01 21 2025 CC PacketCITY OF MENDOTA HEIGHTS
CITY COUNCIL REGULAR MEETING AGENDA
January 21, 2025 at 7:00 PM
Mendota Heights City Hall, 1101 Victoria Curve, Mendota Heights
1.Call to Order
2.Roll Call
3.Pledge of Allegiance
4.Fire Department Pinning--Fire Chief Dan Johnson
5.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.
6.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.
7.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 January 7, 2025, City Council Meeting
b.Approve the City of Mendota Heights Fleet Safety Policy
c.Authorize Natural Resources Internship Position and Posting
d.Approve Cooperative Agreement with Tree Trust for the 2025 Tree Canopy Program
e.Acceptance of Minnesota Chiefs of Police Foundation Grant
f.Acknowledge October, November, and December 2024 Fire Synopses
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g.Approve Massage Therapist License
h.Approve November 2024 Treasurer's Report
i.Approve a Letter of Support for MnDOT Slope Stability Study on Highway 13
j.Authorize Master Services Agreement with I & S Group, Inc (ISG)
k.Approve Claims List
8.Presentations
9.Public Hearings
10.New and Unfinished Business
a.Resolution 2025-06 Appointments to City Advisory Commissions
b. Pavement Ratings Proposal
c.Cannabis Business Registration Ordinance Review
d.Request for Proposals--Ivy Hills Park Playground Replacement
11.Community / City Administrator Announcements
12.City Council Comments
13.Adjourn
Next Meeting
February 4, 2025 at 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
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6.a
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
DRAFT Minutes of the Regular Meeting
Held Tuesday, January 7, 2025
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.
City Clerk Bauer administered the Oath of Office to Mayor Levine and Councilors Maczko and Paper.
Councilor Maczko stated that he is humbled and honored to serve and represent the residents of Mendota
Heights, noting his previous service as Fire Chief. He commented that he has second and third generation
family now living in Mendota Heights. He introduced his family present tonight.
Councilor Paper thanked his family and the community for believing in him and continuing to allow him
to serve.
Mayor Levine congratulated Councilors Paper and Maczko. She commented that the past four years have
been incredibly productive and thanked the residents for their trust. She recognized the high standards
that the residents have for City staff and the Council and hoped to live up to those standards. She thanked
those in attendance tonight and the City staff.
Councilors Lorberbaum, Paper, Mazzitello, and Maczko, were also present.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda.
Councilor Paper seconded the motion.
Ayes: 5
Nays: 0
PUBLIC COMMENTS
No one from the public wished to be heard.
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January 7, 2025 Mendota Heights City Council Page 2 of 4
CONSENT AGENDA
Mayor Levine presented the consent agenda and explained the procedure for discussion and approval.
Councilor Lorberbaum moved approval of the consent agenda as presented.
a. Approval of December 17, 2024, City Council Minutes
b. Designate Acting Mayor for 2025
c. Designate Official Newspaper for 2025
d. Approve 2025 Financial Items and Authorize Finance Director to Execute Electronic Payments
and Prepay Claims
e. Approve Appointments to the Dakota 911 Board of Directors
f. Resolution 2025-01 Approving Municipal Appointments to Mendota Heights Fire Relief
Association Board of Trustees
g. Resolution 2025-02 Appointing Representatives to the Northern Dakota County Cable
Communications Commission (NDC4)
h. Accept the Resignation of Firefighter Emily Mahon
i. Authorize the Promotion of Madeline Spencer from Police Cadet to Police Officer
j. Approve Purchase Order for Sewer Grouting on Spring Street
k. Authorize Signing of the Partners in Energy Memorandum of Understanding
l. Resolution 2025-05 Approving Community Development Block Grant (CDBG) Funding
Application through Dakota County – Fiscal Year 2025
m. Approval of Claims List
Councilor Mazzitello seconded the motion.
Ayes: 5
Nays: 0
PRESENTATIONS
No items scheduled.
PUBLIC HEARING
A) ORDINANCE 598 AN ORDINANCE AMENDING THE FEE SCHEDULE
City Clerk Nancy Bauer explained that the Council was being asked to hold a public hearing to amend the
Fee Schedule for 2025. Following the public hearing the Council is asked to adopt Ordinance 598,
amending the Fee Schedule for 2025 and to approve the summary publication of the ordinance.
Councilor Paper moved to open the public hearing.
Councilor Mazzitello seconded the motion.
Ayes: 5
Nays: 0
There being no one coming forward to speak, Councilor Paper moved to close the public hearing.
Councilor Mazzitello seconded the motion.
Ayes: 5
Nays: 0
Councilor Mazzitello moved to adopt ORDINANCE NO. 598 AMENDING THE FEE SCHEDULE.
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January 7, 2025 Mendota Heights City Council Page 3 of 4
Councilor Lorberbaum seconded the motion.
Ayes: 5
Nays: 0
Councilor Mazzitello moved to approve SUMMARY PUBLICATION OF ORDINANCE NO. 598
AMENDING THE FEE SCHEDULE.
Councilor Lorberbaum seconded the motion.
Ayes: 5
Nays: 0
NEW AND UNFINISHED BUSINESS
A) AWARD PROFESSIONAL SERVICES CONTRACT FOR THE OHEYAWAHE CAPITAL
IMPROVEMENTS
Public Works Director Ryan Ruzek explained that the Council was being asked to authorize a professional
services contract for the Oheyawahe Capital Improvements.
Councilor Paper asked if the house remains on Valencour or just the garage.
Public Works Director Ryan Ruzek replied that only the garage remains as the other structures have been
removed.
Councilor Mazzitello commented that when the bids are grouped so close together that shows that the
RFP was well put together and complimented the staff for their great work.
Councilor Maczko asked if the garage is used for storage.
Public Works Director Ryan Ruzek replied that the use is undetermined, but one concept would be to
replace the garage doors and use the space for education. He confirmed that the garage is structurally
sound but may need new siding or roofing.
Councilor Maczko asked if the additional work that could be done has been prioritized in case there are
additional dollars to use.
Public Works Director Ryan Ruzek replied that burying the overhead power lines is a high-priority item,
however the cost to do so does not appear to fit within the budget. He stated that they will be working
with Xcel to review options.
Mayor Levine referenced the outdoor structures shown and asked if those were going to be included.
Public Works Director Ryan Ruzek replied that those were items added by the consultant but do not match
the vision of the site and therefore adjustments will be made.
Councilor Lorberbaum referenced the project schedule and asked if the Council will review decisions as
this moves along or whether this is the final approval.
Public Works Director Ryan Ruzek replied that there will be scheduled presentations to the City Council
throughout the process.
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January 7, 2025 Mendota Heights City Council Page 4 of 4
Councilor Lorberbaum moved to authorize AWARDING THE PROFESSIONAL SERVICES
CONTRACT FOR THE OHEYAWAHE CAPITAL IMPROVEMENTS.
Councilor Mazzitello seconded the motion.
Ayes: 5
Nays: 0
COMMUNITY ANNOUNCEMENTS
City Administrator Cheryl Jacobson announced upcoming community events and activities.
COUNCIL COMMENTS
Councilor Maczko stated that he is honored to be a part of the Council and hopes that residents remain
comfortable providing input on topics of interest to them.
Councilor Paper stated that one week ago a long-time resident passed away who was 51 years old and
very involved in the community. He commented on the quick response of the first responders. He noted
that a terrific community member was lost.
Councilor Lorberbaum congratulated those who were reelected and recognized the work that Councilor
Miller did as part of the Council. She welcomed Councilor Maczko and congratulated him.
Councilor Mazzitello welcomed Councilor Maczko and commented that it is an honor to serve with all
members of the Council. He stated that he was not in attendance at the December 17th meeting as he was
present at the Air Force graduation of his stepson. He stated that eight percent of that graduating class
were given the oath of citizenship as they chose service as their path to citizenship. He applauded all who
choose public service.
Mayor Levine wished Councilor Mazzitello a happy birthday.
ADJOURN
Councilor Mazzitello moved to adjourn.
Councilor Paper seconded the motion.
Ayes: 5
Nays: 0
Mayor Levine adjourned the meeting at 7:42 p.m.
____________________________________
Stephanie B. Levine
Mayor
ATTEST:
_______________________________
Nancy Bauer
City Clerk
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7.b
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: January 21, 2025
AGENDA ITEM: Approve the City of Mendota Heights Fleet Safety Policy
ITEM TYPE: Consent Item
DEPARTMENT: Administration CONTACT: Meredith Lawrence, Parks
and Recreation/Assistant
Public Works Director
Kelly Torkelson, Assistant
City Administrator
ACTION REQUEST:
Approve the City of Mendota Heights Fleet Safety Policy.
BACKGROUND:
The City of Mendota Heights provides city-owned vehicles for the use by staff conducting City
business. This policy outlines the use of non-public safety City vehicles and motorized
equipment to ensure that the City's assets are used safely, reasonably, and responsibly to
accomplish City services and operations. The City of Mendota Heights has always placed fleet
safety as a high priority. This policy formalizes existing expectations to provide clarity for staff
and supervisors regarding the use of city vehicles.
The attached Fleet Safety Policy revises the city's policy from 2013. Revisions formalize existing
expectations to provide clarity for staff and supervisors regarding the use of city vehicles. The
original dated policy was referenced in the development of the new policy.
This policy will be regularly reviewed by city staff and revised as needed to ensure continued
compliance with state law and organizational needs.
FISCAL AND RESOURCE IMPACT:
None.
ATTACHMENTS:
1. Mendota Heights Fleet Policy
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CITY COUNCIL PRIORITY:
Premier Public Services & Infrastructure, Environmental Sustainability & Stewardship
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City of Mendota Heights: Fleet Safety Policy
Adopted: February, 2025
A. PURPOSE
The City of Mendota Heights, herein referred to as the “City”, provides city-owned vehicles for the use by staff
conducting City business. The purpose of this policy is to govern the use of City vehicles and motorized
equipment by employees to ensure that City assets are used safely, reasonably, and responsibly to accomplish
City services and operations. It is the driver’s responsibility to operate the vehicle in a safe manner to prevent
injuries and property damage. The City requires the adherence to all applicable state motor vehicle regulations
relating to driver responsibility, in addition to the policy herein.
B. SCOPE
The City of Mendota Heights will set forth practices for the safe operation of motor vehicles owned and/or
operated by the City. These practices are designed for use by those who have the responsibility for the
administration and operation of motor vehicles as part of their employment with the City.
This policy applies to City employees who operate City-owned motor vehicles and motorized equipment. This
policy is in addition to Department of Transportation (DOT) requirements and the State of Minnesota driving
laws. This policy does not include Fire and Police Department vehicles, as those departments have their own
approved Fleet Safety policies in place.
C. REFERENCES
1. Minnesota Statute 169-Traffic Regulations
2. City of Mendota Heights City Code—Title 6 Motor Vehicles and Traffic Provisions
D. DEFINITIONS
A. Accident: An unplanned or unintended event or series of events that may: (a) result in death,
injury, loss of or damage to a system or service; (b) cause environmental damage; (c) adversely
affect an activity or function
B. Aggressive Driving: Driving in a selfish, bold, or pushy manner, without regard for the rights or
safety of other users of the roadway
C. Collision: An accident in which the first harmful event involves a motor vehicle in motion
coming in contact with another vehicle, other property, person(s), or animal(s)
D. Crash: An incident involving one or more motor vehicles in motion
E. Defensive Driving: A set of safe responses to potential hazards including, but not limited to,
other drivers, damaged road surfaces, debris and inclement weather
F. Distracted Driving: Diversion of the driver’s attention from the task of operating a motor
vehicle by activities, objects, or events inside or outside of the vehicle, or by factors such as
technology
G. Driver’s License: Valid document that permits a person to operate a motor vehicle
H. Idling Vehicle: The process of leaving a vehicle’s engine running while the vehicle is not in
motion
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I. Incident: An event that did or could have resulted in personal harm or property damage
J. Injury: Physical harm or damage to a person resulting in the marring of appearance, personal
discomfort, and/or bodily hurt, impairment or death
K. Motor Vehicle: Any licensed mechanically or electronically powered device (except one moved
by human power), not operated on rails, designed to be operated primarily on public streets
and roads. Cargo (and or attachments) to a motor vehicle are considered part of that vehicle.
L. Operator: The person in control of the operations of the motor vehicle
M. Passenger: A person, other than the driver of the vehicle, who is in or on a motor vehicle
N. Pre-Trip Inspection: Visual examination of the general exterior of the vehicle before operating
to ensure the vehicle is in good working condition and is safe to operate
O. Preventable Collision: One in which the driver failed to do everything that reasonably could be
done to avoid the collision
P. Retraining: Training required following an incident to upgrade or renew skills and demonstrate
proficiency
Q. Reckless Driving: The driving of a vehicle carelessly and heedlessly in willful or wanton
disregard of the rights or safety of others and without due caution and circumspection and at a
speed or in a manner so as to endanger or be likely to endanger any person or property
R. Road Rage: A criminal offense in which a vehicle is used as a weapon with intent to do harm,
physical assault of a driver or vehicle
S. Tailgating: When a driver follows another vehicle too closely, leaving insufficient distance to
stop safely if the vehicle in front brakes suddenly
T. Traffic Laws: Mandatory rules needing to be followed while operating a motor vehicle-
including but not limited to speed limits, parking laws, and following traffic signage
U. Vehicle Safety Concern: Anything that is abnormal about the appearance or function of a
vehicle that could pose an unreasonable risk to the safety of the vehicle or its occupants
V. Vehicle Selection: The process of assigning fleet vehicles to operators to best suit the needs of
that operator’s job task
E. GENERAL ACCOUNTABILITY
All levels of employees within the organization will be involved in and held accountable for the program’s
development, management, and implementation of the fleet safety policy at different levels of responsibility.
The following are the general accountabilities regarding fleet safety:
1.City Administrator is accountable for:
a. Directing all Department Heads and supervisors to endorse and ensure compliance with this
policy
2.Department Heads/Supervisors are accountable for:
a. Identifying and training existing and newly selected fleet operators to comply with this policy
b. Enforcing compliance with this policy with employees. All presently employed and new
employees, who drive a City of Mendota Heights owned or leased vehicle, must be trained and
in compliance with this policy
c. Ensuring the safe operation of fleet vehicles
d. Ensuring that all vehicles can be operated safely or are taken out of service for repairs
e. Reviewing employee accidents and take steps to prevent recurrence
f. Ensuring only authorized personnel are allowed to operate fleet vehicles
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g. Coordinating with the Assistant City Administrator to ensure employees are not operating city
vehicles without a valid driver’s license
h. Fully utilizing decisions and recommendations handed down by the Safety Committee
3. Employees are accountable for:
a. Understanding their assigned tasks relating to fleet safety
b. Applying the proper training and equipment to safely operate a motor vehicle
c. Assisting with the identification of vehicle operational problems
d. Complying with the directives of this policy
4. Mendota Heights Safety Committee is accountable for:
a. Maintaining each department’s compliance with the approved policy
b. Ensuring that operators are properly trained on the correct vehicles
c. Assisting with post-accident review—to help identify preventable and non-preventable vehicle
accidents
d. Bringing forth recommendations to the Safety Committee to improve the safety of employees
The Assistant City Administrator and the Mendota Heights Safety Committee will review and evaluate this policy
on an annual basis. When revisions to this policy are deemed necessary and approved, the updated policy
document will be communicated to all personnel in writing.
F. ORIENTATION AND TRAINING
All new drivers will be trained with vehicles similar in size, power, configuration, and operation as the vehicle
they will be using, prior to being assigned, to ensure safe and effective operation—including any special
equipment specific to their intended vehicle assignment.
Special equipment such as tractors, forklifts, graders, plows, snow removal equipment, or other special devices
require instructions by the operator. Training will include the following:
1. Familiarization with the owner’s/operator’s manual
2. Explanation and demonstration of control devices
3. Explanation and demonstration of safety equipment
4. Knowledge of maintenance items such as fuel, water, oil and other minimum operating needs of the
equipment
5. Demonstration of operation
6. Training of new operators by the supervisor, or an experienced operator
G. GENERAL REQUIREMENTS OF OPERATOR
All employees will be responsible for the following duties associated with driving fleet vehicles:
1. All employees operating city equipment shall comply with the State Motor Vehicle Regulations and obey
all traffic and parking laws
2. Drivers must always carry a valid Driver’s License while operating motor vehicles. The licenses held must
be the proper classification for the vehicle driven
3. Seat belts must be worn at all times by all drivers and passengers—in vehicles where seat belts are
provided
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4. No employee shall operate any city equipment, machinery or vehicle while under the influence of
alcohol or cannabis. The use of tobacco and cannabis products, including e-cigarettes and chewing
tobacco, are not allowed in City vehicles.
5. An employee must notify their supervisor of any inability to operate heavy machinery due to
consumption of prescription drugs or controlled substances that inhibit their ability to operate a vehicle.
6. When backing up vehicles, there must be a clear view of the area immediately to the rear. In vehicles
without rear window visibility, the driver shall get out of the vehicle and inspect the area to the rear
before backing. If a second employee is available, this person shall serve as a guide to back up the driver.
Department supervisors may require a second operator for this purpose
7. Tailgates shall be up and locked when vehicles are in motion. If a vehicle’s function requires that the
tailgate remain down to carry a load, red flags shall be attached to the outer portion of the load.
8. Reckless driving or unsafe operation of city vehicles is not permitted at any time for any reason
9. Employees must obey traffic speed requirements and ensure they are not driving over the maximum
allowable speed
10. Vehicle engines shall not be operating when adding any fuel or engine oil to the vehicle
11. Employees must not board or exit from any moving vehicle
12. Riding on the side, toolbox, tailgate or roof of any vehicle, or in the back of a truck bed, when a vehicle
is in motion, is not allowed
13. There shall be only one person per seat belted position
14. During a period of limited visibility, or anytime that windshield wipers are in use, headlights must be
turned on
15. Trailers must be fastened to hitches and safety chains shall be secured before moving vehicles
16. Vehicles shall not be left unattended with a key in the ignition. Employees must lock vehicles when they
are unattended
17. Vehicles without a handicapped permit shall not be parked in handicapped parking spaces
18. Before leaving the operator’s seat, the vehicle shift selector must be placed in park, and if needed, the
parking brake applied. If the vehicle does not have a “park” position, the shift selector shall be placed in
neutral and the parking brake applied
19. Operators shall limit vehicle idling in safe circumstances
20. Operators must ensure the fuel tank is at least above three-quarter tank full at the end of the operator’s
shift—vehicles are to be filled up with fuel at the Public Works facility
21. Operators must conduct a pre-trip visual inspection including the following and contact the City
Mechanic with any concerns before operating:
o Check that tires are in good shape and are not visually low air
o Check that exterior lights, reflectors and cabin lights are working properly
o Check that windshield wipers are working properly
o Walk around the vehicle and ensure there is no body damage
o Brush off snow or ice that could block the operator’s vision
o Vehicles that require a written Commercial Driver’s License (CDL) pre-check form must be
documented and properly filed prior to use
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o Coordinate with the City Mechanic to ensure proper fleet maintenance is completed. The City
Mechanic will install a sticker on the driver’s side in the top corner of the windshield of every
vehicle which alerts the driver when an oil change should be completed based off the number of
miles driven or hours of operation
▪Drivers must notify the City Mechanic when they are within 250 miles of an oil change
▪For vehicles that run on hour requirements for oil changes, the City Mechanic is to be
notified within 25 hours of a needed oil change
o Ensure the vehicle has the following safety supplies in it prior to driving:
▪Fire extinguisher
▪Safety vest
▪First aid kit
▪Rechargeable flashlight
▪Insurance card
▪Ice scraper (during the months of October-April)
▪Supervisor call sheet
If any vehicle safety or maintenance concerns occur, operators should stop driving the vehicle if it is safe to do
so and communicate immediately with the City Mechanic. If the City Mechanic is not available, contact the
Public Works Superintendent to determine the next steps.
H. VEHICLE AND EQUIPMENT ABUSE
Employees are not to use a city owned vehicle or equipment for any purpose for which it is not designated,
operate it beyond its designed limits, operate in areas or locations for which it was not designed, or cause
damage through neglect, misuse, improper driving techniques and/or improper handling.
The following is considered vehicle and equipment abuse:
•Utilizing a City vehicle or equipment for non-City business including running personal errands,
conducting personal projects, or operating on personal time
o City Employees should only use the city vehicle to pick up food/beverages or to conduct
personal errands if there is a pressing safety concern approved by their supervisor.
•Allowing unauthorized employees or non-employees to ride in City vehicles, except when such people
are conveyed in the performance of duty
I. AGGRESSIVE DRIVING
Drivers must not resort to aggressive driving or road rage under any circumstances. Examples of aggressive
driving include:
•Speeding
•Tailgating
•Failure to signal a lane change
•Running red lights
•Not coming to a complete stop at stop signs
•Weaving in traffic
•Yelling at other drivers
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•Making obscene gestures
•Using of the horn for a non-emergency matter
J. DISTRACTIONS
Drivers are responsible for remaining focused when operating a city vehicle and should refrain from distracted
driving. Drivers may not engage in the following distractions while driving including, but not limited to:
•Using a smart device while operating a City vehicle or equipment--except when a smart device is used
for single touch navigation purposes
•Adjusting mirrors or seats while the vehicle is in use
•Making phone calls without a hands-free device
•Grooming or putting on makeup
•Smoking (including e-cigarettes), chewing tobacco and cannabis
•Wearing headphones covering both ears
•Eating food or snacks
•Utilizing excessive sound system volume
K. TRAFFIC LAWS
Employees will adhere to all traffic laws and regulations when operating City vehicles. An employee will always
operate City vehicles in such a manner as to avoid injury to persons or property damage. For any traffic citation
received in a City vehicle, the operator of the vehicle is personally responsible.
L. REPORTING
Employees who operate motor vehicles for work are required to report any license revocations or suspensions
immediately to their supervisor or the Assistant City Administrator. This includes legal citations that suspend an
employee’s license for any period. An employee failing to provide notice regarding a driving licensure change in
advance of their next working shift will be subject to disciplinary action.
All employees are responsible for supporting and furthering the safety culture of the City of Mendota Heights
including but not limited to reporting either known or suspected violations of this policy to their supervisor or
the Assistant City Administrator.
M. DRIVER RECRUITMENT, SELECTION AND ASSESSMENT
The City of Mendota Heights shall implement a system that recruits and selects drivers to ensure safe operation
and management of the fleet safety program.
1. Motor Vehicle Record Annual Review
All full-time and part-time employees with the City of Mendota Heights who operate a city of Mendota
Heights owned or leased vehicle may have their motor vehicle record checked annually by the City. Upon
request, Department Heads will be responsible for submitting a list to the City Administrator of the
individuals in their department that regularly drive city vehicles.
2. Motor Vehicle Training
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Training for all new motor vehicle operators shall consist of on-the-job instruction and training from
their supervisor or department director. A defensive attitude is an important aspect of all motor vehicle
training. Drivers must believe that vehicle accidents are preventable if they take the initiative. Drivers
must be alert to hazards on the roadway that could cause an accident. Drivers should be introduced to
an unfamiliar vehicle’s general mechanical operation, safety equipment, emergency kit and accessory
application, as well as a review of braking, backing, and trailer operation (if applicable). Drivers who will
be transporting hazardous materials shall be instructed in the details of the accident prevention and
hazardous material spill prevention and response.
3. Motor Vehicle Retraining
It may be necessary to retrain an employee if they are involved in a severe accident or repeated
accidents. Retraining with a supervisor or their designee should review the actions leading up to the
vehicle accident and how to prevent future accidents from occurring. During training, if vision, hearing
or other health conditions indicate a possible deficiency that may affect the safe operation of the vehicle,
then an examination and evaluation by an occupational health specialist may be coordinated by the
Assistant City Administrator.
4. Motor Vehicle Selection
Vehicles selected for a specific function must be adequate in design and capability for the intended
purpose.
N. PERSONAL VEHICLES
Using City vehicles will be the first choice instead of personal vehicles to perform city work. When necessary,
personal vehicles may be used to perform job tasks. The insurance on the personal vehicle will be the operator’s
personal insurance. The City of Mendota Heights is not responsible for claims that arise out of any motor vehicle
accident the employee is involved with while driving their personal vehicle.
All employees will be paid mileage for use of their personal vehicles for work purposes and the mileage rate will
be in accordance with the IRS standard mileage rate. Mileage is calculated based on how many miles the
destination is from the office normally worked out of. Mileage reimbursement should be submitted to the
employee’s supervisor within a month of the occurrence.
O. DRIVER REQUIREMENTS
Drivers of City fleet vehicles need to be at least 16 years old and have a valid driver’s license appropriate for the
vehicle they are operating. The Assistant City Administrator will verify that employees operating vehicles have
the proper class of license.
P. ACCIDENT PROTOCOL
Drivers shall report all vehicle accidents to their immediate supervisor after calling 911 for emergency response
and documentation purposes. At the scene, local law enforcement will carefully survey the accident in question.
The following shall be considered:
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1. It is unlawful to leave the scene of any accident if you are involved in the accident, without furnishing
your name, address and vehicle information to the other driver. Any hit and run accident, on private or
public property, must be reported to the local police.
2. Accidents involving a pedestrian and a city vehicle, or an accident involving a city employee who is struck
by a vehicle, should also be reported to the local police.
Post accident drug and alcohol tests will be required for situations resulting in multi-vehicle crashes or when
deemed necessary by the Assistant City Administrator.
Employees should refer to the call sheet found within vehicles for contact information for direct supervisors and
who to contact if they are unreachable to report the incident.
The safety committee will review accidents that result in human injury or consist of a multi-vehicle accident.
Q. VEHICLE EMERGENCY PROCEDURES
When it is necessary to stop on a highway or city street in case of an emergency, employees shall use extreme
caution and utilize the following:
•Warning signals and lights
•Rotating beacons (if the vehicle is equipped)
•Emergency flashers
•Flares, fuses, warning flags, reflector triangles, or emergency equipment to give adequate advance
warning where applicable for commercial vehicles
R. VEHICLE SELECTION AND ASSIGNMENT
Vehicles selected for a specific function must be adequate in design and capability for the intended purpose.
Department heads and supervisors should actively rotate similar-type fleet vehicles and equipment to ensure
that annual milage is equalized. In addition, cooperation between departments should be conducted to make
certain department fleet vehicles and equipment are available to other departments and functions, when
possible, for the efficient and successful accomplishment of City business.
S. CONSEQUENCES OF POLICY VIOLATIONS
Failure to comply with this policy will result in disciplinary action, up to and including termination.
T. DELEGATION OF AUTHORITY
The City Administrator, or designee, is authorized to make amendments and changes to this policy for the
efficient usage of City vehicles and the prioritization of safety by all employees. Amendments or changes to this
policy that are deemed to be substantial must be approved by the City Council.
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CITY OF MENDOTA HEIGHTS
ACKNOWLEDGMENT OF RECEIPT
OF
CITY OF MENDOTA HEIGHTS: FLEET SAFETY POLICY
This is to acknowledge that I have received a copy of the Mendota Heights Fleet Safety Policy and
understand that it contains important information on the city of Mendota Heights general driving
safety policies and on my driving privileges and obligations as an employee. I acknowledge that I am
expected to read, understand and adhere to this policy and will familiarize myself with the material in
the policy. Additionally, I agree to abide by this policy.
I understand that I am governed by the contents of the policy and that the City of Mendota Heights
may change, rescind, or add to this policy from time to time in its sole and absolute discretion with or
without prior notice. The City of Mendota Heights will advise employees of material changes within a
reasonable time and provide an updated copy of this policy to each employee.
I further acknowledge and agree that employment with the City of Mendota Heights may be
terminated for not abiding by the rules and policies set forth in the Mendota Heights Fleet Safety
Policy.
________________________________________________ _______________
Employee Signature Date
________________________________________________
Print or Type Name
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7.c
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: January 21, 2025
AGENDA ITEM: Authorize Natural Resources Internship Position and Posting
ITEM TYPE: Consent Item
DEPARTMENT: Administration CONTACT: Krista Spreiter, Natural
Resources Coordinator
Kelly Torkelson, Assistant
City Administrator
ACTION REQUEST:
Authorize the creation of the natural resources internship and posting for a summer position.
BACKGROUND:
Staff are proposing the expansion of the city's internship program to include a natural
resources intern for the summer of 2025. This person will help to support natural resources
coordinator Krista Spreiter. During their internship they will be completing fieldwork, data
collection relating to the city's MS4 permit, working with the Natural Resources Commission,
Partners in Energy and more. This program is designed to support the city's ongoing natural
resources initiatives as well as to provide an intern with insight into municipal natural
resources work.
FISCAL AND RESOURCE IMPACT:
This is a budgeted expense in the 2025 budget. The Natural Resources Intern would be hired
at the seasonal pay matrix pay grade 3 which is consistent with the City's other internships.
This would be a 40-hour per week position with an hourly rate of pay of $16.75-$17.50 per
hour.
ATTACHMENTS:
1.Natural Resources Internship Job Description
CITY COUNCIL PRIORITY:
Premier Public Services & Infrastructure, Environmental Sustainability & Stewardship
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CITY OF MENDOTA HEIGHTS Natural Resources Intern
Department: Natural Resources
Accountable to: Natural Resources Coordinator
Class: Temporary Full‐time, Non‐Exempt
JOB SUMMARY
The purpose of the natural resources internship is to provide insight into the Natural Resources profession.
The intern will work under the direction of the Natural Resources Coordinator and would work in partnership
with other city staff including the communications coordinator, the recreation program coordinator, the
recreation facility coordinator, the assistant city administrator, and the public works superintendent. The
internship experience will be a mutually beneficial experience for both the city and for the intern.
ESSENTIAL JOB FUNCTIONS
1. Inspect City Stormwater outfalls, ponds, and stormwater infrastructure to maintain compliance with
the Municipal Separate Storm Sewer System (MS4) permit
2. Inspect active construction sites for compliance with applicable National Pollution Discharge
Elimination Systems permit and city code regulations
3. Create and coordinate education and outreach activities related to stormwater management, water
resources, forestry, and natural resources
4. Collect data for monitoring of natural resources project including inspecting native vegetation
restoration projects, stormwater infrastructure and BMPs including but not limited to data entry and
GIS mapping
5. Complete tree planting and care, raingarden planting and care, and native restoration project
installation and maintenance as a part of the city’s natural resources and water resources projects
6. Support the implementation of the Partners in Energy program
7. Present to the Natural Resources Commission
KNOWLEDGE, SKILLS AND ABILITIES
1.Passion for natural resources and public service
2.Ability to communicate ideas effectively in both oral and written formats;
3.Ability to prepare reports and maintain records
4.Ability to establish and maintain effective working relationships with program participants, associates and
the general public.
MINIMUM QUALIFICATIONS
•Current or recent college graduate in a related field such as environmental science, water resources,
natural resources, or biology
•Experience working in parks and recreation
DESIRED QUALIFICATIONS
•Experience working with GPS and GIS software
•Valid Minnesota Driver’s License with a good driving record
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7.d
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: January 21, 2025
AGENDA ITEM: Approve Cooperative Agreement with Tree Trust for the 2025 Tree Canopy
Program
ITEM TYPE: Consent Item
DEPARTMENT: Natural Resources CONTACT: Krista Spreiter, Natural
Resources Coordinator
ACTION REQUEST:
Approve the cooperative agreement with Tree Trust for the 2025 Tree Canopy Program for the
not-to-exceed amount of $27,000.
BACKGROUND:
In 2024 the Natural Resources Commission proposed, and the City Council approved, the
development of a residential and commercial tree canopy program as a way to supplement
the City’s annual tree sale, grow and diversify the City’s urban forest, mitigate the loss of ash
trees due to Emerald Ash Borer, and provide a subsidized, full-service tree planting option to
private property owners. The program was approved to continue in 2025.
The Tree Canopy Program provides high-quality shade trees at the subsidized cost of $185 for
residents and non-profit property owners, and $259 for commercial property owners,
delivered and planted by Tree Trust. Recipients also receive:
• A site consultation with City Staff on the best location for their new tree
• Utility locate coordination prior to planting
• Transportation of their tree and all planting materials provided by Tree Trust Landscaping
Services
• Proper planting, mulching, and watering at the time of planting, provided by Tree Trust
Landscaping Services
• A high-quality, 10-gallon container tree, watering bag, tree protection, and mulch to be
placed at the time of planting
Residents will be required to complete an online form to participate in the program. There is a
maximum of two trees per property. Forms are received on a first-come, first-served basis
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(quantities are limited). Property owners will be required to enter into a maintenance
agreement with the City upon entry into the program, assuming responsibility for watering
and all tree care after planting, including removal if needed, and all costs associated with tree
maintenance of the tree in the foreseeable future. Trees provided are guaranteed for one year.
FISCAL AND RESOURCE IMPACT:
Funds for the 2025 Tree Canopy Program will utilize the Tree Canopy Program designated
funds from the Natural Resources budget for the not-to-exceed amount of $27,000.
ATTACHMENTS:
1. 2025 Cooperative Agreement Tree Trust
CITY COUNCIL PRIORITY:
Environmental Sustainability & Stewardship, Premier Public Services & Infrastructure
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COOPERATIVE AGREEMENT
This COOPERATIVE AGREEMENT (“Agreement”) is made this day of
, 2025, and is by and between the City of Mendota Heights, a Minnesota municipal
corporation (“City”) and Tree Trust, a Minnesota nonprofit corporation.
RECITALS
A.Tree Trust is a nonprofit corporation whose mission is to transform lives and landscapes by
engaging people to build skills for meaningful careers, inspiring people to plant trees, and
making communities greener, healthier places to live.
B.The City and Tree Trust have collaborated in the past to distribute trees within the City with
the goal of encouraging tree species diversification through a low-cost tree sale. In 2024 the
City and Tree Trust partnered to plant 91 trees on private properties throughout the City at a
reduced cost to the private property owner.
C.The City and Tree Trust wish to continue the partnership to plant up to 145 additional trees on
private residential properties throughout the City, or up to 243 trees on commercial properties,
or a combination thereof, up to the amount of $27,000 payable to the City. Each tree will be
provided at a reduced cost to the private property owner, through the 2025 Tree Canopy
Program (“Program”).
NOW THEREFORE, based on the promises, covenants, and obligations set forth in this
Agreements, the City and Tree Trust, have agreed as follows:
1.Term and Termination. This Agreement is effective as of the date of the last signature
executing this Agreement. It shall terminate on its terms on December 31, 2025, or upon final
payment by the City as provided in this Agreement, whichever is earlier. Prior to such date or
final payment, either party may terminate this Agreement for any reason upon 30 days’ written
notice to the other party. In the event of early termination, the City shall pay Tree Trust for all
trees and labor that were planted on or before the date of the notice of termination by either party.
2.Costs and Payments. The cost of each tree and the labor described in Section 3 of this
Agreement shall be $370, inclusive of applicable sales tax.
A.Residential Properties. For trees that are planted on residential property, the owner of such
property and the City shall each pay for 50% of the cost of the tree and labor.
B.Commercial Properties. For trees that are planted on commercial property, the owner of
such property shall pay 70% of the cost of each tree and labor; the City shall pay the balance
of 30%.
C.Payments. All payments by the owners and the City shall be made directly to Tree Trust.
Tree Trust shall email invoices to the City for payment within two weeks after completion
of all plantings. Payment by property owners is due upon ordering, unless Tree Trust and
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a property owner agree to other terms. The City shall not be responsible for non-payment
by any property owner. A 1% finance charge may be applied to any outstanding balances
after 30 days of receipt of an invoice from Tree Trust. Payment by the City for the City’s
share costs is due within 30 days of receipt of an invoice from Tree Trust.
D. Not to Exceed Amount. In no event shall the City’s total cost exceed $27,000.
3. Obligations of Tree Trust. Tree Trust shall do all of the following:
A. Provide social media outreach and press releases to local newspapers/city newsletters in
order to advertise the Program, and collaborate with the City on all marketing and
communication activities;
B. Create a website for the ordering process including species specific tree details;
C. Receive, process and confirm orders, beginning on ________, 2025 at 8:00 am;
D. Respond to questions from participating property owners about the Program and specifics
about selection;
E. Monitor ordering process to ensure only City property owners are participating;
F. Provide all personnel to oversee all planting activities, as well as all equipment and
materials needed for all planting activities;
G. Schedule all utility locates prior to planting;
H. Schedule all plantings with property owners during regular business hours, Monday
through Friday, unless a different time or day is agreed upon by Tree Trust and the property
owner;
I. If weather conditions are not conducive to planting, re-schedule planting with affected
property owners;
J. Plant all trees in a professional and timely manner according to current industry standards,
including making all reasonable effort to schedule all plantings during the spring and fall
planting windows;
K. Provide plant stock in 10-gallon containerized material;
L. Water all trees at the time of planting;
M. Install a ring of natural shredded mulch around each tree;
N. Install a watering bag around each tree;
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O.Install a trunk guard on each tree; and
P.Upon completion of planting, restore any turf, gravel, or other material that was disturbed
during planting.
4.Obligations of City. The City shall do all of the following:
A.Collaborate with Tree Trust on all marketing and communication activities, including
advertising the Program on the City’s social media and other communication vehicles;
B.Determine tree species to be offered, depending on availability, and collaborate with Tree
Trust to determine appropriate substitutions when necessary;
C.Consult with individual property owners to determine location for each tree, and ensure
that no tree is planted in public right-of-way, or in any public easement of record. If a
suitable planting location cannot be determined, the property owner will be refunded the
50% payment for resident and non-profit property owners, and 70% for commercial
properties. The tree will be returned to the available supply;
D.Provide each property owner a white flag or stake to mark tree location prior to utility
locate;
E.Advise individual property owners of their obligation to provide an exterior water source
to Tree Trust on the day of planting;
F.Enter into a maintenance agreement with property owners in substantially the form of
Exhibit A to this Agreement; and
G.Provide payment to Tree Trust as provided in this Agreement.
5.No Warranty or On-going Maintenance. Tree Trust provides no warranty, express or
implied, regarding the survival of any tree planted. Tree Trust is not obligated to perform any on-
going watering or maintenance of any tree planted.
6.Insurance. Tree Trust shall maintain insurance coverage equal to or exceeding the
following limits:
Commercial General Liability $1,000,000 per occurrence,
$2,000,000 general aggregate
Auto (owned, hired, and non-owned) $1,000,000
Workers Compensation/Employers’ Liability In accordance with the laws of the
State of Minnesota
Such insurance must name the City, its officials, employees, agents, and any successors, heirs or
assigns of the City, as an additional insured (with respect to the commercial general liability
insurance), must be primary and non-contributory with any insurance or self-insurance of the City,
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or any successors, heirs or assigns of City, and include a waiver of subrogation. If requested, Tree
Trust shall provide certificates of insurance to the City prior to engaging in any planting activities
on private property.
7.Indemnity. This Agreement imposes no liability of any kind whatsoever on the City. To
the fullest extent permitted by law, Tree Trust shall defend, indemnify, and save harmless the City,
its elected officials, officers, agents, and employees against any and all claims, demands, losses,
damages, and expenses (including reasonable attorneys’ fees), and from any loss claim liability or
other accident-related exposure beyond the payment of insurance premiums, self-insured retention
or deductible, or self-insurance program, caused by the negligent acts or omissions of Tree Trust’s
officers, employees, contractors, agents, or volunteers, and arising out of the Program.
8.Limitation of City Liability. Nothing in this Agreement will constitute a waiver by the
City, of any statutory or common law immunities or liability limitations.
9.Notices. All notices provided for or desired to be sent by the parties will be in writing and
will be treated as fully given when deposited in the United States mail via prepaid certified mail,
or by prepaid overnight mail delivery service providing written evidence of delivery, and
addressed as follows:
If to the City:
City of Mendota Heights
ATTN:
1101 Victoria Curve
Mendota Heights, Minnesota 55118
If to Tree Trust:
Tree Trust
ATTN:
1419 Energy Park Drive
St. Paul, Minnesota 55108
10.Entire Agreement. This Agreement constitutes the entire agreement between the parties
regarding the subject matter in this Agreement. No supplements, modifications, or amendments
of this Agreement will be binding unless in writing, executed by the parties to this Agreement.
11.Severability. If any provision or term of this Agreement for any reason is declared invalid,
illegal or unenforceable, such decision will not affect the validity of any remaining provisions,
provided that: (i) each party receives the substantial benefit of its bargain with respect to the
transaction completed hereby; and (ii) the ineffectiveness of such provision would not result in
such a material change as to cause completion of the transactions contemplated hereby to be
unreasonable for either party. The remaining provisions will remain in full force and effect as if
this Agreement had been executed with the invalid portion thereof eliminated and it is hereby
declared the intention of the parties that they would have executed the remaining portions of this
Agreement without including any such part or portion which may be hereafter declared invalid.
12.Relationship of the Parties. Nothing contained in this Agreement will be deemed or
construed to create a partnership, joint venture, joint enterprise, or other fiduciary relationship
between the City and Tree Trust as related to the Program. Neither party is authorized to act as an
agent or on behalf of the other party.
Jeff Voshell
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13.Governing Law and Venue. The City and Tree Trust agree that the laws of the State of
Minnesota will govern all questions and interpretations concerning the validity and construction
of this Agreement, and the legal relations between the City and Tree Trust, and performance under
it without regard to the principles of conflicts of law. The language of this Agreement is and will
be deemed the result of negotiation among the parties and their respective legal counsel and will
not be strictly construed for or against any party. Each party agrees that any action arising out of
or in connection with this Agreement will be brought solely in the courts of the State of Minnesota,
First Judicial District in Dakota County, or the United States District Court for the District of
Minnesota.
14.No Waiver. No waiver by the City of any of the provisions of this Agreement will be
deemed a waiver of any other provisions, whether or not similar, nor will any waiver by the City
be a continuing waiver. No waiver by the City will be binding unless executed in writing by the
City.
15.Signatures/Execution. Each person executing this Agreement on behalf of a party to the
Agreement represents and warrants that such person is duly and validly authorized to do so on
behalf of such party, with full right and authority to execute this Agreement and to bind such party
with respect to all of its obligations included in this Agreement. This Agreement may be executed
in counterparts, each of which will be deemed an original, but all of which taken together will
constitute but one and the same instrument. The parties agree that the electronic signature of a
party to this Agreement will be as valid as an original signature of such party and will be effective
to bind such party to this Agreement. The parties further agree that any document containing, or
to which there is affixed, an electronic signature will be deemed (i) to be “written” or “in writing,”
(ii) to have been signed, and (iii) to constitute a record established and maintained in the ordinary
course of business and an original written record when printed from electronic files. For purposes
of this Agreement, “electronic signature” also means a manually signed original signature that is
transmitted by any electronic means, including without limitation a faxes version of an original
signature or an electronically scanned and transmitted version (e.g., via PDF) of an original
signature. Any party’s failure to produce the original signature of any electronically transmitted
signature will not affect the enforceability of this Agreement.
16.Headings. The section headings of this Agreement are for reference purposes only and
will not otherwise affect the meaning, construction, or interpretation of any provision of this
Agreement.
17.Incorporation of Recitals and Exhibit. The Recitals made at the beginning of this
Agreement, and the Exhibit that is attached to this Agreement, are true and correct and, by this
reference, are incorporated into and made a part of this Agreement.
[Signature page follows]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement through their
duly authorized officers and representatives to be effective as provided in this Agreement.
CITY OF MENDOTA HEIGHTS:
Stephanie Levine, Mayor
Nancy Bauer, City Clerk
TREE TRUST:
Jared Smith, ED, CEO
January 16, 2025
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Exhibit A
Form of Maintenance Agreement Between City and Property Owner
[## Exhibit pages follow]
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RIGHT OF ENTRY AND
MAINTENANCE AGREEMENT
This RIGHT OF ENTRY AND MAINTENANCE AGREEMENT (“Agreement”) is
made this day of , 2025, and is by and between the City of Mendota Heights,
a Minnesota municipal corporation (“City”) and [NAME] , a
[MARITAL STATUS OR BUSINESS TYPE] (“Owner”).
RECITALS
A. Owner is the fee owner of that certain real property located at [ADDRESS]
, in the City of Mendota Heights, County of Dakota, State of Minnesota (“Property”).
B. In order to encourage tree species diversification throughout the City, the City has collaborated
with Tree Trust, a Minnesota nonprofit corporation, to offer trees at a reduced cost to property
owners in the City through the 2025 Tree Canopy Program (“Program”).
C. Terms of the Program include, but are not limited to, the cost of each tree and associated labor
and materials needed for planting each tree is $370, including applicable sales tax; the City
shall pay 50% of the cost of each tree planted on residential property, and 70% of the cost of
each tree planted on commercial property. The balance of the cost shall be paid by property
owners (the “Proportional Share”).
D. Owner wishes to participate in the Program and have a tree planted on Owner’s Property
pursuant to the terms of the Program and the terms and conditions of this Agreement.
NOW THEREFORE, based on the promises, covenants, and obligations set forth in this
Agreements, the City and Owner, have agreed as follows:
1. Right of Entry. Owner grants to the City, its officials, employees, agents, and contractors,
and to Tree Trust, its officials, employees, agents, contractors, and volunteers, the right to enter
onto the Property for the purposes of marking utility locations, preparing the Property for planting
of the tree(s) purchased by Owner, and for activities related to the planting of such tree(s). This
right of entry shall be effective upon execution of this Agreement and terminate upon completion
of the planting of the tree(s) on Owner’s Property.
2. Obligations of Owner. Owner shall do all of the following:
A. Cooperate with the City in determining an appropriate location(s) for the planting of the
tree(s) on Owner’s Property;
B. Mark the planting location(s) with the white flag or stake provided by the City;
C. Provide an exterior water source to Tree Trust on the day of planting;
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D.Pay Owner’s Proportional Share of the cost for each tree planted, with such payment being
remitted by Owner directly to Tree Trust as directed in the invoice to be provided to Owner
by Tree Trust; and
E.Provide all on-going maintenance and care of the tree(s) planted on Owner’s property.
3.Obligations of the City. The City is obligated to do all of the following:
A.Consult with Owner to determine location for the tree(s), and ensure that no tree is planted
in public right-of-way, or in any public easement of record;
B.Provide each Owner with a white flag or stake to mark tree location prior to utility locate;
C.Provide payment to Tree Trust for the City’s Proportional share of the tree(s) planted on
Owner’s Property.
4.Acknowledgements by Owner. Owner acknowledges the following:
A.The City is not responsible for any ongoing maintenance or care whatsoever of the tree(s)
planted on Owner’s Property as part of the Program. Specifically, the City is not
responsible for watering, trimming, removing, replacing, or any care whatsoever for the
tree(s) planted on Owner’s Property as part of the Program.
B.Tree Trust has not provided any warranty, express or implied, regarding the survival of any
tree planted on Owner’s Property as part of the Program.
C.The City is not responsible for payment of Owner’s Proportional Share.
5.Indemnity. This Agreement imposes no liability of any kind whatsoever on the City. To
the fullest extent permitted by law, Owner shall defend, indemnify, and save harmless the City, its
elected officials, officers, agents, and employees against any and all claims, demands, losses,
damages, and expenses (including reasonable attorneys’ fees), and from any loss claim liability or
other accident-related exposure beyond the payment of insurance premiums, self-insured retention
or deductible, or self-insurance program, caused by the negligent acts or omissions of Tree Trust’s
officers, employees, contractors, agents, or volunteers, and arising out of the Program.
6.Limitation of City Liability. Nothing in this Agreement will constitute a waiver by the
City, of any statutory or common law immunities or liability limitations.
7.Successors/Covenants Run with Property. All duties and obligations of Owner under
this Agreement shall also be duties and obligations of Owner’s successors and assigns, jointly and
severally. The terms and conditions of this Agreement shall run with the Property.
[Signature page follows]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement through their
duly authorized officers and representatives to be effective as provided in this Agreement.
[NAME]:
[NAME], [TITLE]
[NAME], [TITLE]
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7.e
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: January 21, 2025
AGENDA ITEM: Acceptance of Minnesota Chiefs of Police Foundation Grant
ITEM TYPE: Consent Item
DEPARTMENT: Police CONTACT: Kelly McCarthy, Police Chief
ACTION REQUEST:
Accept Minnesota Chiefs of Police Foundation Grant of $2,500 for the Mendota Heights Police
Department 2020 Project.
BACKGROUND:
On October 1, 2024, the Mendota Heights City Council authorized the Mendota Heights Police
2020 Project and authorized funds to reimburse officers up to $200 for the purchase of a
home gun safe and for the purchase of custom patches. Included in the project is outreach to
gun permit applicants and other police agencies. In November 2024, we applied for and were
subsequently awarded, $2,500 from the Minnesota Chiefs of Police Foundation. The grant
funds are to be used to cover the cost of purchasing custom patches and creating promotional
materials for permit applicants and other police agencies.
FISCAL AND RESOURCE IMPACT:
No additional fiscal impacts and minimal staff resource encumbrance (2 hours staff time).
ATTACHMENTS:
1.MCPA Grant Award
CITY COUNCIL PRIORITY:
Premier Public Services & Infrastructure
Page 32 of 176
Page 33 of 176
Page 34 of 176
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7.f
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: January 21, 2025
AGENDA ITEM: Acknowledge October, November, and December 2024 Fire Synopses
ITEM TYPE: Consent Item
DEPARTMENT: Fire CONTACT: Assistant Fire Chief Scott
Goldenstein
ACTION REQUEST:
Acknowledge the October, November, and December 2024 Fire Synopses.
BACKGROUND:
The attached fire synopses are for City Council review.
FISCAL AND RESOURCE IMPACT:
None.
ATTACHMENTS:
1.October 2024 Fire Synopsis
2.November 2024 Fire Synopsis
3.December 2024 Fire Synopsis
CITY COUNCIL PRIORITY:
Premier Public Services & Infrastructure
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October 2024 Fire Synopsis
Fire Calls: 33
For October 2024, the Mendota Heights Fire Department paged for service a total of 33 times.
Mendota Heights 27 calls
Lilydale 0 calls
Mendota 1 call
Sunfish Lake 2 calls
Other 3 calls
----------------------------------
Total 33 calls
Types of calls:
Fire: 3- The Mendota Heights Fire Department responded to a significant home fire on Adeline Court on Oct
12th. The call came in at 2:09 am from residents finding themselves trapped on the second floor and later
jumping to police officers on the ground from the bedroom window. Auto aid and mutual aid assistance were
also provided from South Metro, Eagan and Inver Grove Height Fire Departments.
In addition, on October 2nd the department responded to and extinguished a small outdoor fire at a multi-unit
condominium where the common landscaped area between two buildings had mulch smoldering and burning.
Crews also responded to fires that were started at the front doors of both the Sibley House and the Carriage
House on the Sibley House Property.
Medical/Extrication: 3- There were three calls that were medical in nature in October.
Hazardous Situations: 4- MHFD responded to two different cut gas lines at residences. In addition, the
department responded to lines down and blocking the road in Sunfish Lake. Finally, the department responded
to arcing lines that caused many homes to have their power cycling on and off for an extended period.
Service Calls: 1- The department responded to a recreational fire that turned into a grass fire and the
department extinguished it.
False Alarms/System Malfunctions: 12- In October there were four calls that were due to system
malfunctions, five that were unintentional trips, and three coded as misc. alarms.
Good Intent: 6- October showed the department responding to three smoke scare calls, one hazmat call with
none found, and a brush fire call with no hazard found.
Dispatched and Cancelled En route: 1- One call cancelled before the fire department arrived on scene in
October.
Mutual/Auto-Aid Other: 3- There was one auto aid to West St Paul for a call that was later cancelled. The
Mendota Heights Fire Department was also paged to Eagan to assist at a residential structure fire. The fire
department was also requested to assist with a fire at the Thompson Reuters production plant in Eagan.
Page 37 of 176
October Trainings
Tues, October 1, 07:00
EMS B Refresher Option 1 This drill was part B of a 4-cycle refresher over a 24-month period for all EMR level department responders. It consisted of both classroom and hands on skill stations.
Wed, October 2, 18:30 EMS B Refresher Option 2 This drill was part B of a 4-cycle refresher over a 24-month period for all EMR level department responders. It consisted of both classroom and hands on skill stations.
Mon, October 14, 18:30 Mandatory Skills #3 Rescue Equipment/Power Tools Option #1 This drill was a hands-on skill refresher utilizing power hand tools including extrication tools, cutting tools, and back up tools. It was held at the station with actual vehicles to utilize.
Thursday, October 17, 07:00 Mandatory Skills #3 Rescue Equipment/Power Tools Option #2 This drill was a hands-on skill refresher utilizing power hand tools including extrication tools, cutting tools, and back up tools. It was held at the station with actual vehicles to utilize.
Tues, October 22, 07:00 Elective Vehicle Stabilization Option #1 This drill was held at the MHFD and was dedicated to safe and proper vehicle stabilization utilizing equipment carried on Fire Apparatus to help ensure a safe working environment for both the firefighters as well as the victims.
Wednesday, October 23. 07:00 Mandatory Skills #3 Rescue Equipment/Power Tools Option #3 This drill was a hands-on skill refresher utilizing power hand tools including extrication tools, cutting tools, and back up tools. It was held at the station with actual vehicles to utilize.
Mon, October 28, 18:30 Elective Vehicle Stabilization Option #2 This drill was held at the MHFD and was dedicated to safe and proper vehicle stabilization utilizing equipment carried on Fire Apparatus to help ensure a safe working environment for both the firefighters as well as the victims.
Wed, October 30, 18:30 EMS B Refresher Option 3 This drill was part B of a 4-cycle refresher over a 24-month period for all EMR level department responders. It
consisted of both classroom and hands on skill stations.
Page 38 of 176
Number of Calls 33 Total Calls for Year 331
FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE
ACTUAL FIRES
Structure - MH Commercial $0
Structure - MH Residential 2 $603,400 $252,700 $859,600
Structure - Contract Areas $0
Cooking Fire - confined $5,000
Vehicle - MH $46,124
Vehicle - Contract Areas $0
Grass/Brush/No Value MH
Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES
Other Fire 1
OVERPRESSURE RUPTURE $603,400 $252,700 $0
Excessive heat, scorch burns
MEDICAL
Emergency Medical/Assist 3
Vehicle accident w/injuries
Extrication ALL FIRES, ALL AREAS (MONTH)$856,100
Medical, other
HAZARDOUS SITUATION $864,600
Spills/Leaks 2
Carbon Monoxide Incident $46,124
Power line down 2
Arcing, shorting $910,724
Hazardous, Other
SERVICE CALL
Smoke or odor removal $0
Assist Police or other agency
Service Call, other 1
GOOD INTENT
Good Intent 1
Dispatched & Cancelled 1 Current To Date Last Year
Smoke Scare 3 27 248 256
HazMat release investigation 1 0 19 21
Good Intent, Other 1 1 11 6
FALSE ALARMS 2 20 28
False Alarm 3 33 27
Malfunction 4
Unintentional 5 Total:33 331 338
False Alarm, other 3
MUTUAL AID 3 FIRE MARSHAL'S TIME FOR MONTH
Total Calls 33 Inspections
Investigations
WORK PERFORMED Hours To Date Last Year
Re-Inspection
Fire Calls 535 4105 4255
Meetings 20 572.75 402.5 Meetings
Training 367.5 3630.5 3317.5
Special Activity 347.3 803.8 983 Administration
Fire Marshal 0 0 0
Plan Review/Training
TOTALS 1269.8 9112.05 8958 TOTAL:0
MENDOTA HEIGHTS FIRE DEPARTMENT
OCTOBER 2024 MONTHLY REPORT
FIRE LOSS TOTALS
LOCATION OF FIRE ALARMS
Mendota Heights
Mendota Heights Only Structure/Contents
Mendota Heights Only Miscellaneous
Mendota Heights Total Loss to Date
Contract Areas Loss to Date
Lilydale
Mendota
Sunfish Lake
Mutual Aid
Page 39 of 176
November 2024 Fire Synopsis
Fire Calls: 17
For November 2024, the Mendota Heights Fire Department paged for service a total of 17 times.
Mendota Heights 14 calls
Lilydale 1 call
Mendota 0 calls
Sunfish Lake 1 call
Other 1 call
----------------------------------
Total 17 calls
Types of calls:
Medical/Extrication: 7- Of the seven calls that the department responded to in November that were medical
and/or extrications, two were associated with accidents with injuries, and five were coded as medical in nature.
Hazardous Situations: 1- The department responded to a CO call on Nov 20th where carbon monoxide was
confirmed on the premises. Homeowners were advised, Xcel was requested to respond, and Fire stayed on
scene until they arrived.
Service Calls: 1- On Nov 10th the department was paged out for what was believed to have been a hydrant
that was leaking/flowing water, but upon arrival it was discovered that the water was due to a water main leak.
False Alarms/System Malfunctions: 3- In November there was one call for an alarm system malfunction and
two for unintentional alarm trips.
Good Intent: 2- November found the fire department responding to two calls for possible hazmat situations,
with no hazmat being found.
Dispatched and Cancelled En route: 2- Two call cancelled before our units arrived on scene.
Mutual/Auto-Aid Other: 1- There was one auto aid that paged out Mendota Heights Fire to South St. Paul
but was cancelled before our arrival and reassigned to South Metro and Inver Grove Heights Fire.
Page 40 of 176
November Trainings
Wed, November 6, 18:30
Mandatory SCBA/Mayday Option 1
This was a mandatory multi-station drill going over SCBA’s (self-contained breathing apparatus), covering
normal operating procedures, as well as emergency operating procedures. In addition, there were hands-on
search and rescue scenarios with SCBA’s being utilized throughout.
Mon, November 11, 18:30
Mandatory SCBA/Mayday Option 2
This was a mandatory multi-station drill going over SCBA’s (self-contained breathing apparatus), covering
normal operating procedures, as well as emergency operating procedures. In addition, there were hands-on
search and rescue scenarios with SCBA’s being utilized throughout.
Mon, November 14, 07:00
Mandatory SCBA/Mayday Option 3
This was a mandatory multi-station drill going over SCBA’s (self-contained breathing apparatus), covering
normal operating procedures, as well as emergency operating procedures. In addition, there were hands-on
search and rescue scenarios with SCBA’s being utilized throughout.
Tuesday, November 19, 07:00
Elective Company Operations Option 1
This drill was a classroom-based drill where firefighters were presented with a scenario and needed to decide
on initial strategies and operational directives and then broadcast those observations and operational
commands over the radio in proper (blue card style) fire format.
Wed, November 20, 18:30
Elective Company Operations Option 2
This drill was a classroom-based drill where firefighters were presented with a scenario and needed to decide
on initial strategies and operational directives and then broadcast those observations and operational
commands over the radio in proper (blue card style) fire format.
Page 41 of 176
Number of Calls 17 Total Calls for Year 348
FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE
ACTUAL FIRES
Structure - MH Commercial $0
Structure - MH Residential $859,600
Structure - Contract Areas $0
Cooking Fire - confined $5,000
Vehicle - MH $46,124
Vehicle - Contract Areas $0
Grass/Brush/No Value MH
Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES
Other Fire
OVERPRESSURE RUPTURE $0 $0 $0
Excessive heat, scorch burns
MEDICAL
Emergency Medical/Assist 5
Vehicle accident w/injuries 2
Extrication ALL FIRES, ALL AREAS (MONTH)$0
Medical, other
HAZARDOUS SITUATION $864,600
Spills/Leaks
Carbon Monoxide Incident 1 $46,124
Power line down
Arcing, shorting $910,724
Hazardous, Other
SERVICE CALL
Smoke or odor removal $0
Assist Police or other agency
Service Call, other 1
GOOD INTENT
Good Intent
Dispatched & Cancelled 2 Current To Date Last Year
Smoke Scare 14 262 278
HazMat release investigation 2 1 20 23
Good Intent, Other 0 11 7
FALSE ALARMS 1 21 29
False Alarm 1 34 30
Malfunction 1
Unintentional 2 Total:17 348 367
False Alarm, other
MUTUAL AID 1 FIRE MARSHAL'S TIME FOR MONTH
Total Calls 17 Inspections
Investigations
WORK PERFORMED Hours To Date Last Year
Re-Inspection
Fire Calls 225 4330 4586
Meetings 31 603.75 417.5 Meetings
Training 343.5 3974 3825.5
Special Activity 19.5 823.3 999 Administration
Fire Marshal 0 0
Plan Review/Training
TOTALS 619 9731.1 9828 TOTAL:0
Mendota Heights Only Structure/Contents
Mendota Heights Only Miscellaneous
Mendota Heights Total Loss to Date
Contract Areas Loss to Date
Lilydale
Mendota
Sunfish Lake
Mutual Aid
MENDOTA HEIGHTS FIRE DEPARTMENT
NOVEMBER 2024 MONTHLY REPORT
FIRE LOSS TOTALS
LOCATION OF FIRE ALARMS
Mendota Heights
Page 42 of 176
December 2024 Fire Synopsis
Fire Calls: 33
For December 2024, the Mendota Heights Fire Department paged for service a total of 33 times.
Mendota Heights 24 calls Lilydale 2 calls
Mendota 0 calls
Sunfish Lake 1 call
Other 6 calls
----------------------------------
Total 33 calls
Types of calls:
Fires: 1- The MHFD responded to a vehicle fire on Dec. 28th with the first units on scene reporting a fully
involved engine compartment fire.
Medical/Extrication: 10- In December the Fire Department responded to five calls that were medical in nature
and an additional five calls that involved vehicle accidents with injuries.
Hazardous Situations: 4- December had 4 hazmat-related calls. There were three natural gas calls and one
carbon monoxide call (with carbon monoxide present).
Service Calls: 2- The MHFD responded for a resident needing assistance with a CO detector issue and a
second call related to a resident requesting assistance with the removal of a ring.
False Alarms/System Malfunctions: 7- In December, the department discovered one system malfunction,
three unintentional trips of alarms, and three coded as “other”.
Good Intent: 1- The department was paged for a possible carbon monoxide issue, but no CO was found upon
arrival.
Dispatched and Cancelled En route: 2- Two calls were cancelled before our units arrived on scene.
Mutual/Auto-Aid Other: 6- In the auto/mutual aid bucket, the MHFD responded to neighboring departments
as follows: South Metro for a structure fire, Inver Grove Heights for a structure fire, Eagan for a commercial
structure fire, and three calls to South Metro that were cancelled before arrival.
Page 43 of 176
December Trainings
Wed, December 4, 18:30 Elective Pre-Plans Option 1 This drill was dedicated to training on new electronic computer logins, going over pre-plan reports of
structures in our community, and how to decipher data in them quickly and efficiently, and finally going over
proper radio communications.
Mon, December 9, 18:30
Elective Reports Tabletops Option 1
This drill was an in-house tabletop drill going over blue card style scenarios and practicing initial size-ups
recognizing tactical priorities and transmitting that information to the appropriate personnel.
Thurs, December 12, 07:00
Elective Pre-Plans Option 2
This drill was dedicated to training on new electronic computer logins, going over pre-plan reports of
structures in our community, and how to decipher data in them quickly and efficiently, and finally going over proper radio communications.
Saturday, December 14, 08:00 Mandatory SCBA Make Up This was a mandatory multi-station drill going over SCBA’s (self-contained breathing apparatus), covering normal operating procedures as well as emergency operating procedures. In addition, there were hands-on search and rescue scenarios with SCBA’s being utilized throughout.
Tues, December 17, 07:00 Elective Reports Tabletops Option 2 This drill was an in-house tabletop drill going over blue card style scenarios and practicing initial size-ups recognizing tactical priorities and transmitting that information to the appropriate personnel.
Thurs, Dec 19, 18:30
Department Training Make up
This drill was a test-out opportunity for our firefighters testing their skills in two areas: Their ability to utilize,
deploy and properly climb our ground ladders as well as to deploy and use the aerial truck mounted ladder,
and their ability to search for, locate and remove a victim from an area when they have their vision is
completely obstructed throughout as is the vision of their other search team members in their group.
Page 44 of 176
Number of Calls 33 Total Calls for Year 381
FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE
ACTUAL FIRES
Structure - MH Commercial $0
Structure - MH Residential $859,600
Structure - Contract Areas $0
Cooking Fire - confined $5,000
Vehicle - MH 1 $17,000 $63,124
Vehicle - Contract Areas $0
Grass/Brush/No Value MH
Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES
Other Fire
OVERPRESSURE RUPTURE $17,000 $0 $0
Excessive heat, scorch burns
MEDICAL
Emergency Medical/Assist 5
Vehicle accident w/injuries 5
Extrication ALL FIRES, ALL AREAS (MONTH)$17,000
Medical, other
HAZARDOUS SITUATION $922,724
Spills/Leaks 2
Carbon Monoxide Incident 1 $5,000
Power line down
Arcing, shorting $927,724
Hazardous, Other 1
SERVICE CALL
Smoke or odor removal $0
Assist Police or other agency
Service Call, other 2 Total Losses $927,724
GOOD INTENT
Good Intent
Dispatched & Cancelled 2 Current To Date Last Year
Smoke Scare 24 286 299
HazMat release investigation 1 2 22 31
Good Intent, Other 0 11 7
FALSE ALARMS 1 22 27
False Alarm 6 40 30
Malfunction 1
Unintentional 3 Total:33 381 394
False Alarm, other 3
MUTUAL AID 6 FIRE MARSHAL'S TIME FOR MONTH
Total Calls 33 Inspections
Investigations
WORK PERFORMED Hours To Date Last Year
Re-Inspection
Fire Calls 441.5 4771.5 5059.5
Meetings 9.5 613.25 442.5 Meetings
Training 250 4224 4021
Special Activity 0 823.3 1027 Administration
Fire Marshal 0 0 0
Plan Review/Training
TOTALS 701 10432.05 10550 TOTAL:0
Mendota Heights Only Structure/Contents
Mendota Heights Only Miscellaneous
Mendota Heights Total Loss to Date
Contract Areas Loss to Date
Lilydale
Mendota
Sunfish Lake
Mutual Aid
MENDOTA HEIGHTS FIRE DEPARTMENT
DECEMBER 2024 MONTHLY REPORT
FIRE LOSS TOTALS
LOCATION OF FIRE ALARMS
Mendota Heights
Page 45 of 176
7.g
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: January 21, 2025
AGENDA ITEM: Approve Massage Therapist License
ITEM TYPE: Consent Item
DEPARTMENT: Administration CONTACT: Nancy Bauer, City Clerk
ACTION REQUEST:
Approve a Massage Therapist License
BACKGROUND:
Jeanne Lecher has applied for a massage therapist license to work at Green Lotus Yoga and
Healing Center. She has completed the application requirements, paid the fee, and passed the
background investigation.
FISCAL AND RESOURCE IMPACT:
N/A
ATTACHMENTS:
None
CITY COUNCIL PRIORITY:
Inclusive and Responsive Government
Page 46 of 176
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Page 47 of 1767.h
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7.i
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: January 21, 2025
AGENDA ITEM: Approve a Letter of Support for MnDOT Slope Stability Study on Highway
13
ITEM TYPE: Consent Item
DEPARTMENT: Engineering CONTACT: Ryan Ruzek, Public Works
Director
ACTION REQUEST:
Approve a letter of support for a MnDOT Federal Highway application to study slope stability
along Highway 13.
BACKGROUND:
In 2024, Highway 13 between Wachtler Avenue and Sylvandale Road was closed for several
months due a slope failure. MnDOT is proposing to submit a grant application to the Federal
Highway Administration to conduct a slope stability study. Below is the request from MnDOT.
Minnesota Department of Transportation (MnDOT) is requesting your support for the MnDOT
Highway 13 Slope Stability Planning Project as an application for grant funding under the
Federal Highway Administration’s FY 2024-2025 Promoting Resilient Operations for
Transformative, Efficient, and Cost-saving Transportation (PROTECT) program. The Highway 13
Slope Stability Planning Project will study ongoing slope failures and develop long-term solutions
that improve the resilience of Highway 13 to withstand the changing climate. The planning study
will focus on Highway 13 located between 2nd St. to Annapolis St. in Dakota County where slope
slides have caused road closures, long detours, and expensive emergency repairs.
A letter of support from the City of Mendota Heights will benefit MnDOT’s application overall
competitiveness by demonstrating support among impacted stakeholders.
FISCAL AND RESOURCE IMPACT:
The City of Mendota Heights is not asked to provide local funding towards this study.
Page 48 of 176
ATTACHMENTS:
1.MnDOT Highway 13 Slope Stability Planning - Letter of Support
2.MnDOT PROTECT Hwy13 fact sheet
CITY COUNCIL PRIORITY:
Premier Public Services & Infrastructure, Environmental Sustainability & Stewardship, Inclusive
and Responsive Government
Page 49 of 176
January 23, 2025
The Honorable Secretary
United States Department of Transportation
1200 New Jersey Ave. S.E.
Washington, D.C. 20590
Re: Letter of Support for MnDOT’s Highway 13 Slope Stability Planning Project Funding
Pursuit
To Whom It May Concern:
I am writing to express support for the Minnesota Department of Transportation’s (MnDOT)
application for funding through the FY2024-2025 Promoting Resilient Operations for
Transformative, Efficient, and Cost-Saving Transportation (PROTECT) Discretionary Grant
Program. The City of Mendota Heights recognizes the critical need for enhanced safety and
resilience to climate-related impacts along Highway 13, especially as a vital north-south
connector for the City.
In alignment with the vision and goals of the PROTECT Program, the Highway 13 Slope Stability
Planning Project will study ongoing issues and develop solutions that improve the resilience of
Highway 13 in Mendota Heights, MN. Located along the steep terrain of the Mississippi River in
the heart of the Minneapolis–Saint Paul metropolitan region, Highway 13 experiences critical
slope failures due to natural hazards and climate stressors such as extreme precipitation. Slope
failures caused Highway 13 to close three times since 2015 which has had a detrimental impact
on the economy and residents of Mendota Heights.
Minnesota's climate, geology, and terrain along the river increase the incidence of slope failures
due to saturation of the soil along slopes and beneath the roadway. As a result, roadways and
bridges have to be entirely closed until expensive emergency repairs and short-term
stabilization efforts are complete. Slope failures in the project corridor have further damaged
the nearby regional trail and impacted the Union Pacific freight rail line. Such lengthy closures
impact the movement of people and freight along the first ring of suburbs south of St. Paul and
lead to traffic diversion onto other already congested arterial highways.
MnDOT is well positioned to make efficient and impactful use of federal funding through the
PROTECT Program. Given the increasing severity of extreme weather events due to climate
Page 50 of 176
change, proactive measures like the Highway 13 Slope Stability Planning Project are crucial to
ensuring the resilience of our transportation infrastructure. This project will leverage MnDOT’s
slope stability research to propose a comprehensive and strategic approach to reducing these
risks. The study results will provide a detailed plan for MnDOT to improve the resiliency of
Highway 13. The study results will be incorporated into the scoping of a pavement project
MnDOT has planned for the corridor in 2032.
In light of the urgent need to address these slope vulnerabilities and the demonstrated capacity
of MnDOT to deliver high-quality infrastructure projects, we wholeheartedly support this
application for funding through the FY2024-2025 PROTECT Discretionary Grant Program.
Thank you for your consideration and the opportunity for me to voice our support for this
important project.
Sincerely,
Stephanie B. Levine, Mayor
City of Mendota Heights
Page 51 of 176
Annapolis St
2nd St
MENDOTA
HEIGHTS
MENDOTA
HEIGHTS
13
13
FUNDING
The Hwy 13 Slope Stability Planning Project in Mendota Heights will
investigate slope failures within the corridor and formulate long-term
strategies to enhance resilience. By bolstering resilience, the project
seeks to mitigate slope failures and ensure continued access for
residents, educational institutions, businesses, as well as cyclists and
pedestrians utilizing the Big Rivers Regional Trail. Enhancing resilience
is expected to decrease the occurrence and consequences of
landslides, resulting in substantial cost savings for MnDOT by
preventing future repairs and maintenance.
TODAY’S ISSUES
• A history of slope failures due to poor soils and heavy rain
events.
• Slope failures are likely to become more frequent and severe
with heavier rain events.
• A significant failure in June 2024 caused a closure to the
highway for five months for emergency fixes.
• Slope failures damaging the Big Rivers Regional Trail and
causing temporary closures.
• Maintenance and emergency fixes are expensive, difficult,
and temporary.
PROJECT BENEFITS
• Reduces potential and impact of future slope failures and
maintains access to homes and businesses.
• Provides long-term solutions to manage underlying issues
including drainage and slope stability.
• Protects the Big Rivers Regional Trail from future damage and
closures.
• Recommendations from the planning project will be
incorporated into a planned MnDOT pavement project in 2032.
• The two-year planning project from 2026 to 2028 is expected to cost $1.11 million.
• MnDOT is applying for a planning grant from the Federal PROTECT discretionary program to fund the project.
HIGHWAY 13 SLOPE STABILITY PLANNING PROJECT
MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA
Identify the specific weather
risks and develop future
climate scenarios.
Test the performance of the
facility against the different
climate scenarios.
Develop resilience
improvement options and test
against climate scenarios.
Economic, Environmental and
Equity Analyses
MAJOR TASKS
SLOPE VULNERABILITY MANAGEMENT AREAS WITH
CLIMATE HAZARD EXPOSURE ATTRIBUTES
Total score:
> 13-14
> 12-13
> 11-12
> 10-11
9-10LEGENDAnnapolis St
2nd St
Mendota
Heights
13
13
35E
35E
Page 52 of 176
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7.j
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: January 21, 2025
AGENDA ITEM: Authorize Master Services Agreement with I & S Group, Inc (ISG)
ITEM TYPE: Consent Item
DEPARTMENT: Engineering CONTACT: Lucas Ritchie, Asssitant City
Engineer
Ryan Ruzek, Public Works
Director
ACTION REQUEST:
Authorize a Master Services Agreement with I & S Group, Inc (ISG) to provide GIS Services
BACKGROUND:
The city has an established consultant pool. The purpose of establishing a consultant pool is
to allow the City to simply award work orders to selected consultants within the pool without
going through a full Request for Proposal (RFP) process for each work order. Selected
consultants would have a rate schedule that would be accepted along with their Statement of
Qualifications (SOQ) and would be held to those billing rates. A work-hour limit could be
negotiated within each work order issued so a “not to exceed” price is arrived at prior to work
order award.
This is a process many other cities throughout the Metro Area use for managing their
consultants, and it has proven effective in saving staff time by eliminating the drafting,
publishing RFPs, reviewing proposals and awarding contracts. Mendota Heights entered in a
Master Services Agreement with the following consulting firms in 2016 unless otherwise noted:
1.General Municipal Services (project development, feasibility reports, etc.)
a.Bolton & Menk
b.SRF Consulting Group (MnDOT specialty)
c.Stantec
d.TKDA (MnDOT specialty)
e.WSB & Associates
f.KLJ (added in 2018)
2.Landscape Architecture
Page 53 of 176
a. Kimley-Horn
b. SRF Consulting Group
3. Geographic Information System (GIS)
a. Northpoint Geographic
b. RESPEC
4. Land Surveying
a. Stonebrooke Engineering
b. Sunde Land Surveying
5. Natural Resources/Water Resources (including surface water & storm sewer)
a. Barr
b. Emmons & Oliver Resources
c. MSA Professional Services
6. Geotechnical/Soils Analysis & Material Testing
a. Braun Intertec
b. Northern Technologies
7. Traffic/Transportation
a. SRF Consulting Group
b. Stonebrooke Engineering
8. Construction Inspections
a. Bolton & Menk
b. Stantec
9. Utilities
a. Foth Infrastructure & Environmental
b. Short, Elliott, & Hendrickson
City staff have received a proposal to provide Geographic Information System (GIS) services
from ISG as needed on an on-call basis. The City utilizes GIS software to manage infrastructure
throughout the City. To further assist staff in the capabilities with the City’s GIS software, staff
have requested a proposal from ISG to provide services to high-level questions and functions
beyond the City’s current capability. ISG provides a full suite of GIS on-call services and would
act as an extension to City staff on requested GIS operations. The proposal is structured for
ISG to provide GIS services as requested by City staff at a rate of $120 / Hour. It is anticipated
that staff would utilize this service a few hours a year for specific questions or requested
actions outside of the City’s current capabilities and could negotiate a not-to-exceed limits of
hours or cost.
To approve the proposal at an administrative level, staff desires to add ISG to the existing
consultant pool under Geographic Information System (GIS).
FISCAL AND RESOURCE IMPACT:
None at this time. Expenditures for consultant service within the pre-approved pool of firms
would be dependent upon approved work with the City Capital Improvement Plan (CIP) or
other budgeted projects or programs.
Page 54 of 176
ATTACHMENTS:
1.I & S Group, Inc (ISG) Master Services Agreement
CITY COUNCIL PRIORITY:
Premier Public Services & Infrastructure
Page 55 of 176
1
MASTER AGREEMENT
FOR
PROFESSIONAL ENGINEERING SERVICES
This MASTER AGREEMENT (“Agreement” or “Master Agreement” herein) made between the
CITY OF MENDOTA HEIGHTS, a Minnesota municipal corporation, hereinafter called the
"OWNER", and I & S Group, Inc. (ISG), hereinafter called the "ENGINEER". OWNER intends to
secure professional ENGINEERING services, according to the terms of this Agreement.
1.SUPPLEMENTAL AGREEMENT
OWNER intends to secure professional consulting services, which may include general municipal
engineering, utility engineering, natural/water resources, landscape architectural, traffic analysis,
geographic information system (GIS), material testing, construction inspection, and/or land survey
services on an ongoing basis for general City of Mendota Heights services and multiple projects,
according to the terms of this Master Agreement. OWNER and ENGINEER shall enter into project
specific agreements (referred to herein as “Supplemental Agreements” or “Task Orders” or
“Proposals”). This Master Agreement shall be deemed incorporated into the Supplemental
Agreements unless a Supplemental Agreement specifically provides that it is not incorporated. If
there is a conflict between the terms of the Supplemental Agreement and the Master Agreement, the
terms of the Master Agreement shall control unless the Supplemental Agreement specifically
provides that despite the conflict the terms of the Supplemental Agreement apply.
This Agreement is not a commitment by OWNER to ENGINEER to issue any Supplemental
Agreements or Task Orders.
ENGINEER shall not be obligated to perform any prospective services unless and until OWNER
and ENGINEER agree as to the particulars of the Specific Project, including the scope of
ENGINEER’ services, time for performance, ENGINEER’S compensation, and all other
appropriate matters, which shall be set forth in a written Supplemental Agreement, Proposal or
Task Order.
1.1 TASK ORDERS ASSIGNED
1.1.1 OWNER, when assigning work to the ENGINEER, will provide a scope of work as
part of any Task Order to the ENGINEER. The Task Order scope of work issued by OWNER may
or may not include all provisions listed in the agreement herein.
1.1.2 ENGINEER will respond, within the specified time period in the Task Order, with a
statement of understanding of the work requested and a “not-to-exceed” cost for completion of the
work.
1.1.3 Once agreed upon, OWNER will authorize work on the delivery order to begin.
2.PUBLIC IMPROVEMENT PROJECT SERVICES OF ENGINEER
2.1 STUDY AND REPORT PHASE / FEASIBILITY REPORT
Page 56 of 176
2
2.1.1. Consult with OWNER to clarify and define OWNER'S requirements for the Project,
review available data and attend necessary meetings and be available for general consultation.
2.1.2. Advise OWNER as to the necessity of OWNER'S providing or obtaining from
others data or services of the types described in paragraph 4, and assist OWNER in obtaining such
data and services.
2.1.3. Identify and analyze requirements of governmental authorities having jurisdiction to
approve the design of the Project and participate in consultations with such authorities.
2.1.4. Provide analyses of OWNER'S needs, planning surveys, site evaluations and
comparative studies of prospective sites and solutions.
2.1.5. Provide a general economic analysis of OWNER'S requirements applicable to
various alternatives.
2.1.6. The ENGINEER shall conduct and prepare preliminary studies, layouts, sketches,
preliminary field work, preliminary cost estimates, estimates of assessment rates, and shall assist the
OWNER in obtaining required subsurface investigations as required for the preparation of the
Feasibility Reports. The Feasibility Reports shall conform to the requirements of Minn. Stat.
Chapter 429 if the cost of the project may be assessed in whole or part. The report shall contain
schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate
clearly the considerations involved (including applicable requirements of governmental authorities
having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth
ENGINEER'S findings and recommendations. This Report will be accompanied by ENGINEER'S
opinion of probable costs for the Project, including the following which will be separately itemized:
construction cost and indirect cost consisting of engineering costs and contingencies, and (on the
basis of information furnished by OWNER) allowances for such other items as charges of all other
professionals and consultants, for the cost of land and rights-of-way, for compensation for or
damages to properties, for interest and financing charges and for other services to be provided by
others for OWNER. The total of all construction and indirect costs are hereinafter called "Total
Project Costs".
2.1.7. Furnish five (5) printed copies of the Study and Report documents and one (1)
electronic file and review them in person with OWNER.
2.1.8. The ENGINEER shall assist with presenting the Feasibility Reports to the proper
reviewing agencies and to the City Council. The ENGINEER shall appear at the public hearing to
present the information.
2.2 PRELIMINARY DESIGN PHASE
2.2.1. In consultation with OWNER and on the basis of the accepted Study and Report
documents, determine the general scope, extent and character of the Project; attend necessary
meetings and be available for general consultation.
2.2.2. Prepare Preliminary Design documents consisting of final design criteria,
preliminary drawings, outline specifications and written descriptions of the Project.
2.2.3. Advise OWNER if additional data or services of the types described in paragraph
4.4 are necessary and assist OWNER in obtaining such data and services.
Page 57 of 176
3
2.2.4. Based on the information contained in the Preliminary Design documents, submit a
revised opinion of probable Total Project Costs.
2.2.5. Furnish preliminary legal descriptions and exhibits for all permanent and temporary
easements anticipated to construct the Project.
2.2.6. Furnish three (3) copies of the above Preliminary Design documents and one (1)
electronic copy and present and review them in person with OWNER
2.3 FINAL DESIGN PHASE
2.3.1. On the basis of the accepted Preliminary Design documents, the City’s design
standards, and the revised opinion of probable Total Project Costs prepare for incorporation in the
Bidding Documents final drawings to show the general scope, extent and character of the work to
be furnished and performed by Contractor(s) (hereinafter called "Plans") and Specifications.
2.3.2. Provide technical criteria, written descriptions and design data for use in filing
applications for permits with or obtaining approvals of such governmental authorities as have
jurisdiction to approve the design of the Project and assist OWNER in consultations with
appropriate authorities. The ENGINEER shall submit all applications and permit support data to the
appropriate agencies and submit copies to the OWNER.
2.3.3. Based on property information received from OWNER in accordance with
Paragraph 4.4, provide legal descriptions and exhibits for all easements, property surveys or related
engineering services needed for the transfer of interests in real property and field surveys for design
purposes and engineering surveys and staking to enable Contractor(s) to proceed with their work.
2.3.4. Advise OWNER of any adjustments to the latest opinion of probable Total Project
Costs caused by changes in general scope, extent or character or design requirements of the Project
or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based
on the Plans and Specifications.
2.3.5. Prepare for review and approval by OWNER, its legal counsel and other advisors
contract agreement forms, general conditions and supplementary conditions, and (where
appropriate) bid forms, invitations to bid and instructions to bidders, and assist in the preparation of
other related documents.
2.3.6. Attend necessary hearings and meetings and be available for general consultation.
2.3.7. Furnish three (3) copies of the listed Final Design documents, including the Plans
and Specifications, and present and review them in person with OWNER.
2.3.8. The ENGINEER shall furnish one copy of all design calculations when requested by
OWNER.
2.4 BIDDING OR NEGOTIATING PHASE
2.4.1. The ENGINEER shall prepare and forward the Advertisement for Bids to the
designated publications, online bidding site, and official newspaper and the OWNER. The
ENGINEER shall supply up to thirty (30) sets of full size final Plans and Specifications for use in
obtaining bids and submitting for general review. The ENGINEER shall maintain a record of
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prospective bidders to whom Bidding Documents have been issued, attend pre-bid meetings and
receive and process deposits for Bidding Documents.
2.4.2. Prepare Contract Documents.
2.4.3. Issue addenda as appropriate to interpret, clarify or expand the Bidding Documents.
2.4.4. Consult with and advise OWNER as to the acceptability of the prime contractor and
subcontractors, suppliers, and other persons and organizations proposed by the prime contractor(s)
(herein called "Contractor(s)") for the portions of the work where acceptability is required by the
Bidding Documents.
2.4.5. Consult with and advise OWNER concerning and determining the acceptability of
substitute materials and equipment proposed by Contractor(s) when substitution prior to the award
of contracts is allowed by the Bidding Documents.
2.4.6. Attend the bid opening, prepare bid tabulation sheets and assist OWNER in
evaluating bidder qualifications and recommendations on bids, and in assembling and awarding
contracts for construction, materials, equipment and services.
2.5 CONSTRUCTION PHASE
2.5.1. General Administration of Construction Contract. ENGINEER shall consult with
and advise OWNER and act as OWNER'S representative. All of OWNER'S instructions to
Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of
OWNER to the extent provided in the General Conditions except as otherwise provided in writing.
The General Conditions shall not be modified without the written agreement of the OWNER.
2.5.2. Visits to Site and Observation of Construction. In connection with observations of
the work of Contractor(s) while it is in progress:
2.5.2.1. ENGINEER shall make visits to the site at intervals appropriate to the
various stages of construction as ENGINEER deems reasonable and
necessary in order to observe as an experienced and qualified design
professional the progress and quality of the various aspects of
Contractor(s) work. In addition, if requested by OWNER, ENGINEER
shall provide the services of a Resident Project Representative (and
assistants as agreed) at the site to assist ENGINEER and to provide more
continuous observation of such work. Based on information obtained
during such visits and on such observations, ENGINEER shall endeavor
to determine in general if the work is proceeding in accordance with the
Contract Documents and ENGINEER shall keep OWNER informed of
the progress of the work.
2.5.2.2. The Resident Project Representative (and any assistants) will be under
ENGINEER'S supervision.
2.5.2.3. ENGINEER shall not, during such visits or as a result of such
observations of Contractor(s)' work in progress, supervise, direct, or have
control over Contractor(s)' work, nor shall ENGINEER have control or
charge of and shall not be responsible for the Contractor(s)' means,
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methods, techniques, sequences, or procedures of construction selected
by Contractor(s), for safety precautions and programs incident to the
work of Contractor(s) or for any failure of Contractor(s) to comply with
laws, rules, regulations, ordinances, codes, or orders applicable to
Contractor(s) furnishing and performing their work. Accordingly,
ENGINEER can neither guarantee the performance of the construction
contracts by Contractor(s) nor assume responsibility for Contractor(s)'
failure to furnish and perform their work in accordance with the Contract
Documents.
2.5.2.4. If ENGINEER observes or otherwise becomes aware of defects or
deficiencies in the work, or nonconformance to the Contract Documents,
ENGINEER shall promptly give written notice thereof to OWNER.
2.5.3. Defective Work. During such visits and on the basis of such observation,
ENGINEER may disapprove of or may reject Contractor(s) work while it is in progress if
ENGINEER believes that such work will not produce a completed Project that conforms generally
to the Contract Documents or that it will prejudice the integrity of the design concept of the Project
as reflected in the Contract Documents.
2.5.4. Interpretations and Clarifications. ENGINEER shall issue necessary interpretations
and clarifications of the Contract Documents and in connection therewith prepare work directive
changes and change orders as required for OWNER'S approval.
2.5.5. Shop Drawings. ENGINEER shall review and approve (or take other appropriate
action in respect of) Shop Drawings, samples and other data which Contractor(s) are required to
submit, but only for conformance with the design concept of the Project and compliance with the
information given in the Contract Documents. Such reviews and approvals or other action shall not
extend to means, methods, techniques, sequences or procedures of construction or to safety
precautions and programs incident thereto.
2.5.6. Substitutes. ENGINEER shall evaluate and determine the acceptability of substitute
materials and equipment proposed by Contractor(s).
2.5.7. Inspections and Tests. ENGINEER shall have authority, as OWNER'S
representative, to require special inspection or testing of the work by Contractor, and shall receive
and review all certificates of inspections, testing and approvals required by laws, rules, regulations,
ordinances, codes, orders or the Contract Documents (but only to determine generally that their
content complies with the requirements of, and the results certified indicate compliance with, the
Contract Documents). ENGINEER shall be entitled to rely on the results of such tests.
2.5.8. ENGINEER shall respond to all written claims submitted by Contractor in a timely
fashion. ENGINEER shall not be liable to OWNER or any third party for the results of any such
interpretations or decisions rendered in good faith.
2.5.9. Applications for Payment. Based on ENGINEER'S on-site observations as an
experienced and qualified design professional, on information provided by the Resident Project
Representative and on review of applications for payment and the accompanying data and
schedules:
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2.5.9.1. ENGINEER shall determine the amounts owing to Contractor(s) and
recommend in writing payments to Contractor(s) in such amounts and
the OWNER shall verify the amounts. Such recommendations of
payment will constitute a representation to OWNER, based on such
observations and review, that the work has progressed to the point
indicated, and that, to the best of ENGINEER'S knowledge, information
and belief, the quality of such work is generally in accordance with the
Contract Documents (subject to an evaluation of such work as a
functioning whole prior to or upon Substantial Completion, to the results
of any subsequent tests called for in the Contract Documents and to any
other qualifications stated in the recommendation). In the case of unit
price work, ENGINEER'S recommendations of payment will include
final determinations of quantities and classifications of such work
(subject to any subsequent adjustments allowed by the Contract
Documents).
2.5.9.2. By recommending any payment ENGINEER will not thereby be deemed
to have represented that exhaustive, continuous or detailed reviews or
examinations have been made by ENGINEER to check the quality or
quantity of Contractor(s)' work as it is furnished and performed beyond
the responsibilities specifically assigned to ENGINEER in this
Agreement and the Contract Documents. ENGINEER'S review of
Contractor(s)' work for the purposes of recommending payment will not
impose on ENGINEER responsibility to supervise, direct or control such
work or for the means, methods, techniques, sequences or procedures of
construction or safety precautions or programs incident thereto or
Contractor(s)' compliance with laws, rules, regulations, ordinances,
codes or orders applicable to their furnishing and performing the work. It
will also not impose on ENGINEER responsibility to make any
examination to ascertain how or for what purposes any Contractor has
used the money paid on account of the Contract Price, or to determine
that title to any of the work, materials or equipment has passed to
OWNER free and clear of any lien, claims, security interests or
encumbrances, or that there may not be other matters at issue between
OWNER and Contractor that might affect the amount that should be
paid.
2.5.10. Contractor(s)' Completion Documents. ENGINEER shall receive and review
maintenance and operating instructions, schedules, guarantees, bonds and certificates of insurance,
tests and approvals which are to be assembled by Contractor(s) in accordance with the Contract
Documents (but such review will only be to determine that their content complies with the
requirements of, and in the case of certificates on inspection, tests and approvals the results certified
indicate compliance with, the Contract Documents); and shall transmit them to OWNER with
written comments.
2.5.11. Inspections. ENGINEER shall conduct an inspection to determine if the work is
substantially complete and a final inspection to determine if the completed work is acceptable so
that ENGINEER may recommend, in writing, final payment to Contractor(s) and give written notice
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to OWNER and the Contractor(s) that the work is acceptable (subject to any conditions therein
expressed), but any such recommendation and notice will be subject to the limitations expressed in
paragraph 2.5.5.
2.5.12. Limitation of Responsibilities. ENGINEER shall not be responsible for the acts or
omissions of any Contractor, or of any subcontractor or supplier, or any of the Contractor(s)' or
subcontractors' or suppliers' agents or employees of any other persons (except ENGINEER'S own
employees and agents) at the site or otherwise furnishing or performing any of the Contractor(s)'
work; however, nothing contained in paragraphs 2.5.1 through 2.5.12 inclusive, shall be construed
to release ENGINEER from liability for failure to properly perform duties and responsibilities
assumed by ENGINEER in the Contract Documents.
2.6 OPERATIONAL PHASE
2.6.1. Intentionally omitted.
2.6.2. Provide assistance in connection with the refining and adjusting of any equipment or
system.
2.6.3. Assist OWNER in training OWNER'S staff to operate and maintain the Project.
Training shall be mutually agreed upon within the Supplemental Agreement or Task Order as
Additional Services as defined in Section 3 of this agreement.
2.6.4. Assist OWNER in developing systems and procedures for control of the operation
and maintenance of and record keeping for the Project.
2.6.5. Within ninety (90) days after completion of a Project, prepare a set of reproducible
record prints of Drawings and an electronic version that satisfy the City of Mendota Heights Record
Drawing requirements, attached hereto, showing those changes made during the construction
process, based on the marked-up prints, drawings and other data furnished by Contractor(s) to
ENGINEER and which ENGINEER considered significant. ENGINEER will not be responsible for
any errors or omissions in the information provided by Contractor that is incorporated in the record
drawings and record documents. Final payment will be made only after record drawings are
received by the OWNER.
2.6.6. In company with OWNER, visit the Project to observe any apparent defects in the
completed construction, assist OWNER in consultations and discussions with Contractor(s)
concerning correction of such deficiencies, and make recommendations as to replacement or
correction of defective work.
2.6.7. Assist OWNER in preparation of assessment roll for City of Mendota Heights
improvement projects and attend assessment hearings.
3.ADDITIONAL PUBLIC IMPROVEMENT PROJECT SERVICES OF ENGINEER
3.1 SERVICES REQUIRING ADVANCE AUTHORIZATION.
If authorized in writing by OWNER, ENGINEER may furnish or obtain from others Additional
Services of the types listed in paragraphs 3.1.1 through 3.1.12, inclusive. These services are not
included as part of Basic Services except to the extent provided otherwise by attached Supplemental
Agreement or Task Order and will be paid for by OWNER as indicated in Section 6.
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3.1.1. Preparation of applications and supporting documents (in addition to those furnished
under Basic Services) for private or governmental grants, loans or advances in connection with the
Project; preparation or review of environmental assessments and impact statements; review and
evaluation of the effect on the design requirements of the Project of any such statements and
documents prepared by others; and assistance in obtaining approvals of authorities having
jurisdiction over the anticipated environmental impact of the Project.
3.1.2. Field Services to make measured drawings of or to investigate existing conditions or
facilities, or to verify the accuracy of drawings or other information furnished to OWNER by others,
including surveys to verify location or improve accuracy of record information provided by
Contractor under Paragraph 2.6.5.
3.1.3. Services resulting from significant changes in the general scope, extent or character
of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule, character of construction or method of financing; and revising previously accepted
studies, reports, design documents or Contract Documents when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the
preparation of such studies, reports or documents, or are due to any other causes beyond
ENGINEER'S control.
3.1.4. Providing renderings or models for OWNER'S use.
3.1.5. Preparing documents for alternate bids requested by OWNER for Contractor(s)'
work which is not executed or documents for out-of-sequence work.
3.1.6. Investigations and studies involving, but not limited to, detailed consideration of
operations, maintenance and overhead expenses; providing value engineering during the course of
design; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules
and appraisals; assistance in obtaining financing for the Project; evaluating processes available for
licensing; assisting OWNER in obtaining process licensing; detailed quantity surveys of material,
equipment and labor; and audits or inventories required in connection with construction performed
by OWNER.
3.1.7. Furnishing services of independent professional associates and consultants for other
than Basic Services (which include, but are not limited to, customary civil, structural, mechanical
and electrical engineering and customary architectural design incidental thereto); and providing data
or services of the types described in paragraph 4.4 when OWNER employs ENGINEER to provide
such data or services in lieu of furnishing the same in accordance with paragraph 4.4.
3.1.8. Services during out-of-town travel required of ENGINEER other than visits to the
site or OWNER'S office.
3.1.9. Assistance in connection with bid protests, rebidding or renegotiating contracts for
construction, materials, equipment or services, except when such assistance is required to complete
services called for in paragraph 2.4.
3.1.10. Preparation of operating, maintenance and staffing manuals to supplement Basic
Services under paragraph 2.5.10.
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3.1.11. Preparing to serve or serving as a consultant or witness for OWNER in any
litigation, arbitration or other legal or administrative proceeding involving the Project unless the
ENGINEER is a defendant (except for assistance in consultations which is included as part of Basic
Services.
3.1.12. Additional services in connection with the Project, including services which are to
be furnished by OWNER in accordance with Section 4, and services not otherwise provided for in
this Agreement.
3.2 SERVICES NOT REQUIRING ADVANCE AUTHORIZATION.
When required by the Contract Documents in circumstances beyond ENGINEER'S control,
ENGINEER shall furnish or obtain from others, as circumstances require during construction and
without waiting for specific authorization from OWNER, Additional Services listed in paragraphs
3.2.1 through 3.2.5, inclusive. ENGINEER shall be entitled to additional compensation for any and
all Additional Services rendered under any applicable Supplement Agreement or Task Order. These
services are not included as part of Basic Services except to the extent provided otherwise by
attached Supplemental Agreement or Task Order. ENGINEER shall advise OWNER promptly after
starting any such Additional Services which will be paid for by OWNER.
3.2.1. Services in connection with work directive changes and change orders to reflect
changes requested by OWNER if the resulting change in compensation for Basic Services is not
commensurate with the Additional Services rendered.
3.2.2. Services in making revisions to Plans and Specifications occasioned by the
acceptance of substitutions proposed by Contractor(s); and services after the award to each contract
in evaluating and determining the acceptability of an unreasonable or excessive number of
substitutions proposed by Contractor.
3.2.3. Services resulting from significant delays, changes or price increases occurring as a
direct or indirect result of material, equipment or energy shortages.
3.2.4. Additional or extended services during construction made necessary by (1) work
damaged by fire or other cause during construction, (2) a significant amount of defective or
neglected work of any Contractor, (3) acceleration of the progress schedule involving services
beyond normal working hours, and (4) default by any Contractor.
3.2.5. Services (other than Basic Services during the Operational Phase) in connection with
any partial use of any part of the Project by OWNER prior to Substantial Completion.
4. OWNER'S PUBLIC IMPROVEMENT PROJECT RESPONSIBILITIES.
OWNER shall do the following:
4.1 Designate in writing a person to act as OWNER'S representative with respect to the services
to be rendered under this Agreement, such person shall have complete authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with respect
to ENGINEER'S services for the Project.
4.2 Provide criteria and information as to OWNER'S requirements for the Project, including
design objectives and constraints, space, capacity and performance requirements, flexibility and
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expandability, and any budgetary limitations; and furnish copies of design and construction
standards OWNER will require to be included in the Plans and Specifications.
4.3 Assist ENGINEER by placing at ENGINEER'S disposal all available information pertinent
to the Project including previous reports and any other data relative to design or construction of the
Project.
4.4 Furnish to ENGINEER as required for performance of ENGINEER'S Basic Services except
to the extent provided otherwise by attached amendment, the following:
4.4.1. Data prepared by or services of others, including without limitation, borings, and
subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples,
materials and equipment;
4.4.2. Appropriate professional interpretations of all the foregoing;
4.4.3. Environmental assessment and impact statements, if needed;
4.4.4. Property, boundary, easement, right-of-way, topographic and utility surveys;
4.4.5. Property descriptions; and
4.4.6. Zoning, deed and other land use restrictions;
All of which ENGINEER may use and rely upon in performing services under this Agreement.
4.5 Provide engineering surveys or authorize ENGINEER to establish reference points for
construction to enable Contractor(s) to proceed with the layout of the work.
4.6 Arrange for access to and make all provisions for ENGINEER to enter upon public and
private property as required for ENGINEER to perform services under this Agreement.
4.7 Examine all studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by ENGINEER. Obtain advice of an attorney, insurance counselor and other
consultants as OWNER deems appropriate for such examination and render in writing decisions
pertaining thereto within a reasonable time so as not to delay the services of ENGINEER.
4.8 Prepare applications and provide support for approvals and permits from all governmental
authorities having jurisdiction over the Project and such approvals and consents from others as may
be necessary for completion of the Project.
4.9 Provide such accounting, independent cost estimating and insurance counseling services as
may be required for the Project, such legal services as OWNER may require or ENGINEER may
reasonably request with regard to legal issues pertaining to the Project including any that may be
raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what
purpose any Contractor has used the monies paid under the construction contract, and such
inspection services as OWNER may require to ascertain that Contractor(s) are complying with any
law, rule, regulations, ordinance, code or order applicable to their furnishing and performing the
work.
4.10 If OWNER designates a person to represent OWNER at the site who is not ENGINEER or
ENGINEER'S agent or employee, the duties, responsibilities and limitations of authority of such
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other person and the affect thereof on the duties and responsibilities of ENGINEER and the
Resident Project Representative (and any assistants) will be set forth in a supplemental agreement.
4.11 If more than one prime contract is to be awarded for construction, materials, equipment and
services for the entire Project, designate a person or organization to have authority and
responsibility for coordinating the activities among the various prime contractors.
4.12 Furnish to ENGINEER data or estimated figures as to OWNER'S anticipated costs for
services to be provided by others for OWNER so that ENGINEER may make the necessary
findings to support opinions of probable Total Project Costs.
4.13 Attend the pre-bid meeting, bid opening, pre-construction meetings, construction progress
and other job-related meetings and substantial completion inspections and final payment
inspections.
4.14 Give prompt written notice to ENGINEER whenever OWNER observes or otherwise
becomes aware of any development that affects the scope of timing of ENGINEER'S services, or
any defect or nonconformance in the work of any Contractor.
4.15 Furnish, or direct ENGINEER to provide, Additional Services as stipulated in paragraph 3.1
of this Agreement or other services as required.
4.16 Require all Private Utilities with facilities in the OWNER’S right of way to:
(a) Locate and mark said utilities upon request;
(b) Relocate and/or protect said utilities as determined necessary to accommodate the
proposed Work;
(c) Submit a schedule of the necessary relocation/protection activities to the OWNER
for review.
4.17 Bear all costs incident to compliance with the requirements of this Section 4.
5. PERIODS OF PROJECT SERVICE
5.1 The provisions of Section 6 and the various rates of compensation for ENGINEER'S
services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly
and continuous progress of the Project through completion of the Construction Phase.
ENGINEER'S obligation to render services hereunder will extend for a period which may
reasonably be required for the design, award of contracts, construction and initial operation of the
Project including extra work and required extensions thereto.
5.2 The services called for in the Study and Report Phase will be completed and the Report
submitted within the agreed period after written authorization to proceed with that phase of services
which will be given by OWNER.
5.3 After acceptance by OWNER of the Study and Report Phase documents indicating any
specific modifications or changes in the general scope, extent or character of the Project desired by
OWNER, and upon written authorization from OWNER, ENGINEER shall proceed with the
performance of the services called for in the Preliminary Design Phase and shall submit preliminary
design documents and a revised opinion of probable Total Project Costs within the agreed period.
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5.4 After acceptance by OWNER of the Preliminary Design Phase documents and revised
opinion of probable Total Project Costs, indicating any specific modifications or changes in the
general scope, extent or character of the Project desired by OWNER, and upon written authorization
from OWNER, ENGINEER shall proceed with the performance of the services called for in the
Final Design Phase; and shall deliver Contract Documents and a revised opinion of probable Total
Project Costs for all work of Contractor(s) on the Project within the agreed period.
5.5 ENGINEER'S services under the Study and Report Phase, Preliminary Design Phase, and
Final Design Phase, shall each be considered complete when the submissions for that phase have
been accepted by OWNER.
5.6 After acceptance by OWNER of the ENGINEER'S Drawings, Specifications and other
Final Design Phase documentation including the most recent opinion of probable Total Project
Costs and upon written authorization to proceed, ENGINEER shall proceed with performance of the
services called for in the Bidding or Negotiating phase. This Phase shall terminate and the services
to be rendered thereunder shall be considered complete upon commencement of the Construction
Phase or upon cessation of negotiations with prospective Contractor(s).
5.7 The Construction Phase will commence with the execution of the first prime contract to be
executed for the work of the Project or any part thereof and will terminate upon written
recommendation by ENGINEER of final payment on the last prime contract to be completed.
Construction Phase services may be rendered at different times in respect of separate prime
contracts if the Project involves more than one prime contract.
5.8 The Operational Phase will commence during the Construction Phase and will terminate
upon the last of the following events: (1) one year after the date of Substantial Completion, as
defined in the Contract Documents, if the last prime contract for construction, materials and
equipment on which substantial completion is achieved; (2) after final payment to the Contractor(s);
(3) after all known issues have been satisfactorily resolved.
5.9 If OWNER requests significant modifications or changes in the general scope, extent or
character of the Project, the time of performance of ENGINEER'S services shall be adjusted
equitably.
5.10 OWNER shall give prompt authorization to proceed or not proceed with any phase of
services after completion of the immediately preceding phase.
5.11 In the event that the work designed or specified by ENGINEER is to be furnished or
performed under more than one prime contract, or if ENGINEER'S services are to be separately
sequenced with the work of one or more prime contractors (such as in the case of fast-tracking),
OWNER and ENGINEER shall, prior to commencement of the Final Design Phase, develop a
schedule for performance of ENGINEER'S services during the Final Design, Bidding or
Negotiating and Construction Phases in order to sequence and coordinate properly such services as
are applicable to the work under such separate contracts.
6.PAYMENTS TO ENGINEER
6.1 PAYMENT.
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For Project services, ENGINEER will be paid in accordance with the Supplemental
Agreement or Task Order between the parties for the Project, at the hourly rate specified in
Exhibit A.
6.2 OTHER PROVISIONS CONCERNING PAYMENTS.
6.2.1. If OWNER fails to make any payment due ENGINEER for services and expenses
within thirty five (35) days after receipt of ENGINEER'S statement therefor, the amounts due
ENGINEER will be increased at the rate of one-half percent (1/2%) per month from said thirtieth
day, and in addition, ENGINEER may, after giving seven (7) days' written notice to OWNER,
suspend services under this Agreement until ENGINEER has been paid in full all amounts due for
services, expenses and charges.
6.2.2. In the event of termination by OWNER under paragraph 8.1 upon the completion of
any phase of the Basic Services or Additional Services, progress payments due ENGINEER for
services rendered through such phase shall constitute total payment for such services. In the event of
such termination by OWNER during any phase of the Basic Services or Additional Services,
ENGINEER will be paid for services actually and necessarily rendered during that phase by
ENGINEER'S principals and employees engaged directly on the Project, on the basis of
ENGINEER'S Hourly Costs based upon the fee schedule set forth in the Supplemental Services or
Task Order.
In the event of any such termination, ENGINEER also will be reimbursed for the reasonable
charges of independent professional associates and consultants employed by ENGINEER to render
all Basic Services and Additional Services and any unpaid reimbursables.
6.2.3. Records of ENGINEER'S time pertinent to ENGINEER'S compensation under this
Agreement will be kept in accordance with ENGINEER’S normal and customary practices. Copies
will be made available to OWNER at cost on request prior to final payment for ENGINEER'S
services.
6.2.4. ENGINEER shall comply with Minnesota Statute § 471.425. ENGINEER must pay
its own Subcontractor for all undisputed services provided by Subcontractor within ten (10) days of
ENGINEER’S receipt of payment from OWNER. ENGINEER must pay interest of one and five-
tenths percent (1.5%) per month or any part of a month to Subcontractor on any undisputed amount
not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid
balance of One Hundred Dollars ($100) or more is Ten Dollars ($10).
7.CONSTRUCTION COST AND OPINIONS OF COST
7.1 CONSTRUCTION COST.
The construction cost of the entire Project (herein referred to as "Construction Cost") means the
total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER,
but it will not include indirect costs such as ENGINEER'S compensation and expenses, the cost of
land, rights-of-way, or compensation for or damages to, properties unless this Agreement so
specifies, nor will it include OWNER'S legal, accounting, insurance counseling or auditing services,
or interest and financing charges incurred in connection with the Project or the cost of other services
to be provided by others to OWNER pursuant to paragraph 4. (Construction Cost is one of the items
comprising Total Project Cost which is defined in paragraph 2.2.6).
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7.2 OPINIONS OF COST.
Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished
by others, or over the Contractor(s) methods of determining prices, or over competitive bidding or
market conditions, ENGINEER'S opinions of probable Total Project Costs and Construction Cost
provided for herein are to be made on the basis of ENGINEER'S experience and qualifications and
represent ENGINEER'S best judgment as an experienced and qualified professional engineer,
familiar with the construction industry; but ENGINEER cannot and does not guarantee that
proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable
cost prepared by ENGINEER.
8.GENERAL
8.1 INDEPENDENT CONTRACTOR.
The City of Mendota Heights hereby retains ENGINEER as an independent contractor upon the
terms and conditions set forth in this Master Agreement. The ENGINEER is not an employee of
the City of Mendota Heights and is free to contract with other entities as provided herein.
ENGINEER shall be responsible for selecting the means and methods of its own services in
performing the work. ENGINEER shall furnish any and all supplies, equipment, and incidentals
necessary for ENGINEER’S performance under this Agreement. The City of Mendota Heights and
ENGINEER agree that ENGINEER shall not at any time or in any manner represent that
ENGINEER or any of ENGINEER’S agents or employees are in any manner agents or employees
of the City of Mendota Heights. ENGINEER shall be exclusively responsible under this Agreement
for ENGINEER’S own FICA payments, workers compensation payments, unemployment
compensation payments, withholding amounts, and/or self-employment taxes if any such payments,
amounts, or taxes are required to be paid by law or regulation.
8.2 TERMINATION.
OWNER may terminate this Agreement and any Supplemental Agreement or Task Order without
cause by written notice delivered to the ENGINEER. Upon termination under this provision, if
there is no fault of the ENGINEER, the ENGINEER shall be paid for all services rendered and
reimbursable expenses until the effective date of termination. If however, the OWNER
terminates the Agreement because the ENGINEER has failed to perform in accordance with this
Agreement, no further payment shall be made to the ENGINEER, and the OWNER may retain
another contractor to undertake or complete the work identified in the Contract Documents.
ENGINEER may terminate this Agreement and any other Supplement Agreement or Task Order
if OWNER fails to perform any obligation under this Agreement, including but not limited to
failing to pay ENGINEER for services rendered under the Agreement, or any Supplemental
Agreement or Task Order.
8.3 DOCUMENTS, WORK PRODUCT, & INSTRUMENTS OF SERVICE.
The work product of ENGINEER, including data, information, drawings, results, ideas,
developments, plans, specifications, reports or inventions, regardless of format or media, which
ENGINEER conceives or reduces to practice during the course of its performance under this
Agreement are Instruments of Service, and ENGINEER shall retain an ownership and property
interest therein (including the right of reuse at the discretion of the ENGINEER). ENGINEER
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grants to the City of Mendota Heights and irrevocable license to use such Instruments of Service
as deemed necessary by the City of Mendota Heights. ENGINEER will furnish the City of
Mendota Heights with electronic data versions of drawings, reports or other written documents
(“Digital Data”) compatible with the City of Mendota Heights’ software if requested by the City
of Mendota Heights and provide such information in hard copy form. In the event of any
conflict between hard copy documents and the Digital Data, the hard copy document shall
govern. The Digital Data shall be prepared in a format determined by ENGINEER. Any Digital
Data submitted by the ENGINEER to the City of Mendota Heights is submitted for an
acceptance period of 60 days (“Acceptance Period”). Any defects, to the extent caused by
ENGINEER’s negligence, which are discovered by the City of Mendota Heights during this
period and which are reported to the ENGINEER will be corrected by the ENGINEER at no
extra charge. For correction of defects reported to the ENGINEER after the Acceptance Period,
the City of Mendota Heights shall compensate ENGINEER on an hourly basis at ENGINEER’s
billing rates. The City of Mendota Heights understands that the Digital Data is perishable and
the City of Mendota Heights is responsible for maintaining it. All data collected, created,
received, maintained, or disseminated, or used for any purposes in the course of the
ENGINEER’s performance of the Agreement is governed by the Minnesota Government Data
Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state
statutes and state rules adopted to implement the Act, as well as state statutes and federal
regulations on data privacy. ENGINEER makes no representation that Instruments of Service
provided for any specific project are suitable for reuse, modification or benefit of City of
Mendota Heights or others on extensions of the Project, modifications or any other project. Any
reuse or modification of ENGINEER’s Instruments of Service without written verification or
adaption by ENGINEER, as appropriate for the specific purpose intended, will be at the City of
Mendota Heights’ sole risk and without liability or legal exposure to ENGINEER. The City of
Mendota Heights shall indemnify and hold harmless the ENGINEER from all claims, damages,
losses and expenses, including attorneys’ fees, arising out of any reuse or modification of the
Instruments of Service without the participation of the ENGINEER.
8.4 MINNESOTA GOVERNMENT DATA PRACTICES ACT.
The ENGINEER must comply with the Minnesota Government Data Practices Act, Minnesota
Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and
(2) all data, created, collected, received, stored, used, maintained, or disseminated by the
ENGINEER pursuant to this Agreement. In the event the ENGINEER receives a request to release
data, the ENGINEER must notify the OWNER prior to releasing any data. The OWNER will give
the ENGINEER instructions concerning the release of the data to the requesting party before the
data is released and the ENGINEER will be reimbursed as Additional Public Improvement Services
by OWNER under Paragraph 3.1 for ENGINEER’S reasonable costs in complying with a request to
release data. The terms of this paragraph shall survive the cancellation or termination of this
Agreement.
8.5 INSURANCE
8.5.1. ENGINEER shall secure and maintain such insurance as will protect ENGINEER
from claims under the Worker's Compensation Acts, automobile liability, and from claims for
bodily injury, death, or property damage which may arise from the performance of services under
this Agreement. Such insurance shall be written for amounts not less than:
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Commercial General Liability $1,000,000 each occurrence/aggregate
Automobile Liability $1,000,000 combined single limit
Excess/Umbrella Liability $10,000,000 each occurrence/aggregate
The OWNER shall be named as an additional insured on the general liability and umbrella policies
on a primary and non-contributory basis. That part of the Excess/Umbrella Liability Insurance limit
in excess of the required Excess/Umbrella coverage may be utilized to supplement and meet the
required limits for Commercial General and Automobile Liability Insurance.
8.5.2. Professional Liability Insurance. The ENGINEER shall secure and maintain a
professional liability insurance policy. Said policy shall insure payment of damages for legal
liability arising out of the performance of professional services for the OWNER, in the insured's
capacity as ENGINEER, if such legal liability is caused by a negligent act, error or omission of the
insured or any person or organization for which the insured is legally liable. Said policy shall
provide minimum limits of $1,000,000 with a deductible maximum of $250,000 unless the
OWNER agrees to a high deductible.
8.5.3. Before commencing work the ENGINEER shall provide the OWNER a certificate
of insurance evidencing the required insurance coverage. The certificate shall provide that such
insurance will not be canceled until at least 10 days prior written notice has been given to
ENGINEER and OWNER in the case of cancellation due to non-payment of premium and at
least 30 days prior written notice for any other reason, or such longer notification periods as may
be required by statute. Within three days of receipt of such written notice, ENGINEER shall
provide a copy of the notice to OWNER.
8.5.4 ENGINEER shall procure and maintain insurance as required by and set forth in
this Agreement. Notwithstanding any other provision of this Agreement, and to the fullest extent
permitted by law, the total liability, in the aggregate, of ENGINEER and ENGINEER’S officers,
directors, members, partners, agents, employees, and Consultants to OWNER and anyone
claiming by, though, or under OWNER for any and all claims, losses, costs, or damages to the
extent caused by, or in any way related to the Specific Project or the Task Order from any cause
or causes, including but not limited to the negligence of ENGINEER or ENGINEER’S officers,
directors, members, partners, agents, employees, or Consultants (hereafter “OWNER’S
Claims”), shall not exceed the total insurance proceeds paid on behalf of or to ENGINEER by
ENGINEER’S insurers in settlement or satisfaction of OWNER’S Claims under the terms and
conditions of ENGINEER’S insurance policies applicable thereto (excluding fees, costs and
expenses of investigation, claims adjustment, defense, and appeal), up to the amount of insurance
required under this Agreement.
8.6 INDEMNIFICATION.
The ENGINEER agrees, to the fullest extent permitted by law, to indemnify and hold OWNER
harmless from any damage, liability, or cost (including reasonable attorney's fees) to the extent
caused by ENGINEER’s negligent acts, errors, or omissions in the performance of professional
services under this Agreement and those of his or her subcontractors or anyone for whom the
ENGINEER is liable.
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The OWNER agrees, to the fullest extent permitted by law, to indemnify and hold ENGINEER
harmless from any damage, liability, or cost (including reasonable attorney's fees) to the extent
caused by OWNER’s acts, errors, or omissions in the performance of professional services under
this Agreement and those of his or her subcontractors or anyone for whom the OWNER is liable.
8.7 STANDARD OF CARE.
ENGINEER shall perform its services consistent with the professional skill and care ordinarily
provided by design professionals practicing in the same or similar locality under the same or
similar circumstances. ENGINEER shall perform its services as expeditiously as is consistent
with such professional skill and care and the orderly progress of the Project. OWNER agrees to
make no delay claim or other related claims against ENGINEER provided that ENGINEER has
exercised reasonable diligence in the execution of its services. ENGINEER makes no other
representations and no warranties, whether express or implied, with respect to its services
performed under this Agreement or any Supplemental Agreement or Task Order. OWNER shall
not be responsible for discovering deficiencies in the technical accuracy of ENGINEER’S
services.
8.8 AFFIRMATIVE ACTION.
The ENGINEER agrees not discriminate against any person in accordance with federal, state and
local regulations in the performance of services under this Agreement.
8.9 ETHICS.
The ENGINEER shall not assign any interest in this Agreement, Supplemental Agreement or
Task Order, and shall not transfer any interest in the same without the prior written consent of
the City. The ENGINEER shall not accept any private client or project which, by nature, places
it in ethical conflict during its representation of the City. The ENGINEER shall maintain records
that reflect all revenues, costs incurred and services provided in the performance of the
Agreement. The ENGINEER will also agree that the City, the State Auditor, or legislative
authority, or any of their duly authorized representatives at any time during normal business
hours, and as often as they may deem reasonably necessary, shall have access to and the right to
examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., and
accounting procedures and practices of the ENGINEER which are relevant to the contract. The
ENGINEER agrees that it has, or will secure at its own expense, all personnel required in
performing services under the Agreement. Any and all personnel of the ENGINEER or other
persons, while engaged in the performance of any work or services required by the ENGINEER
under the Agreement, shall have no contractual relationship with the City and shall not be
considered employees of the City. The ENGINEER shall agree that nothing in the Agreement is
intended or should be construed in any manner as creating or establishing the relationship of co-
partners between the parties hereto or as constituting the ENGINEER as the agent,
representative, or employee of the City for any purpose or in any manner whatsoever. The
ENGINEER is to be and shall remain an independent contractor with respect to all services
performed under the Agreement.
8.10 NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement shall be construed to give any rights to anyone other than OWNER and
ENGINEER.
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8.11 CONTROLLING LAW/VENUE.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to
this contract shall be venued in the Dakota County District Court.
8.12 SUCCESSORS AND ASSIGNS
8.12.1. OWNER and ENGINEER each is hereby bound and the partners, successors,
executors, administrators and legal representatives of OWNER and ENGINEER are hereby bound
to the other party, to this Agreement and to the partners, successors, executors, administrators and
legal representatives (and said assigns) of such other party, in respect of all covenants, agreements,
and obligations of this Agreement.
8.12.2. Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or
interest in (including, but without limitation, monies that may become due or monies that are due)
this Agreement without the written consent of the other, except to the extent that any assignment,
subletting or transfer is mandated by law or the effect of this limitation may be restricted by law.
Unless specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing
contained in this paragraph shall prevent ENGINEER from employing such independent
professional associates and consultants as ENGINEER may deem appropriate to assist in the
performance of services hereunder.
8.12.3. Nothing under this Agreement shall be construed to give any rights or benefits in
this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities
undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the OWNER and
ENGINEER and not for the benefit of any other party.
8.13 PROMPT PAYMENT TO SUBCONTRACTORS.
ENGINEER agrees to comply with Minn. Stat. §471.425, Subd. 4a, to the extent it hires any
subcontractor to complete services under this Agreement, Supplemental Agreement or Task
Order.
8.14 COPYRIGHT/PATENT INFRINGEMENT.
ENGINEER shall indemnify OWNER for claims charging infringement of any copyright or patent
by the reason of the use or adoption of any design, Drawings or Specifications supplied by
ENGINEER, and ENGINEER shall hold harmless OWNER from loss or damage resulting
therefrom. ENGINEER shall not be responsible for any claims charging infringement of any
copyright or patent by reason of the use or adoption of and design, or Specification supplied by the
OWNER.
8.15 NOTICES.
Any notice required under this Agreement will be in writing, addressed to the appropriate party at
its address on the signature page and given personally, by facsimile, by registered or certified mail
postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of
receipt.
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8.16 SURVIVAL.
All express representations, waivers, indemnifications, and limitations of liability included in this
Agreement will survive its completion or termination for any reason.
8.17 SEVERABILITY.
Any provision or part of the Agreement held to be void or unenforceable under any Laws or
Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon OWNER and ENGINEER, who agree that the Agreement shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable provision that comes as
close as possible to expressing the intention of the stricken provision.
8.18 WAIVER.
A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall
it affect the enforceability of that provision or of the remainder of this Agreement.
8.19 WAIVER OF CONSEQUENTIAL DAMAGES.
OWNER and ENGINEER mutually agree and hereby waive all claims of consequential damages
arising from any disputes, claims, actions, suits, liability losses and damages arising out of or
relating to ENGINEER’S services under this Agreement, Supplemental Agreement or Task Order.
8.20 CLAIMS AND DISPUTES.
If a dispute arises between the Parties, representatives of the Parties having authority to resolve the
dispute shall meet within thirty (30) days of notification of dispute to resolve the dispute. If the
dispute is not resolved within the thirty (30) days, the Parties shall submit the dispute to mediation
with a third-party mediator mutually acceptable to the Parties. The cost of the mediator shall be
borne equally by the Parties. The Parties shall include a similar mediation provision in all their
respective agreements with other parties regarding the Project and will require all such other persons
or entities to include a similar mediation provision in all agreements with their respective
contractors, subcontractors, sub-consultants, suppliers, and fabricators. Such mediation shall be a
condition precedent to a Party filing any judicial proceeding against the other, except as to
delinquent fees owed to ENGINEER. If the Parties do not resolve a dispute through mediation, the
method of binding dispute resolution shall be litigation in a court of competent jurisdiction in the
state of Minnesota, where Minnesota law shall govern without regard to its conflict of laws
provisions.
8.21 FORCE MAJEURE
In the event that either party is prevented from performing, or is unable to perform, any of its
obligations under this Agreement due to any act of God, fire, casualty, flood, war, strike, lock out,
failure of public utilities, injunction or any act, exercise, assertion or requirement of any
governmental authority, epidemic, pandemic, supply chain disruption, destruction of production
facilities, insurrection, inability to obtain labor, materials, equipment, transportation or energy
sufficient to meet needs, or any other cause beyond the reasonable control of the party invoking this
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provision (Force Majeure Event), and if such party shall have used reasonable efforts to avoid such
occurrence and minimize its duration and has given prompt written notice to the other party, then
the affected party’s failure to perform shall be excused and the period of performance shall be
deemed extended to reflect such delay as agreed upon by the parties.
8.22 ENVIRONMENTAL
ENGINEER is not responsible for the presence of hazardous materials on the Project site.
ENGINEER, its principals, employees, agents, contractors and consultants shall perform no
services, and assume no responsibility, for the discharge, investigation, detection, management,
abatement or removal of any toxic or hazardous contaminants or materials relating to the Project
or found at the Project site.
9.PRIOR AGREEMENT
This Agreement supersedes all prior written and oral contracts and agreements except for the
following: _______________________________________________________________________
________________________________________________________________________
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year first above written.
OWNER: ENGINEER:
CITY OF MENDOTA HEIGHTS ____________________________________
BY: BY:
Its Mayor Its ____________
AND
Its City Clerk
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10.a
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: January 21, 2025
AGENDA ITEM: Resolution 2025-06 Appointments to City Advisory Commissions
ITEM TYPE: New and Unfinished Business
DEPARTMENT: Administration CONTACT: Cheryl Jacobson, City
Administrator
ACTION REQUEST:
Approve Resolution 2025-06 Appointing City Advisory Commission Members.
BACKGROUND:
The City's Advisory Commissions include the Planning Commission, Parks and Recreation
Commission, Natural Resources Commission, and Airport Relations Commission. The city
council appoints members of these commissions.
On January 9, the city council held interviews to select appointees to two vacant positions on
the Planning Commission, one on the Parks and Recreation Commission, and one on the
Natural Resources Commission. The council received nine applications and applicants
identified their desired commission.
FISCAL AND RESOURCE IMPACT:
N/A
ATTACHMENTS:
1.Res. 2025-06 Commission Appointments
CITY COUNCIL PRIORITY:
Premier Public Services & Infrastructure, Inclusive and Responsive Government
Page 90 of 176
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2025-06
APPOINTING CITY ADVISORY COMMISSION MEMBERS
WHEREAS, the City’s Advisory Commissions include the Planning Commission, Parks and
Recreation Commission, Airport Relations Commission, and Natural Resources Commission; and
WHEREAS, the city of Mendota Heights benefits from the active participation of citizens in
representing the city on boards and commissions; and
WHEREAS, vacancies on the Planning Commission, Parks and Recreation Commission, and
Natural Resources Commission were advertised and nine interested residents submitted application
materials for consideration; and
WHEREAS, the City Council held interviews on January 9, 2025.
NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that it
hereby appoints the following residents to city advisory commissions with terms expiring January 31,
2028:
Jeff Nath Planning Commission
Steve Goldade Planning Commission
Victor Obisakin Parks and Recreation Commission
Mika Thuening Natural Resources Commission
Adopted by the Mendota Heights City Council this 21st day of January 2025.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
______________________________
Stephanie B. Levine, Mayor
ATTEST:
Nancy Bauer, City Clerk
Page 91 of 176
10.b
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: January 21, 2025
AGENDA ITEM: Pavement Ratings Proposal
ITEM TYPE: New and Unfinished Business
DEPARTMENT: Engineering CONTACT: Lucas Ritchie, Asssitant City
Engineer
Ryan Ruzek, Public Works
Director
ACTION REQUEST:
Approve Proposal from GoodPointe Technology to Collect and Provide Pavement Ratings.
BACKGROUND:
Mendota Heights currently maintains approximately 72 centerline miles of streets, all with a
varying degree of deterioration within the roadway. In order to determine the extent of
deterioration from a surface level, a Pavement Condition Index (PCI) rating is applied to a
roadway based on the distresses or fatigue shown on the surface. Providing an accurate PCI
score (0-100) to a roadway can be instrumental in determining when and what form of
maintenance is needed on a given roadway. Typically, a given streets PCI rating will be stored
on a software or program that will analyze the ratings and distresses against other roadways
within a municipalities network. A comprehensive network of PCI ratings for all City streets will
enable more accurate planning for future maintenance and repairs, supporting strategic
decision-making to maintain the roadways in acceptable condition while balancing budget
constraints.
It is generally recommended to review and update PCI ratings for any roadway every 3-5 years,
as pavement conditions deteriorate over time at varying rates due to factors such as
underlying soil conditions, weather, and other contributing elements. In 2015, the City Council
approved a comprehensive pavement rating of the entire network conducted by GoodPointe
Technology. However, an updated assessment is now needed to ensure accurate PCI ratings
and to evaluate the severity of deterioration. Updated PCI ratings can be reviewed against the
data collected in 2015, along with other factors, to establish deterioration rates and model
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future PCI ratings on a given roadway at a given time with the use of the ICON pavement
management software provided by GoodPointe Technology.
FISCAL AND RESOURCE IMPACT:
City staff solicited proposals from three pavement rating firms and received proposals from
GoodPointe Technology and StreetScan USA to rate all City owned roadways (less roadways
rehabilitated in 2024 as PCI ratings are assumed to be known) and provide pavement
management software. City staff are requesting use of the pavement management software
for a one year time frame at this time and may request additional time at a future time. The
two quotes submitted within the proposals are detailed as follows:
Vendor Pavement
Assessment
Cost
Estimated
Software Set
Up Cost
Annual
Software
Cost
Total Cost
(1-Year)
GoodPointe
- St Paul, MN
$21,125.00 $3,000.00 $1,995.00 $26,120.00
StreetScan USA
– Wakefield, MA
$23,262.00 $4,000.00 $5,750.00 $33,012.00
Michelin Mobility
Intelligence –
Pittsburgh, PA
Proposal
Not
Submitted
The pavement rating was not a budgeted request for 2025; however, there is available
funding through the Utility Franchise fees. As Utility Franchise fees were implemented, it was
anticipated that revenue would amount to $350,000 for the 2024 FY. The current balance
within the Utility Franchise fee has exceeded said amount and is at $381,413.80 leaving a
surplus of $31,413.80 of available budget. Staff recommends using a portion of the available
Utility Franchise fee surplus to approve a proposal from GoodPointe Technology for a not-to-
exceed amount of $26,120.00.
ATTACHMENTS:
1. GoodPointe Technology Proposal
CITY COUNCIL PRIORITY:
Inclusive and Responsive Government, Premier Public Services & Infrastructure
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January 7, 2025
Lucas Ritchie, P.E.
Assistant City Engineer
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Dear Lucas:
On behalf of GoodPointe Technology, I am pleased to present our cost proposal to
provide pavement data collection and management consulting services to the City of
Mendota Heights.
We understand that this project is especially important to the City; the quality of your
decisions to allocate resources and maintain the short- and long-term health of your
pavement network depends on the integrity of the technical models and the quality
of the process used to develop and deliver the results of this project.
To ensure that this critically important project is executed successfully, we have
assembled a team of internationally recognized infrastructure management experts,
engineering professionals, and field technicians to accomplish the required scope of
work. Over the past thirty years we have successfully implemented data collection
plans worldwide for clients just like the City of Mendota Heights.
We appreciate the opportunity to work with you on this project, and we look forward
to providing high-quality pavement data collection and engineering consulting
services to the City.
I am authorized to make representations and commitments on behalf of GoodPointe
Technology.
Sincerely,
GoodPointe Technology
Anthony J. Kadlec
President
Attachment: A.2 Cost Proposal, 1/7/2025
RE: A.2 PROPOSAL TO ASSESS CITY STREET CONDITIONS
Page 94 of 176
Proposal to Assess Street Conditions January 7, 2025
for Mendota Heights, MN
GoodPointe Technology, LLC info@goodpointe.com Page 1 of 22
1. EXECUTIVE SUMMARY
Our plan for this project is to:
Coordinate with the City to gather all available digital legacy source data
required for this project (ESRI roadway centerline shapefile) and load it into our
ICON SaaS pavement management program;
Perform an ASTM PCI Pavement Condition survey on 100% of the visible
pavement surface area of the City Roadway network utilizing 360-degree geo-
referenced GoPro digital imagery, LiDAR and Artificial Intelligence (AI)
technology to extract the ASTM distress types, severity levels, and quantities;
Summarize the results of our PCI pavement condition survey in an XLS report.
Provide an option for the City to use the ICON SaaS Pavement Management
software.
OUR COMPANY
GoodPointe Technology, LLC (GoodPointe) appreciates this opportunity to serve the
City of Mendota Heights and to introduce our company.
Our team provides a wealth of experience that has already served the needs of a
variety of public organizations and private sector clients throughout North America
with a regional emphasis in the Upper Midwest.
GoodPointe specializes in providing high-
quality roadway & right-of-way data collection,
data reduction, and implementation services
for infrastructure management software
systems.
We are the developer of the ICON SaaS Roadway Infrastructure Asset management
system which is widely used throughout North America and in select international
markets.
Our staff includes a talented group of GIS, GPS digital mapping and engineering
professionals who design and build data collection vehicles, develop related software,
provide data collection, GIS mapping, and asset inventory services to a wide variety of
clients in both the public and private sectors.
Our clients include cities, counties, MPOs, state DOTs, telecommunication companies,
utility companies, and transportation agencies. We have contracted for more than
250,000 miles of right of way data collection, mapping, road geometry and asset
inventory on roads and rails in the U.S. and Canada since 1994.
GoodPointe Technology is headquartered in St. Paul, Minnesota, and employs technical
staff located regionally across North America, Europe, and Asia.
Page 95 of 176
Proposal to Assess Street Conditions January 7, 2025
for Mendota Heights, MN
GoodPointe Technology, LLC info@goodpointe.com Page 2 of 22
GoodPointe Technology (www.goodpointe.com) is a privately held, Minnesota-based
LLC:
Address:
GoodPointe Technology, LLC
287 E. 6th Street, Suite 200
St. Paul, MN 55101 USA
EIN: 41-1944808
Role in this Project: GoodPointe will serve as the prime consultant for this project and
will be facilitating the required data collection plan, collection-, quality control-, data
processing services.
WHY SELECT GOODPOINTE TECHNOLOGY FOR THIS PROJECT?
Simply put, the implementation of pavement and related infrastructure asset
management systems and data collection plans is what we do for a living, day in and
day out. We take pride in building and maintaining long-term client relationships and
supporting our clients with their use of our pavement management software and
through the delivery of high- quality pavement condition data.
Beyond collecting objective and repeatable data, our mission is to transform it into
actionable/decision-making information for your staff through the use of the
InfrastructureCONsultant (ICON) pavement management system. The pavement
condition survey proposed in this project will establish a data platform/basis for the City
to develop multi-year Capital Improvement Plans, budget analysis scenarios and to set
the course for improving the condition and value of the City’s pavement assets.
Our experience has taught us to maintain a flexible approach in the process of
working with clients in developing, implementing, and updating infrastructure
maintenance management systems, since each project presents unique challenges
that may depend on a combination of factors including: socio-economic conditions,
infrastructure network condition, available staff resources of the project sponsor, and
organizational receptivity to the management system.
Our comprehensive infrastructure management
software suite is called InfrastructureCONsultant or
ICON for short. ICON is a Cloud based Software as
a Service (SaaS) solution.
ICON is a high-powered, browser-based, and user
designed management system that allows easy access and retrieval for the public
works infrastructure inventory and condition data plus the ability to estimate the cost
and benefit of repair strategies, create maintenance and repair plans, develop
Capital Improvement Plans (CIP), and track service requests/work orders.
ICON-SaaS can be further customized without any additional coding to track and
predict the future condition, performance, budgets and priorities for the greatest
economic benefit of your agency's infrastructure.
Point of Contact:
Mr. Anthony Kadlec, President
Office Phone: (651) 726-2555
Mobile: (651) 271-0422
Email: tkadlec@goodpointe.com
Page 96 of 176
Proposal to Assess Street Conditions January 7, 2025
for Mendota Heights, MN
GoodPointe Technology, LLC info@goodpointe.com Page 3 of 22
This ICON SaaS Software color-coded GIS map query shows the type and location of
recommended paving projects resulting from our multi-year budget analysis module
Key Staff To Be Assigned to this Project
Anthony (Tony) Kadlec, President, Project Manager, GoodPointe Technology
Mr. Kadlec has 30+ years of experience in providing pavement and asset
management services. Mr. Kadlec has provided pavement and asset management
services and systems for more than 250 agencies including many projects similar in size
and scope to this proposed project.
Mr. Kadlec is responsible for the continual development, management, support, and
training of GoodPointe Technology's ICON Pavement / Right of Way Asset
Management System. His responsibilities include project management, financial
management, staffing, and training, developing and implementing the information
management systems that support the operational and end goals of our clients.
Darwin A. Dahlgren, Principal In Charge, GoodPointe Technology
Mr. Dahlgren has more than 35+ years of experience as a civil engineer in both the civil
engineering and the software and system development side of pavement and related
infrastructure data collection, evaluation and management systems and services.
Mr. Dahlgren is well known for his expertise in pavement and infrastructure
management systems and has participated in the successful implementation of right-
of-way design, maintenance, rehabilitation and management system-related projects
for cities, provinces, airports, and government installations worldwide. These
implementations have included the use of state-of-the-art systems and engineering
services designed for accurate, efficient, and cost-effective pavement and right-of-
way data collection, evaluation, management, reporting.
GoodPointe Engineering Technicians / System Data Analysts (Years of Experience)
Tye Wilson (25) Jonathon Patterson (20) Chris Kizer (17) Marata Kadlec (16)
Page 97 of 176
Proposal to Assess Street Conditions January 7, 2025
for Mendota Heights, MN
GoodPointe Technology, LLC info@goodpointe.com Page 4 of 22
2. METHODOLOGY
Project Scope:
TASK 1. PROJECT INITIATION (DATA TRANSFER & NETWORK
UPDATE)
Once the notice of selection has been received, the first step in this project will be to
gather the available source data for this project.
Required Project Source Data:
ESRI Centerline Shapefile (WGS84 Format) linked to roadway inventory; and,
Latest paving projects applied for current inventory (if available).
TASK 2. ASTM PCI PAVEMENT CONDTION SURVEY
Overview
The proposed surface condition evaluation for this project will be based upon the
standard survey distress definition as specified in the methodology of ASTM 6433-23, by
the American Society for Testing and Materials (ASTM). This assessment will provide a
calculated Pavement Condition Index (PCI) for each pavement management
inventory section (e.g. street block) evaluated in the survey.
For the bituminous pavements within the selected project area, the following
pavement surface condition distresses will be utilized for evaluation:
Alligator Cracking Patching
Bleeding (Flushing)Potholes
Block Cracking Raveling
Depression Rutting
Edge Cracking Swells
Longitudinal & Transverse Cracking Weathering
Summary
Part Description Quantity Survey Method/Technology
A Selected AC Roadways 65 miles AI-based Survey w/ GoPro™ 2D & 360°
imagery and LiDAR
Deliverables:
Data to be delivered in MS Excel spreadsheet report with GIS MapID.
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GoodPointe supports the full range of pavement condition survey assessment
methods, from Manual (walking) surveys where data is entered into our customized
ESRI Survey123 mobile data collection app OR onto hardcopy forms, to Semi-
Automated surveys where our trained technicians use our proprietary feature
extraction software to facilitate the inventory or condition survey, to Fully-Automated
AI-based surveys that feature geo-referenced digital GoPro™ 2D & 360° imagery and
integrated LiDAR.
For this project we propose to deploy the Fully-Automated (AI) data collection
technology of our business partner Cyvl.ai, which detects, quantifies, and extracts
ASTM PCI pavement condition surface distress data and exports the results to tabular
XLS data reports.
ASTM PCI pavement condition surface distress is quantified and exportable to ESRI shapefiles
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Field Data Collection Process.
We will use the City-supplied ESRI centerline shapefile map (i.e. ‘Drive Map’) to identify
the routes to be driven and imaged in this project. Data collection will occur at the
posted speed limits and after all routes are imaged, a hard drive is shipped to our
partner for data processing.
Key Survey Technology Features:
1) Vehicle-Mounted Sensor: Automates 3D
LiDAR and GPS-enabled GoPro™ imagery
data capture for linear features (i.e.
roadways).
2) AI Data Processing: Builds a classified 3D
model of the environment from sensor
data. Automates inventories, change
detection, and measurements. Utilizes: 3D
LiDAR Scans, High Resolution Imagery, and
GPS.
3) Actionable Results: Results are made
available quickly via our web-based
platform. AC distress data is automatically
tabulated and formatted to import into
ICON for PCI calculation and QC review.
For this project, asphalt distresses will be detected
and extracted from GoPro imagery and LiDAR scans
and then imported to ICON for PCI calculation, QC
Review, and system analysis. For more info please go
to www.cyvl.ai
CYVL Sensor Specifications:
LiDAR: 360 degrees, 1.3 million points per second, 120 m range, ± 0.7 – 5 cm precision
Camera: 2k resolution, images captured every 20 ft, 360 degrees interactive street view
GPS: RTK level global accuracy, further improved with aerial imagery fusion
Survey data is compiled in 30’ sample cells and averaged on a per segment (e.g. street block)
basis. Color-coded PCI condition maps are generated and exportable to ESRI shapefile.
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The ASTM PCI data is extracted and tabulated for the full width of the pavement in 30’
samples down the length of the roadway and geo-spatially assigned to the
designated client MapID for each segment of the centerline map.
GoodPointe will import the ASTM PCI distress data (distress type, severity level, and
quantity) into the ICON SaaS Pavement Management System for quality control
review, analysis and final PCI calculation.
Quality Control Factors for this 2025 City of Mendota Heights, MN Project
Given:
Nine (9) years has elapsed since the most recent network level PCI survey
was conducted on the City roadway pavement network. GoodPointe
typically recommends a resurvey frequency of 3 to 4 years;
Our Quality Control Plan for the 2025 Mendota Heights PCI Survey Project:
Load the latest (most recently applied) set of available structural and/or non-
structural (e.g. seal coat, rejuvenator treatments, etc.) treatment data for
each pavement management inventory section (e.g. street block);
Evaluate the pattern of variation of 2025 PCI within specific pavement
performance groups (e.g. AC/Residential/Construction,
AC/Residential/Overlay, etc.). This will be more reliable and instructive than
comparing the change of PCI of a given street block from 2016 to 2025,
given the amount of time elapsed between surveys and the difference in PCI
data collection methodology;
Utilize the ICON pavement management quality control framework to
identify the area(s) of the City network that are under-performing relative to
City expectations, for the entire life-cycle of each pavement.
Color-coded PCI condition map for our 2024 PCI Survey Project for the City of St. Paul, MN
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GOODPOINTE QA/QC PROCEDURES
For this project we will deploy the ICON QC framework for the collected PCI to
identify PCI survey results which are outside the normally expected variation of
pavement performance.
For example, if we know that a PCC roadway was constructed ten (10) years ago,
then based upon the specified performance curve we might expect the PCI to be in
the 65 to 100 range. However, if the resulting survey PCI=50 (below the red line), then
the section would be flagged for QC review to confirm the quality of the condition
survey and/or to document any extenuating circumstances (e.g. localized damage,
etc.).
Our Quality Control Batch CI Calculation report enables us to automatically capture
and present meaningful QA/QC information to help ensure that the collected system
data provides an accurate representation of pavement conditions in the field.
Once the pavement distress data has been imported into
the ICON program, clicking the ‘Go’ button generates a
quality control report spreadsheet which compiles the
essential inventory, condition, and latest paving project
history information for each section in the batch.
Example of the ICON Condition Survey QC Report Filter which will be customized and
established for the pavements to be evaluated in this project.
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Condition data included in the ICON QC Report includes the: Current CI (i.e. the PCI from
the current survey); Previous CI (i.e. the PCI from the most recent, previous survey), and
Projected CI (i.e. the expected PCI based on the pavement performance curve
established within the ICON program.
The tabular ICON QC Report will be exported XLS format for offline review and analysis for this project.
Sections with known construction history that demonstrate significant variation
between the ‘Projected PCI’ and the ‘Current PCI’ will be tabulated for review by
the project team and documented in the technical report for this project.
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TASK 3. PROJECT OPTIONS
OPTIONAL TASK 3.1 RIGHT OF WAY ASSET INVENTORY
Using the right of way LiDAR and geo-referenced imagery data collected in this
project, we can also extract, GPS-locate, and deliver above-ground right-of way asset
inventory data in ESRI shapefile format.
Using LiDAR and GoPro imagery we can extract right-of-way asset type and GPS location
Maximizing the Usefulness of the Right of Way Data Collected in This Project
To maximize the return on investment (ROI) realized by the City in this project,
please review the al-a-carte menu of optional asset survey items on the following
page and return your feedback to us at info@goodpointe.com for a not-to-exceed
cost-estimate ($/mile).
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List of Optional Right of Way Asset Features Available for Extraction
Asset Item Category
Need to Have
Data
Attributes
‘Would Like’
Data Attributes
X
Mark the asset(s) you are interested in with an ‘X’ and specify your
‘Need to Have’ and ‘Would Like to Have’ data attributes =>
Linear Assets
Guardrails Safety Barriers
Retaining Wall/Fence ROW Asset
Sidewalk (along road) Transportation
Curb Drainage
Bike Lane Striping & Markings
Flex Delineator Safety Barriers
Jersey Barrier Safety Barriers
Point Assets
Signs Traffic Control
Manhole Covers* Drainage/Utilities
Catch Basin* Drainage
In-pavement Water Valve/Backflow Utility
Fire Hydrants* Fire Protection
Traffic Lights* Traffic Control
Streetlights* Illumination
Boulevard Trees* Forestry
Bus Shelters* Transportation
Benches* Transportation
Bike Lane Post* Traffic Control
Curb Cuts* Drainage
*note: We can discount these ones with
limited attributes after a certain number
Striping & Markings
Lane Striping Striping
Legend/Symbols (BUS ONLY, left turn
arrow, etc.) Markings
Stop Bar Markings
Crosswalk (ladder, decorative, etc.) Markings
Bike Lane Markings
Miscellaneous
Curb Ramp (depends on Desired
Attributes) ADA
Trash Bin (Streetside, may get
color/symbol for company) Utility
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OPTIONAL TASK 3.2 ANNUAL ICON SAAS SUBSCRIPTION
ICON-SaaS is a high-powered, browser-based, user
designed infrastructure asset management system for
physical public works infrastructure. ICON can be further
customized by you without any additional coding to track
and predict the future condition performance and
economic needs of a city, county, province, or Department of Transportation (DOT)
infrastructure network.
ICON Screen Capture: Color Coded GIS Map of Today’s Projected Condition
The ICON software suite enables our clients to more cost-effectively manage their
infrastructure assets; assets that range from county roads, city streets, sidewalks, curb
and gutter, signs and signals, bridges, parking lots, wastewater and storm drainage
systems, water pipelines, park features, and other miscellaneous assets located in the
right of way.
ICON 7 features an integrated Geographical Information System (GIS) Mapping
Interface, which allows you to read and write information to and from your
infrastructure management database through a linked mapping interface integrated
with ESRI ArcGIS™ and other OGC compliant open-source GIS mapping tools.
For this project we are establishing a working copy of the ICON SaaS (Software as a
Service) Pavement Management System to calculate PCI, run scenarios, generate the
project deliverables for Mendota Heights.
And we extend our invitation to City staff to participate in our upcoming ICON
Pavement Management User Group meeting(s) that we will be holding this winter.
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For this project, we are proposing the implementation of the following module:
Pavement Management Module
To promote the long-term effectiveness of your ICON infrastructure management
system, GoodPointe Technology has established an annual maintenance agreement
for the ICON software. The value of this support plan is unmatched by any of our
competitors and has been developed to answer any questions or solve any errors you
may encounter related to the operation of the ICON software.
The ICON SaaS Subscription Includes:
Hosting of the ICON system by GoodPointe on our high performance, dedicated
Amazon Web Services (AWS) cloud server;
Unlimited technical support for one designated user per module;
Annual software maintenance and support via telephone or email between the
hours of 9:00 am to 5:00 pm, (CST) Monday through Friday;
Updates/enhancements to the ICON software during the term of the agreement;
On-line support via email (support@goodpointe.com) or through your member
login account on our GoodPointe Technology website (www.goodpointe.com);
and,
Training on infrastructure management system-related topics and system
enhancements at our User Group meeting workshops held in the St.
Paul/Minneapolis Metropolitan area.
Authorizing Additional Users For ICON Software Support
Under this agreement, your agency will identify one primary user of the software, per
module, to serve as the administrative contact to distribute technical information back
to other users of the ICON program at the City. Additional ICON users may be
authorized to receive ICON software support from GoodPointe Technology, on a per-
user/per support year basis, under the terms specified in this agreement.
Subscription Renewal
The ICON SaaS Subscription will span the calendar year and will require renewal on an
annual basis, with the corresponding agreement letter to be sent to the primary
contact of your agency in mid-November of each year.
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ICON Pavement Management Software Features
For a listing of the specific features for the ICON software module(s) proposed for
this project, please refer to the appendix of this proposal.
Other ICON Modules:
Sign (SIGN)
Module
Right of Way (ROW) Assets
Module
Work Management (WORK)
Module
The Digital Democracy of the ICON User Group
How it Works
As an authorized user of the ICON program, the City would become a member
in the ICON User Group network, with 100 votes per ICON module purchased.
During the year, GoodPointe will collect user suggested ideas to enhance
existing system features and/or to develop new system features. On a semi-
annual basis, these enhancements are reviewed and authorized by an
authorized user vote at our ICON User Group Meetings or by online
communications (usually email).
Development projects are prioritized for future development covered under the
maintenance plan of the ICON program. These meetings are held at
conference locations in the Minneapolis/St. Paul metropolitan areas and at
rotating ICON client user facilities.
Benefits
These meetings address our users’ ever-evolving system needs and keeps us
focused on providing an ICON system that is relevant and maintainable to our
clients. It also promotes an energetic user community that is more willing to share
their great ideas for improving the system for the benefit of the larger ICON user
group community.
We challenge any of our competitors to come up with a better development model.
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OPTIONAL TASK 3.3 SYSTEM ANALYSIS CONSULTING SERVICES
Under this task GoodPointe will provide the value-added consulting effort under this task.
Participate in online or onsite meetings to address the City’s ongoing pavement
management needs.
Transfer and/or update the pre-existing geocode link/asset data from the City’s
legacy and/or third-party database system(s).
Provide onsite or online ICON system training for City staff designated to work
with the system.
Data entry/import of inventory updates and/or maintenance projects
performed in recent years, registering the improved condition into the ICON
database.
Receive and enter the City's Proposed Capital Improvement Projects (CIP List)
and proposed project costs into the Predetermined Plan of ICON.
Update the ICON program to reflect the City's current asset management
policies, paving strategies, application parameters, unit costs, etc.
Review/Update the pavement performance curves to be loaded in ICON
based on actual City pavement performance data.
Use the ICON Budget Analysis Module to run multiple, multi-year projections (1
to 75 years into the future) to document the projected average network
condition and deferred maintenance backlog results, based on the data
supplied in above items.
Document the Trends in Pavement Condition, queried out of the historical
database tables of ICON.
Include the scenario results run in an executive summary report.
Generate GIS mapping data and/or PowerPoint presentation materials for
elected officials.
Note:
GoodPointe offers consulting services in pre-paid packages of 10-, 20-, 40-, or 80
hours with discounted rates for the more hours you buy;
Are paid up front as a lump sum fee and expire after a period of one-year from
the agreement date;
Alternatively, consulting services may be delivered on a cost-plus (hourly) basis;
and,
Do not include out of pocket expenses such as billable travel mileage ($0.75/mile),
airfare, per diem, etc.
The above items are offered as a preliminary suggestion of work objectives for the City
under this project. GoodPointe will work with the City to define/refine the set of
deliverables under this task. GoodPointe will provide an ongoing report of the
consulting effort provided under this task throughout the duration of the project
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3. PRICING SUMMARY
Task Description Quantity Rate Optional Total Cost
1 Project Initiation
2 ASTM PCI Pavement
Condition Survey
65 miles $325/mile $21,125.00
3.1 Right of Way Asset
Inventory
TBD TBD TBD TBD
3.2 Annual ICON SaaS
Subscription-
Pavement Module
1 Year $1,995/year $1,995.00
3.3 System Analysis
Consulting Services*
Forty (40) Hour
Package
$3,000 $3,000.00
Total Budget (Not-to-Exceed): $4,995.00 $21,125.00
Total Budget with all options (Not-to-Exceed): $26,120.00
* System Analysis Consulting Services Pricing for the 2025 Calendar Year:
ICON Premium
Support
Package
Package
Pricing
Effective
Hourly Rate
Discount Relative to the
Cost-Plus Rate of $150/hour
10 Hours $1,050 $105/hour 30%
20 Hours $1,840 $92/hour 39%
40 Hours $3,000 $75/hour 50%
80 Hours $4,400 $55/hour 63%
2025 Value-added Cost-Plus Consulting Services Hourly Cost Rate: $150/hour
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4. DATA COMPATIBLITY AND INTEGRATION
Explain how the proposed method(s) will integrate with the city’s existing data systems
Our proposed PCI survey methodology will utilize a City-supplied ESRI centerline
shapefile to identify the roadway inventory sections to be evaluated in this project. Our
2025 PCI survey results will therefore be linked to the City’s existing data systems as they
relate to this project, namely City GIS and any other related database management
system(s) (e.g. ICON Pavement Management SaaS).
ICON enables the importing and exporting of information and data in a wide variety of
industry-standard third-party formats including documents (*.docx, *.pdf), spreadsheets
(*.csv, *.xlsx), and mapping data (*.shp), and includes an API (automated program
interface) to communicate directly with third-party enterprise management
information systems (e.g. ESRI ArcGIS Server).
Explain how the proposed method(s) is the best method for future assessments
We are recommending our fully automated, AI-based LiDAR-enhanced digital imaging
technology for this project, because it is:
More consistent, reliable, and repeatable: the subjectivity of having multiple
humans performing surveys in slightly different, unpredictable ways, is
eliminated. Our LiDAR capability enables us to detect roadway surface issues
that are frequently undetected by humans (e.g. rutting, depression, etc.);
Quicker: we can typically turn around the preliminary PCI survey results within a
month of the notice to proceed;
More cost-effective relative to manual and semi-automated surveys for this size
of project. And it gives the City the option to incorporate other right-of-way
assets on an as-needed basis, without needing to re-drive the network;
Safer than having our personnel out on busy city streets driven by distracted
drivers; and,
Easier to verify the results and to document network status : with our digital
image viewing software we are able to see exactly what PCI distress types,
severity levels, and quantities are extracted on top of the visual imagery
collected on the roadways and have visual documentation of the network at
the time of the survey (e.g. presence of traffic control devices, etc.).
Methods for converting existing PCI data to the proposed format for historical
comparison
The City’s roadway centerline map contains the unique field GlobalID which will
uniquely define each street inventory sections and link it back to the historical PCI
survey scores. This will enable us to compare previously collected PCI data to the PCI
scores that we propose to collect for the City in 2025.
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5. TIMELINE
Preliminary/Proposed Schedule
Assuming a notice to proceed date in January 2025 here is our
preliminary/proposed schedule for this project:
Task Description Timeline
Estimated Notice-to-Proceed January 2025
1 Project Initiation (Data Transfer & Network Update) January 2025
2 ASTM PCI Pavement Condition Survey As soon as possible,
weather dependent
3.1 OPTIONAL Right-of-Way Asset Inventory To Be Determined
3.2 OPTIONAL Annual ICON SaaS Subscription-
Pavement Module
Jan. – Dec. 2025
3.3 OPTIONAL System Analysis Consulting Services Jan. – Dec. 2025
Note: the above schedule can be adjusted to better meet the needs of the
City.
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6. SUMMARY OF PAST EXPERIENCE
Total
Centerline
Miles Agency Coordinate Survey Crews Tabulation of Data Quality Control Review Services Database Management Data Collection Services Point of Contact Department
425 Anoka County, MN x x x x x Mr. Aaron Anderson Highway Department
422 Arlington County, VA x x x x Mr. Hung Tran Public Works Department
455 Becker County, MN x x x Mr. James Olson Highway Department
713 Beltrami County, MN x x x Mr. Bruce Hasbargen Highway Department
366 Chisago County, MN x x x Mr. Joe Triplett Highway Department
250 City of Apple Valley, MN x x x x x Mr. Matt Saam Engineering Department
28 City of Arden Hills, MN x x x x X Mr. David Swearingen Engineering Department
399 City of Bloomington, MN x x x x Mr. Chris Myers Public Works Department
250 City of Burnsville, MN x x x x Mr. Jeff Radick Engineering Department
101 City of Champlin, MN x x x x X Ms. Heather Nelson Public Works Department
161 City of Chanhassen, MN x x x x X Ms. Alyson Fauske Public Works Department
3 City of Circle Pines, MN x x x x X Mr. Pat Stapleton Parks Department
80 City of Cloquet, MN x x x x X Mr. John Anderson Engineering Department
170 City of Cottage Grove, MN x x x x X Ms. Jennifer Levitt Public Works Department
516 City of Dothan, MN x x x x X Mr. Charles Metzger Engineering Department
444 City of Duluth, MN x x x x X Ms. Cari Pederson Engineering Department
228 City of Eagan, MN x x x x X Ms. Sara Pluta Public Works - Streets Department
40 City of East Grand Forks, MN x x x x X Mr. Jason Stordahl Public Works Department
224 City of Eden Prairie, MN x x x x X Ms. Ashton Kogel Engineering Department
193 City of Eden Prairie Parks, MN x x x x X Mr. Matthew Borne Parks and Recreation
200 City of Edina, MN x x x x X Mr. Andrew Scipioni Engineering Department
146 City of Elk River, MN x x x Mr. John Anderson Public Works/Engineering
14 City of Falcon Heights, MN x x x x X Ms. Jennifer Lowry Engineering Department
452 City of Fargo, ND x x x x X Mr. Tom Knakmuhs Engineering Department
80 City of Fairmount, MN x x x Mr. Troy Nemmers Engineering Department
80 City of Farmington, MN x x x x x Mr. John Powell Engineering Department
111 City of Fergus Falls, MN x x x x x Mr. Brian Yavarow Engineering Department
294 City of Grand Forks, ND x x x x x Mr. David Kuharenko Engineering Department
100 City of Grove, OK x x x Mr. Jim Hemphill, Poe & Assoc. Engineering Department
98 City of Hastings, MN x x x x x Mr. John Caven Engineering Department
57 City of Hopkins, MN x x x x x Mr. Nate Stanley Engineering Department
76 City of Hutchinson, MN x x x x x Mr. John Olson Public Works Department
151 City of Inver Grove Heights, MN x x x x x Mr. Steve Dodge Engineering Department
80 City of Lake Elmo, MN x x x x x Mr. Jack Griffin Public Works Department
217 City of Maple Grove, MN x x x Mr. Marc Culver Engineering Department
200 City of Mankato, MN x x x x Mr. Michael McCarty Engineering Department
132 City of Maplewood, MN x x x x x Mr. Michael Thompson Public Works Department
1 City of Medicine Lake, MN x x x x x Mr. Chris Klar Public Works
70 City of Mendota Heights, MN x x x x x Mr. Ryan Ruzek Engineering Department
960 City of Minneapolis, MN x x x Mr. Oscar Weber Public Works Department
200 City of Moorhead, MN x x x x Mr. Jim Schulz Engineering Department
60 City of Moorhead Parks, MN x x x x Mr. Michael Krueger Parks Department
39 City of Mounds View, MN x x x x Mr. Don Peterson Department of Public Works
63 City of New Hope, MN x x x x x Mr. Guy Johnson Public Works Department
100 City of New Ulm, MN x x x x Mr. Joe Stadheim Engineering Department
320 City of Newark, NJ x x x Mr. Jason Hahn Michael Baker Jr.
224 City of Norfolk, NE x x x x x Mr. Mark Dolechek Engineering Department
60 North Oaks Homeowner’s Association x x x x x Ms. Kristie Elfering Elfering & Associates
100 City of Northfield, MN x x x x x Mr. David Bennett Public Works Department
100 City of Oakdale, MN x x x x X Mr. Brian Bachmeier Public Works Department
286 City of Plymouth, MN x x x Ms. Jimmy Gosse AURI Parks & Recreation
131 City of Richfield, MN x x x Ms. Kristin Asher Department of Public Works
53 City of Robbinsdale, MN x x x x x Mr. Richard McCoy Public Works Department
422 City of Rochester, MN x x x x x Ms. Amy Kreofsky Department of Public Works
120 City of Roseville, MN x x x x x Ms. Jennifer Lowry Department of Public Works
3,800 City of San Antonio, TX x x x x x Mr. Rocky Aranda, Jr. Streets Division, Public Works
108 City of Savage, MN x x x x x Mr. Seng Thongvanh Engineering Department
250 City of Shakopee, MN x x x x x Mr. Alex Jordan Engineering Department
88 City of Shoreview, MN x x x x x Mr. Tom Wesolowski Department of Public Works
83 City of St. Louis Park, MN x x x x x Ms. Deb Heiser Engineering Department
2,000 City of Tulsa, OK x x x Mr. Jim Hemphill, Poe & Assoc. Engineering Department
71 City of West St. Paul, MN x x x x x Mr. Ross Beckwith Engineering Department
243 City of Woodbury, MN x x x x x Mr. Tony Kutzke Public Works Department
745 Clay County, MN x x x Mr. Justin Sorum Highway Department
Summary of GoodPointe Project Work in the Past Twenty-five (25) Years
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951 Columbus Consolidated Government, GA x x x x x Mr. Farhad AliFarhani Department of Engineering
603 Crow Wing County, MN x x x Mr. Steve Stroschein Highway Department
428 Dakota County, MN x x x Ms. Jeannie Briol Highway Department
331 Dodge County, MN x x x Ms. Jessica Brennan Highway Department
412 Fillmore County, MN x x x Mr. John Grindeland Highway Department
623 Freeborn County, MN x x x Mr. Dan Kenison Highway Department
401 Goodhue County, MN x x x Mr. Greg Isakson Highway Department
321 Grand Forks East Grand Forks MPO, ND x x x x x Ms. Teri Kouba Planning Department
561 Hennepin County, MN x x x Ms. Jamie Hendrickson Transportation Division
420 Kanabec County, MN x x x Mr. Greg Nikodym Public Works
399 McLeod County, MN x x x x x Mr. John Brunkhorst Highway Department
402 Mille Lacs County, MN x x x Mr. Bruce Cochran Highway Department
1200 Monterrey County, CA x x x x x Mr. Javad Tanbakuchi AAE Project Manager
2226 Montgomery County, TX x x x Ms. Rhonda Hovater Communication Information Services
381 Olmsted County, MN x x x Mr. Zach Demmer Department of Public Works
1058 Ottertail County, MN x x x Mr. Chuck Grotte Highway Department
967 Polk County, MN x x x Mr. Rich Sanders Highway Department
450 Rice County, MN x x x Mr. Dennis Luebbe Highway Department
2650 San Bernardino County, CA x x x X Mr. Medhat Matta Pavement Mgmt. Department
340 Scott County, MN x x x Mr. Luke Simonson Highway Department
250 St. Cloud APO x x x x X Mr. Brian Gibson Planning Department
3004 St. Louis County, MN x x x Mr. Brian Boder Highway Department
274 Wadena County, MN x x x Mr. Jeff Adolphson Highway Department
281 Washington County, MN x x x x x Mr. Cory Slagle Transportation Department
380 Winona County, MN x x x Mr. Dave Kramer Highway Department
516 Wright County, MN x x x Mr. Kevin Johnson Highway Department
38,482 Total in last 25 Years
Past Infrastructure Management Projects Done by GoodPointe Staff
Arlington County, VA City of Norfolk, NE Grand Forks-East Grand Forks MPO
Beltrami County, MN City of Newark, NJ o City of Grand Forks, ND
Cook County, MN City of New Ulm, MN o City of East Grand Forks, MN
CAI Recon Optical, Barrington IL City of Oakdale, MN
Carlton County, MN City of Ottumwa, IA Hidalgo County MPO
Chisago County, MN City of Plymouth, MN o City of Alamo, TX
City of Apple Valley, MN City of Richfield, MN o City of Edinburg, TX
City of Arden Hills, MN City of Robbinsdale, MN o City of McAllen, TX
City of Bloomington, MN City of Rochester, MN o City of Mercedes, TX
City of Brooklyn Center, MN City of Rosemount, MN o City of Pharr, TX
City of Brooklyn Park, MN City of Roseville, MN o City of San Juan, TX
City of Burnsville, MN City of San Antonio, TX o City of Weslaco, TX
City of Cedar Falls, IA City of San Francisco, CA Hunter Army Air Field
City of Champlin, MN City of Sausalito, CA Kanabec County, MN
City of Chanhassen, MN City of Shawnee, OK Marine Corps Recruit Depot, SC
City of Coon Rapids, MN City of Shijiazhuang, PRC McClellan Air Force Base, CA
City of Cottage Grove, MN City of Sioux Falls, SD McLeod County, MN
City of Denver, CO City of Shoreview, MN Metropolitan Airports Commission (MAC)
City of Donna, TX City of South Pasadena, CA Mille Lacs County, MN
City of Dothan, AL City of St. Paul, MN Minneapolis Park and Rec Board, MN
City of Duluth, MN City of Tallahassee, FL Monterrey County, CA
City of Eagan, MN City of Tulsa, OK Montgomery County, TX
City of Eden Prairie, MN City of West Des Moines, IA NHAI Natl. Highways Authority of India
City of Edina, MN City of West St. Paul, MN Naval Air Station, Cecil Field, FL
City of Elk Grove, IL City of Woodbury, MN Naval Air Station, Ingelside, TX
City of Evanston, IL Bombay Municipal Corporation (BMC) Olmsted County, MN
City of Farmington, MN Clay County, MN Ohio Dept. of Transportation (ODOT)
City of Fairmont, MN Coco Solo Hospital, Panama Peterson Air Force Base, CO
City of Fargo, ND Columbus Consolidated Gov., GA Polk County, MN
City of Fort Wayne, IN Crow Wing County, MN San Bernardino County, CA
City of Grand Rapids, MN Dakota County, MN Scott County, MN
City of Guangzhou, PRC Dodge County, MN Sherburne County, MN
City of Hopkins, MN Douglas County, NE Stanford University, CA
City of Hutchinson, MN El Paso County, Texas Steele County, MN
City of International Falls, MN Fairfax County, VA St. Cloud APO
City of Inver Grove Heights, MN Fillmore County, MN St. Louis County, MN
City of Lake Elmo, MN Fort Buchanan, San Juan, Puerto Rico Tulsa District Corps of Eng., OK
City of Lakeville, MN Fort Clayton, Republic of Panama University of Minnesota, Minneapolis, MN
City of Mankato, MN Fort Devens, Ayer, MA Virginia Dept. of Transp. (VDOT)
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Proposal to Assess Street Conditions January 7, 2025
for Mendota Heights, MN
GoodPointe Technology, LLC info@goodpointe.com Page 21 of 22
City of Maplewood, MN Fort Drum, Watertown, NY USMCA, Baumholder, Germany
City of Medicine Lake, MN Fort Gillem, Georgia USMCA, Fulda, Germany
City of Mendota Heights, MN Fort McCoy, Sparta, WI USMCA, Goppingen, Germany
City of Menlo Park, CA Fort McPherson, GA USMCA, Hanau, Germany
City of Miami/Dade County, FL Fort Meade. Baltimore MD Ventura County, CA
City of Minneapolis Fort Sam Houston, San Antonio, TX Village of Highland Park, IL
City of Monticello, MN Fort Stewart, GA Village of Inverness, IL
City of Moorhead, MN Fort Story, Virginia Beach, VA Village of St. Anthony, MN
City of Mounds View, MN Freeborn County, MN Wadena County, MN
City of Mumbai, India Goodhue County, MN Washington County, MN
City of New Hope, MN Winona County, MN
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Proposal to Assess Street Conditions January 7, 2025
for Mendota Heights, MN
GoodPointe Technology, LLC info@goodpointe.com Page 22 of 22
7. LIMITATIONS AND RISKS
GIS Centerline Shapefile Accuracy
An important factor in our proposed data collection project is the quality of the City-
supplied roadway centerline (shapefile) map, which we will use to identify the routes to
be evaluated in this project and then geospatially locate and link back to the City’s
roadway pavement inventory database.
Adequate Physical Representation - Extent
If for a physical roadway segment is not accurately represented by its corresponding
GIS map feature linework, then our survey results will simply reflect that lack of
accuracy.
For example, cul-de-sac roadway sections that are NOT one contiguous, bulbous
pavement area at the cul-de-sac, but that loop around a central feature (e.g. a
garden or wooded area) and are only represented in GIS with a simple, shorter line
feature that terminates in the middle of the cul-de-sac.
As we drive our data collection vehicle around the loop of such a cul-de-sac, we are
essentially driving ‘off the map’. Depending on the size of the loop, we are essentially
generating data that is outside the buffer search radius of our geo-spatial linking
algorithm, thus resulting in a lack of sample data for the given roadway section.
To mitigate the effects of this issue, we do a visual QC review of the positioning of our
sample cells relative to the underlying drive map and then adjust (e.g. manually link
the samples) for any such anomalies, as necessary.
Adequate Physical Representation – Pavement Change/Feature Breaks
A robust roadway pavement inventory is typically defined based on the combination
of at least three factors: 1) pavement surface type; 2) functional classification, and 3)
structural paving history, with each inventory section being assigned a unique GIS
MapID. In situations when there is a change to one of these factors (e.g. it is partially
repaved) an agency is faced with the question of whether to split the original
inventory section into multiple, smaller inventory sections (and to make the
corresponding linear feature changes on the GIS map), to account for the changes.
Regardless of which PCI data collection method you use, such long segments will be
represented with a single PCI, despite the potential actual variation in pavement
conditions along its length.
To mitigate the effects of this issue, our fully-automated system collects PCI sample
data in 30-foot-long sample units along the entire length of each roadway segment as
defined in the designated ‘Drive Map’ shapefile. Our data collection algorithm
evaluates variation in the collected sample PCI, and this issue can be further
evaluated in our tabular system QC reports and visually in the color-coded PCI sample
map of the CYVL image viewer. With our system the City has the tools and necessary
data to make an informed decision whether a given long inventory section ought to
be split into multiple, smaller inventory management sections, or not.
End of Proposal
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Proposal to Assess Street Conditions January 7, 2025
for Mendota Heights, MN
GoodPointe Technology, LLC info@goodpointe.com Appendix A
APPENDIX A. ICON PAVEMENT MANAGEMENT SYSTEM FEATURES
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Signature Page: Please sign, scan, and email to
tkadlec@goodpointe.com
Attention: Tony Kadlec, GoodPointe Technology, LLC
Re: City of Mendota Heights, MN
Assess Street Conditions Project
This agreement is based on providing the services described under Exhibit A.2 Scope of
Work for the City of Mendota Heights, MN, dated January 7, 2025. The project budget will
not be exceeded without additional authorization from the client.
The hourly or unit cost presented in this contract is based on the scope of services
described and the assumption that the project will be completed within one year from
the signature date. If the project cannot be completed within the proposed schedule
due to circumstances beyond our control, revising the unit costs may be required for
completion of the remaining tasks. Invoices will be submitted on a monthly basis in
accordance with the progress achieved in this project. Terms on payment for services
are due immediately upon receipt.
GoodPointe Technology appreciates the opportunity to present this contract to you.
Please sign this page and return a copy to GoodPointe Technology. Receipt of the
signed agreement will serve as our written authorization to proceed with the proposed
scope of work.
Authorization to Proceed:
Please proceed according to the described scope of services denoted in Exhibit A.2
Total Authorized Budget: $26,120.00
Date
Client Mendota Heights, MN
Authorized Signature
Name
Title
Date 1/7/2025
Authorized Signature
Name Anthony J. Kadlec
Title President
Page 126 of 176
10.c
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: January 21, 2025
AGENDA ITEM: Cannabis Business Registration Ordinance Review
ITEM TYPE: Ordinance
DEPARTMENT: Community Development CONTACT: Sarah Madden, Community
Development Manager
ACTION REQUEST:
No formal action is required. The City Council is asked to provide comments to staff.
BACKGROUND:
The Minnesota State Legislature adopted a new statute that legalized adult-use cannabis in
2023. This statute limited the regulations a city can place on the use, sale and production of
cannabis and cannabis products, and established the Office of Cannabis Management (OCM)
to oversee the licensing of these businesses. Local governments may not prohibit the use or
sale of adult-use cannabis, but there are some regulatory actions that the City can pursue to
establish performance standards for businesses operating within our bounds, such as zoning
and registration requirements.
The state law creates 13 license types which will be issued by the OCM. The City’s zoning
ordinance was adopted on December 17 and incorporated the land uses into the City’s zoning
ordinance and districts to accommodate the language of the state law. Other local control
options that the City can enact are the retail registration ordinance, as well as associated
performance standards. The City Council has previously reviewed draft versions of the
cannabis business registration ordinance and provided comments on registration application
requirements, buffers between retail facilities, hours of operation, and fees.
The attached Ordinance No. 597 establishes a registration ordinance, which would require a
cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, medical cannabis
combination business, or lower-potency hemp edible retailer with a license from OCM to
initially and annually register with the city. The proposed ordinance also includes performance
standards for cannabis businesses that locate within Mendota Heights.
Page 127 of 176
The City Council is asked to provide any final comments or suggestions relating to the
proposed ordinance. Staff will incorporate changes as necessary and prepare the ordinance in
a final version for a discussion and vote in February.
FISCAL AND RESOURCE IMPACT:
None at this time.
ATTACHMENTS:
1.Proposed Ordinance No. 597 - Cannabis Business Registration, dated 1/15/25
2.City Council Work Session Agenda Report, 11/19/24
3.OCM Local Governments Guide, updated 1/6/25
CITY COUNCIL PRIORITY:
Inclusive and Responsive Government
Page 128 of 176
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 597
AMENDING TITLE 3: BUSINESS AND LICENSE REGULATIONS TO REGULATE
CANNABIS AND LOWER-POTENCY HEMP BUSINESSES
The City Council of the City of Mendota Heights does ordain:
Section 1. City Code Title 3 – BUSINESS AND LICENSE REGULATIONS is hereby amended to add
Chapter 8: CANNABIS AND LOWER-POTENCY HEMP RETAIL REGISTRATION as follows:
3-8-1: PURPOSE AND SCOPE:
The purpose of this chapter is to implement the provisions of Minnesota Statutes, Chapter 342, which
authorizes the City of Mendota Heights to protect the public health, safety, and welfare of Mendota
Heights residents by regulating cannabis and lower-potency hemp retail businesses within the legal
boundaries of Mendota Heights.
3-8-2: DEFINTIONS
Unless otherwise noted in this section, words and phrases contained in Minn. Stat. 342.01 and the rules
promulgated pursuant to Minn. Stat. ch. 342 , shall have the same meanings in this chapter.
CANNABIS BUSINESS: A business licensed by the Office of Cannabis Management (OCM) as defined
by Minn. Stat 342.01 Subd. 14.
CANNABIS CULTIVATION or CULTIVATE CANNABIS: Growing cannabis plants from seed or
immature plant to mature plant, harvest cannabis flower from mature plant, package and label immature
plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower
to a cannabis manufacturer located on the same premises, and perform other actions approved by the
OCM.
CANNABIS CULTIVATOR: A cannabis business licensed to cultivate cannabis and packages cannabis
for sale to another cannabis business.
CANNABIS EVENT: A temporary cannabis event lasting no more than four days operating pursuant to
Minn. Stat. 342.39.
CANNABIS MANUFACTURER: A cannabis business that makes cannabis and/or hemp concentrate,
manufactures artificially derived cannabinoids, adult-use cannabis products, lower-potency hemp edibles,
and/or hemp-derived consumer products, and sells cannabis concentrate, hemp concentrate, artificially
derived cannabinoids, cannabis products, lower-potency hemp edibles, hemp-derived consumer products
to other cannabis businesses pursuant to Minn. Stat. 342.31.
CANNABIS MEZZOBUSINESS: A cannabis business that grows cannabis plants from seed or immature
plant to mature plant, harvests the cannabis flower from a mature plant, makes cannabis and/or hemp
concentrate, manufactures artificially derived cannabinoids, adult-use cannabis products, lower-potency
hemp edibles, and/or hemp-derived consumer products, and sells immature cannabis plants and seedlings,
adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, hemp-derived DRAFTPage 129 of 176
consumer products, and other products authorized by law to other cannabis businesses and to consumers
pursuant to Minn. Stat. 342.29.
CANNABIS MICROBUSINESS: A cannabis business that grows cannabis plants from seed or immature
plant to mature plant, harvests the cannabis flower from a mature plant, makes cannabis and/or hemp
concentrate, manufactures artificially derived cannabinoids, adult-use cannabis products, lower-potency
hemp edibles, and/or hemp-derived consumer products, and sells immature cannabis plants and seedlings,
adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, hemp-derived
consumer products, and other products authorized by law to other cannabis businesses and to consumers,
including on-site consumption, pursuant to Minn. Stat. 342.28.
CANNABIS RETAIL BUSINESSES: A retail location and the retail location(s) of a mezzobusinesses
with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical
combination businesses operating a retail location, and lower-potency hemp edible retailers.
CANNABIS RETAILER: Any person, partnership, firm, corporation, or association, foreign or domestic,
selling cannabis product to a consumer and not for the purpose of resale in any form.
CANNABIS TESTING FACILITY: A cannabis business that obtains and tests immature cannabis plants
and seedlings, cannabis flower, cannabis products, hemp plant parts, hemp concentrate, artificially
derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products from cannabis
microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, cannabis
wholesalers, lower-potency hemp edible manufacturers, and industrial hemp growers pursuant to Minn.
Stat. 342.37.
CANNABIS WHOLESALER: A cannabis business that sells immature cannabis plants and seedlings,
cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products to
cannabis microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, and cannabis retailers
pursuant to Minn. Stat. 342.33.
DAYCARE: A location licensed with the Minnesota Department of Human Services to provide the care of
a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part
of a 24-hour day.
LOWER-POTENCY HEMP EDIBLE MANUFACTURER: A business that manufactures and packages
lower-potency hemp edibles for consumer sale, and/or sells hemp concentrate and lower-potency hemp
edibles to other cannabis businesses and hemp businesses.
LOWER-POTENCY HEMP EDIBLE RETAILER: A business that sells lower-potency hemp edibles to
customers.
OFFICE OF CANNABIS MANAGEMENT: Minnesota Office of Cannabis Management, referred to as
“OCM” in this ordinance.
RESIDENTIAL TREATMENT FACILITY: As defined under Minn. Stat. 245.462 subd. 23.
RETAIL REGISTRATION: An approved registration issued by the City of Mendota Heights to a state
licensed cannabis or lower-potency hemp retail business. DRAFTPage 130 of 176
SCHOOL: A public school as defined under Minn. Stat. 120A.05 or a nonpublic school that must meet
the reporting requirements under Minn. Stat. 120A.24.
STATE LICENSE: An approved license issued by the State of Minnesota’s Office of Cannabis
Management to a cannabis retail business.
3-8-3: ADMINISTRATION
The City Administrator or their designee is responsible for the administration and enforcement of this
ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its
requirements constitutes a misdemeanor and is punishable as defined by law. Violations of this ordinance
can occur regardless of whether or not a permit is required for a regulated activity listed in this ordinance.
Nothing in this chapter shall prohibit the City from enforcing any other applicable remedy including but
not limited to injunctive relief.
3-8-4: REGISTRATION OF A CANNABIS OR LOWER=POTENCY HEMP RETAIL BUSINESS
A.Requirement to register a Cannabis or Lower-Potency Hemp Retail Business
1. No individual or entity may operate a cannabis or lower-potency hemp retail business within
Mendota Heights without first registering with the City of Mendota Heights.
2. Any cannabis or lower-potency hemp retail business that sells to a customer or patient
without valid
retail registration shall incur a civil penalty of $2,000 for each violation.
3. Notwithstanding the foregoing provisions, the state shall not issue a license to any
cannabis business to operate in Indian country, as defined in United States Code, title 18,
section 1151, of a Minnesota Tribal government without the consent of the Tribal
government.
B.Compliance Checks Prior to Retail Registration
1.Prior to issuance of a retail registration, Mendota Heights shall conduct a preliminary
compliance check to ensure compliance with local ordinances.
2. Pursuant to Minn. Stat. 342, within 30 days of receiving a copy of a state license application
from OCM, the City of Mendota Heights shall certify on a form provided by OCM whether a
proposed retail location complies with zoning ordinances and, if applicable, whether the
proposed business complies with the state fire code and building code.
C.Registration and Application Procedure
1.Fees
a) The City of Mendota Heights shall not charge an application fee.
b)A registration fee, as established in the City of Mendota Height’s fee schedule, shall
be charged to applicants depending on the type of retail business license applied for.
c)An initial registration fee shall not exceed $500 or half the amount of an initial state
license fee under Minn. Stat. 342.11, whichever is less. The initial registration fee
shall include the initial retail registration fee and the first annual renewal fee.
d)Any renewal retail registration fee imposed by the City shall be charged at the time of
the second renewal and each subsequent renewal thereafter.
e)A renewal retail registration fee shall not exceed $1,000 or half the amount of a
renewal state license fee under Minn. Stat. 342.11, whichever is less.
f)A medical combination business operating an adult-use retail location may only be
charged a single registration fee, not to exceed the lesser of a single retail registration
fee, defined under this section, of the adult-use retail business.DRAFTPage 131 of 176
2. Application Submittal
The City shall issue a retail registration to a state-licensed retail business that adheres to the
requirements of Minn. Stat. 342.22
a)An applicant for a retail registration shall fill out an application form, as provided by
the City. Said form shall include, but is not limited to:
i.Full name of the property owner and applicant;
ii.Mailing address, email address, and telephone number of the applicant;
iii.Name of the cannabis or lower-potency hemp retail business to be registered;
iv.The address, legal description and parcel ID for the property which the retail
registration is sought;
v. If the applicant does not own the business premises, a true and complete
copy of the executed lease for the premises, if applicable.
vi.Certification that the applicant complies with the requirements of local
ordinances established pursuant to Minn. Stat. 342.13.
vii.Signature of the applicant or the authorized agency of the legal entity
applicant;
viii.If the registrant is a legal entity, the following information shall be provided
for the person designated as the general or primary manager on site: the full
name, date of birth, mailing address, contact telephone number, email
address;
ix. Any additional information the City deems necessary.
b)The applicant shall include with the form:
i.the registration fee as required in [Section 2.3.1];
ii.a copy of a valid state license or written notice of OCM license preapproval;
c)Once an application is considered complete, the City Administrator or their designee
shall inform the applicant as such, process the application fees, and forward the
application to the City Clerk for approval or denial.
d) The application fee shall be non-refundable once processed.
3.Application Approval
a)Registration of a cannabis or lower-potency edible hemp retail business will be in
effect and only so long as the following requirements are met:
i.The applicant holds a valid license of license preapproval issued to the retail
business by the Office of Cannabis Management;
ii.The applicant paid the total sum of the initial registration fee and first year
renewal fee in the amounts required by the city’s fee schedule;
iii.During a preliminary compliance check, the retail business is found to be in
compliance with the zoning and performance standards for cannabis or hemp
businesses established in Chapter 11 of this Code; and
iv.The retail business is current on all property taxes and assessments for the
property on which the business is located;
b)A state-licensed cannabis retail business application shall not be approved if the
cannabis retail business would exceed the maximum number of registered cannabis
retail businesses permitted under Section 3-8-4(F)1 of this ordinance.
c)A retail registration application shall not be approved or renewed if the applicant is
unable to meet the requirements of this ordinance.
d)A retail registration application that meets the requirements of this ordinance shall be
approved.DRAFTPage 132 of 176
4.Annual Compliance Checks
a)The City shall complete at minimum one compliance check for each registered
business per calendar year to assess if the business meets age verification
requirements, as required under [Minn. Stat. 342.22 Subd. 4(b) and Minn. Stat.
342.24] and this chapter.
b) Age verification compliance checks shall involve persons at least 17 years of age but
under the age of 21 who, with the prior written consent of a parent or guardian if the
person is under the age of 18, attempt to purchase adult-use cannabis flower, adult-
use cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products under the direct supervision of a law enforcement officer or an employee of
the local unit of government.
c)Any failures under this section must be reported to the Office of Cannabis
Management.
5. Location Change
A state-licensed cannabis retail business shall be required to submit a new application for registration
under Section 2.3.2 if it seeks to move to a new location still within the legal boundaries of the City of
Mendota Heights.
D.Renewal of Registration
1.Renewal Process
a)The City shall renew an annual registration of a state-licensed retail business at the same
time OCM renews the retail business’ license.
b)A registered business shall apply to renew registration on a form established by the City.
c)A retail registration issued under this ordinance shall not be transferred.
2.Renewal Fees
a)The Citymay charge a renewal fee for the registration starting at the second renewal, as
established in its fee schedule.
3.Renewal Application
a)The application for renewal of a retail registration shall include, but is not limited to
i.Items required under Section 3-8-4(C)2 of this chapter.
E.Suspension of Registration
1.When Suspension is Warranted
a)The City of Mendota Heights may suspend a registration if it violates this chapter or
poses an immediate threat to the health or safety of the public. The City shall
immediately notify the business in writing the grounds for the suspension.
2.Notification to OCM
a)The City shall immediately notify the OCM in writing the grounds for the suspension.
OCM will provide the City and business a response to the complaint within seven
calendar days and perform any necessary inspections within 30 calendar days.
3.Length of Suspension
a)The suspension of a retail registration may be for up to 30 calendar days, unless OCM
suspends the license for a longer period. The business may not make sales to customers if
their registration is suspended.
4.Civil Penalties
a)Subject to Minn. Stat. 342.22, subd. 5(e) the City may impose a civil penalty, as specified
in the City of Mendota Heights’s Fee Schedule, for registration violations, not to exceed
$2,000.DRAFTPage 133 of 176
F.Registration Mistakenly Issued or Renewed. If a registration is mistakenly issued or renewed to
any person or entity, for any reason, including but not limited to the submission of false or
misleading information by the license holder or applicant, the registration will be suspended upon
the discovery of ineligibility for registration under this chapter or state or other local law,
ordinance or other regulation. Any suspension will comply with the requirements of Minn. Stat. §
342.22, Subd. 5.
G.License Holder Responsibility. Every retail registration holder is responsible for conduct on the
registered premises and any sale of cannabis, hemp, or products containing cannabis or hemp by
an employee is the act of the Registration Holder for the purposes of all provisions of this chapter.
H.Limiting of Registrations
1. The City shall limit the number of cannabis retail businesses to no fewer than one registration
for every 12,500 residents within the City of Mendota Heights.
2.If Dakota County has one active cannabis retail registration for every 12,500 residents then
the City shall not be required to register additional businesses.
3-8-5: REQUIREMENTS FOR A CANNABIS BUSINESS
A.Minimum Buffer Requirements
1. No cannabis business shall be located or operated within 500 feet of an existing lawful
cannabis business.
2. No cannabis business shall be located or operated within 500 feet of an existing daycare,
residential treatment facility, or an attraction within a public park that is regularly used by
minors, including a playground or athletic field.
3. No cannabis business shall be located or operated within 1000 feet of a school.
4. Pursuant to Minn. Stat. 462.357 subd. 1e, nothing in Section 3-8-5(A) shall prohibit an active
cannabis business or a cannabis business seeking registration from continuing operation at the
same site if a daycare, residential treatment facility, attraction within a public park that is
regularly used by minors, or school moves within the minimum buffer zone.
B.Zoning and Land Use
1.A cannabis or lower-potency hemp business licensed or endorsed by the OCM must be in
compliance with the City’s Zoning Code including Title 12: Zoning, Chapter 3: Allowed
Uses, Table 12-3B-1.1 Table of Uses
C.Hours of Operation
1.Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products between the hours of 8:00
a.m. and 10:00 p.m. on Monday-Saturday; and between the hours of 10:00 a.m. and 9:00 p.m.
on Sundays.
3-8-6 TEMPORARY CANNABIS EVENTS
A.License or Permit Required for Temporary Cannabis Events
1.License Required: A license or permit is required to be issued and approved by the City prior
to holding a Temporary Cannabis Event.
2. Registration and Application Procedure: A registration fee, as established in the City’s fee
schedule, shall be charged to applicants for Temporary Cannabis Events.
3. Application Submittal and Review: The City shall require an application for Temporary
Cannabis Events.
a)An applicant for a retail registration shall fill out an application form, as provided by the
City. Said form shall include, but is not limited to:DRAFTPage 134 of 176
i.Full name of the property owner and applicant;
ii.Address, email address, and telephone number of the applicant;
b)The applicant shall include with the form:
i.The application fee as required in Section 3-8-6(A)2;
ii.A copy of the OCM cannabis event license application, submitted pursuant to
Minn. Stat. 342.39 subd. 2.
c) The application shall be submitted to the City Administrator or their designee for review.
If the designee determines that a submitted application is incomplete, they shall return the
application to the applicant with the notice of deficiencies.
d)Once an application is considered complete, the designee shall inform the applicant as
such, process the application fees, and forward the application to the (insert
staff/department, or elected body that will approve or deny the request) for approval or
denial.
e)The application fee shall be non-refundable once processed.
f)The application for a license for a Temporary Cannabis Event shall meet the following
standards:
i.Outdoor consumption or use of cannabis at or on the property of a temporary
cannabis event is prohibited.
ii.The setback from any property line of any residential use or residential zoned
property shall be no less than 350 feet.
iii.All buffers identified in Sec. 3-8-5 also apply to Temporary Cannabis Events.
iv. The event may last no longer than four (4) days (96 hours)
v. The event shall operate in accordance with all applicable requirements for
temporary cannabis events under Minn. Stat., Chapter 342.
g)A request for a Temporary Cannabis Event that meets the requirements of this Section
shall be approved.
h) A request for a Temporary Cannabis Event that does not meet the requirements of this
Section shall be denied. The City shall notify the applicant of the standards not met and
basis for denial
3-8-7: SEVERABILITY
In the event that a court of competent jurisdiction adjudges any part of this chapter to be invalid, such
judgement shall not affect any other provision of this chapter not specifically included within the
judgement.
Section 2. Effective date.
This ordinance shall be effective immediately following adoption and publication according to law.
Section 3. Summary Publication.
ADOPTED this 4th day of December, 2025 by the City Council for the City of Mendota Heights. DRAFTPage 135 of 176
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
___________________________________
Stephanie B. Levine, Mayor
ATTEST:
___________________________
Nancy Bauer, City Clerk DRAFTPage 136 of 176
_____________________________________________________City Council Work Session Memo
MEETING DATE: November 19, 2024
TO:Mayor, City Council and City Administrator
FROM: Sarah Madden, Community
Development Manager
SUBJECT: Continued Cannabis Ordinance Discussion
ACTION REQUEST:
No formal action is required. Staff is seeking further direction from the City Council on the Cannabis
Ordinance.
BACKGROUND:
The Minnesota Legislature enacted new State Law at the end of the 2023 legislative session, amended in 2024,
that legalizes the possession, use, manufacturing, and sale of certain cannabis products within the State. The
Law also establishes the Office of Cannabis Management (OCM) to oversee the implementation and regulation
of the adult-use cannabis market, the medical cannabis market, and the consumer hemp industry. The statute
limited the regulations a city can place on the use, sale and production of cannabis and cannabis products. In
mid-June, the OCM released “A Guide for Local Governments on Adult-Use Cannabis”, which includes a model
ordinance used as a basis for the proposed draft of Mendota Heights’ Cannabis Business Ordinance.
The new law limits a City’s ability to regulate cannabis and hemp businesses. In the areas of the statute where
local governments are permitted to incorporate regulations of cannabis businesses, the scope of that
regulation is restrictive and highly specific.
The City Council was provided a copy of the OCM’s guide for local governments as part of the October 15th
City Council work session agenda packet, and the Council held a discussion over the topic and model
ordinance standards at the October 30th City Council regular meeting.
Title 3: Business and License Regulations – Registration Ordinance and Regulatory Standards
As the City Council is aware, local governments have the authority to adopt a registration ordinance requiring a
cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, medical cannabis combination business, or
lower-potency hemp edible retailer with a license from OCM to initially and annually register with the city. To
obtain a registration from the city, the ordinance may require: payment of a fee (half of the license fee
established by Statute 342.11 up to $500 initially and $1000 annually), compliance with the requirements of
Minn. Stat. Ch. 342, and to be current on all property taxes and assessments. If a city adopts a registration
ordinance, the city may limit the number of licensed cannabis retailers, cannabis mezzobusinesses and cannabis
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microbusinesses to no fewer than one registration for every 12,500 residents. This is based on the Minnesota
State Demographer numbers. Staff had recommended that the City Council adopt a registration ordinance in
line with the OCM’s model ordinance. This registration is not a licensing function of the City. Licensing of
cannabis businesses will be conducted by the OCM. Once the administrative rules are in effect, currently
anticipated mid-2025, licensing of cannabis businesses will commence.
A draft ordinance has been prepared which is consistent with the OCM model ordinance which was discussed
at the October 30th meeting. It is included as an attachment to this report. In this draft ordinance, the
registration, administration, buffer standards, and public event regulations have all been placed into Title 3:
Business and License Regulations. As currently proposed, the only amendments to the Zoning Title (Title 12)
will be updates to the use chart.
The State Law allows Mendota Heights to prohibit a cannabis business within 1,000 feet of a school or 500 feet
of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors,
including playgrounds and athletic fields. The City may also impose a prohibition on a cannabis business within
500 feet of another cannabis business. These are the maximum specified buffers, a lessor or no buffer is also
allowed. Based on the discussion on October 30th, the proposed draft imposes the maximum buffers.
The City will need to decide what registration fee, if any, it will charge. Staff recommends imposing the
maximum fee amount given the uncertainty of staff work associated with the registration. Fees can be adjusted
in the future once there is more familiarity with the process. The table below shows the maximum amount for
an initial registration fee and renewal registration fee for retail businesses and includes the amount the state
charges for a license, for reference.
Business Initial Renewal
Cannabis Retailer City (optional) - $500; State - $2,500 City (Optional) - $1,000; State - $5,000
Lower Potency Hemp Retailer City (Optional) $125; State - $250 City (Optional) - $125; State - $250
Medical Cannabis Combination
Business
City (Optional) - $500; State - $20,000 City (Optional) - $1,000; State - $70,000
Cannabis Mezzobusiness City (Optional) - $500; State - $5,000 City (Optional) - $1,000; State - $10,000
Cannabis Microbusiness City (Optional) - $0; State - $0 City (Optional) - $1,000; State - $2,000
One performance standard discussed at the October 30th meeting is the hours of operation for cannabis
retailers. The State Law establishes that retail sales are prohibited between 2:00 a.m. and 8:00 a.m. Monday
through Saturday and between 2:00 a.m. and 10:00 a.m. on Sunday. The City may prohibit retail sales of
cannabis between 9:00 p.m. and 2:00 a.m. the following day and/or between 8:00 a.m. and 10:00 a.m. Monday
Page 138 of 176
through Saturday. In other words, the most restrictive hours of sales could be 10:00 a.m. to 9:00 p.m. Monday
through Sunday. For comparison, Off-sale Liquor sales are allowed on Sundays, between 11:00 a.m. and 6:00
p.m.; Monday-Saturday, from 8:00 a.m. to 10:00 p.m.; and not on Thanksgiving or Christmas Day; and only
between 8:00 a.m. and 8:00 p.m. on Christmas Eve. The City should decide the allowable hours of cannabis
retail sales. It was directed at the October 30th meeting that the hours of operation be consistent with liquor or
tobacco sales. This has been reflected in the draft ordinance.
One area where the City may institute regulations for cannabis businesses is in the context of a temporary
cannabis event. A temporary cannabis event is a gathering organized by a licensed cannabis event organizer
that may last for no more than four days. The process for these event should generally follow the normal
process for handling similar events, but the City could choose to require additional standards for temporary
cannabis events, such as prohibiting on-site consumption, limiting the hours or the events, etc. In general, the
City only conducts a permitting process for special events when they are conducted within parks. Consumption
of cannabis is prohibited within parks, in addition to all forms of smoking. This ordinance is already in effect.
The model ordinance provisions for temporary cannabis events have been included in the proposed draft, with
some performance standards imposed, such as a setback from Residentially zoned property and a prohibition
on on-site consumption. If the City follows this model ordinance, an additional event permit application will
need to be created.
Title 12: Zoning Ordinance – Use Chart
The state law creates license types which will be issued by the OCM. The City should incorporate the land uses
into their current zoning to accommodate the language of the state law. The City may not prohibit the
establishment or operation of a licensed cannabis business. There will be 13 license types, however they can be
generalized into the following categories:
• Retail Sales – Sales of cannabis and cannabis products directly to consumers.
• Cultivation – The planting, growing, harvesting, drying, curing, grading, or trimming of cannabis plants,
cannabis flower, hemp plants, or hemp plant parts.
• Wholesale – Purchases from a business growing or manufacturing cannabis or cannabis products and sells to
a cannabis business engaged in retail.
• Manufacturing – Turns raw, dried cannabis and cannabis parts into other types of cannabis products, e.g.
edibles or topicals.
• Testing - Obtains and tests immature cannabis plants and seedlings, cannabis, cannabis products, and hemp
products.
• Transportation – Transports products from one license type to another.
• Delivery – Transports products to the end consumer.
• Events – A business that organizes temporary events (lasting no longer than four days).
Note: Certain license types enable multiple activity types, for example, Micro and Mezzo businesses may include
cultivation, manufacturing, and/or retail sales.
The City must decide which zones cannabis and hemp businesses will be allowed to operate in. This was
discussed at the October 30th meeting. The staff recommendation is to allow cannabis-based retail businesses
to be allowed in similar zoning categories as those of tobacco sales or liquor stores. The City Council discussed
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the option of allowing cannabis retailers to be a listed use in business and commercial zoning districts, but to
omit the use within the Mixed Use zoning district. This is an option available to the City and can be revised if
the Council would like to make that determination. As currently drafted, the proposed ordinance would allow
retail-based cannabis businesses within all commercial zoning districts, including Mixed Use, as a Conditional
Use.
Use Type Cannabis Business Type Proposed Zoning District
Warehouse or Manufacturing •Cannabis microbusiness
•Cannabis mezzobusiness
•Cannabis cultivator
•Cannabis manufacturer
•Cannabis wholesaler
•Cannabis testing facility
•Lower-Potency Hemp
Edible Manufacturer
•I – Industrial as a
Conditional Use
Retail •Cannabis retailer
•Lower-potency hemp
edible retailer
•B-1 General Business, B-2
Neighborhood Business,
MU-Mixed Use; as a
Conditional Use
•B-1 General business, B-2
Neighborhood Business,
MU-Mixed Use; as
Permitted Use
The City Council will hear a brief presentation on the proposed ordinance at the November 19th Work Session.
Staff is seeking direction on any suggested revisions to the ordinance as presented. The Planning Commission
will hold a public hearing at their November 26th regular meeting on the zoning use chart portion of the
drafted ordinance. Following the public hearing, the City Council will be presented the ordinance again at their
December 3rd regular meeting.
ATTACHMENTS:
1. Proposed Cannabis Ordinance, dated 11/14/24
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Page 1
A Guide for Local Governments
on Adult-Use Cannabis
Version 2.1 | Updated January 6, 2025
Page 141 of 176
Page 2
Table of Contents
Introduction ................................................................................................ 3
About OCM ................................................................................................. 4
Cannabis License Types ................................................................................ 5
Adult-Use Cannabis Law .............................................................................. 7
Cannabis Licensing Process .......................................................................... 8
General Authorities ................................................................................... 11
Zoning and Land Use .................................................................................. 13
Local Approval Process .............................................................................. 16
Inspections and Compliance Checks ........................................................... 21
Municipal Cannabis Stores ......................................................................... 22
Creating Your Local Ordinance ................................................................... 23
Additional Information – Tobacco Sales ....................................................... 24
Additional Resources ................................................................................. 25
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Page 3
Introduction
This guide serves as a general overview of Minnesota’s new adult-use cannabis law, and
how local governments can expect to be involved. The guide also provides important
information about Minnesota’s new Office of Cannabis Management (OCM), and the
office’s structure, roles, and responsibilities. While medical cannabis continues to play an
important role in the state’s cannabis environment, this guide is primarily focused on the
adult-use cannabis law and marketplace.
The following pages outline the variety of cannabis business licenses that will be issued,
provide a broad summary of important aspects of the adult-use cannabis law, and cover
a wide range of expectations and authorities that relate to local governments. This guide
also provides best practices and important requirements for developing a local
cannabis ordinance.
Chapter 342 of Minnesota law was established by the
State Legislature in 2023 and was updated in 2024.
Mentions of “adult-use cannabis law” or “the law”
throughout this guide refer to Chapter 342 and the
changes made to it.
As of this guide's date of publication, final state
regulations governing the adult-use cannabis market
have not yet been published. A draft of the rules is
available on our Rulemaking webpage
(https://mn.gov/ocm/laws/rulemaking.jsp).
The first draft of rules is based on substantial input OCM has received through surveys,
meetings, and conversations that took place since fall 2023, as well as OCM’s review of
Minnesota’s cannabis statute and cannabis rules in other states.
OCM will publish in the State Register a notice of intent to adopt rules, which will prompt
a 30-day formal comment period. Watch the OCM website for updates.
This guide is not a substitute for legal advice, nor does it seek to provide legal advice. Local governments and
municipal officials seeking legal advice should consult an attorney.
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Page 4
About OCM
Minnesota’s Office of Cannabis Management is the state regulatory office created to
oversee the implementation and regulation of the adult-use cannabis market, the medical
cannabis market, and the consumer hemp industry. Housed within OCM are the Division
of Medical Cannabis (effective July 1, 2024), which operates the medical cannabis
program, and the Division of Social Equity, which promotes development, stability, and
safety in communities that have experienced a disproportionate, negative impact from
cannabis prohibition and usage.
OCM, through Chapter 342, is tasked with establishing rules and policy and exercising its
regulatory authority over the Minnesota cannabis industry. In its duties, OCM is
mandated to:
• Promote public health and welfare.
• Protect public safety.
• Eliminate the illicit market for cannabis flower and cannabis products.
• Meet the market demand for cannabis flower and cannabis products.
• Promote a craft industry for cannabis flower and cannabis products.
• Prioritize growth and recovery in communities that have experienced a
disproportionate, negative impact from cannabis prohibition.
OCM governs the application and licensing process for cannabis and hemp businesses,
specific requirements for each type of license and their respective business activities
and conducts enforcement and inspection activities across the Minnesota cannabis and
hemp industries.
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Page 5
License Types
Minnesota law allows for 13 different types of business licenses, each fulfilling a unique
role in the cannabis and hemp supply chain. In addition to license types below, OCM will
also issue endorsements to license holders to engage in specific activities, including
producing, manufacturing, and sale of medical cannabis for patients.
Microbusiness
Microbusinesses may cultivate cannabis and manufacture cannabis products and hemp
products, and package such products for sale to customers or another licensed cannabis
business. Microbusiness may also operate a single retail location.
Mezzobusiness
Mezzobusinesses may cultivate cannabis and manufacture cannabis products and hemp
products, and package such products for sale to customers or another licensed cannabis
business. Mezzobusiness may also operate up to three retail locations.
Cultivator
Cultivators may cultivate cannabis and package such cannabis for sale to another licensed
cannabis business.
Manufacturer
Manufacturers may manufacture cannabis products and hemp products, and package
such products for sale to a licensed cannabis retailer.
Retailer
Retailers may sell immature cannabis plants and seedlings, cannabis, cannabis products,
hemp products, and other products authorized by law to customers and patients.
Wholesaler
Wholesalers may purchase and/or sell immature cannabis plants and seedlings,
cannabis, cannabis products, and hemp products from another licensed cannabis
business. Wholesalers may also import hemp-derived consumer products and lower-
potency hemp edibles.
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Page 6
License Types (continued)
Transporter
Transporters may transport immature cannabis plants and seedlings, cannabis, cannabis
products, and hemp products to licensed cannabis businesses.
Testing Facility
Testing facilities may obtain and test immature cannabis plants and seedlings, cannabis,
cannabis products, and hemp products from licensed cannabis businesses.
Event Organizer
Event organizers may organize a temporary cannabis event lasting no more than four days.
Delivery Service
Delivery services may purchase cannabis, cannabis products, and hemp products from
retailers or cannabis business with retail endorsements for transport and delivery to
customers.
Medical Cannabis Combination Business
Medical cannabis combination businesses may cultivate cannabis and manufacture
cannabis and hemp products, and package such products for sale to customers, patients,
or another licensed cannabis business. Medical cannabis combination businesses may
operate up to one retail location in each congressional district.
Lower-Potency Hemp Edible Manufacturer
Lower-potency hemp edible manufacturers may manufacture and package lower-potency
hemp edibles for consumer sale, and sell hemp concentrate and lower-potency hemp
edibles to other cannabis and hemp businesses.
Lower-Potency Hemp Edible Retailer
Lower-potency hemp edible retailers may sell lower-potency hemp edibles to customers.
Each license is subject to further restrictions on allowable activities. Maximum cultivation area and manufacturing
allowances vary by license type. Allowable product purchase, transfer, and sale between licensees are subject to
restrictions in the law.
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Page 7
The Adult-Use Cannabis Law
Minnesota’s new adult-use cannabis law permits the personal use, possession, and
transportation of cannabis by those 21 years of age and older, and allows licensed
businesses to conduct cultivation, manufacturing, transport, delivery, and sale of cannabis
and cannabis products.
For Individuals
• Possession limits:
o Flower - 2 oz. in public, 2 lbs. in private residence
o Concentrate - 8 g
o Edibles (including lower-potency hemp) - 800 mg THC
• Consumption only allowed on private property or at licensed
businesses with on-site consumption endorsements.
Consumption not allowed in public.
• Gifting cannabis to another individual over 21 years old is
allowed, subject to possession limits.
• Home cultivation is limited to four mature and four
immature plants (eight total) in a single residence. Plants must be in an enclosed
and locked space.
• Home extraction using volatile substances (e.g., butane, ethanol) is not allowed.
• Unlicensed sales are not allowed.
For Businesses
• Advertising:
o May not include or appeal to those under 21 years old.
o Must include proper warning statements.
o May not include misleading claims or false statements.
o Billboards are not allowed.
• The flow of all products through the supply chain must be
tracked by the state-authorized tracking system.
• All products sold to consumers and patients must be tested
for contaminants.
• Home delivery is allowed by licensed businesses.
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Page 8
The Cannabis Licensing Process
The general licensing process will align with the adoption of rules and OCM will share
more information about the timing of general licensing process. The general licensing
process includes social equity applicants and non-social equity applicants.
General Licensing: Cultivator, Manufacturer, Retailer,
Mezzobusiness
1.Applicant completes application and submit application fees. If applicable, an
applicant’s social equity applicant status may be verified.
2.Application vetted for minimum requirements by OCM.
3.Application (if qualified) entered into lottery drawing.
4.If selected in lottery, applicant completes background check process and submits
attestation of labor-peace agreement.
5.If applicant successfully completes Step 5, OCM issues preliminary approval to
applicant.
6.Once prepared for final licensure, applicant with preliminary approval submits
business location and updates application accordingly.
7.OCM forwards completed application to local government.
8.Local government completes zoning certification of whether a proposed cannabis
business complies with local zoning ordinances, and if applicable, whether the
proposed business complies with state fire code and building code. (This is distinct
from the retail registration approval process.)
9.OCM conducts site inspection.
10.If applicant successfully passes site inspection, OCM issues license, operations may
commence except for retail activity.*
Continued High-Level Pathway for Licensees Seeking to Conduct Retail Sales: Process for
Required Local Retail Registration from Local Governments (Retailer, Mezzobusiness)
11.Licensed business seeks local retail registration from local government.
12.Local government approves applicant for retail registration through means
determined by ordinance (see Page 19 for more information about the retail
registration process).
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Page 9
The Cannabis Licensing Process (cont.)
13.Applicant pays retail registration fee to the local government (see appendix for
relevant fees in accordance with Minn. Stat., section 342.22).
14.Local government conducts compliance check for any applicable local ordinance
established pursuant to Minn. Stat., section 342.13, if desired.
15.Local government ensures tax compliance, if applicable.
16.Local government issues retail registration to licensee.
17.Licensee is able to conduct retail sales now that they have received a state license
and a local retail registration.
*For businesses seeking a retail endorsement (microbusiness, mezzobusiness, and retailer), a valid local retail
registration is required prior to the business commencing any retail sales. See Page 19 for information on the local
retail registration process.
General Licensing: Microbusiness, Wholesaler, Transporter, Testing
Facility, Medical Cannabis Combination Business
1.Applicant complete application and submit application fees. If applicable, an
applicant’s social equity applicant status may be verified.
2.Application vetted for minimum requirements by OCM.
3.For qualified applicants, applicant completes background check process and submits
attestation of labor-peace agreement.
4.If applicant successfully completes Step 3, OCM issues preliminary approval to
applicant.
5.Once prepared for final licensure, selected applicant submits business location and
amends application accordingly.
6.OCM forwards completed application to local government.
7.Local government completes zoning certification of whether a proposed cannabis
business complies with local zoning ordinances, and if applicable, whether the
proposed business complies with state fire code and building code. (This is distinct
from the retail registration approval process.)
8.OCM conducts site inspection.
9.If applicant successfully passes site inspection, OCM issues license, operations may
commence except for retail activity.*
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Page 10
The Cannabis Licensing Process (cont.)
Continued High-Level Pathway for Licensees Seeking to Conduct Retail Sales: Process for
Required Local Retail Registration from Local Governments (Microbusiness, Medical
Cannabis Combination Businesses)
10.Licensed business seeks local retail registration from local government.
11.Local government approves applicant for retail registration through means
determined by ordinance (see Page 19 for more information about the retail
registration process).
12.Applicant pays retail registration fee to the local government (see appendix for
relevant fees in accordance with Minn. Stat., section 342.22).
13.Local government conducts compliance check for any applicable local ordinance
established pursuant to Minn. Stat., section 342.13, if desired.
14.Local government ensures tax compliance, if applicable.
15.Local government issues retail registration to licensee.
16.Licensee is able to conduct retail sales now that they have received a state license
and a local retail registration.
*For businesses seeking a retail endorsement (microbusiness, mezzobusiness, and retailer), a valid local retail
registration is required prior to the business commencing any retail sales. See Page 19 for information on the local
retail registration process.
Applicant Responsibility
All applicants and licensees are responsible for working with their local government to
ensure their success in the zoning certification and, if applicable based on license type,
the local retail registration process. This includes reviewing local ordinances and
understanding how the local government will be selecting applicants for a retail
registration (including if retail registrations will be limited). Local units of government
have the statutory authority to limit retail registrations if they desire, and applicants
should understand this prior to making decisions about site locations.
OCM will not facilitate communication between applicants and units of local government,
nor can it mediate disputes as they relate to local zoning compliance or retail registration.
OCM is required to ask each local unit of government where an applicant intends to
locate a business if that business has met all zoning and use requirements.
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Page 11
General Authorities
Local governments in Minnesota have various means of oversight over the cannabis
market, as provided by the adult-use cannabis law. Local governments may not issue
outright bans on cannabis business, or limit operations in a manner beyond what is
provided by state law.
Cannabis Retail Restrictions (342.13)
Local governments may limit the number of retailers and microbusiness/mezzobusinesses
with retail endorsements allowed within their locality, as long as there is at least one
retail location per 12,500 residents. Local units of government are not obligated to seek
out a business to register as cannabis business if they have not been approached by any
potential applicants but cannot prohibit the establishment of a business if this population
requirement is not met. Local units of government may also issue more than the
minimum number of registrations. Per statutory direction, a municipal cannabis store
(Page 24) cannot be included in the minimum number of registrations required. For
population counts, the state demographer estimates will likely be utilized.
Tribal Governments (342.13)
OCM is prohibited from and will not issue state licenses to businesses in Indian Country
without consent from a tribal nation. Tribal nations hold the authority to license tribal
cannabis businesses on tribal lands – this process is separate than OCM’s licensing
process and authority. Subject to compacting, Tribal nations may operate cannabis
businesses off tribal lands. There will be more information available once the compacting
processes are complete.
Taxes (295.81; 295.82)
Retail sales of taxable cannabis products are subject to the state and local sales and use
tax and a 10% gross receipts tax. Cannabis gross receipts tax proceeds are allocated as
follows: 20% to the local government cannabis aid account and 80% to the state general
fund. Local taxes imposed solely on sale of cannabis products are prohibited.
Cannabis retailers will be subject to the same real property tax classification as all other
retail businesses. Real property used for raising, cultivating, processing, or storing
cannabis plants, cannabis flower, or cannabis products for sale will be classified as
commercial and industrial property.
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Page 12
General Authorities (cont.)
Retail Timing Restrictions (342.13)
Local governments may prohibit retail sales of cannabis between the hours of 8 a.m. and
10 a.m. Monday-Saturday, and 9 p.m. and 2 a.m. the following day.
Operating Multiple Locations with One License
Certain cannabis licenses allow for multiple retail locations to be operated under a single
license, with the following limitations:
• Retailers: up to five retail locations.
• Mezzobusinesses: up to three retail locations.
• Microbusinesses: up to one retail location.
• Medical cannabis combination businesses: one retail location per congressional
district. Additionally, medical cannabis combination businesses may cultivate at
more than one location within other limitations on cultivation.
For all other license types, one license permits the operation of one location. Each retail
location requires local certification and/or registration.
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Page 13
Zoning and Land Use
Buffer Guidelines (342.13)
State law does not restrict how a local government conducts its zoning designations for
cannabis businesses, except that they may prohibit the operation of a cannabis business
within 1,000 feet of a school, or 500 feet of a day care, residential treatment facility, or an
attraction within a public park that is regularly used by minors, including playgrounds and
athletic fields.
Zoning Guidelines
While each locality conducts its zoning differently, a few themes have emerged across the
country. For example, cannabis manufacturing facilities are often placed in industrial
zones, while cannabis retailers are typically found in commercial/retail zones. Cannabis
retail facilities align with general retail establishments and are prohibited from allowing
consumption or use onsite and are also required to have plans to prevent the visibility of
cannabis and hemp-derived products to individuals outside the retail location. Industrial
hemp is an agricultural product and should be zoned as such.
Cannabis businesses should be zoned under existing zoning ordinances in accordance
with the license type or endorsed activities held by the cannabis business. Note that
certain types of licenses may be able to perform multiple activities which may have
different zoning analogues. In the same way municipalities may zone a microbrewery that
predominately sells directly to onsite consumers differently than a microbrewery that
sells packaged beer to retailers and restaurants, so too might a municipality wish to zone
two microbusinesses based on the actual activities that each business is undertaking.
Table 1, included on Pages 16 and 17, explains the types of activities that cannabis
businesses might undertake, as well as some recommended existing zoning categories.
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Page 14
Zoning and Land Use (cont.)
Table 1: Cannabis and Hemp Business Activities
Endorsed
Activity
License Type
Eligible to Do
Endorsed Activity
Description of Activity Comparable
Districts
Municipal
Considerations
Cultivation
• Cultivator
• Mezzobusiness
• Microbusiness
• Medical
Cannabis
• Combination
“Cultivation” means any
activity involving the
planting, growing,
harvesting, drying,
curing, grading, or
trimming of cannabis
plants, cannabis flower,
hemp plants, or hemp
plant parts.
Indoor:
Industrial,
Commercial,
Production
Outdoor:
Agricultural
• Odor
• Potential need for
transportation from
facility
• Waste, water, and
energy usage
• Security
Cannabis
Manufacturing,
Processing,
Extraction
• Manufacturer
• Mezzobusiness
• Medical
Cannabis
• Combination
This group of endorsed
activities turn raw, dried
cannabis and cannabis
parts into other types of
cannabis products, e.g.
edibles or topicals.
Indoor:
Industrial,
Commercial,
Production
• Odor
• Potential need for
transportation from
facility
• Waste, water, and
energy usage
• Security
Hemp
Manufacturing
• Lower-Potency
Hemp Edible
(LPHE)
Manufacturing
These businesses
convert hemp into LPHE
edible products.
Indoor:
Industrial,
Commercial,
Production
• Odor
• Waste, water, and
energy
Wholesale
• Wholesale
• Cultivator
• Manufacturer
• Mezzobusiness
• Microbusiness
• Medical
Cannabis
• Combination
This activity and license
type allows a business
to purchase from a
business growing or
manufacturing cannabis
or cannabis products
and sell to a cannabis
business engaged in
retail.
Indoor:
Industrial,
Commercial,
Production
• Need for
transportation from
facility
• Security
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Page 15
Zoning and Land Use (cont.)
Table 1: Cannabis and Hemp Business Activities (continued)
Endorsed
Activity
License Type
Eligible to Do
Endorsed Activity
Description of
Activity
Comparable
Districts
Municipal
Considerations
Cannabis Retail
•Retailer
•Mezzobusiness
•Microbusiness
•Medical
Cannabis
•Combination
This endorsed
activity and
license type
allow a business
to sell cannabis
products directly
to consumers.
Indoor: Retail,
Neighborhood
Shopping Districts,
Light Industrial,
Existing districts
where off-sale
liquor or tobacco
sales are allowed.
•Micros may offer
onsite consumption,
similar to breweries.
•Micros and Mezzos
may include multiple
activities: cultivation,
manufacture, and/or
retail.
Transportation •Cannabis
Transporter
This license type
allows a
company to
transport
products from
one license type
to another.
-
•Fleet based
businesses that will
own multiple
vehicles, but not
necessarily hold a
substantial amount
of cannabis or
cannabis products.
Delivery •Cannabis
Delivery
This license type
allows for
transportation to
the end
consumer.
-
•Fleet based business
that will own
multiple vehicles,
but not necessarily
hold a substantial
amount of cannabis
or cannabis
products.
Events •Event Organizer
This license
entitles license
holder to
organize a
temporary event
lasting no more
than four days.
Anywhere that the
city permits events
to occur, subject to
other restrictions
related to cannabis
use.
•On site
consumption.
•Retail sales by a
licensed or endorsed
retail business
possible.
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Page 16
Local Approval Process
Local governments play a critical role in the licensing process,
serving as a near-final approval check on cannabis businesses
nearing the awarding of a state license for operations. Once an
applicant has been vetted by OCM and is selected for
proceeding in the verification process, they are then required to
receive the local government’s certification of zoning
compliance and/or local retail registration before operations
may commence.
Local Certification of Zoning Compliance (342.13; 342.14)
Following OCM’s vetting process, local governments must certify that the applicant with
preliminary approval has achieved compliance with local zoning ordinances prior to the
licensee receiving final approval from OCM to commence operations.
During the application and licensing process for cannabis businesses, OCM will notify a
local government when an applicant intends to operate within their jurisdiction and
request a certification as to whether a proposed cannabis business complies with local
zoning ordinances, and if applicable, whether the proposed business complies with state
fire code and building code.
According to Minnesota’s cannabis law, a local unit of government has 30 days to respond
to this request for certification of compliance. If a local government does not respond to
OCM’s request for certification of compliance within the 30 days, the cannabis law allows
OCM to issue a license. OCM may not issue the final approval for a license if the local
government has indicated they are not in compliance.
OCM will work with local governments to access the licensing software system to
complete this zoning certification process.
Page 156 of 176
Page 17
Local Approval Process (cont.)
Local Retail Registration Process (342.22)
Once the licensing process begins, local government registration applies to licensed
cannabis retailers or other cannabis/hemp businesses seeking to conduct retail sales.
Several license types are authorized to conduct retail sales if they receive a retail
endorsement from OCM. Prior to conducting retail sales under their business license,
state law also requires the business receive a local retail registration.
There are five license types that are eligible to conduct cannabis retail activity and will
seek a retail registration from local governments:
• Cannabis retailers
• Microbusinesses
• Mezzobusinesses
• Medical cannabis combination businesses
• Lower-potency hemp edible retailers
Local governments must issue a retail registration after verifying that:
• The business has a valid license issued by OCM.
• The business has paid a registration fee or renewal fee to the local government.
o Initial registration fees collected by a local government may be $500 or half
the amount of the applicable initial license fee, whichever is less, and
renewal registration fees may be $1,000 or half the amount of the applicable
renewal license fee, whichever is less.
• The business is found to be in compliance with Chapter 342 and local ordinances.
• If applicable, the business is current on all property taxes and assessments for the
proposed retail location.
Local registrations may also be issued by counties if the respective local government
transfers such authorities to the county.
Page 157 of 176
Page 18
Local Approval Process (cont.)
Option to Limit Retail Registrations for Cannabis Businesses:
Determining a Process
State law allows the option for a local government to place a limitation on the number of
cannabis retailers, microbusiness, and mezzobusinesses with retail endorsements allowed
within their locality via ordinance, as long as there is at least one retail location per 12,500
residents. Please see Page 13. Retail registrations for lower-potency hemp edible retailers
and medical cannabis combination businesses are required but may NOT be limited in
number by a local government.
If a local government wishes to limit the number of cannabis retailers, microbusinesses,
or mezzobusinesses via ordinance, state law does not define the process for a local
government’s selection if there are more applicants than registrations available.
Local units of government issuing retail registrations should consider how they will issue
retail registrations. Local units of government may wish to consider whether they will
accept applications during a specified application window or on a rolling basis. Local
governments may wish to consider how to accommodate to the timing of accepting
applications for retail registration as to not allocate all registrations at once. This may also
include timelines that coincide with state licensing timelines as to limit bottlenecks.
Additionally, local units of government should consider the process by which they will
determine who gets a registration, e.g., through the use of a lottery, on a first-come/first-
serve model, through a merit-based scoring system, etc. It is highly recommended that
local governments work with an attorney to determine their specific process for selection
if they wish to limit the number of retail registrations per section 342.13.
It is also important to note that local governments are not required to limit the number of
licensed cannabis retailers, microbusinesses, or mezzobusinesses, and instead local
governments can determine a process that reviews requests/applications for retail
registrations as they are received.
Page 158 of 176
Page 19
Local Approval Process (cont.)
Other Considerations
Existing retail locations. Retailers in Minnesota’s medical cannabis program and lower-
potency hemp edible program may currently be operating in a local government’s
jurisdiction under active registrations. In the future, these active businesses will be
required to obtain a license from OCM and will need a local retail registration to continue
their operations. Local governments may wish to consider how businesses currently
operating will be issued retail registrations when determining if and how to limit retail
registrations.
Local zoning approval does not guarantee retail registration. Zoning certification from
local governments does not guarantee a local retail registration. This is a distinctly
separate approval process. All applicants seeking retail activity will be required to obtain a
zoning certification from the local government to be issued a state license. Local
governments may wish to monitor the number of zoning certifications they provide to
OCM to inform the likely volume of retail registration applicants.
Page 159 of 176
Page 20
Local Approval Process (cont.)
Local governments are permitted specific authorities for registration refusal and
registration suspension, in addition to—and not in conflict with—OCM authorities.
Registration and Renewal Refusals
Local governments may refuse the registration and/or
certification of a license renewal if the license is associated
with an individual or business who no longer holds a valid
license, has failed to pay the local registration or renewal
fee, or has been found in noncompliance in connection with
a preliminary or renewal compliance check.
Local Registration Suspension (342.22)
Local governments may suspend the local retail registration of a cannabis business or
hemp business if the business is determined to not be operating in compliance with a
local ordinance authorized by section 342.13 or if the operation of the business poses an
immediate threat to the health and safety of the public. The local government must
immediately notify OCM of the suspension if it occurs. OCM will review the suspension
and may reinstate the registration or take enforcement action.
Expedited Complaint Process (342.13)
Per state law, OCM will establish an expedited complaint process during the rulemaking
process to receive, review, read, and respond to complaints made by a local unit of
government about a cannabis business. Upon promulgation of rules, OCM will publish the
complaint process.
At a minimum, the expedited complaint process shall require the office to provide an
initial response to the complaint within seven days and perform any necessary
inspections within 30 days. Within this process, if a local government notifies OCM that a
cannabis business poses an immediate threat to the health or safety of the public, the
office must respond within one business day.
Page 160 of 176
Page 21
Inspections & Compliance Checks
Local governments are permitted specific business inspection and compliance check
authorities, in addition to—and not in conflict with—OCM authorities.
Inspections and Compliance Checks (342.22)
Local governments must conduct compliance
checks for cannabis and hemp businesses holding
retail registration at least once per calendar year.
These compliance checks must verify compliance
with age verification procedures and compliance
with any applicable local ordinance established
pursuant to section 342.13. OCM maintains
inspection authorities for all cannabis licenses to
verify compliance with operation requirements,
product limits, and other applicable requirements
of Chapter 342.
Page 161 of 176
Page 22
Municipal Cannabis Stores
As authorized in section 342.32, local governments are
permitted to apply for a cannabis retail license to establish
and operate a municipal cannabis store.
State law requires OCM issue a license to a city or county
seeking to operate a single municipal cannabis store if the
city or county:
•Submits required application information to OCM,
•Meets minimum requirements for licensure, and
•Pays applicable application and license fee.
A municipal cannabis store will not be included in the total count of retail licenses issued
by the state under Chapter 342.
A municipal cannabis store cannot be counted as retail registration for purposes of
determining whether a municipality’s cap on retail registrations imposed by ordinance.
Page 162 of 176
Page 23
Creating Your Local Ordinance
As authorized in section 342.13, a local government may adopt a local ordinance
regarding cannabis businesses. Establishing local governments’ ordinances on cannabis
businesses in a timely manner is critical for the ability for local cities or towns to establish
local control as described in the law and is necessary for the success of the statewide
industry and the ability of local governments to protect public health and safety. The
cannabis market’s potential to create jobs, generate revenue, and contribute to economic
development at the local and state level is supported through local ordinance work. The
issuance of local certifications and registrations to prospective cannabis businesses is also
dependent on local ordinances.
•Local governments may not prohibit the possession,
transportation, or use of cannabis, or the establishment or
operation of a cannabis business licensed under state law.
•Local governments may adopt reasonable restrictions on the
time, place, and manner of cannabis business operations (see
Page 14).
•Local governments may adopt interim ordinances to protect
public safety and welfare, as any studies and/or further
considerations on local cannabis activities are being
conducted, until January 1, 2025. A public hearing must be
held prior to adoption of an interim ordinance.
•If your local government wishes to operate a municipal
cannabis store, the establishment and operation of such a
facility must be considered in a local ordinance.
Model Ordinance
For additional guidance regarding the creation of a cannabis related ordinance, please
reference the additional resources on page 27.
Page 163 of 176
Page 24
Additional Information – Tobacco Sales
Penalties Related to a Revocation or
Suspension of Tobacco License
A cannabis or hemp business license holder may also hold a
tobacco license under Minnesota Statutes Chapter 461.
However, tobacco cannot be sold in the cannabis retail
location. Under section 461.12, Minnesota law allows a
licensee’s authority to sell tobacco and related products
under the section to be suspended and possibly revoked if
the licensee also holds a cannabis or hemp business license
under Chapter 342 or is a registrant under section 151.72
and that license or registration is revoked. This penalty also
applies if the license holder is convicted of an offense under
section 151.72 or has been convicted under any other
statute for illegal sale of cannabis products.
Clarifying Cannabis Businesses Authority
Cannabis businesses will be able to sell vaporizers without
a tobacco license. Under Minnesota Statutes, section
342.27, subd. 3(a), retail licensees are permitted to sell
cannabis paraphernalia. Cannabis paraphernalia includes
“all equipment, products, and materials of any kind that
are knowingly or intentionally used primarily in ...
ingesting, inhaling, or otherwise introducing cannabis
products into the human body” [Minnesota Statutes,
section 342.01, subd. 18(2)]. Therefore, Minnesota
Statutes, section 342.27, subd. 3(a) specifically authorizes
retail licensees to sell cannabis paraphernalia, which in
this instance includes vaporizers.
Page 164 of 176
Page 25
Additional Resources
OCM Toolkit for Local Partners
Please visit the OCM webpage (mn.gov/ocm/local-governments/) for additional
information, including a toolkit of resources developed specifically for local government
partners. The webpage will be updated as additional information becomes available and
as state regulations are adopted.
Toolkit resources include:
•Appendix A: Cannabis Model Ordinance (mn.gov/ocm/lgg-appendix-a)
•Appendix B: Retail Registration Form and Checklist (mn.gov/ocm/lgg-appendix-b)
•Appendix C: Cannabis Flower and Hemp-Derived Cannabinoid Products
Inspection Checklist (mn.gov/ocm/lgg-appendix-c)
•Appendix D: Enforcement Notice from the Office of Cannabis Management
(mn.gov/ocm/lgg-appendix-d)
•Appendix E: Notice to Unlawful Cannabis Sellers (mn.gov/ocm/lgg-appendix-e)
•Appendix F: Model Guidelines on Age Verification Compliance Checks Policy and
Procedures (mn.gov/ocm/lgg-appendix-f)
•Appendix G: Cannabis and Hemp Age Compliance Check Form (mn.gov/ocm/lgg-
appendix-g)
•Appendix H: Local Unit of Government Cannabis Licensing Contact, Delegation
Form, and Accela Registration Instructions Guide (mn.gov/ocm/local-
governments/contactform.jsp)
•Appendix J: Local Approval for Early Cultivation (mn.gov/ocm/lgg-appendix-j)
Local Organizations
There are several organizations who also have developed resources to support local
governments regarding the cannabis industry. Please feel free to contact the following for
additional resources:
•League of Minnesota Cities
•Association of Minnesota Counties
•Minnesota Public Health Law Center
Page 165 of 176
Page 168 of 176
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10.d
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: January 21, 2025
AGENDA ITEM: Request for Proposals--Ivy Hills Park Playground Replacement
ITEM TYPE: New and Unfinished Business
DEPARTMENT: Parks and Recreation CONTACT: Meredith Lawrence, Parks
and Recreation/Assistant
Public Works Director
ACTION REQUEST:
Authorize the issuance of a Request for Proposals (RFP) for the playground replacement at Ivy
Hills Park.
BACKGROUND:
Based on the age and current condition, the Ivy Hills Park playground needs to be replaced.
The majority of the existing playground was built in 2007, although the swing set was not
replaced in 2007 and staff cannot find documentation of when they were last replaced. A
standard life of expectancy of playgrounds is typically between 15-20 years of service.
The Parks and Recreation Commission established a playground work group that met with
staff in order to develop criteria for the attached Ivy Hills Park Playground RFP. The
Commission reviewed the RFP at their January 14 meeting and commissioners were in support
of the scope of the project.
Features requested to be included in all proposals for reconstruction include:
•At least five swings including the following types (platform swing that can
accommodate a wheelchair, parent/child swing, belt swing, toddler swing, arch swing
with sensory seat)
•A dramatic play element
•A communication board
•At least two slides
•At least two vinyl coated steel benches with banks anchored in the ground within the
container area
Page 166 of 176
•Engineered wood fiber surfacing
All proposals must include demolition and disposal of current playground equipment, any
necessary sitework, the container shape update, playground equipment, engineered wood
fiber surfacing, and installation for the playground site. The work group requested a bright
color pallet to be used for the playground features.
The 2025 budget included $160,000 for this project from the General Levy--which includes all
costs associated with the project, including the demolition and disposal of existing equipment,
an updated container, surfacing, structures, delivery, installation, construction permits, taxes
and service charges. Staff is recommending increasing the size of the container by
approximately 17%, which would provide additional space for features which will need larger
safety zones due to new safety regulations and make it similar to other neighborhood park
playgrounds recently updated. This would require a $20,000 contribution from the Special
Parks Fund for this enhancement to the existing playground. The attached map outlines the
updated container shape.
The proposed timeline for the project is as follows:
•Proposal submittal deadline: 10am on February 17, 2025
•Staff review proposals the week of: Week of February 17
•If more than three proposals are received, staff and the playground work group will
narrow down the proposals to the top three for engagement with the community
•Review by residents (survey and open house) and Parks and Recreation Commission
completed by: April 9, 2025
•Approval by City Council: April 15
•Notification of Contract Award: April 16
•Installation of playground structure at Ivy Hills Park must be completed by the end of
2025
FISCAL AND RESOURCE IMPACT:
There is no cost associated with the release of the RFP. The 2025 budget included $160,000
from the City's General Levy to cover the expenses of this project. Based on the increased size
of the new playground, staff is recommending an additional $20,000 for the project is
contributed from the Special Park Fund.
ATTACHMENTS:
1.Ivy Hills Playground RFP
2.Ivy Hill Playground Map
CITY COUNCIL PRIORITY:
Economic Vitality & Community Vibrancy, Premier Public Services & Infrastructure, Inclusive
and Responsive Government
Page 167 of 176
City of Mendota Heights
REQUEST FOR PROPOSALS
IVY HILLS PARK PLAYGROUND REPLACEMENT
645 Butler Avenue
Mendota Heights, MN 55118
PROPOSAL DEADLINE: February 17, 2025 10:00am
Released: January 22, 2025
Page 169 of 176
Section 1: General Information
1). Contract Administration
All correspondence regarding this RFP (Request for Proposals) and the proposed services must be
addressed to:
Meredith Lawrence, Parks and Recreation Director/Assistant Public Works Director
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Phone: 651-255-1354
Email: mlawrence@mendotaheightsmn.gov
Submission must be sent by email. One hard copy PDF of the proposal and any relevant attachments
should be sent to the mailing address above.
2). Tentative Timeline
Due Date: 10:00am on February 17, 2025 (includes both digital and physical submission)
Review by Parks and Recreation Commission on April 9, 2025
City Council Approval of Project on April 15, 2025
Notification of Award on April 16, 2025
Delivery and Installation of Playground must be complete by end of 2025
3). Acceptance of Proposals Contents
The contents of this RFP and the proposal will become contractual obligations if a contract ensues.
Failure of the consultant to meet these obligations may result in cancellation of the award. All
information in the proposal is subject to disclosure under the provisions of Minnesota Statutes Chapter
13—Minnesota Government Data Practices Act.
Section 2: Project Overview
1). Project Overview and Purpose
The purpose of the RFP is to obtain site plan design and quotes to include demolition and disposal of
current playground equipment, any necessary sitework, an expanded container, playground equipment,
engineered wood fiber surfacing and installation for the playground site at Ivy Hills Park, 645 Butler
Avenue, Mendota Heights, MN 55118. The Parks and Recreation Department is challenging various
playground manufacturers to use their professional expertise and creativity to develop a unique play
structure.
2). Owner
The City of Mendota Heights is designated as Owner. All work shall be on public property. The
contractor shall, at all times, confine operations to stay within the limits of the property. Any repairs or
restorations required outside the property limits due to the Contractor’s carelessness shall be repaired
by the Contractor at their expense.
Page 170 of 176
Section 3: Proposals
To be considered, each firm must submit a complete response to this RFP, using the format provided.
The proposal must be signed in ink by an official authorized to bind the submitter to its provisions. The
proposal must include a statement as to the period during which the proposal remains valid. This period
must be at least one hundred twenty (120) days from the due date for this proposal. Respondents shall
include one digital and one hard copy of their proposal document.
1). Specifications
A. The structure shall meet and comply with all current ADA Legislation and ASTM F1487 and
include demolition and disposal of current playground equipment, any necessary sitework, an
expanded container and playground footprint, playground equipment, engineered wood fiber
surfacing and installation for the playground site.
B. All equipment must meet age-related design criteria suitable for 2-5-year olds and 5-12 year olds
and be IPEMA certified.
C. The recycled wood timber container expansion must be included to meet the design of the
updated enclosure attached and match the color and style of the existing container timbers to
remain. The existing container does not need to be completely replaced but must have portions
replaced to ensure it meets ADA requirements and safety standards. It is anticipated that the
existing container timbers to be replaced will be salvaged from the existing infrastructure;
however, container replacement may require select timbers to be furnished by the contractor if
salvaged timbers are deemed unusable or are insufficient to meet any modified measurements
of the container.
a. To allow for adequate playground access space meeting current ADA requirements for a
pedestrian ramp, the existing bituminous surface access shall be removed and replaced
with a concrete pedestrian ramp. Bituminous surface removal limits shall be limited to
only what is necessary to remove to achieve ADA compliance within the pedestrian ramp
but may require removals up to the connecting trail system through Ivy Hills Park.
D. The play structure quote must include the following features:
a. At least five swings including the following types:
i. Platform swing that can accommodate a wheelchair
ii. Parent/child swing
iii. Belt swing
iv. Toddler swing
v. Arch swing with sensory seat
b. A dramatic play element
c. A communication board
d. At least two slides
e. At least two vinyl coated steel benches with backs anchored in the ground within the
container area (if vendors would like to retain and reinstall the two existing blue
playground benches, that is acceptable. The two existing blue playground benches shall
be removed from the site by the contractor should new vinyl coated steel benches be
selected for use.)
f. Engineered wood fiber surfacing
E. Other amenities may include, but are not be limited to the following: plastic slides, climbing
walls/units, ladders, play panels, transfer decks, fire poles, spinners, overhead gliders, play
accessories, shade structures, etc.
a. It is not a requirement that the sandbox remains. Thus, vendors are welcome to propose
using that space for different features within the playground design.
Page 171 of 176
F. Wear pads must be installed below the bottom of slides and swings.
G. The playground container is currently 3,815 square feet. The new playground will be increased to
4,472 square feet. The attached map outlines the container space available for expansion in
green and pink.
a. Expansion of the northeast section of the playground container is anticipated to require
saw cutting and removal of a portion of the existing concrete pad used for bicycle storage
and trash collection to better align the container’s perimeter with the adjacent trail
system. The anticipated concrete removal limits can be seen on the attached playground
map.
H. The site shall have signage information provided appropriate to the structure/area. If signage
includes photos of individuals, the photo must include a diverse group of users.
I. All plastic and coating products must be UV and color stabilized to resist fading.
J. Supplier must be able to provide a tool kit for fasteners, parts manual (both hard copy and
electronic) and a touch up paint kit for all structure colors.
K. All parts must have a corrosion resistant finish and be capped on the top end.
L. All metal decks must be manufactured from sheet steel conforming to ASTM specification A-569
and be finished with a vinyl coating.
M. All connecting hardware used must be zinc plated or stainless steel, free of protrusions, vandal
resistant and have a tamper proof design. A Service kit for tamper proof fasteners must also be
provided.
N. The color pallet for the playground is requested to portray bright colors.
2). Submission Requirements
Each of the following items shall be considered an integral part of the Contractor’s proposal and shall be
submitted to the City on or before the date and time as stated:
1. One copy of a completed and signed Proposal Form.
2. A list of all base materials
3. A list of all equipment included in the plans, with quantities.
4. One copy of a play area equipment layout drawing to scale showing layout, safety zones,
accessibility, border and outside dimensions.
5. One bound notebook or plan size sheet of all components and features specific to the project.
6. One complete copy of all warranty information.
7. The contractor shall indicate all deviations from the specifications.
8. Provide a letter from the manufacturer or an independent consulting firm stating all equipment
meets the current ASTM F1487 standards
9. Estimated timeline for construction.
a. The installation of the entire playground must be completed by paid professional staff.
Any deviation from the use of paid professional installers must be approved by the Parks
and Recreation Director.
10. Documentation that all equipment quoted is covered by product liability insurance.
3). Project Budget
The fee proposal must not exceed $180,000 and must include all elements associated with the project,
including procurement of all documents, demolition of existing equipment, new container materials and
installation for area of expansion, installation of replacement recycled wood timbers in areas where
unsafe, surfacing, structures, delivery, installation, construction permits, taxes and service charges. Each
firm is requested to provide the maximum amount of play activities for that fee.
Page 172 of 176
4). Proposal Receipt
Proposals must arrive at the Mendota Heights City Hall, 1101 Victoria Curve, Mendota Heights, MN
55118 on or before 10:00 AM on Monday, February 17, 2025.
Section 4: Playground Regulatory Compliance
Each playground proposal must meet the following regulatory compliance requirements:
1. All equipment provided and all areas around and between equipment must comply with the
most current Consumer Product Safety Commission (CPSC) guidelines and The American Society
for Testing and Material (ASTM) standards. It is the responsibility of each bidder and
manufacturer to be aware of these guidelines. Please list all deviations where your proposal
does not comply and explain each in detail when submitting the proposal. Equipment that
requires intensive labor measures or modifications, after installation, such as the cutting of bolts,
to bring equipment into conformance with CPSC and ASTM will not be accepted. As
recommended by CPSC, a project specific maintenance manual shall be provided at the end of
the project.
2. The entire playground must meet the current requirements of the Americans with Disabilities Act
and ASTM F1487.
3. All equipment must be IPEMA certified.
4. All surfacing materials must meet current CPSC guidelines, ASTM F1951 and ASTM F1292
standards, as well as be IPEMA certified.
a. Once installation is complete on all equipment, the supplier must provide a formal safety
audit of the installed equipment. The audit must document that equipment meets all
current standards listed above. Final payment for the structure, payment for base
materials and installation will not be processed until after the safety audit inspection and
document has been completed and delivered from a certified playground inspector. CPSI
documentation must be included.
Section 5: Proposal Selection
Responses to this RFP will be evaluated based on the following process:
1. Staff will review the firm’s response to the RFP and determine if the proposal meets all criteria
for consideration.
2. The Parks and Recreation Commission’s subcommittee and staff will narrow down the complete
proposals to the top three designs to be considered by the community.
3. A neighborhood meeting and community survey will be conducted so residents can review the
proposed play structure options and provide feedback on a preferred plan.
4. The Parks and Recreation Commission will review the neighborhood meeting and community
survey results and make a recommendation to the City Council on the desired playground for the
park.
5. City staff will present the Parks and Recreation Commission’s recommendation to the City
Council for a final decision.
Staff will use the feedback from the resident groups and a recommendation from the Parks and
Recreation Commission to enable the City Council to make a formal decision. If necessary, an
interview/informational meeting may be requested by staff with potential vendors.
Page 173 of 176
1). Award of Contract
The City of Mendota Heights will award one contract for this entire project to a responsible bidder
submitting the Quote meeting all performance and required criteria as set forth by this set of contract
documents, plans and specifications.
Section 6: Project Terms and Conditions
The following terms and conditions apply to this Request for Proposals (RFP):
1. The City of Mendota Heights is not liable for any cost incurred by the prospective firms prior to
the signing of the contract.
2. The contents of this proposal will become contractual obligations if a contract ensues. Failure of
the selected consultant to accept these obligations may result in cancellation of the award.
3. The City of Mendota Heights reserves the right to award the total proposal, to reject any and all
proposals in whole or in part, and to waive any informality or technical defects, in the City’s
judgment. In determination of award, the qualification of the proposal submitter, the conformity
with the specifications of services to be supplied and delivery terms will be considered.
4. The city assumes no responsibility or liability for costs incurred by the firms prior to the
submission of a proposal. Total liability of the City of Mendota Heights is limited to the terms and
conditions of this agreement.
5. The successful respondent will be required to furnish appropriate certificates of insurance as part
of the final contract negotiations.
6. The contractor shall pay all sales, consumer, use and other taxes required to be paid by them in
accordance with the law of the place where the work is to be performed.
7. The contractors shall provide and maintain all necessary temporary enclosures and barricades to
adequately protect the work and materials from the elements and persons not involved with
construction. The Contractor shall remove all temporary enclosures, barricades and fences upon
completion of the work.
8. The contractor shall provide for and be responsible for protection of existing pavements, utilities,
fencing, etc. In general, all existing materials, surfaces, sod, etc., to remain which are affected by
the work shall be repaired and restored to an original and functional condition.
9. Before making any shipment of materials to the site, the contractor shall ascertain whether the
site is in a condition to receive the shipment. Where this provision is neglected and material is
delivered to the site when the latter is not in condition to receive it, such materials shall be
properly stored elsewhere at the contractor’s expense and adequate insurance coverage
provided for off-site storage.
10. The contractor shall provide storage as required to protect and preserve all materials stored at
the site. Materials are not to be stored directly on the ground. Storage of materials is to be
confined to areas designated by the City. The city will not sign for or be responsible for materials
delivered to the site.
a. Equipment delivered early will not be paid in full. Full payment of structure and
installation will be paid when installation is complete and a compliance audit has been
received.
11. Working hours shall be from 7:00am- 8:00pm on Monday-Friday and 9:00am-5:00pm on
Saturday and Sundays.
12. All work areas shall be returned to a condition equal to or better than was in existence at the
beginning of the project. All construction debris, including excavated soil, shipping materials
Page 174 of 176
including cardboard, pallets, etc. shall be removed and disposed of in a manner satisfactory to
the City.
Page 175 of 176
Dakota County, Maxar, Microsoft
0 20
SCALE IN FEETDate: 1/9/2025
Ivy Hill Playground
Existing Playground
3,815 Square Feet
Northeast Addition
492 Square Feet
+12.9% Increase to Ex
Northwest Addition
165 Square Feet
+4.3% Inc to Ex
Page 176 of 176