when they walked/biked through but noticed kids playing on the playground •She asked when bathrooms are opened Ms. Lawrence explained that bathrooms are opened once they are certain the overnight temperatures would not freeze the pipes, noting that is typically around April 1st. Commissioner Toth •He enjoys the passion that residents have for the dog park •Dog park users do a great job cleaning up after themselves and their dogs •Noticed the small dog area is uneven •Asked if there has been any thought to adding picnic tables or benches •Noticed residents fishing from the pier today at Rogers Lake •The ducks are back as well, and the lake looks great Ms. Lawrence commented that the dog park is still within an interim site designation under the Comprehensive Plan, even though it appears that area will continue to be a dog park. She noted concerns with digging given the proximity to Oheyawahe, but staff has discussed bringing Page 14 of 66 in dirt to complete some grading. She noted that the Master Plan will assist in planning for the future of the dog park and potential amenities. Commissioner Sherer •It has been nice to see people out in the parks and on the fields •Victoria Highland looks good, noting that the basketball hoop is in poor shape but is scheduled for replacement on the CIP •The basketball court gets a lot of use at Hagstrom King •Received a lot of comments and questions about the trees removed at Hagstrom King and around that area, noting that removal was related to EAB 13.Adjourn Motion Schifsky/Second Muller to adjourn the meeting at 8:17 PM AYES 7: NAYS 0 Minutes drafted by: Amanda Staple TimeSaver Off Site Secretarial, Inc. Page 15 of 66 Page 16 of 66 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Parks and Recreation Commission Work Session April 9, 2024 Pursuant to due call and notice thereof, a work session of the Parks and Recreation Commission, City of Mendota Heights, Minnesota was held at 1101 Victoria Curve, Mendota Heights, MN 55118. CALL TO ORDER Chair Jaffrey Blanks called the meeting to order at 5:04pm. Commissioners Jo Schifsky, Michael Toth, Tica Hanson, Michelle Muller (arrived at 5:17pm) and Dan Sherer (left at 5:30pm) were also present. Commissioner Steph Meyer was absent. City staff present included Meredith Lawrence, Parks and Recreation Director/Assistant Public Works Director. PARK SYSTEM MASTER PLAN COMMISSIONER ENGAGMENT Director Lawrence stated that Chair Blanks and Vice Chair Muller wanted to discuss the following: 1.Coordinate schedules for commissioners to attend recreation events to conduct engagement 2.Determine stakeholder groups that commissioners can connect with for engagement 3.Develop a goal for the number of postcards that Commissioners will hand out to residents of Mendota Heights through their various social and recreation channels The Commissioners planned who would attend the recreational events through May 22, which is the conclusion of Phase 1 of the Park System Master Plan Engagement. Director Lawrence discussed with Commissioners the goal of the engagement and what successful engagement consists of when having dialogue with residents. The Commissioners agreed to each hand out 50 post cards in person or via online platforms to Mendota Heights community members—through social clubs, homeowner’s associations, talking with their neighbors, youth groups, Facebook groups, etc. The Commission discussed their goal to obtain 1,000 community members’ opinions as part of the Park System Master Plan survey for Phase 1. The commission adjourned the meeting at 5:52pm. Minutes Taken By: Meredith Lawrence, Parks and Recreation Director/Assistant Public Works Director Page 17 of 66 6c Page 18 of 66 CITY OF MENDOTA HEIGHTS AIRPORT RELATIONS COMMISSION March 20, 2024  6:00 p.m. City Hall  1101 Victoria Curve A regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, March 20, 2024 at Mendota Heights City Hall, 1101 Victoria Curve. 1.CALL TO ORDER Chair Norling called the meeting to order at 6:00pm. Commissioners present: Norling, Sharma, Sloan, Neuharth, Bobbitt. Commissioners absent: Dunn, Hamiel. Staff present: City Administrator Jacobson and Administrative Coordinator Robertson. 2.ELECTION OF OFFICERS-CHAIR AND VICE CHAIR Commissioner Bobbitt nominated Gina Norling and Arvind Sharma as Chair and Vice Chair respectively. No other nominations were made. Motion to approve by Bobbitt, Second by Sloan. Motion Carried 5-0. 3.CONSENT AGENDA a.Approve Minutes from the January 24, 2024 Meeting b.Acknowledge Airport Operational Statistics Reports 1.Complaint Information 2.Runway Use Information 3.Noise Monitor Information Chair Norling approved the consent agenda. 4.PUBLIC COMMENTS NA 5.BUSINESS a.ARC 2024 Workplan City Administrator Jacobson commented that the workplan is valid for two years. Chair Norling suggested moving the third action item, “Mitigating City’s Air Noise Exposure” to the top of the workplan list. Commissioner Bobbitt also suggested making a high priority to inform residents. Commissioner Sharma noted this workplan still feels relevant and not time-bound, with ongoing action plan items that are still valid. He asked if there was a report needed for City Council. City Administrator Jacobson stated the report to Council can wait until the end of the two years workplan period, and by the end of 2024 there may also me more information to report regarding RNAV procedures. Commissioner Sloan suggested the end of the year report has historically worked well. Commissioner Neuharth agreed that having more RNAV information would be good to include in the end of the year report to Council. City Administrator Jacobson noted the Council has been kept informed of RNAV proceedings and would have the opportunity for a report in November or December. Page 19 of 66 6d Commissioner Bobbitt recommended leaving the workplan as is and noted that eight action items is a lot. City Administrator Jacobson noted there will be a joint meeting with Eagan’s ARC in November; host site to be determined. She also suggested hosting a MAC/NOC listening session open to residents this fall or winter. Commissioner Sharma suggested adding an “accomplishments” section to the workplan. 6.INFORMATION AND CORRESPONDENCE City Administrator Jacobson reported that 12L will be closed from June to September for construction. She stated this construction news will be shared on the City’s website and Friday News avenues. City Administrator Jacobson also noted that 12R plans to be closed in two phases over the summer of 2025. There are no other RNAV updates and no response yet from the FAA regarding the commission’s requests. 7.ANNOUNCEMENTS AND COMMISSIONER COMMENTS Chair Norling asked if commissioners had a chance to attend the open meeting law training. Commissioner Bobbitt gave good feedback on the training and added he’d like to see something similar done for budget work. Commissioner Sharma asked if there was any news from the NOC meeting that was held today. City Administrator Jacobson shared that the noise contour would be expanding a bit and there were construction updates as discussed earlier. 8.ADJOURN Motion by Neuharth and second by Sharma to adjourn the meeting. Motion carried 5-0. Chair Norling adjourned the meeting at 6:31pm. Page 20 of 66 _________________________________________________ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: May 21, 2024 AGENDA ITEM: Joint Powers Agreement with Dakota County Regarding Opioid Settlement Funds ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Police CONTACT: Kelly McCarthy, Police Chief Cheryl Jacobson, City Administrator ACTION REQUEST: Approve a Joint Powers Agreement with Dakota County for Opioid Settlement Funds. BACKGROUND: As determined by the State of Minnesota, money from the National Opioid Settlement was distributed based on a formula to all Minnesota counties as well as any municipalities with a population over 30,000. Money was allocated for cities with populations under 30,000, but it was distributed to the county the municipality lies within. Dakota County has agreed to provide National Opioid Settlement money back to cities in the form of grants. They are basing the total available amount on the formula originally used by the State. The total amount being made available to Mendota Heights is $15,451.00 for use through July 1, 2026. This arrangement requires a Joint Powers Agreement, and the funds must be used in accordance with State requirements in combatting the opioid epidemic. FISCAL AND RESOURCE IMPACT: There are no additional costs anticipated by entering the JPA. The JPA will provide $15,451.00 for programming, services and other costs related to the opioid epidemic. ATTACHMENTS: Joint Powers Agreement -Dakota County/Mendota Heights for Opioid Settlement Funds CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship ☐Premier Public Services & Infrastructure ☒Inclusive & Responsive Government Page 21 of 66 6e Dakota County Contract # Dakota County Contract # JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND This Joint Powers Agreement (“Agreement”) is entered into by and between the County of Dakota, a political subdivision of the State of Minnesota, by and through its Department of Public Health, and the City of Mendota Heights, 1101 Victoria Curve, Mendota Heights, MN 55118 (“Contractor”), by and through their respective governing bodies. RECITALS WHEREAS, the County and the Contractor are governmental units as that term is defined in Minn. Stat. §471.59; and WHEREAS, under Minn. Stat. §471.59, subd.1, two or more governmental units may enter into an agreement to cooperatively exercise any power common to the contracting Parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, the County has received funds from the National Opioid Settlement; and WHEREAS, the County is permitted to make grants of Opioid Settlement Funds to recipients who spend the funds in compliance with the Amended Minnesota Opioids State-Subdivision Memorandum of Agreement (MOA); and WHEREAS, the County is providing Contractor with Opioid Settlement Funds described herein based the grant expenditure requirements outlined in Exhibit 2, Service Grid. NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the County and Contractor hereby agree as follows: 1.Effective Date. This Agreement shall be effective as of the later date of signature by the parties through July 1, 2026. 2. Purpose. The purpose of this Agreement is to provide Opioid Settlement Funds from the County to the Contractor. Such funds shall be used by the Contractor solely for the purposes described in Exhibit 2, Service Grid. 3. Contractor’s obligations under Opioid Settlement Agreements. The grant funds provided to Contractor under this agreement are subject to the terms and conditions contained in both the Amended Minnesota Opioids State-Subdivision Memorandum of Agreement document (“MOA”), which can be found at: https://www.ag.state.mn.us/opioids/docs/MN_MoA.pdf, and the Reporting and Compliance Addendum document, which can be found at: https://www.ag.state.mn.us/opioids/docs/MN_MOA_ReportingAddendum.pdf (“Addendum to MOA”). Contractor agrees to comply with all terms and conditions that are applicable to Participating Local Governments, recipients and grantees under such MOA and Addendum. In accordance with Part III., Section D of the MOA, Participating Local Governments may make contracts with or grants to a nonprofit, charity, or other entity with Opioid Settlement Funds. CITY OF MENDOTA HEIGHTS, MINNESOTA Page 22 of 66 Dakota County Contract # Dakota County Contract # Under the Addendum to MOA, Part I. Section f, a Participating Local Government that receives Opioid Settlement Funds and grants those funds to subrecipients or grantees, including to other Local Governments, is responsible for monitoring and tracking the distribution and use of those funds to satisfy the entity’s reporting obligations. Contractor therefore must comply with such monitoring and tracking requirements for the funds it receives under this Agreement. Pursuant to the Addendum to MOA Part II, Section b, all grantees and subrecipients must comply with Minnesota Statutes section 16C.05, subdivision 5. Subrecipients and grantees must also comply with the Minnesota Government Data Practices Act, as provided by Minnesota Statutes section 13.05, subdivision 11.” Under Section C, all Participating Local Governments must maintain, for a period of at least six years, records of Opioid Settlement Fund expenditures and documents underlying those expenditures. 4. County Obligations. The County agrees to reimburse the Contractor in an amount not to exceed $ 15,451.00 for costs incurred in performing services fulfilling the Purpose described above from the Effective Date through July 1, 2026. 5. Reimbursement and Reporting. After this Agreement has been executed by both parties, the Contractor may claim reimbursement for expenditures incurred in connection with the performance of activities that are eligible for reimbursement in accordance with this Agreement. The County will reimburse the Contractor within 45 calendar days of the Contractor’s submission of invoices to the County. Invoices must be submitted using the form in Exhibit 3. All requests for reimbursement must be submitted as outlined in Exhibit 2, Service Grid. The Contractor must certify that the requested reimbursements are accurate, appropriate and eligible in accordance with the Amended Minnesota Opioids State-Subdivision Memorandum of Agreement (MOA), which states the following in part: 1. Opioid Settlement Funds can be used for a purpose when the Governing Body includes in its budget or passes a separate resolution authorizing the expenditure of a stated amount of Opioid Settlement Funds for that purpose or those purposes during a specified period of time. 2. The budget or resolution must (i) indicate that it is an authorization for expenditures of opioid settlement funds; (ii) state the specific strategy or strategies the county or city intends to fund, using the item letter and/or number in Exhibit A to identify each funded strategy, if applicable; and (iii) state the amount dedicated to each strategy for a stated period of time. 6.Authorized Representatives. The following named persons are designated as the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications only to the extent authorized by a specific resolution of the party’s governing board. Notice required to be provided pursuant this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification to this Agreement. The County's Authorized Representative is: Marti Fischbach, Community Services Director Telephone: 651-554-5742 Email: Marti.Fischbach@co.dakota.mn.us Page 23 of 66 Dakota County Contract # Dakota County Contract # Liz Oberding, has the responsibility to monitor the Contractor’s performance pursuant to this Agreement and the authority to approve invoices submitted for reimbursement. The Contractor’s Authorized Representative is: Kelly McCarthy, Police Chief Telephone: 651-255-1141 Email: kmccarthy@mendotaheightsmn.gov The parties shall provide written notification to each other of any change to the Authorized Representative. Such written notification shall be effective to change the designated liaison under this Agreement, without necessitating an amendment of this Agreement. 7. Assignment. The Contractor may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the County and a fully executed assignment agreement, executed by the County and the Contractor. 8. Use of Subcontractors. The Contractor shall not engage subcontractors under this Agreement without the written consent of the County. It is the Contractor’s responsibility to make sure all subcontractors are subject to the provisions of this Agreement that are applicable to the Contractor. 9.Indemnification. To the fullest extent permitted by law, Contractor agrees to indemnify the County, its officers, employees, agents, and others acting on its behalf and to hold them harmless and defend and protect them from and against any and all loss, damage, liability, cost and expense, specifically including reasonable attorneys’ fees and other costs and expenses of defense, for any actions, claims or proceedings of any sort which are caused by any act or omission of Contractor, its officers, employees, agents, subcontractors, invitees, or any other person(s) or entity(ies) for whose acts or omissions Contractor may be legally responsible. Nothing herein shall be construed as a waiver by Contractor of any of the immunities or limitations of liability to which it may be entitled pursuant to Minn. Stat. Ch. 466 or any other statute or law. 10.Insurance Terms. In order to protect itself and to protect the County under the indemnity provisions set forth above, Contractor shall, at its expense, procure and maintain policies of insurance covering the term of this Agreement. All retentions and deductibles under such policies shall be paid by the Contractor. 11. Audit. The Contractor shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the work performed pursuant to this Agreement. Upon request the Contractor shall allow the County, Legislative Auditor or the State Auditor to inspect, audit, copy or abstract all of the books, records, papers or other documents relevant to this Agreement. The Contractor shall use generally accepted accounting principles in the maintenance of such books and records, and shall retain all of such books, records, documents and other evidence for a period of six (6) years from the date of the completion of the activities funded by this Agreement. 12.Data Practices. The Contractor agrees with respect to any data that it possesses regarding the Agreement to comply with all of the provisions of the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as the same may be amended from time to time. Page 24 of 66 Dakota County Contract # Dakota County Contract # 13.Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the County and the Contractor, nor shall the County be considered or deemed to be an agent, representative or employee of the Contractor in the performance of this Agreement. Personnel of the Contractor or other persons while engaging in the performance of this Agreement shall not be considered employees of the County and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. 14. Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be with the appropriate state court with competent jurisdiction in Dakota County. 15.Compliance with Law. The Contractor agrees to conduct its work under this Agreement in compliance with all applicable provisions of federal, state, and local laws, ordinances, or regulations, and further agrees to comply with Exhibit 1, Standard Assurances. The Contractor is responsible for obtaining and complying with all federal, state, or local permits, licenses, and authorizations necessary for performing the work. 16.Default and Remedies. (a)Events of Default. The following shall, unless waived in writing by the County, constitute an event of default under this Agreement: If the Contractor fails to fully comply with any material provision, term, or condition contained in this Agreement. (b)Notice of Event of Default and Opportunity to Cure. Upon the County's giving the Contractor written notice of an event of default, the Contractor shall have thirty (30) calendar days in which to cure such event of default, or such longer period of time as may be reasonably necessary so long as the Contractor is using its best efforts to cure and is making reasonable progress in curing such events of default (the “Cure Period”). In no event shall the Cure Period for any event of default exceed two (2) months. Within ten (10) calendar days after receipt of notice of an event of default, the Contractor shall propose in writing the actions that the Contractor proposes to take and the schedule required to cure the event of default. (c)Remedies. Upon the Contractor’s failure to cure an event of default within the Cure Period, the County may enforce any or all of the following remedies, as applicable: (1)The County may refrain from disbursing the settlement monies; provided, however, the County may make such a disbursement after the occurrence of an event of default without thereby waiving its rights and remedies hereunder. (2)The County may enforce any additional remedies it may have in law or equity. (3)The County may terminate this Agreement and its obligation to provide funds under this Agreement for cause by providing thirty (30) days’ written notice to the Contractor. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall be a material breach of this Agreement and any supplemental agreement or modification to this Agreement or an event of default. Notice of Termination Page 25 of 66 Dakota County Contract # Dakota County Contract # shall be made by certified mail or personal delivery to the Authorized Representative of the other Party. For purposes of termination and default, all days are calendar days. 17.Non-Appropriation. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated immediately by the County in the event sufficient funds from the County, State, Federal or other sources are not appropriated, obtained and continued at least the level relied on for the funding of this Agreement, and the non-appropriation of funds did not result from any act or bad faith on the part of the County. 18.Intellectual Property Rights. The Contractor represents and warrants that Materials produced or used under this Agreement do not and will not infringe upon any intellectual property rights of another. Contractor shall indemnify and defend the County, at its expense, from any action or claim brought against the County to the extent that it is based on a claim that all or parts of the Materials infringe upon the intellectual property rights of another. 19. Exhibits. The following exhibits are attached to and incorporated within this JPA. Exhibit 1: Standard Assurances; Exhibit 2: Service Grid; Exhibit 3: Invoice Form. 21.Waiver. If the County fails to enforce any provision of this Agreement, that failure shall not result in a waiver of the right to enforce the same or another provision of this Agreement. 22.Complete Agreement. This Agreement and Exhibits contain all negotiations and agreements between the County and the Contractor. Any amendment to this Agreement must be in writing and executed by the County and the Contractor. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. In the event of a conflict between the terms of any Exhibit and the body of this Agreement, this Agreement shall control. Page 26 of 66 Dakota County Contract # Dakota County Contract # IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to form: COUNTY OF DAKOTA Assistant County Attorney/Date By: Title: Dakota County Contract Dakota County BR 22- Date: CITY OF MENDOTA HEIGHTS, MN CONTRACTOR By: Title: Date: Page 27 of 66 Dakota County Contract # Dakota County Contract # EXHIBIT 1 STANDARD ASSURANCES 1.NON-DISCRIMINATION. During the performance of this Contract, the Contractor shall not unlawfully discriminate against any employee or applicant for employment because the person is a member of a protected class under, and as defined by, federal law or Minnesota state law including, but not limited to, race, color, creed, religion, sex, gender, gender identity, pregnancy, national origin, disability, sexual orientation, age, familial status, marital status, veteran’s status, or public assistance status. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without unlawful discrimination. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices which set forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, sex, national origin, disability, sexual orientation, age, marital status, veteran’s status, or public assistance status. No funds received under this Contract shall be used to provide religious or sectarian training or services. The Contractor shall comply with any applicable federal or state law regarding non-discrimination. The following list includes, but is not meant to limit, laws which may be applicable: A.The Equal Employment Opportunity Act of 1972, as amended, 42 U.S.C. § 2000e et seq. which prohibits discrimination in employment because of race, color, religion, sex, or national origin. B.Equal Employment Opportunity-Executive Order No.11246, 30 FR 12319, signed September 24, 1965, as amended, which is incorporated herein by reference, and prohibits discrimination by U.S. Government contractors and subcontractors because of race, color, religion, sex, or national origin. C.The Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq. and 45 C.F.R. 84.3 (J) and (K) implementing Sec. 504 of the Act which prohibits discrimination against qualified handicapped persons in the access to or participation in federally funded services or employment. D.The Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. as amended, and Minn. Stat. § 181.81, which generally prohibit discrimination because of age. E.The Equal Pay Act of 1963, as amended, 29 U.S.C. § 206(d), which provides that an employer may not discriminate on the basis of sex by paying employees of different sexes differently for the same work. F.Minn. Stat. Ch. 363A, as amended, which generally prohibits discrimination because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age. G.Minn. Stat. § 181.59 which prohibits discrimination against any person by reason of race, creed, or color in any state or political subdivision contract for materials, supplies, or construction. Violation of this section is a misdemeanor and any second or subsequent violation of these terms may be cause for forfeiture of all sums due under the Contract. H.Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 through 12213, 47 U.S.C. §§ 225, 611, with regulations at 29 C.F.R. § 1630, which prohibits discrimination against qualified individuals on the basis of a disability in term, condition, or privilege of employment. I.Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq. and including 45 CFR Part 80, prohibits recipients, including their contractors and subcontractors, of federal financial assistance from discriminating on the basis of race, color or national origin which includes not discriminating against those persons with limited English proficiency. J.The Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq which prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. K.Equal Protection of the Laws for Faith-based and Community Organizations-Executive Order No. 13279, signed December 12, 2002 and as amended May 3, 2018. Prohibits discrimination against grant seeking organizations on the basis of religion in the administration or distribution of federal financial assistance under social service programs, including grants and loans. L. Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, with regulations at 41 C.F.R. Part 60-250, which prohibits discrimination in employment against protected veterans. Page 28 of 66 Dakota County Contract # Dakota County Contract # 2.DATA PRIVACY. For purposes of this Contract, all data created, collected, received, stored, used, maintained, or disseminated by Contractor in the performance of this Contract are subject to the requirements of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (“MGDPA”) and the Minnesota Rules implementing the MGDPA. Contractor must comply with the MGDPA as if it were a governmental entity. The remedies in Minn. Stat. § 13.08 apply to the Contractor. Contractor does not have a duty to provide access to public data to a data requestor if the public data are available from the County, except as required by the terms of this Contract. If Contractor is a subrecipient of federal grant funds under this Contract, it will comply with the federal requirements for the safeguarding of protected personally identifiable information (“Protected PII”) as required in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, and the County Protected PII procedures, which are available upon request. Additionally, Contractor must comply with any other applicable laws on data privacy. All subcontracts shall contain the same or similar data practices compliance requirements. 3.RECORDS DISCLOSURE/RETENTION. Contractor's bonds, records, documents, papers, accounting procedures and practices, and other evidences relevant to this Contract are subject to the examination, duplication, transcription, and audit by the County and either the Legislative or State Auditor, pursuant to Minn. Stat. § 16C.05, subd. 5. Such evidences are also subject to review by the Comptroller General of the United States, or a duly authorized representative, if federal funds are used for any work under this Contract. The Contractor agrees to maintain such evidences for a period of six (6) years from the date services or payment were last provided or made or longer if any audit in progress requires a longer retention period. 4.WORKER HEALTH, SAFETY AND TRAINING. Contractor shall be solely responsible for the health and safety of its employees in connection with the work performed under this Contract. Contractor shall make arrangements to ensure the health and safety of all subcontractors and other persons who may perform work in connection with this Contract. Contractor shall ensure all personnel of Contractor and subcontractors are properly trained and supervised and, when applicable, duly licensed or certified appropriate to the tasks engaged in under this Contract. Each Contractor shall comply with federal, state, and local occupational safety and health standards, regulations, and rules promulgated pursuant to the Occupational Health and Safety Act which are applicable to the work to be performed by Contractor. 5.PROHIBITED TELLECOMMUNICATIONS EQUIPMENT/SERVICES. If Contractor is a subrecipient of federal grant funds under this Contract, Contractor certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018) (the “Act”), and 2 CFR § 200.216, Contractor will not use funding covered by this Contract to procure or obtain, or to extend, renew, or enter into any contract to procure or obtain, any equipment, system, or service that uses "covered telecommunications equipment or services" (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or as critical technology as part of any system. Contractor will include this certification as a flow down clause in any agreement related to this Contract. 6.CONTRACTOR GOOD STANDING. If Contractor is not an individual, Contractor must be registered to do business in Minnesota with the Office of the Minnesota Secretary of State and shall maintain an active/in good standing status with the Office of the Minnesota Secretary of State and shall notify County of any changes in status within five calendar days of such change. Business entities formed under the laws of a jurisdiction other than Minnesota must maintain a certificate of authority (foreign corporations, limited liability companies, limited partnerships, and limited liability limited partnerships), or a statement of foreign qualification (foreign limited liability partnerships), or a statement of partnership authority (general partnerships). See Minn. Stat. §§ 303.03 (corporations); 322C.0802 (limited liability companies); 321.0902 and 321.0907 (foreign limited partnership); 321.0102(7) (foreign limited liability limited partnerships); 323A.1102(a) (foreign limited liability partnership); 321.0902 and 321.0907 (foreign general partnerships). 7.CONTRACTOR DEBARMENT, SUSPENSION, AND RESPONSIBILITY CERTIFICATION. Federal Regulation 45 CFR 92.35 prohibits the State/Agency from purchasing goods or services with federal money from vendors who have been suspended or debarred by the federal government. Similarly, Minn. Stat. § 16C.03, subd. 2 provides the Commissioner of Administration with the authority to debar and suspend vendors who seek to contract with the State/Agency. Vendors may be suspended or debarred when it is determined, through a duly authorized hearing process, that they have abused the public trust in a serious manner. Page 29 of 66 Dakota County Contract # Dakota County Contract # By signing this Contract, the Contractor certifies that it and its principals* and employees: A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from transacting business by or with any federal, state, or local governmental department or agency; and B.Have not within a three (3) year period preceding this Contract: 1) been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract; 2) violated any federal or state antitrust statutes; or 3) committed embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and C.Are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: 1) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction; 2) violating any federal or state antitrust statutes; or 3) committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and D.Are not aware of any information and possess no knowledge that any subcontractor(s) that will perform work pursuant to this Contract are in violation of any of the certifications set forth above; and E.Shall immediately give written notice to the Authorized Representative should Contractor come under investigation for allegations of fraud or a criminal offense in connection with obtaining, or performing a public (federal, state, or local government) transaction; violating any federal or state antitrust statutes; or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. *“Principals” for the purposes of this certification means officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within a business entity (e.g. general manager; plant manager; head of a subsidiary, division, or business segment and similar positions). 8.HEALTH DATA PRIVACY. When applicable to the Contractor’s duties under this Contract, the Contractor agrees to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HITECH), Minnesota Health Records Act, and any other applicable health data laws, rules, standards, and requirements in effect during the term of this Contract. 9.APPEALS. The Contractor shall assist the County in complying with the provisions of Minn. Stat. § 256.045, Administrative and Judicial Review of Human Services Matters, if applicable. 10.REPORTING. Contractor shall comply with the provisions of the "Child Abuse Reporting Act", Minn. Stat. § 626.556, as amended, and the "Vulnerable Adult Reporting Act", Minn. Stat. § 626.557, as amended, and any rules promulgated by the Minnesota Department of Human Services, implementing such Acts. 11.PSYCHOTHERAPISTS. Contractor has and shall continue to comply with the provisions of Minn. Stat. Ch. 604, as amended, with regard to any currently or formerly employed psychotherapists and/or applicants for psychotherapist positions. 12.EXCLUDED MEDICAL ASSISTANCE PROVIDERS. By signing this contract, Provider certifies that it is not excluded. 42 U.S.C. § 1397 et seq. (subch. XX) of the Social Security Act. 13.MDHS THIRD-PARTY BENEFICIARY. The following applies to contracts related to adult mental health services; see Minn. Stat. § 245.466, subd. 2. Contractor acknowledges and agrees that the Minnesota Department of Human Services is a third-party beneficiary and as a third-party beneficiary, is an affected party under this Contract. Contractor specifically acknowledges and agrees that the Minnesota Department of Human Services has standing to and may take any appropriate administrative action or sue Contractor for any appropriate relief in law or equity, including, but not limited to, rescission, damages, or specific performance of all or any part of the Contract between the County Board and Contractor. Contractor specifically acknowledges that the County Board and the Minnesota Department of Human Services are entitled to and may recover from Contractor reasonable attorneys' fees and costs and disbursements associated with any action taken under this paragraph that is successfully maintained. This provision shall not be construed to limit the rights of any party to the Contract or any other third Page 30 of 66 Dakota County Contract # Dakota County Contract # party beneficiary, nor shall it be construed as a waiver of immunity under the Eleventh Amendment to the United States Constitution or any other waiver of immunity. (Minn. Stat. § 245.466, subd. 3; Minn. R. 9525.1870, subp. 2). Attycv/Exh SA (Rev. 1-23) Directions for Online Access to Excluded Providers To ensure compliance with this regulation, identification of excluded entities and individuals can be found on the Office of Inspector General (OIG) website at https://oig.hhs.gov/exclusions/exclusions_list.asp Page 31 of 66 Dakota County Contract # Dakota County Contract # EXHIBIT 2 – Service Grid Purpose On October 3, 2023, County held a board workshop to discuss next steps related to the opioid response. As a part of that meeting, Public Health requested the provision of Opioid Settlement funding to cities in Dakota County with populations between 10,000 and 30,000, which includes Contractor, to support eligible activities in accordance with the Amended Minnesota Opioids State-Subdivision Memorandum of Agreement funded through the National Opioid Settlement Funds. Goal Provide Contractor with access to opioid settlement funds Service Expectations •Contractor may only use these funds in accordance with the Amended Minnesota Opioids State-Subdivision Memorandum Of Agreement and Minnesota Opioids State-Subdivision Memorandum of Agreement Reporting and Compliance Addendum found at the following links: o https://www.ag.state.mn.us/opioids/docs/MN_MoA.pdf o https://www.ag.state.mn.us/opioids/docs/MN_MOA_ReportingAddendum.pdf Process Measures In accordance with the Amended Minnesota Opioids State-Subdivision Memorandum of Agreement (MOA), the process for drawing from special revenue funds is as follows. 1.Opioid Settlement Funds can be used for a purpose when the Governing Body includes in its budget or passes a separate resolution authorizing the expenditure of a stated amount of Opioid Settlement Funds for that purpose or those purposes during a specified period of time. 2.The budget or resolution must (i) indicate that it is an authorization for expenditures of opioid settlement funds; (ii)state the specific strategy or strategies the County or Contractor intends to fund, using the item letter and/or number in Exhibit A to identify each funded strategy, if applicable; and (iii) state the amount dedicated to each strategy for a stated period of time. In accordance with Part III., Section D of the MOA, grant making is considered allowable such that participating Local Governments may make contracts with or grants to a nonprofit, charity, or other entity with Opioid Settlement Funds. Furthermore, under the Minnesota Opioids State-Subdivision Memorandum of Agreement Reporting and Compliance Addendum under Part I. Section F. “any Participating Local Government that directly receives Opioid Settlement Funds and grants those funds to subrecipients or grantees, including other Local Governments, is responsible for monitoring and tracking the distribution and use of those funds to satisfy the entity’s reporting obligations.” All grantees will further be “subject to audit and Data Practices Act. All contracts and pass-through disbursements of Opioid Settlement Funds to subrecipients or grantees must comply with Minnesota Statutes section 16C.05, subdivision 5. Subrecipients or grantees must comply with the Minnesota Government Data Practices Act, as provided by Minnesota Statutes section 13.05, subdivision 11.” Given these allowances, Contractor will be required to adhere to the process for drawing from special revenue funds, as outlined in the Part III, Section C of the MOA, which states City Council resolution is required for authorization of expenditures of Opioid Settlement funds. Page 32 of 66 Dakota County Contract # Dakota County Contract # Outcome Measures •Contractor must abide by the measures outlined in the Minnesota Opioids State-Subdivision Memorandum Of Agreement Reporting And Compliance Addendum o https://www.ag.state.mn.us/opioids/docs/MN_MOA_ReportingAddendum.pdf Reporting •Contractor must abide by the measures outlined in the Minnesota Opioids State-Subdivision Memorandum Of Agreement Reporting And Compliance Addendum o https://www.ag.state.mn.us/opioids/docs/MN_MOA_ReportingAddendum.pdf •Reporting is based on expenditures made during the calendar year (January-December) and should be due from cities no later than Feb. 15 of the following year. •Reporting is required in accordance to the DHS reporting addendum Appendix A o https://www.ag.state.mn.us/opioids/docs/MN_MOA_ReportingAddendum.pdf (found on last page) County Responsibilities •County will be responsible for submitting required reporting to DHS by March 31, annually. •Facilitate opportunities for Public Health staff to provide feedback on related strategies and work related to the expenditure of Opioid Settlement Funds •Collaboratively plan strategy and logistics for successful expenditure of Opioid Settlement Funds •Process invoices for the reimbursement of the use of funds Billing Procedures •County will be responsible for the processing of reimbursements for the use of funds •Invoice provided as Exhibit 3, shall be submitted to PHInvoices@co.dakota.mn.us via email. Include the specific city council resolution approving the expenditure for opioid settlement funds to this invoice The resolution must: (i)indicate that it is an authorization for expenditures of opioid settlement funds; (ii)state the specific strategy or strategies the county or city intends to fund, using the item letter and/or number in Exhibit A to identify each funded strategy, if applicable; and (iii)state the amount dedicated to each strategy for a stated period of time •The County shall make payment to Contractor within forty-five (45) days of the date on which the invoice is received, and services are accepted by the County. •If the invoice is incorrect, defective, or otherwise improper, the County will notify Contractor within ten (10) days of receiving the incorrect invoice. Upon receiving the corrected invoice from Contractor, the County will make payment within forty-five (45) days. Inclusion, Diversity & Equity The County embraces and supports person-centered practices and expects contractors to do the same. Person-centered practices are structured in a way to support a client’s comfort and ability to express choice, control, and direction in all aspects of service delivery and support. While the nature of some services and service deliveries is such that it must account for factors beyond the client’s choice, control and direction, including, but not limited to, the terms of this Contract, court orders, the safety of the client and others, and governing law, the County values consideration of the client’s perspective, knowing that services are more efficient and effective when aligned with client choice. Page 33 of 66 Dakota County Contract # Dakota County Contract # [For more information, refer to Person-Centered, Informed Choice and Transition Protocol, Minnesota Department of Human Services, issued 3/27/17 and updates.] The County further recognizes that pervasive racism, discrimination and other institutional and community biases, as well as harm from historical trauma, are experienced by cultural communities and that this may contribute to overrepresentation of cultural communities in some County services. Appropriate service delivery often requires open discussion considering the real-life experiences of the people served, paying attention to the impact of pervasive racism and bias. At the referral level, it means inquiring with families about how to integrate their family or individual culture into service delivery. At the service level, it includes attention to outcomes for families receiving services in order to assess whether effectiveness differs in cultural communities and responding to any differences. It is expected that while performing services for the County, the Contractor shall abstain from unacceptable behaviors including, but not limited to: •Racial, ethnic or discriminatory jokes or slurs; •Hostile, condemning, or demeaning communications, both verbal and written; •Behavior demonstrating disrespect, dishonesty, intimidation, or disruption to the work relationship; and •Retaliation against any person who reports or addresses unacceptable behavior. It is the responsibility of the Contractor to ensure staff delivering services for the County are aware of these expectations and trained as needed to ensure respectful, cooperative and professional conduct in interactions with County staff and clients. If the County experiences or receives a report of an unacceptable behavior, it will share the report with Contractor. The Contractor must inform the County of steps taken to remedy the unacceptable behavior within ten (10) working days. If the unacceptable behavior persists, the County may terminate the Contract pursuant to the termination provision in the Contract. Page 34 of 66 Dakota County Contract # Dakota County Contract # Exhibit 3 - Invoice Form Invoice #: Invoice Date: Contract #: Project Name: Opioid Settlement Funds Remit to: City of Mendota Heights Attn: Email: Phone: Bill to: Dakota County through its Public Health Department Attn: PH Invoices Email: PHInvoices@co.dakota.mn.us Phone: 651-554-6000 Instructions: 1.Attach the specific city council resolution approving the expenditure for opioid settlement funds to this invoice The resolution must: (iii)indicate that it is an authorization for expenditures of opioid settlement funds; (iv)state the specific strategy or strategies the county or city intends to fund, using the item letter and/or number in Exhibit A to identify each funded strategy, if applicable; and (iii)state the amount dedicated to each strategy for a stated period of time. 2. Note the letter and/or number from Exhibit A of the MOA in the table below Strategy in accordance to Exhibit A of the MOA (List of Opioid Remediation Uses) Detailed description of goods or services purchase Total Price Ex: Section F, Number 5.1 Invoices and receipts must be emailed to PHInvoices@co.dakota.mn.us Page 35 of 66 Page 36 of 66 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: May 21, 2024 AGENDA ITEM: Approve Liquor Licenses Renewals ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Administration CONTACT: Nancy Bauer, City Clerk ACTION REQUEST: Approve the renewal of current liquor licenses. BACKGROUND: Current liquor licenses will expire on June 30, 2024. Renewal applications have been received from the following: Off-Sale Liquor license: •Starlights 168 Liquor LLC dba Mendota Liquor Barrel, 766 North Plaza Drive On-Sale Intoxicating Liquor and Sunday Liquor licenses: •Felipe’s LLC dba Teresa’s Mexican Restaurant, 762 North Plaza Drive •Copperfield MH LLC dba The Copperfield Club On-Sale Liquor and Sunday Liquor licenses: •Mendakota Country Club, 2075 Mendakota Drive •Somerset Country Club, 1416 Dodd Road On-Sale Wine licenses: •King and I Thai Corporation dba King and I Thai, 760 North Plaza Drive •Windy City Pizza LLC dba Tommy Chicago’s Pizzeria, 730 Main Street On-Sale 3.2 percent Malt Liquor licenses: •King and I Thai Corporation dba King and I Thai, 760 North Plaza Drive •Windy City Pizza LLC dba Tommy Chicago’s Pizzeria, 730 Main Street Page 37 of 66 6f The license fees have been paid and completed application packets submitted. The background investigations have been conducted on the licensees with no negative findings on the above applicants. If approved by the City Council, the liquor licenses would be sent to the state Alcohol and Gambling Enforcement division for their approval and the renewed licenses would authorize the sale of alcohol through June 30, 2025. FISCAL AND RESOURCE IMPACT: N/A ATTACHMENTS: None CITY COUNCIL PRIORITY: ☒Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☒Inclusive and Responsive Government Page 38 of 66 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: May 21, 2024 AGENDA ITEM: Approve Massage License Renewals ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Administration CONTACT: Nancy Bauer, City Clerk ACTION REQUEST: Approve the renewal of current massage licenses. BACKGROUND: Current massage licenses will expire on June 30, 2024. The applicants listed below have submitted their applications to renew their licenses. Massage Business license renewal: Center for Integrative Massage dba Hush Therapeutic Massage Massage Therapists license renewals for Hush Therapeutic Massage: Christopher Bayard Mary Denison Gemar Duo, Sr. Ghenet Ghirmazion Amber Johnstin Lucy Kelleher Cynthia Larson Candace Linares Lindsey Monet Allison Penner-Hurst Nicole Steenerson Pa Thao Kimberley Willemsen Jill Young The license fees have been paid and completed application packets submitted. The background investigations have been conducted on the licensees with no negative findings on the above applicants. If approved by the City Council, the massage licenses would be effective July 1, 2024, to June 30, 2025. Page 39 of 66 6g FISCAL AND RESOURCE IMPACT: N/A ATTACHMENTS: None CITY COUNCIL PRIORITY: ☒Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☒Inclusive and Responsive Government Page 40 of 66 _________________________________________________ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: May 21, 2024 AGENDA ITEM: Approve Resolution 2020-24 Final Payment and Acceptance of the Centre Pointe Street Improvements Project 202107 ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Engineering CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: Approve Resolution No. 2024-24, to accept the work and approve the final payment for the Centre Pointe Improvements. The contract work for the project has been completed, inspected, and approved. The project is ready for final payment. This will start the one-year guarantee period. All required paperwork needed before the final payment can be issued has been submitted. BACKGROUND: The City Council awarded the contract to Bituminous Roadways at their June 7, 2022, City Council meeting for their low bid of $3,515,505.16. FISCAL AND RESOURCE IMPACT: The project costs were funded by special assessments, municipal bonds, municipal state aid, and utility funds. The final payment for this contract is $39,794.62, including retainage. The total costs for the project were $3,339,964.80. ATTACHMENTS: Resolution No. 2024-24 CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☐Inclusive & Responsive Government Page 41 of 66 6h CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-24 RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR THE CENTRE POINTE STREET IMPROVEMENTS, PROJECT 202107 WHEREAS, pursuant to a written contract with the City of Mendota Heights on May 26, 2022, with Bituminous Roadways, Inc. of Mendota Heights, MN, has satisfactorily completed the improvements for the Centre Pointe Street Improvements Project #202107, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract in the amount of $39,794.62, taking the contractor’s receipt in full. Adopted by the Mendota Heights City Council this twenty-first day of May 2024. CITY COUNCIL CITY OF MENDOTA HEIGHTS ______________________________ Stephanie B. Levine, Mayor ATTEST: Nancy Bauer, City Clerk Page 42 of 66 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: May 21, 2024 AGENDA ITEM: Approve Purchase Order for Mendota Heights Road Lift Station Pump Replacement ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Engineering CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: Approve a purchase order to replace pumps at the Mendota Heights Road lift station. BACKGROUND: Mendota Heights owns and operates six lift stations each with redundant pumps. The pumps vary in sizes depending on the amount of flows and height required to pump to. The Mendota Heights Road lift station has two pumps which alternate use to move 920 gallons per minute of wastewater with 94 feet of head pressure. Both of the two pumps at this lift station require significant staff maintenance and need replacement. The city received replacement submersible pump quotes from Electric Pump to install Flygt manufactured pumps and from General Repair Service to install Homa manufactured pumps. Given the variance in quotes and pump manufacturers received, staff enlisted a consultant, Bolton & Menk, to review both quotes and pump performance measures to ensure the pump selection was sufficient for the lift station needs. Bolton & Menk determined both pumps were sufficient to meet the capacity requirements of the existing station. FISCAL AND RESOURCE IMPACT: Staff solicited two quotes to replace both pumps which includes the purchase and installation of said pumps. The low quote from General Repair Service out of Vadnais Heights is for a total fee of $58,240.93. The second quote from Electric Pump had a total cost of $151,658.34. Staff recommends the purchase and installation of the Homa pumps through General Service Repair for a not to exceed amount of $58,240.93. Page 43 of 66 6i The pump replacement would be funded through the sanitary sewer utility fund which has an adequate balance to complete this repair. ATTACHMENTS: Bolton & Menk Memorandum CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship☒Premier Public Services & Infrastructure ☒Inclusive and Responsive Government Page 44 of 66 Https://boltonmenk-my.sharepoint.com/personal/kevinki_bolton-menk_com/Documents/Desktop/Mendota Heights/Mendota Heights Pump Analysis Memo 4-26-24.docx MEMORANDUM Date: April 26, 2024 To: Ryan Ruzek, P.E., City Engineer Lucas Ritchie, P.E., Assistant City Engineer From: Kaija Ornes-Ward, P.E. Copy: Kevin Kielb, P.E. Brian Guldan, P.E. Subject: Main Lift Station Pump Analysis Mendota Heights, MN Project No.: 0R1.134410 Proposed Pump Analysis The Mendota Heights Main Lift Station is a sanitary sewer lift station which consists of two dry pit submersible pumps that discharge into a 10-inch diameter forcemain, roughly 3,500 feet in length, which was constructed in 2013. An analysis was performed in 2002 to determine the capacity requirements for the forcemain which accounted for average and peak flow rates. This analysis determined that pumps capable of delivering between 600 and 700 gpm are adequate for current and future conditions. The city will need to verify whether or not additional future development is expected to be served by this lift station. The city has received replacement submersible pump options from Electric Pump (Flygt) and General Repair (Homa), and these options are addressed in Table 1, below. Table 1- Pump Analysis Pump Manufacturer Expected Pumping Conditions Existing- Flygt CT 3201 HT 920 gpm at a total dynamic headloss of 94 feet Proposed- Flygt NT3202-462HT 920 gpm at a total dynamic headloss of 94 feet Proposed- Homa AK634-280-45.6FU 960 gpm at a total dynamic headloss of 100 feet Both of the proposed submersible pump options would meet the capacity requirements of the existing station, assuming that the discharge piping configuration stays substantially the same. The installation of either pump manufacturer may require piping modifications in the dry pit/pump room. The Homa pumps may require modifications to the discharge piping while the Flygt pumps would require modifications to the suction influent piping and removal and replacement of the pump base. Electric Page 45 of 66 Main Lift Station Pump Analysis Mendota Heights, MN Page: 2 https://boltonmenk-my.sharepoint.com/personal/kevinki_bolton-menk_com/Documents/Desktop/Mendota Heights/Mendota Heights Pump Analysis Memo 4-26-24.docx Pump (Flygt) and General Repair (HOMA) both have representatives in the greater metropolitan area for serviceability. VFD Analysis Along with new pumps, consideration is being given to whether there would be a benefit to adding variable frequency drives (VFDs) to control the pumps. Based on the electrical sheets from the 2003 construction plans and pictures from the Control Room provided by the city, there does not appear to be a programmable logic controller (PLC) included as part of the lift station controls. Without additional changes to the controls, including the addition of a PLC, the pump speed could not be controlled automatically. In other words, with VFDs added the city would have the option to manually adjust pump speeds using the VFDs if desired, but the pumps couldn’t be controlled based on flow pacing or wet well level. The VFDs could be programmed to soft-start and soft-stop the pumps if desired, to reduce wear on pump motors and potentially mitigate water hammer issues in the forcemain. If the city would like to move forward with installing VFDs to the existing station, additional electrical evaluation would be needed to determine the condition and capacity of the breaker and potential UL requirements. Based on the plans that were provided there may be room for the addition of VFDs along the south wall of the Control Room, but additional investigation is also needed to verify this. It is suggested that any electrical or controls improvement being considered at the station be evaluated together to determine if a larger upgrade project makes sense. Page 46 of 66 _________________________________________________ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: May 21, 2024 AGENDA ITEM: Resolution 2024-26 Accepting a Gift for a Park Bench Donation ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Parks and Recreation CONTACT: Meredith Lawrence, Parks and Recreation Director/Assistant Public Works Director ACTION REQUEST: Approve Resolution 2024-26 accepting a park bench donation from Laura Doty to be installed at Ivy Hills Park. BACKGROUND: The Park Bench Donation program was adopted in 2001. Through the program, a resident may donate a minimum of $1,500 to the city to offset the costs to purchase and install a park bench. Staff has received a park bench donation from Ms. Laura Doty to be installed at Ivy Hills Park near the pond. A map that is attached provides a pinpoint of where the bench is proposed to be installed. The bench would be South of the retaining wall adjacent to the bench that was installed during the Fall of 2023. Staff has walked the site with the resident and feels it would be a good location for the bench. The desired plaque language for the bench would read: In memory of Sue Doty, who enjoyed walking this path for decades. The City is grateful for the generosity of this financial donation. FISCAL AND RESOURCE IMPACT: The $1,600 donation will be used towards the purchase and installation of a park bench. Costs exceeding $1,600 will be drawn from the Parks Equipment/Maintenance budget. Page 47 of 66 6j ATTACHMENTS: Resolution 2024-26 Formally Accepting a Gift for a Park Bench Donation Park Bench Application Map of Preferred Location of Bench CITY COUNCIL PRIORITY: ☒Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☒Inclusive & Responsive Government Page 48 of 66 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-26 FORMALLY ACCEPTING A GIFT FOR A PARK BENCH DONATION WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 465.03 “Gifts to Municipalities”; and WHEREAS, the Minnesota Statute requires a resolution to accept gifts to municipalities; and WHEREAS, the City has previously acknowledged gifts with a resolution; and WHEREAS, the City Council of the City of Mendota Heights has duly considered this matter and wish to acknowledge the civic mindedness of citizens and officially recognize their donations. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Mendota Heights formally accepts $1,600 for a park bench donation from Laura Doty. The park bench is to be placed near the pond along the trail at Ivy Hills Park. Adopted by the City Council of the City of Mendota Heights this 21st day of May, 2024. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor ATTEST: _________________________ Nancy Bauer, City Clerk Page 49 of 66 Page 50 of 66 645 642 632 622 MAPLE PARK DR This ima gery is co p yrighted a n d licen sed by Nea rma p US In c, which reta in so wn ership o f the ima gery. It is bein g p ro vided by Da ko ta Co un ty un der theterms o f tha t licen se. Un der tha t licen se, Da ko ta Co un ty is a llo wed top ro vide a ccess to the “Offlin e Co p y Add-On fo r Go vern men t”, o n which thisima ge services is ba sed, a t 6-in ch reso lutio n , six mo n ths a fter the ca p tureda te, p ro vided the user a ckn o wledges tha t the ima gery will be used in theirn o rma l co urse o f busin ess a n d must n o t be reso ld o r distributed fo r the Park Bench Donation Da te: 5/30/2023 City o fMen do taHeights050 SCALE IN FEET GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. Pa rk Ben ch Lo ca tio n Page 51 of 66 Page 52 of 66 Page 53 of 66 6k Page 54 of 66 Page 55 of 66 Page 56 of 66 Page 57 of 66 Page 58 of 66 Page 59 of 66 Page 60 of 66 Page 61 of 66 Page 62 of 66 __________________________________________________ REQUEST FOR CITY COUNCIL ACTON MEETING DATE: May 21, 2024 AGENDA ITEM: Resolution 2024-25 Recognizing National Public Works Week ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing ☐New/Unfinished Business DEPARTMENT: Engineering CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: Approve Resolution 2024-25 recognizing National Public Works Week as the week of May 19, 2024, through May 25, 2024. BACKGROUND: Public Works staff provides vital and essential services to the City of Mendota Heights on a daily basis, often without formal acknowledgement. Whether it is snow plowing, street repair, sanitary sewer cleaning, water main and/or fire hydrant maintenance, parks maintenance, City owned landscape management, facility repair and maintenance, or inspecting and repairing the inlets and outlets to our stormwater ponds; our dedicated Public Works staff strives to make the City of Mendota Heights safer, healthier, and a great place to work, live, and play by providing premier quality of life services. Each year the American Public Works Association (APWA) sponsors “National Public Works Week” to help make and keep communities across the country aware of the important role public works and infrastructure plays in their everyday life. This public support is critical to the sustained efficient operation of Public Works facilities and infrastructure assets throughout the City. This year, APWA has set the week of May 19 through May 25 as “National Public Works Week.” Across the nation, municipalities are observing this week to honor their public works personnel and to educate residents and civic organizations about the significance of planning, designing, constructing, maintaining, managing, and operating municipal infrastructure. This infrastructure serves as the foundation of our communities, enhancing the quality of life for all. Page 63 of 66 9a This year’s theme is “Advancing Quality of Life for All”. By working together, the impact citizens and public works professionals can have on their communities is magnified and results in the ability to accomplish goals once thought unattainable. FISCAL AND RESOURCE IMPACT: There is no budgetary impact to recognizing “National Public Works Week.” ATTACHMENTS: Resolution 2024-25 CITY COUNCIL PRIORITY: ☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship ☒Premier Public Services & Infrastructure ☒Inclusive and Responsive Government Page 64 of 66 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-25 A RESOLUTION RECOGNIZING NATIONAL PUBLIC WORKS WEEK AS THE WEEK OF MAY 19, 2024, THROUGH MAY 25, 2024 WHEREAS, public works services provided in Mendota Heights are an integral part of our residents’ everyday lives; and WHEREAS, the support of an understanding and informed constituency is vital to the efficient operation of public works facilities and services such as water service, sanitary sewers, storm sewers, street maintenance, trails, park maintenance, and snow plowing; and WHEREAS, the health, safety, comfort, and quality of life of Mendota Heights residents greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities and services, as well as their planning, design, construction, and maintenance is critically dependent upon the efforts and skill of public works officials and staff; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff the public works department is materially influenced by the residents’ attitude and understanding of the importance of the work they perform; and WHEREAS, the 2024 theme of National Public Works Week is, “Advancing Quality of Life for All,” indicated by public works professionals advancing the quality of life by providing an infrastructure of services in transportation, water, wastewater, and stormwater treatment, public buildings and spaces, parks and grounds, emergency management and first response, solid waste, and right-of-way management. WHEREAS, it is the desire of the City of Mendota Heights to recognize the superior performance and dedication of its public works staff and honor the vital service they perform for the City on a daily basis. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the week of May 19 through May 25, 2024, is to be recognized as “National Public Works Week” in the City of Mendota Heights, Minnesota; and BE IT FURTHER RESOLVED that residents and civic organizations are called upon to familiarize themselves with the efforts necessary to provide Mendota Heights with the public works facilities and services we all enjoy, and to recognize the contributions made by public works staff every day toward out health, safety, comfort, and quality of life. Adopted by the City Council of the City of Mendota Heights this 21st day of May 2024. Resolution 2024-25 Recognizing National Public Works Week as the Week of May 19, 2024, through May 25, 2024 Page 65 of 66 Resolution 2024-25 Recognizing National Public Works Week as the Week of May 19, 2024, through May 25, 2024 2 CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor ATTEST: _________________________ Nancy Bauer, City Clerk Page 66 of 66