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02 18 2025 CC Agenda Packet CITY OF MENDOTA HEIGHTS CITY COUNCIL REGULAR MEETING AGENDA February 18, 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. Approval of the Agenda The Council, upon majority vote of its members, may make additions or deletions to the agenda. These items may be submitted after the agenda preparation deadline. 5. Public Comments - for items not on the agenda Public comments provide an opportunity to address the City Council on items which are not on the meeting agenda. All are welcome to speak. Individuals should address their comments to the City Council as a whole, not individual members. Speakers are requested to come to the podium and must state their name and address. Comments are limited to three (3) minutes. No action will be taken; however, the Mayor and Council may ask clarifying questions as needed or request staff to follow up. 6. Consent Agenda Items on the consent agenda are approved by one motion of the City Council. If a councilmember requests additional information or wants to make a comment on an item, the item will be removed from the consent agenda and considered separately. Items removed from the consent agenda will be taken up as the next order of business. a. Approve Minutes from the February 4, 2025, City Council Meeting b. Approve Massage Therapist License Pending a Successful Background Check c. Resolution 2025-11 Accepting Donation to the Mendota Heights Par 3 Community Golf Course d. Authorize Great River Greening Cooperative Agreement e. Approve Claims List 7. Presentations Page 1 of 41 a. Police Officer Oath of Office/Swearing In b. Mendota Heights Volunteer Program Annual Report 8. Public Hearings 9. New and Unfinished Business 10. Community / City Administrator Announcements 11. City Council Comments 12. Adjourn Next Meeting March 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 Page 2 of 41 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA DRAFT Minutes of the Regular Meeting Held Tuesday, February 4, 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. 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 David Hiner commented that the users of the dog park cherish the park and take care of it. He stated that there is an issue with people letting their large dogs in the small dog area, which creates many issues. He stated that the large dogs have already torn up the large dog area, which leads to them bringing their large dogs into the small dog area to create the same issues. There are holes in the water dishes in the small dog area. He noted that the large dog area has a low spot that holds water. He asked that the City complete some maintenance on the large dog area in the park and suggested the use of woodchips rather than grass in that area. 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 January 21, 2025, City Council Minutes b. Approval of January 21, 2025, Council Work Session Minutes c. Approve City Administrator’s Performance Evaluation Summary d. Approve Out of Metro Travel Request for the City Administrator Page 3 of 41 6.a February 4, 2025, Mendota Heights City Council Page 2 of 10 e. Approve the Promotion of Dave Perrault to Mendota Heights Police Officer f. Approve the Purchase of a Cold Planer for the Streets Department g. Authorize the Purchase of Street Light Poles h. Approve Tree Removal Contract i. Authorize the Issuance of a Request for Proposals for the Development of an ADA Transition Plan j. Authorize 2024 Audit Services Contract with BerganKDV k. Approve the Hiring of Recreation Facilities Coordinator l. Authorize the Annual Firefighter Recruitment Process of up to Four Recruits for Mendota Heights Firefighters m. Authorize a Temporary Full-Time Equivalent Police Officer Position within the Mendota Heights Police Department n. Approve Ordinance 599 Amending City Code; Title 6, Chapter 4, Section 3 Revising “Seasonal Restrictions and Weight Limits Established” o. Authorize Professional Services Agreement with Full Circle Indigenous Planning and Design for the Oheyawahe/Pilot Knob Preservation Site Interpretive Design Project (Phase III) p. Approve December 2024 Treasurer’s Report q. Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 PRESENTATIONS No items scheduled. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2025-10 APPOINTMENTS TO CITY ADVISORY COMMISSIONS Mayor Levine reported that interviews were completed to select individuals to fill vacant positions and since that time two individuals who were selected were unable to accept the positions. She stated that two additional members were selected to serve on advisory commissions. Councilor Mazzitello moved to approve RESOLUTION 2025-10 APPOINTING CITY ADVISORY COMMISSION MEMBERS. Councilor Lorberbaum seconded the motion. Further discussion: Councilor Paper commented that it was nice that the City had a robust pool of candidates to choose from. Mayor Levine agreed and thanked the residents who continue to express interest in serving and those who volunteer their time to serve on a commission. Page 4 of 41 February 4, 2025, Mendota Heights City Council Page 3 of 10 Ayes: 5 Nays: 0 B) REQUEST FOR PROPOSALS – IVY HILLS PARK PLAYGROUND Parks and Recreation/Assistant Public Works Director Meredith Lawrence provided a brief background on this item which was tabled at the January 21st meeting. The Council was being asked to authorize the issuance of a Request for Proposals (RFP) for the playground replacement at Ivy Hills Park. Councilor Mazzitello asked if the RFP would still contain the desired budget so that vendors know the scope of which to work within. Parks and Recreation/Assistant Public Works Director Meredith Lawrence confirmed that the RFP includes a not to exceed dollar amount. Councilor Mazzitello stated that in engineering, vendors are typically aware of potential project RFPs. He asked if vendors are aware that this RFP is going to be released. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that she was contacted by three vendors last week who heard about the meeting, so they know it is coming. She stated that the City has nine or ten vendors that it would be contacting with the RFP. Councilor Maczko thanked staff for the update and additional information. He noticed that the ADA piece of equipment was changed to something more general and agreed that all parks should include an ADA- accessible item. He asked if the vendor is allowed to propose a piece of equipment outside of the container or whether all equipment would need to be contained within, noting that a merry-go-round is a large piece of equipment. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that the playground standards require that all features are included in the container to provide adequate use and fall zones along with required surfacing. Councilor Maczko asked if vendors could recommend the look of the container or whether that is specified by the City. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that the RFP includes a map, and vendors would submit their design through that. She stated that if modifications are desired, that could be done but noted that it is important to ensure consistency between the bids received. Councilor Maczko asked if there has been thought for the vendors to include an anticipated completion date. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that it would be difficult to provide the desired completion date because of public engagement and the timing of meetings for final approval of the project. Page 5 of 41 February 4, 2025, Mendota Heights City Council Page 4 of 10 Councilor Paper asked if the vendor would lock in the price if the project could not be completed this year. Parks and Recreation/Assistant Public Works Director Meredith Lawrence confirmed that would be a requirement. Mayor Levine asked if vendors recycle any of the equipment. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that could be requested upon selection of a vendor. She stated that there are a lot of factors that go into the determination of whether the equipment could be reused. She was unsure that this playground would be a good candidate because it may not be compliant, or because of its age, but that decision would be left to the vendor. Councilor Lorberbaum moved to authorize THE ISSUANCE OF A REQUEST FOR PROPOSALS FOR THE PLAYGROUND REPLACEMENT AT IVY HILLS PARK. Councilor Mazzitello seconded the motion. Further discussion: Councilor Lorberbaum commented on the nice job that staff did in responding to the comments from the Council at the last meeting. She stated that she was very concerned with the cost, as $160,000 had been budgeted but the anticipated budget proposed is $180,000, with $20,000 coming out of the special park fund. She also expressed concern with the balance of the special parks fund continuing to be lowered as there is no strong avenue to build that account back up. She noted that she has since learned that At Home Apartments is anticipating beginning construction in late summer or early fall, which may deposit $316,000 into the special parks fund with park dedication fees. She stated that with that information she is more comfortable spending the $20,000 from the special parks fund. Councilor Maczko stated that he does not like to see budgets exceeded and this request includes funds outside of the budgeted amount. He stated that he is not as concerned with using the special parks fund as it can only be used for certain things, such as park expansion. He stated that this would be a park expansion and therefore an eligible expense from the special parks fund. He stated that if there is a realignment of the container that makes the project work better, he will support providing that flexibility if it stays within the budget. He stated that perhaps the planned container area as shown and adding a statement that if the vendor believes a different alignment would be more efficient, he will support that creativity. Mayor Levine asked if Councilor Maczko was asking to amend the RFP. Councilor Maczko stated he was because the RFP does not state that the equipment must fit within the container. It could be added in paragraphs C or D of the RFP stating that the vendors have the flexibility to modify the container shape if they find it would be more efficient to accommodate the desired equipment and stay within the budget. Councilor Mazzitello complemented Councilor Lorberbaum on her analysis of the special parks fund. He stated that over $300,000 coming in 2025, added to the existing balance would provide a robust balance for the special parks fund. He stated that Councilor Maczko is also correct in that there are limits as to Page 6 of 41 February 4, 2025, Mendota Heights City Council Page 5 of 10 how the special parks fund can be used. He stated that this project would add space and additional features and therefore would qualify. He supports the motion as stated. Councilor Paper commented that the City will need to decide how to fund parks projects moving forward and the special parks fund is not a savings account that does not have a required minimum balance. He stated that he would not feel bad about using the special parks fund for its intended purpose. He acknowledged that the City will need to find a better way to fund the account in the future as that is a discussion that continues to be pushed down the road. He stated that it sounds like if the container size/shape is changed that would also change the scope of the project and would mean that the vendors are not bidding on the same thing. Councilor Maczko stated that everyone would still bid off the same base project and the City is looking to gain the maximum value for the allocated funding. He stated that if the vendors have the option to configure the container in a better way, that should be allowed, and everyone would still be on the same playing field. Councilor Paper stated that if a redesign of the container is allowed, that would guide more dollars toward a larger container and site work rather than equipment. Councilor Maczko stated that would be left to the community as to what they like or do not like and this would allow the vendor to be more creative. Councilor Lorberbaum reviewed potential language to amend the RFP to provide the flexibility desired by Councilor Maczko. Councilor Maczko moved to amend the motion TO ADD TO THE RFP IN SECTION 3, 1.G, BULLET C TO READ VENDORS HAVE THE OPTION TO SHOW CREATIVITY IN RESPONSE TO THE CONTAINER’S CONTENTS AND/OR SHAPE. Mayor Levine seconded the motion. Further discussion of the amendment: Councilor Paper asked who would be responsible for the site work and dirt work. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that is included in the scope of the project and therefore would be the responsibility of the contractor. She stated that the staff walked the site and proposed the container additions in these locations because of the location of underground infrastructure to the south. She stated that they could expand to the north but there is some grade change. Public Works Director Ryan Ruzek stated that he agrees with Councilor Maczko that providing that suggested flexibility would not create an unfair RFP process. He stated that if they wanted to change the shape, there could be additional expenses as a result of the site work. He stated that they could limit that expansion in a certain direction and not in another direction, but that could be clarified later and would not need to be part of the motion. Page 7 of 41 February 4, 2025, Mendota Heights City Council Page 6 of 10 Councilor Lorberbaum stated she would accept the amendment if Councilor Mazzitello, who seconded the motion, agreed to the amendment. Councilor Mazzitello stated no that he did not accept the amendment. Councilor Mazzitello stated that in the staff analysis of the site it was determined that these were the most logical areas for site expansion. He asked if there would be additional tree removal and dirt work if the container were to expand in other areas and an estimate for those types of impacts. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that there is a nice tree canopy, and she would not want to see any additional trees removed as part of the project. She stated that there would be room to expand to the north, but that would require some additional grading because of the slope change and may add to the container cost. She stated that staff could walk the site again and mark an out-of-bounds area to ensure the trees and infrastructure are not impacted. Councilor Mazzitello commented that he believes the container expansion proposed by staff is the most efficient way to capture the square footage. The existing playground container is 3,815 square feet and the proposed playground container is 4,472 square feet. He stated that changing the container shape in other ways would seem to add to the cost of the container expansion which would take away from the funds available for equipment. Parks and Recreation/Assistant Public Works Director Meredith Lawrence added that the goal was also to square up the container and reuse the container to the extent possible to save costs. She stated that she does feel comfortable that a similar response will be received from vendors and would also support the flexibility suggested, if that is the desire of the Council. Councilor Maczko stated that he has not heard anyone say they are an expert in playground or park design and therefore would be interested in providing flexibility to vendors. He stated that residents, the park subcommittee, and the Parks and Recreation Commission would still make recommendations of what they would like best. Councilor Lorberbaum agreed that while it may not look efficient, she would not want to squelch creativity. She stated that if they do not like the shape or proposal, they do not have to choose that one. Mayor Levine called for a vote on the amendment to the motion TO ADD TO THE RFP IN SECTION 3, 1.G, BULLET C TO READ VENDORS HAVE THE OPTION TO SHOW CREATIVITY IN RESPONSE TO THE CONTAINER’S CONTENTS AND/OR SHAPE. Ayes: 3 Nays: 2 (Mazzitello and Levine) Mayor Levine called for a vote on the requested motion as amended to authorize THE ISSUANCE OF A REQUEST FOR PROPOSALS FOR THE PLAYGROUND REPLACEMENT AT IVY HILLS PARK. Ayes: 5 Nays: 0 Page 8 of 41 February 4, 2025, Mendota Heights City Council Page 7 of 10 C) RESOLUTION 2025-08 TO APPROVE LIMITED USE PERMIT #1917-1031 AND RESOLUTION 2025-09 TO APPROVE PLANS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE FRIENDLY HILLS NEIGHBORHOOD IMPROVEMENTS Public Works Director Ryan Ruzek provided a brief background on this item. The Council was being asked to consider the adoption of Resolution 2025-08 approving a Limited Use Permit for the trail facility along Decorah Lane and adopt Resolution 2025-09 approving the final plans and specifications and authorizing advertisement for bids for the Friendly Hills Neighborhood Improvements. Councilor Paper asked if staff have seen project pricing in other communities for the upcoming year. Public Works Director Ryan Ruzek replied that he has not heard of any bids coming in yet for spring. Councilor Mazzitello moved to approve RESOLUTION NO. 2025-08 ENTERING INTO A LIMITED USE PERMIT WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION. Councilor Maczko seconded the motion. Further discussion: Councilor Mazzitello stated that one bid has been opened so far for this season at the County and the bid was eight percent lower than the estimate. Ayes: 5 Nays: 0 Councilor Mazzitello moved to approve RESOLUTION 2025-09 APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE FRIENDLY HILLS NEIGHBORHOOD IMPROVEMENTS, CITY PROJECT NO. 202407. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 D) RESOLUTION 2025-07 SUPPORTING DAKOTA COUNTY RIVER TO RIVER GREENWAY IMPROVEMENT PROJECT NO. 30002 Public Works Director Ryan Ruzek provided a brief background on this item. The Council was being asked to consider Resolution 2025-07 supporting approval of the plans and specifications by the Dakota County Board of Commissioners to reconstruct the trail through Valley Park between Marie Avenue and Lilydale Road as part of the River to River Greenway. Councilor Maczko asked if the Bluff Circle connection, once completed, would become the City’s responsibility or whether that would be part of the regional trail. Public Works Director Ryan Ruzek replied that the connection would remain a City-owned trail. Mayor Levine asked if that trail for the Bluff Circle connection would be eight or ten feet wide. Page 9 of 41 February 4, 2025, Mendota Heights City Council Page 8 of 10 Public Works Director Ryan Ruzek replied that the section would remain eight feet in width, noting that the trail width or alignment would not be changing it would simply receive a new lift of pavement. Councilor Maczko asked if the trails and bridges would support emergency vehicle access. Public Works Director Ryan Ruzek replied that the bridges would be wider than what currently exists and would be designed to support emergency vehicles. He stated that the base and pavement of the trails would also be adequate for those vehicles. He commented that ideally, bridge surfacing will also eliminate some of the accidents that require response. Councilor Lorberbaum stated that she likes the proposed slab by the pavilion. She asked if the tennis court would remain intact, recognizing that some trees would be lost. Public Works Director Ryan Ruzek replied that the curve in the trail around the tennis court would be softened. He stated that one corner of the court would be shaved off which would create a more standard tennis court. Councilor Paper commented that there is a sharp curve at the bottom of the hill in the north near Bluff Circle and asked if that would be changing. Public Works Director Ryan Ruzek replied that the City is limited by its trail easements. Councilor Paper asked if there would be room to make that a little wider, noting that vehicles and bicycles often go off the edge of the trail which creates a rut. Public Works Director Ryan Ruzek commented that it is something staff could look at, to widen the trail around that curve. Councilor Paper referenced the concrete pad outside of the pavilion and asked who would be putting tables on that surface and whether those would be City tables. Public Works Director Ryan Ruzek replied that it is a City pavilion and would be City tables. He confirmed that the County would be providing the concrete expansion. Councilor Paper commented that the cutoff of the tennis court looks natural. Mayor Levine asked if the culvert is being replaced where ice is currently going over the trail. Public Works Director Ryan Ruzek stated that he was not aware of the overtopping but noted that the new culverts are of a larger diameter and should help with that situation. Mayor Levine referenced the pavilion and stated that she is happy with the additional pad and tables. She asked if a grill could be out there and whether the pavilion could be painted. She stated that she would prefer for Dakota County to take over the pavilion and put one of their pavilions in. Page 10 of 41 February 4, 2025, Mendota Heights City Council Page 9 of 10 Public Works Director Ryan Ruzek replied that a grill could be installed by public works. He stated that the County has not expressed interest in taking over the pavilion as their structure. He stated that painting was not included in the 2025 budget but is on the list of needs. Councilor Mazzitello moved to approve RESOLUTION 2025-07 SUPPORTING THE RIVER TO RIVER GREENWAY IMPROVEMENTS, COUNTY PROJECT NO. 30002. Councilor Paper seconded the motion. Further discussion: Councilor Maczko commented that this is a fabulous improvement for the area, taking care of some of the grades and corners. He commented that this is a great amenity and something he is happy to see. Councilor Mazzitello stated that not only is this a great amenity, but it is also a great improvement from the first review 18 months ago. He thanked staff for their efforts and thanked the County for responding to the City’s concerns. Councilor Lorberbaum thanked the County for the partnership. Mayor Levine stated that this project has been in development for some time with multiple iterations. She stated that while this may look simple, it has taken a lot of work and input to get to this point. She thanked the members of the public who continued to show up at meetings to provide input. She commented on the benefits that would be provided as a result of this project. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Lorberbaum stated that February is Black History Month and shared a related quote. She also thanked Dakota County for their work on the River to River Greenway improvements and stated it w be a good project for the City. Councilor Maczko encouraged residents to stay warm, noting the possibility of snow in the forecast as well. He noted the passing of community member Jim Losleben, who served on the City Council from 1973 to 1984 and was a lifelong resident of Mendota Heights. Councilor Paper commented that they are one day closer to spring. Councilor Mazzitello commented that there was a long meeting two weeks ago and they neglected to wish Mayor Levine a happy birthday. He wished her a happy birthday. He also shared a quote in honor of Black History Month. Page 11 of 41 February 4, 2025, Mendota Heights City Council Page 10 of 10 Mayor Levine encouraged residents to participate in the activities for Frozen Fun Fest. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 8:36 p.m. ____________________________________ Stephanie B. Levine Mayor ATTEST: _______________________________ Nancy Bauer City Clerk Page 12 of 41 6.b REQUEST FOR CITY COUNCIL ACTION MEETING DATE: February 18, 2025 AGENDA ITEM: Approve Massage Therapist License Pending a Successful Background Check ITEM TYPE: Consent Item DEPARTMENT: Administration CONTACT: Nancy Bauer, City Clerk ACTION REQUEST: Approval of a Massage Therapist License Pending a Successful Background Check BACKGROUND: Courtni Gondreau has applied for a massage therapist license to work at Hush Therapeutic Massage. She has completed the massage therapist license application. The Mendota Heights Police Department is currently processing the background check on the applicant. The issuance of the license will be dependent on the successful completion of the background check. FISCAL AND RESOURCE IMPACT: N/A ATTACHMENTS: None CITY COUNCIL PRIORITY: Inclusive and Responsive Government Page 13 of 41 This page is intentionally left blank 6.c REQUEST FOR CITY COUNCIL ACTION MEETING DATE: February 18, 2025 AGENDA ITEM: Resolution 2025-11 Accepting Donation to the Mendota Heights Par 3 Community Golf Course ITEM TYPE: Consent Item DEPARTMENT: Parks and Recreation CONTACT: Meredith Lawrence, Parks and Recreation/Assistant Public Works Director ACTION REQUEST: Approve Resolution 2025-11 accepting a cash donation to the Mendota Heights Par 3 Community Golf Course. BACKGROUND: By state law, all donations to the City must be accepted by the City Council by means of a resolution. The City has received a $25 cash donation from Liberty Diversified International of New Hope, MN. Enclosed with the check was a note that read, "Happy Holidays!! Thank you for operating this amazing community resource." The City is grateful for the generosity of this anonymous donation. FISCAL AND RESOURCE IMPACT: None. ATTACHMENTS: 1.Resolution 2025-11 Accepting Donation to the Mendota Heights Par 3 Golf Course CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure, Economic Vitality & Community Vibrancy, Inclusive and Responsive Government Page 14 of 41 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2025-11 A RESOLUTION FORMALLY ACKNOWLEDGING A DONATION TO THE MENDOTA HEIGHTS PAR 3 COMMUNITY GOLF COURSE WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 465.03 “Gifts to Municipalities”; and WHEREAS, the Minnesota State Statute requires a resolution to accept gifts to municipalities; and WHEREAS, the City has previously acknowledged gifts with a resolution; and WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter and wish to acknowledge the civic mindedness and generosity of citizens and officially recognize their donations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mendota Heights is accepting a $25 cash donation from an anonymous individual. Adopted by the City Council of the City of Mendota Heights this 18th day of February, 2025. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor ATTEST: Nancy Bauer, City Clerk Page 15 of 41 6.d REQUEST FOR CITY COUNCIL ACTION MEETING DATE: February 18, 2025 AGENDA ITEM: Authorize Great River Greening Cooperative Agreement ITEM TYPE: Consent Item DEPARTMENT: Natural Resources CONTACT: Krista Spreiter, Natural Resources Coordinator ACTION REQUEST: Authorize staff to sign a Cooperative Agreement with Great River Greening. BACKGROUND: Council is asked to authorize staff to sign the Cooperative Agreement for the Valley Park Phase 2 Woodland Enhancement (identified as the Valley Park East Forest Enhancement in the city's Natural Resources Management Plan as a priority project). Woody invasive species removal as well as follow up treatments have been completed in the southern portion of the project. The next phase entails removal of woody invasive species in the northern portion, follow-up herbicide treatments of removals, as well as initial re-vegetation of the southern portion of the project. The total project area is five acres. This next phase may begin this winter, and would continue through June 30, 2026, as stated in the Cooperative Agreement. The project is funded in part by Clean Water Land and Legacy grant funding, which was obtained by Great River Greening. FISCAL AND RESOURCE IMPACT: The city is asked to contribute $5,000 towards the project as part of the agreement, which would be funded through the city's Natural Resources budget. The 2025 budget has allotted $12,252.00 for the project. ATTACHMENTS: 1.Great River Greening Landowner Cooperative Agreement CITY COUNCIL PRIORITY: Environmental Sustainability & Stewardship Page 16 of 41 Page 17 of 41 This page is intentionally left blank GREAT RIVER GREENING COOPERATIVE AGREEMENT THIS AGREEMENT, hereinafter referred to as “Agreement”, is m ade the 20th of February , 20 25, by and between the City of Mendota Heights , hereinafter referred to as the “City” and/or “Landowner” and GREAT RIVER GREENING, hereinafter referred to as the “GRG” and/or “Grantee”. RECITALS GRG is a non-profit 501 (c)(3) conservation organization based in St. Paul, Minnesota organized for the purpose of restoring natural areas and open spaces through community engagement; and Funding for this project was provided from the Outdoor Heritage Fund, as appropriated by the Minnesota State Legislature and recommended by the Lessard-Sams Outdoor Heritage Council (LSOHC). Under Minn. Stat. §84.026 the Department of Natural Resources is empowered to enter into grant agreements. The Grantee has received an appropriation under: The Minnesota Legislature, under Minn. Laws 2021, 1st Special Session, Chapter 104, Article 1, Section 2, Subd 5(b) Metro Big Rivers Phase XI, $684,000 is from the fund to the commissioner of natural resources for an agreement to acquire land in fee and permanent conservation easements and to restore and enhance natural systems associated with the Mississippi, Minnesota and St. Croix Rivers and their tributaries in the metropolitan area and as provided in Minnesota Statutes, section 84.026; and The Minnesota Legislature, under M.L. 2021, First Special Session, Chp. 6, Art. 6, Sec. 2, Subd. 08c, Pollinator Central II: Habitat Improvement With Community Monitoring, appropriated $631,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Great River Greening to restore and enhance pollinator habitat in the metropolitan area to benefit pollinators and people and to build knowledge of the impact through community-based monitoring. Expenditures are limited to the identified project corridor areas as defined in the work plan; and . GRG desires to contribute $33,800 towards the partnership project; and The City desires to contribute $5,000 towards the partnership project; and The City seeks to enter into an agreement with GRG for the purpose of detailing partnership contributions and the provision of Technical Services in support of the BIG113 Valley Park Phase 2 Woodland Enhancement with GRG contributing funds from the appropriation to the project(s), the City is subject to the terms as described in Exhibit A. NOW THEREFORE, in consideration of the mutual undertakings and agreement contained within this agreement, the LCity and GRG hereby agrees as follows: 1.Compensation and Terms of Paymenta.Compensation Total Project Costs: $38,800 GRG Contributions: $33,800 Landowner Contributions: $5,000 The Parties agree that GRG will complete or arrange for services to be completed under this Agreement. The cost of such services will be funded by joint contributions of the parties. The Landowner’s contributions under this agreement shall be paid to GRG, not to exceed $5,000. GRG shall assume fiscal responsibility for all services completed under this agreement, besides the Landowner’s cash match and/or in-kind contributions. GRG’s financial obligation, as set out above, shall be in accordance with the Outdoor Heritage Fund which is attached and incorporated herein as Exhibit A, and may be met through actual payment for services to a third party or calculation of the value, on an hourly basis, for “in-kind” services provided. Page 18 of 41 b.Terms of Payment For the City’s contribution, GRG shall submit invoices on an annual basis to the authorized agent of the Landowner for payment of the annual allocation, as shown in the table below. Payments shall be made within thirty (30) days after receipt of invoices by the authorized agent of the Landowner. June 2025 $2,500 June 2026 $2,500 2.Condition of Payment All services provided by GRG pursuant to this agreement shall be performed to the satisfaction of the City and its authorized agent, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. Payment shall be withheld for work found by the Landowner or its authorized agent to be unsatisfactory, or performed in violation of federal, state and local laws, ordinances, rules or regulations. 3.Scope of Services (Project Map can be found in Exhibit B )BIG113 Valley Park Phase 2 Woodland Enhancement (5 acres) Project Overview: GRG agrees to provide the following list of services for the project: •Project oversight by GRG Ecologists. •Draft, release, and award public RFB (Request for Bid) and specifications to hire qualified natural resources service providers to implement prescribed management activities. •Coordination of contracted work, including but not limited to: o Initial mechanical removal of 3 acres of buckthorn from the project area o Follow up herbicide treatment of initial removal area o Revegetation (seeding) of select areas of the project site where woody removal has already occurred (2 acre target) o Establishment maintenance of seeded areas. •Potential coordination and facilitation of public volunteer engagement and educational opportunities. •All required state grant administration, yearly auditing, biannual reporting, and required storage of grant related documents for 7 years after completion. The City agrees to provide the following list of services for the project: •Access to site by GRG or subcontractors. •Coordination and approval of Project activities consistent with the City plans, goals and policies. •Resident and park user notification and signage as appropriate for communication to the public. •In -kind Landowner or volunteer labor or assistance as agreed upon to facilitate tasks required for the completion of the project which otherwise would have been paid for by the grant. If in-kind is provided, the Landowner will submit a memorandum summarizing the value of services provided, no less than 30 days after completion. All plans, specifications and documents will be shared with the City for documentation of work and for building future staff knowledge. Contracted work plan(s) subject to change from above and will only go forward with prior authorization from the City. 4.Effective Date of Contract This agreement shall be effective on the date the agreement has been fully executed by all parties.. 5.Term of Contrac t This agreement shall remain in effect until June 30, 2026, or until all obligations set forth in this agreement have been satisfactorily fulfilled or unless earlier terminated as provided, whichever occurs first. Page 19 of 41 6.Notices The City shall appoint an authorized agent for the purpose of administration of this agreement. GRG is notified of the authorized agent of the City as follows: City of Mendota Heights Great River Greening Authorized Contact Authorized Contact Krista Spreiter David Schmitz Address Address 1101 Victoria Curve Mendota Heights, MN 55118 City, MN ZIP 251 Starkey Street, Suite 2200 St Paul, MN 55107 Phone Number Phone Number 651-255-1123 (612)242-3540 Email Address Email Address kspreiter@mendotaheightsmn.gov dschmitz@greatrivergreening.org 7.Partner and State Audit Pursuant to Minn. Stat. Section 16C.05, Subd. 5 (2007), the books, records, documents, and accounting procedures and practices of GRG relative to this agreement shall be subject to examination by the City and the State Auditor. Complete and accurate records of the work performed pursuant to this agreement shall be kept by GRG for a minimum of six (6) years following termination of this agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving the City regarding matters to which the records are relevant. The retention period shall be automatically extended until theadministrative or judicial action is finally completed or until the authorized agent of the City notifies GRG in writing that the records need no longer be kept. 8.Indemnity GRG agrees to defend, indemnify, and hold the City, its employees and officials harmless from any claims, demands, actions or causes of action, including reasonable attorney’s fees and expenses resulting directly or indirectly from any negligent act or omission on the part of the GRG, or its subcontractors, partners or independent contractors or any of their agents or employees, in the performance of or with relation to any of the work or services to be performed or furnished by the vendor or the subcontractors, partners or independent contractors or any of their agents or employees under the agreement. GRG shall be responsible for the professional quality, technical accuracy, and the coordination of all services furnished by GRG under this agreement. GRG shall, without additional compensation, correct or revise any errors or deficiencies in GRG's final reports and services. 9.Insurance GRG shall not commence work under this agreement until it has obtained, at its own cost and expense, all insurance required herein. All insurance coverage is subject to approval of the City and shall be maintained by GRG until final completion of the work. a.Workers' Compensation 1)State: Minnesota – Statutory 2)Employer's Liability with minimum limits of: Bodily Injury by Accident:$100,000 each Accident Bodily Injury by Disease:$100,000 each Employee Bodily Injury by Disease:$500,000 policy limit 3)Benefits required by union labor contracts: as applicable In the event GRG is a sole proprietor and has not elected to provide workers' compensation insurance, GRG shall be required to execute and submit an affidavit of sole proprietorship in a form satisfactory to the City before entering into the agreement. Page 20 of 41 b.Commercial General Liability Including Premises, Operations, Products, Completed Operations, Advertising, and Personal Injury Liability, with the following minimum limits of liability: $2,000,000 Aggregate $2,000,000 Products & Completed Operations Aggregate $1,000,000 Personal Injury & Advertising Injury $1,000,000 Occurrence $ 100,000 Fire Damage Limit $ 5,000 Medical Expense Policy should be written on an occurrence basis and include explosion, collapse and underground. c.C ommercial Auto Liability Automobile Liability should include Hired and Non-Owned, and the City should be named as an additional insured. Minimum limits of liability shall be: If split limits: $1,000,000 each person/$1,000,000 each occurrence for Bodily Injury $1,000,000 each occurrence for Property Damage If combined single limit: $1,000,000 per occurrence d.Proof of Insurance Insurance certificates evidencing that the above insurance is in force with companies acceptable to City and in the amounts required shall be submitted to City for examination and approval prior to the execution of the agreement, after which they shall be filed with City. The insurance certificate shall name the City as an additional insured and specifically provide that a certificate shall not be materially changed, canceled or non-renewed except upon sixty (60) days prior written notice to City. Neither City failure to require or insist upon certificates, nor other evidence of a variance from the specified coverage requirements, amends GRG’s responsibility to comply with the insurance specifications. 10.Subcontracts GRG shall ensure and require that any subcontractor agrees to and complies with all of the terms of this agreement. Any subcontractor of GRG used to perform any portion of this agreement shall report to and bill GRG directly. GRG shall be solely responsible for the breach, performance or nonperformance of any subcontractor. 11.Force Majeure City and GRG agree that GRG shall not be liable for any delay or inability to perform this agreement, directly or indirectly caused by, or resulting from, strikes, labor troubles, accidents, fire, flood, breakdowns, war, riot, civil commotion, lack of material, delays of transportation, acts of God or other cause beyond reasonable control of GRG and the City. 12.Data Practices GRG, its agents, employees and any subcontractors of GRG, in providing all services hereunder, agree to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rulespromulgated pursuant to Ch. 13. GRG understands that it must comply with these provisions as if it were a government entity. GRG agrees to indemnify and hold the City, its officers, department heads and employees harmless from any claims resulting from the GRG’s unlawful disclosure, failure to disclose or use of data protected under state and federal laws. 13.Termination This agreement may be terminated by either party, with or without cause upon 30 days written notice to GRG or the Authorized Agent of the City. 14.Independent Contractor It is agreed that nothing contained in this agreement is intended or should be construed as creating the relationship of a partnership, joint venture, or association with the City and GRG. GRG is an independent contractor, and it, its employees, agents, subcontractors, and representatives shall not be considered employees, agents or representatives of the City. Except as otherwise provided herein, GRG shall maintain, in all respects, its present Page 21 of 41 control over the means and personnel by which this agreement is performed. From any amounts due to GR, there shall be no deduction for federal income tax, FICA payments, state income tax, or for any other purposes which are associated with an employer/employee relationship unless otherwise required by law. Payment of federal income tax, FICA payments, state income tax, unemployment compensation taxes, and other payroll deductions and taxes are the sole responsibility of GRG. 15. Notices Any notices to be given under this agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same with the United States Postal Service, addressed to GRG at its address stated herein, and to the authorized agent of the City at the address stated herein. 16. Controlling Law The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this agreement, the legal relations between the parties and performance under the agreement. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the County or City, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this contract is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 17. Successors and Assigns The City and GRG, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this agreement. Neither the City nor GRG shall assign, sublet, or transfer any interest in this agreement without the prior written consent of the other. 18. Equal Employment and Americans with Disabilities In connection with the work under this agreement, GRG agrees to comply with the applicable provisions of state and federal equal employment opportunity and nondiscrimination statutes and regulations. Failure on the part of GRG to conduct its own employment practices in accordance with applicable laws may result in the withholding of all or part of regular payments by the City due under this agreement unless or until GRG complies with the Partner policy, and/or suspension or termination of this agreement. 19. Changes The parties agree that no change or modification to this agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this agreement. The execution of the change shall be authorized and signed in the same manner as for this agreement. 20. Severability In the event any provision of this agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the agreement to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 21. Entire Agreement It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the City and GRG relating to the subject matter hereof. Page 22 of 41 IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed intending to be bound thereby. C ITY OF MENDOTA HEIGHTS B Y: ___________________________ NAME: ___________________________ TITLE: ___________________________ DATE: ___________________________ GREAT RIVER GREENING: B Y: ___________________________ NAME: Kateri Routh TITLE: Executive Director DATE: ___________________________ Grant Manager Initials: TR 2/10/2025 Conservation Director Initials: TR 2/10/2025 Director of Finance Initials: GS 02/07/2025 Page 23 of 41 EXHIBIT A: State of Minnesota – 2021 Outdoor Heritage Fund Metro Big Rivers Phase 11 Grantee Landowner Great River Greening City of Mendota Heights Under Minn. Stat. §84.026 the Department of Natural Resources is empowered to enter into grant agreements. The Grantee has received an appropriation under: The Minnesota Legislature, under Minn. Laws 2021, 1st Special Session, Chapter 104, Article 1, Section 2, Subd 5(b) Metro Big Rivers Phase XI, $684,000 is from the fund to the commissioner of natural resources for an agreement to acquire land in fee and permanent conservation easements and to restore and enhance natural systems associated with the Mississippi, Minnesota and St. Croix Rivers and their tributaries in the metropolitan area and as provided in Minnesota Statutes, section 84.026; As a sub-recipient of this funding, the Landowner is subject to the terms below: COMPLIANCE The Landowner acknowledges that these funds are proceeds from the State of Minnesota Outdoor Heritage Fund, which is subject to certain legal restrictions and requirements, including Minnesota Statutes Chapter 116P. The Landowner is responsible for compliance with this and all other relevant state and federal laws and regulations in the fulfillment of the Project. LIABILITY The Landowner must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant agreement. ACCESS AND MONITORING The Landowner agrees to allow the Recipient and the State access at any time to conduct periodic site visits and inspections to ensure work progress in accordance with this grant agreement, including a final inspection upon program completion. At least one monitoring visit per grant period on all state grants of over $50,000 will be conducted and at least annual monitoring visits on grants of over $250,000. Following closure of the program, the State’s authorized representatives shall be allowed to conduct post-completion inspections of the site to ensure that the site is being properly operated and maintained and that no conversion of use has occurred. ACKNOWLEDGMENTS AND ENDORSEMENT Acknowledgment. The Landowner must acknowledge financial support from the Outdoor Heritage Fund in program publications, signage and other public communication and outreach related to work completed using the appropriation. Acknowledgment may occur, as appropriate, through use of the fund logo or inclusion of language attributing support from the fund. Funding provided from the Outdoor Heritage Fund as part of the Clean Water, Land, & Legacy Amendment. Endorsement. The Landowner must not claim that the State endorses its products or services. ECOLOGICAL AND RESTORATION PLAN For all restorations, the Grantee in coordination with the Landowner must prepare and retain an ecological restoration and management plan that, to the degree practicable, is consistent with current conservation science and ecological goals for the restoration site. Consideration should be given to soil, geology, topography, and other relevant factors that would provide the best chance for long-term success and durability of the restoration. The plan must include the proposed timetable for implementing the restoration, including, but not limited to, site preparation, establishment of diverse plant species, maintenance, and additional enhancement to establish the restoration; identify long-term maintenance and management needs of the restoration and how the maintenance, management, and enhancement will be financed; and use current conservation science to achieve the best restoration. Page 24 of 41 LONG TERM MANAGEMENT As a partner with Great River Greening, the Landowner commits to maintaining the investment put forward over time. LONG TERM RESTORATION The Landowner acknowledges the long term maintenance and enhancement needs of the restoration process to achieve restoration goals. The Landowner agrees to maintain restoration for a minimum of 10 years. The Recipient agrees to make reasonable good faith effort to significantly contribute to the successful maintenance of the project. If the Landowner(s) should fail to maintain the habitat restoration for 10 years, then the Landowner(s) agrees to reimburse the Minnesota Outdoor Heritage Fund for the pro-rated costs of all habitat restoration projects placed on the described land through this Agreement. PROTECTED LAND Landowner testifies that the restoration project is on land permanently protected by a conservation easement or public ownership or in public waters as defined in Minnesota Statutes, section 103G.005, subdivision 15; and will provide reasonable written documentation of such protection. RESTORATION AND ENHANCEMENT GUIDELINES Recipient and Landowner practices shall comply in every respect with: DNR Pollinator Best Management Practices and Habitat Restoration Guidelines (http://files.dnr.state.mn.us/natural_resources/npc/2014_draft_pollinator_bmp_guidelines.pdf); and Minnesota Board of Water & Soil Resources’ Native Vegetation Establishment and Enhancement Guidelines (https://bwsr.state.mn.us/sites/default/files/2019 -07/Updated%20guidelines%20Final%2007-01-19.pdf January 2019 version) MN-DNR Operational Order #113 Invasive Species (http://files.dnr.state.mn.us/assistance/grants/habitat/heritage/oporder_113.pdf ) MN-DNR Operational Order #59 Pesticide and Pest Control (http://files.dnr.state.mn.us/assistance/grants/habitat/heritage/oporder_59.pdf); MN-DNR Division of Fish and Wildlife Pest and Pest Control Guidelines (http://files.dnr.state.mn.us/assistance/grants/habitat/heritage/faw_pest.pdf); Page 25 of 41 EXHIBIT B: PROJECT MAP Figure 1: Purple polygon represents target for initial woody invasive removal. Red polygons denote target acres for seeding/planting. Green polygon shows extent of the phase 1 (BIG92) buckthorn removal area. Page 26 of 41 This page is intentionally left blank Page 27 of 416.e Page 28 of 41 Page 29 of 41 Page 30 of 41 Page 31 of 41 Page 32 of 41 Page 33 of 41 Page 34 of 41 Page 35 of 41 Page 36 of 41 Page 37 of 41 This page is intentionally left blank 7.a REQUEST FOR CITY COUNCIL ACTION MEETING DATE: February 18, 2025 AGENDA ITEM: Police Officer Oath of Office/Swearing In ITEM TYPE: Presentation DEPARTMENT: Police CONTACT: Kelly McCarthy, Police Chief ACTION REQUEST: Administer the Police Officer Oath of Office BACKGROUND: Officer Emmah Thompson started her law enforcement education at Alexandria Technical College. She was hired by Mendota Heights in July 2024 and completed her field training in mid-October. She is joined tonight by her family, including her mother Sara and stepfather Ryan, her father Nate, her brothers Kylan, Grayden, and Beckett, and boyfriend Jose. Her sister Madde will be pinning on her badge. Officer Maddy Spencer, originally from Antigo Wisconsin, graduated from the University of Wisconsin Eau Claire with a Bachelor of Artes in Criminal Justice. Officer Spencer was the department's first Police Cadet and started her field training in December 2024. With her tonight are her grandparents Dennis and Kruger, her parents James and Roxanne, her extended family Suzanne, Cheyanne, Christopher and Barret. Her grandfather Dennis will be pinning on her badge. Officer David Perrault may be a familiar face to some, as he also serves on the Mendota Heights Fire Department. Officer Perrault is a Veteran of the United States Navy where he served as an analyst. Officer Perrault did his undergraduate work at the University of Wisconsin Madison, and his graduate work at Hamline University where he earned a Master of Public Education. He was hired into the department's Cadet program in August of 2024 and started his field training program in January 2025. Officer Perrault is joined tonight by his wife, Kimberlee, his daughters Ada, Nora, and Emma, His mother Judy and aunt Steph. His wife will be pinning on his badge. FISCAL AND RESOURCE IMPACT: Page 38 of 41 None ATTACHMENTS: None CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure, Inclusive and Responsive Government Page 39 of 41 7.b REQUEST FOR CITY COUNCIL ACTION MEETING DATE: February 18, 2025 AGENDA ITEM: Mendota Heights Volunteer Program Annual Report ITEM TYPE: New and Unfinished Business DEPARTMENT: Administration CONTACT: Kelly Torkelson, Assistant City Administrator ACTION REQUEST: Informational Only. Staff will be reviewing the volunteer contributions to the Mendota Heights Volunteer Program and recognize the contributions made by volunteers to the City of Mendota Heights. BACKGROUND: The City’s Volunteer Program provides opportunities for the public to engage with, contribute to, and serve the residents of Mendota Heights. Volunteer opportunities are available to support Mendota Heights Parks and Recreation, Natural Resources, Police and Fire Departments. In addition to providing valuable support to staff, volunteers also gain an insight into the behind-the-scenes work that it takes to administer a range of city services. It is the hope of the city that in addition to providing valuable resources towards providing services, that the Mendota Heights Volunteer Program can also further connect community members to the work of the City. FISCAL AND RESOURCE IMPACT: N/A ATTACHMENTS: None CITY COUNCIL PRIORITY: Inclusive and Responsive Government, Premier Public Services & Infrastructure, Economic Vitality & Community Vibrancy, Environmental Sustainability & Stewardship Page 40 of 41 Page 41 of 41 This page is intentionally left blank