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2021-02-16 Council agenda packetCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA February 16, 2021 – 6:00 pm Mendota Heights City Hall MN Stat. 13D.021 - Meeting by telephone or other electronic means: Conditions - MN stat. 13D.021 provides that a meeting of a public body may be conducted via telephone or other electronic means if meeting in a public location is not practical or prudent because of a health pandemic or declared emergency. At its meeting on March 17, 2020, the Mendota Heights City Council declared a local emergency due to the COVID-19 pandemic. As a part of this action, until further notice all City Council and committee meetings will be held by telephone or through other electronic means, with social distancing measures in place. All public meetings will continue to follow the requirements of the Minnesota Open Meeting Law. Note that while all or most of the members of the City Council will be participating remotely, the Council Chambers will be o pen to the public during this meeting, assuming that social distancing protocols are followed. Interested individuals may access the meeting by using the meeting connection information below. With both the log-in or dial-in options, the line will be muted. Observers wishing to make comments on any of the agenda items will need to contact the City Clerk no later than 12 noon on the day of the meeting, and provide their contact information and the agenda item which they want to address. Note that any applicable long-distance telephone charges may apply. Public Attendance is available via telephone: 1-312-535-8110; Meeting Access Code: 177 629 0844 # # For viewing City Council meetings, tune in to Comcast Cable Channel 18 or view online at https://www.townsquare.tv/webstreaming during the posted meeting times. Meetings can also be viewed on demand, after the original airing, at https://www.townsquare.tv/webstreaming . 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Presentations a. Presentation -- McCarrons Water Plant Project – Saint Paul Regional Water Service 6. Consent Agenda a. Approve February 2, 2021 City Council Minutes b. Approve February 9, 2021 City Council Work Session Minutes c. Acknowledge the January 5, 2021 Parks and Recreation Commission Meeting Minutes d. Approve Resolution 2021-15 Final Payment, Accept Wesley Neighborhood Improvement Project e. Approve Resolution 2021-17 Accepting Work, Approving Final Payment for the Fire Hall Remodel/Expansion – Schwickert’s Tecta America f. Approve Purchase of Rescue Boat, Trailer, and Motor, and Approve Resolution 2021-19 Disposal of Surplus Property g. Approve Resolution 2021-18 Accept Donation of Grill From Lowe’s and In Turn Donate To Neighbors Inc. h. Accept Police Officer Resignation, Authorize Police Officer Recruitment Process i. Accept Airport Relations Commissioner Selection Process j. Acknowledge December, 2020 Par 3 Financial Report k. Approve the Building Activity Report l. Approval of Claims List 7. Citizen Comment Period (for items not on the agenda) *See guidelines below 8. Public Hearings - none 9. New and Unfinished Business a. Consideration of Ordinance 562 Placing a Moratorium on Critical Area Overlay District Development Activities and Permits - and authorizing summary publication b. Marie Park Playground Remodel Contract Award c. Resolution 2021-16 Renew Interim Use Permit For Off-Leash Dog Park, 1360 Acacia Blvd d. Discussion of 2021-22 City Goals and Priorities 10. Community Announcements 11. Council Comments 12. Adjourn Guidelines for Citizen Comment Period: “The Citizen Comments section of the agenda provides an opportunity for the public to address the Council on items which are not on the agenda. All are welcome to speak. Comments should be directed to the Mayor. Comments will be limited to 5 minutes per person and topic; presentations which are longer than five minutes will need to be scheduled with the City Clerk to appear on a future City Council agenda. Comments should not be repetitious. Citizen comments may not be used to air personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council members will not enter into a dialogue with citizens, nor will any decisions be made at that presentation. Questions from the Council will be for clarification only. Citizen comments will not be used as a time for problem solving or reacting to the comments made, but rather for hearing the citizen for information only. If appropriate, the Mayor may assign staff for follow up to the issues raised.” DATE: February 16, 2021 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Presentation of the McCarrons Water Treatment Plant Project by Saint Paul Regional Water Services COMMENT: INTRODUCTION The Council is asked to hear a presentation from Saint Paul Regional Water Services (SPRWS) regarding improvements to the McCarrons Water Treatment Plant. BACKGROUND Mendota Heights residents receive their drinking water from St. Paul Regional Water Services. The City entered into an agreement with SPRWS in 2016 transferring ownership of the water system. DISCUSSION Will Menkhaus from Saint Paul Regional Water Service will present on the proposed improvements and impacts to its customers. SPRWS will also highlight their outreach efforts. BUDGET IMPACT SPRWS bills Mendota Heights residents directly. The city of Mendota Heights is billed per invoice at $0.29 each. The city is in its final year of the phase-in period for transferring ownership to SPRWS. Due to deficient mains, Saint Paul Water has charged Mendota Heights residents 120 percent of the normal water rate for the first 3 years following the sale, 118 percent for the next 2 years, and 114 percent for the last (current) year. The 118 percent rate expired on 12/27/2020. Mendota Heights is currently in the final year of the higher rates (114%) which will expire on 12/27/2021 which will then allow water rates to be the same as the standard Saint Paul Water rate. In addition, Mendota Heights charges a 5% surcharge for costs to the water system such as hydrant relocations, valve adjustments, hydrant markers and painting, etc. This improvement project is expected to include a rate increase, which will be described by the SPRWA representative at the February 16th meeting. ACTION REQUIRED For informational purposes. McCarrons Treatment Plant Project Suburban Customers Presentation Feb. and Mar. 2021 McCarron’s Water Treatment Plant •Construction started in mid-1910s •Backbone of the facility built by 1925 •Additions in the late 1930s and 1950s •Much of the infrastructure is nearing 100 years in age •Facility still produces excellent water quality Why Now? •Proactive approach to infrastructure •Improve reliability •Improve capacity to handle contaminants of emerging concern •Reduce footprint and improve future flexibility •Current interest rates Preliminary Project Scope •Replace approx. 2/3 of treatment process •Reduce site footprint –improve future flexibility •Add new, equivalent technology plus ozone Public Relations Water Quality improvements Taste changes unlikely to be very noticeable General Public –mailers, website, possible media coverage Businesses that depend on water quality – more extensive coordination Effect on future water rates Financial Impacts •Overall, rates are expected to increase approximately 25% over the duration of the project •Costs remain less than a penny per gallon of water •Rates remain below average nationally when compared to similarly sized drinking water providers •Proactive approach and interest rates help ensure that customers are getting good value for their money. Average SPRWS Customer (4,200 gal./month) Year Avg. Monthly Bill 2021 $26.09 2022 $28.43 2023 $30.99 2024 $32.70 Note: These values are projections. Actual rate increases will depend on water consumption patterns. Also, these projections are conservative as they assume that fees will increase at the same rate as per unit charges. Comparison: Bottled Water from Aldi 3.17 Gallons at $3.29 Price Per Gallon = $1.04 Bottled water is 135 times more expensive than projected 2024 rates Performance Guaranteed •Pilot Testing Process •Design-Build: Performance Guarantees from Jacobs Engineering •“Flip-the-Switch” Approach Questions? CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 2, 2021 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 6:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 6:00 p.m. Councilors Duggan, Paper, Mazzitello, and Miller, were also present via WebEx. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Miller moved adoption of the agenda. Councilor Duggan seconded the motion. A roll call vote was performed: Councilor Paper aye Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye Mayor Levine aye RECOGNITION OF OUTGOING COMMISSION MEMBERS Mayor Levine recognized Pat Hinderscheid for his service on the Parks and Recreation Commission and Mary Magnuson for her service on the Planning Commission. She noted that both members have served three full terms for each of the Commissions. Pat Hinderscheid commented that it has been a rewarding experience and he was fortunate to work with talented members of the community to bring about positive changes. Mary Magnuson commented that the ten years went by quickly and were rewarding. She stated that she has enjoyed getting to know city staff and members of the community during that time. CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Paper moved approval of the consent calendar as presented. a. Approval of January 19, 2021 City Council Minutes b. Approval of January 27, 2021 Council Work Session Minutes c. Approval of January 27, 2021 Council Special Meeting Minutes d. Approve Transfer of Fire Station Construction Management Responsibilities to CPMI, LLC e. Authorize Purchase Orders for the Control of Invasive Plant Species and Restoration within Valley Park, Rogers Lake Park, and Copperfield Ponds Park f. Approve Final Payment for Pilot Knob Road Improvements with Dakota County g. Approve an Extension of a Leave of Absence without Pay for Anthony Patton h. Approve Fire Synopsis Report i. Approval of December 2020 Treasurer’s Report j. Approval of Claims List Councilor Duggan seconded the motion. A roll call vote was performed: Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye Mayor Levine aye Councilor Paper aye PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARINGS No items scheduled. NEW AND UNFINISHED BUSINESS A) DISCUSSION OF PHASE 1, NATURAL RESOURCES MANAGEMENT PLAN – AWARD PROFESSIONAL SERVICES CONTRACT TO APPLIED ECOLOGICAL SERVICES FOR THE COMPLETION OF THE NATURAL RESOURCES MANAGEMENT PLAN, PHASE 2 Natural Resources Technician Krista Spreiter explained that the Council was being asked to hear a report on Phase 1 of the Natural Resources Plan and accept a proposal submitted by Applied Ecological Services (AES) to begin the development of Phase 2 of the update to the Natural Resources Management Plan (NRMP). Kim Chapman, AES, reviewed the outline which was included in the original proposal, noting that a portion of these items have been addressed through Phase 1. He displayed the budget items included in the original proposal, which had been split into two phases as previously directed by the Council and split between 2020 and 2021. He provided an overview of the topics that were included in Phase 1 and those that will be included in the proposed Phase 2. He reviewed the City’s Comprehensive Plan goals related to natural areas and noted that the NRMP will help to address those goals in a comprehensive manner with an understanding of the budget implications. He provided a summary of the review that was done of the City’s Natural Resources and the findings. He identified the current priority natural areas within the City and reviewed the updated land cover mapping that was completed in 2020 by AES. He explained how ecological quality ranks are assigned and noted that about one third of the natural areas within the City could increase by one grade by completing one management activity. He provided details on the tree canopy analysis, the related findings, and how the data can be used as well as challenges, opportunities and strategies included in Phase 2. He moved to the Conservation Concept and stated that those 11 areas were then reviewed and ranked. He provided details on grant opportunities and identified the areas in which they will be submitting a grant proposal for. He then reviewed the next steps with the Council. Councilor Miller thanked Mr. Chapman and his staff for drafting this information. He referenced the tree canopy analysis that was completed and asked how accurate that technology is. Mr. Chapman replied that it would vary with the amount of information input into the reference and selection. He stated that they worked within the confines of the budget. He commented that while the sample size was not as large as he would prefer, he still estimated 80 to 90 percent accuracy for the common species range. Councilor Duggan commented that there was a previous inventory of water bodies, which was estimated at 150 acres. He was unsure that water bodies were included in the first phase but would hope that water bodies would be included in the future. Mr. Chapman replied that AES was not charged with evaluating water bodies within the proposal. He commented that water resource evaluation and plan development is an expensive undertaking. He stated that there are steps that can be taken towards that work which would begin with a Water Management Plan, noting that there are grant dollars available for that work. He commented that plan would be on a high level and would allow the City to focus in depth on certain tasks. Natural Resources Technician Krista Spreiter commented that the City does have a Local Surface Water Management Plan which is required to be updated every four years. Councilor Paper thanked Mr. Chapman for the report. He stated that he met with State Representative Hanson four years ago and was told that the City needed this information. He appreciated that the City now has this information as a base. He commented that the technology available to survey the tree canopy is amazing. He referenced the comment that was made that you would want to see three or four layers in a forest/canopy and asked for more clarification on what a layer would be. Mr. Chapman replied that a forest has trees up high which is the canopy layer, then has herbs and seedlings which make up the ground layer. Typical forests have two additional layers between the canopy and ground levels and provided additional details on the composition of the shrubs and sub canopy levels. Councilor Paper asked if a controlled burn for Valley Park would be a viable option. Mr. Chapman replied that he does believe that would be a viable option. He believed that it would be a viable option to begin to control buckthorn, noting that the ultimate goal would be to have the natural ground layer succeed in competing against buckthorn. Councilor Paper thanked Natural Resources Technician Krista Spreiter for her work on this. Councilor Mazzitello thanked Mr. Chapman for this work, and said that it was not easily undertaken. He stated that the Council is being asked to approve a proposal and authorize AES to develop Phase 2. He asked if that would include approval of Phase 1. Natural Resources Technician Krista Spreiter commented that she did not believe that was part of the action tonight. Public Works Director Ryan Ruzek agreed that this action would not include approval of Phase 1 in its final form, noting that some of the Phase 1 tasks are still underway. He stated that completion of Phase 1 and Phase 2 would develop the full Natural Resources Management Plan, which would then come forward in the future for formal consideration and adoption. Councilor Mazzitello stated that the staff memorandum includes seven tasks for Phase 2 while the proposal identifies eight and asked for clarification. Natural Resources Technician Krista Spreiter commented that additional field work will be needed for Phase 2, therefore the City would pay for the field work done in Phase 1 and then will consider the field work for Phase 2 separately. Councilor Duggan commented that this is the first time in his recollection that the Council is being presented with a product that was developed by qualified consultants. He stated that he is pleased to see an expert providing recommendations on what the City should proceed on in the next three to five years. Mayor Levine opened the floor to receive comment from the public. Beth Pearlman, resident, commented that she is impressed by the report and the work that has been done. She thanked members of the Council that enabled this work to occur. She stated that it sounds like one of the biggest obstacles is staffing, not in the quality but that there is not enough. She suggested that a Natural Resources Commission be created as there are interested citizens in Mendota Heights that would be willing and happy to serve in that capacity. She commented that she believed that the Commission would be a way to assist staff in carrying forward the implementation actions from the final report. Mayor Levine referenced the proximity of the Xcel natural gas line near the area being discussed for a controlled burn but noted that she would leave those details to the experts. She thanked everyone involved in this process, which has been a long time coming. She referenced the Steering Committee and recognized the members that volunteered their time. She recognized the amazing depth of knowledge that members of the community hold and that are willing to donate their time to benefit the City. She referenced Phase 2 and the proposed deliverables and asked if revising three to five ordinances as mentioned in the report would be accurate to address the intentions of the plan. Councilor Mazzitello commented that it would be dependent upon how one writes the ordinance. A large ordinance could address multiple issues or multiple ordinances could be drafted addressing each item. Natural Resources Technician Krista Spreiter agreed and believed that three to five would be a good start. Mr. Chapman stated that they did a quick review of the City’s ordinances to determine a logical start. He stated that the tree ordinance would be an obvious start along with the weed and development ordinances. Mayor Levine stated that there is so little new development in the City and would perhaps the better opportunity would be redevelopment opportunities. She stated that she is excited about the work. Councilor Duggan moved to authorize THE PUBLIC WORKS DIRECTOR TO ISSUE A “NOT TO EXCEED” PURCHASE ORDER IN THE AMOUNT OF $54,161 TO APPLIED ECOLOGICAL SERVICES, FOR PHASE 2 OF THE NATURAL RESOURCES MANAGEMENT PLAN. Councilor Mazzitello seconded the motion. A roll call vote was performed: Councilor Mazzitello aye Councilor Miller aye Mayor Levine aye Councilor Paper aye Councilor Duggan aye B) RESOLUTION 2021-13 APPOINTMENTS TO THE PLANNING COMMISSION AND PARKS AND RECREATION COMMISSION City Administrator Mark McNeill explained that the Council is being asked to make appointments for vacancies on the Planning Commission and the Parks and Recreation Commission. Councilor Duggan moved to adopt RESOLUTION 2021-13 APPOINTING RESIDENT JAFFREY BLANKS TO THE PARKS AND RECREATION COMMISSION, AND RESIDENTS CINDY JOHNSON AND SALLY LORBERBAUM TO THE PLANNING COMMISSION. Councilor Miller seconded the motion. Further discussion: Councilor Paper thanked everyone who applied. He encouraged interested individuals to continue to apply. Mayor Levine stated that the City is fortunate that it has a willing and talented population that continues to step up to serve their community. She stated that this action creates a vacancy on the Airport Relations Commission, with the appointment of Sally Lorberbaum to the Planning Commission. She encouraged those who are interested in serving on the ARC to apply. A roll call vote was performed: Councilor Miller aye Mayor Levine aye Councilor Paper aye Councilor Duggan aye Councilor Mazzitello aye Mayor Levine welcomed the new members of the Planning Commission and Park and Recreation Commission. C) SET DATE FOR JOINT TRAINING MEETING FOR COMMISSIONERS AND CITY COUNCIL City Administrator Mark McNeill stated that the Council is asked to set a date to hold a meeting to train and orient members of the Council and the City’s Commissions. Councilor Paper suggested that the Council not choose the date that interferes with the Skate Park Work Group, as that group has worked hard to find a date that works for them. He suggested Wednesday, February 24th. It was the consensus of the Council to hold the training on February 24th, starting at 7:00 p.m. D) ORDINANCE 562 PLACING A MORATORIUM FOR DEVELOPMENT OF PROPERTIES IN THE CRITICAL AREA OVERLAY DISTRICT AND APPROVE THE SUMMARY PUBLICATION Community Development Director Tim Benetti provided a brief background on this item. The Council is being asked to consider placing a moratorium on the development of properties in the Critical Area Overlay District. He noted that if desired, staff could notice this as a public hearing and bring it back for consideration at the February 16th meeting of the Council. Councilor Paper commented that this came forward several months ago noting that he was not comfortable at that time as there were three open applications. He stated that there are currently no open applications, which makes him feel more comfortable but noted that he would still prefer to continue this to the next meeting to ensure members of the public are notified and the process is transparent and open. Councilor Miller noted that it is a fair point that the community should be provided notification before a decision is made by the Council. He stated that he brought this forward to City staff as he believed this was the right time. He stated that he would support pushing this to the next Council meeting to allow an additional notice to the public. Councilor Mazzitello noted that in addition to providing notice, he would also like additional time to review what would and would not be included in the moratorium. He stated that his concern would be related to activities such as residing, installation of a fence, or other minor activities and whether those could continue to be approved outside of the moratorium. City Administrator Mark McNeill confirmed that staff could provide additional clarification between minor and major activities at the next meeting. Councilor Duggan agreed that this should be continued to the next meeting. He referenced the use of the word irreversible within the draft language and stated that he would not want to see that word used in the ordinance. City Administrator Mark McNeill confirmed that that word could be removed without impacting the intent of the language. Councilor Miller moved to CONSIDER ORDINANCE 562 PLACING A MORATORIUM FOR DEVELOPMENT OF PROPERTIES IN THE CRITICAL AREA OVERLAY DISTRICT AT THE FEBRUARY 16, 2021 COUNCIL MEETING. Councilor Paper seconded the motion. A roll call vote was performed: Mayor Levine aye Councilor Paper aye Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced an upcoming hockey camp that will be held on Presidents Day. He noted that ice rinks are open but will close on days the temperature is below zero. He advised that updates can be found on the City hotline. He noted that City Hall will be closed on Presidents Day. COUNCIL COMMENTS Councilor Duggan had no additional comments. Councilor Miller thanked outgoing Commissioners Magnuson and Hinderscheid for their service. He also thanked the Natural Resources Steering Committee for their efforts. Councilor Mazzitello thanked outgoing Commissioners Magnuson and Hinderscheid for their years of service. He stated that, as a former member of the Planning Commission, he appreciated the outlook and experience that Mary Magnuson brought to the Commission. He stated that he would support looking at all the City assets in a long-term range in order to continually assess the condition and develop a plan of how those assets can be managed over time. He stated that he is excited to dive into the goal setting session next week to continue that work. Councilor Paper thanked the outgoing Commissioners noting that he enjoyed working with Pat Hinderscheid on the Parks and Recreation Commission. He commented on the control and precision in which Mary Magnuson ran the Planning Commission meetings. He thanked everyone that applied to serve on the Commissions, acknowledging how difficult it is to make the appointments because of all of the qualified individuals that apply. He encouraged residents to continue to apply for vacant positions and continue to volunteer to serve the community. He stated that he is happy that the work on the Natural Resources Management Plan is coming to fruition and will continue to open additional opportunities for the City. Mayor Levine thanked neighbors around the City that continue to clear the fire hydrants, which allows the Fire Department to be efficient with its time when incidents occur. She welcomed the youngest learners back to public school as some students have returned to in person learning. She stated that with decreased case numbers, older learners may be able to return to in person learning later this month. She encouraged the community to continue to practice social distancing in order to allow for those students to continue learning in person. She stated that a group of seniors have created a new form of pickleball at Marie Court which was featured on a recent television newscast. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. A roll call vote was performed: Councilor Paper aye Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye Mayor Levine aye Mayor Levine adjourned the meeting at 7:38 p.m. ____________________________________ Stephanie Levine Mayor ATTEST: _______________________________ Lorri Smith City Clerk CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Council Work Session Tuesday, February 9, 2021 Pursuant to due call and notice thereof, a work session of the Mendota Heights City Council was held virtually via WebEx. CALL TO ORDER Mayor Levine called the meeting to order at 3:15 p.m. Councilmembers Duggan, Mazzitello, Miller, Paper were also present. Staff in attendance included City Administrator Mark McNeill, Assistant City Administrator Cheryl Jacobson, Finance Director Kristen Schabacker, Public Works Director Ryan Ruzek, Community Development Director Tim Benetti, Police Chief Kelly McCarthy, Recreation Coordinator Meredith Lawrence, and City Clerk Lorri Smith. GOAL SETTING SESSION Facilitator Mark Nagel directed a goal setting session with the Council and staff. City Administrator Mark McNeill reviewed the goals and status thereof which were identified in 2019 and 2020. Remaining Goals Identified in 2020 1. Resolve Bourn property development 2. Establish a Natural Resources Advisory Group 3. Identify and Implement Surface Water Management Plan 4. Construct dugouts at Mendakota Park 5.Update City’s trail system--better mapping, signage, mile markers, emergency call boxes 6.Local and regional planning to prepare for future traffic volumes, bicycle and pedestrian movement on Dodd and Delaware 7. Identify and prepare for traffic impacts on Dodd caused by Viking Lakes development 8.Negotiate a joint commercial plan and marketing for The Village and Mendota Plaza Remaining Goals Identified in 2019 1. Consider implementation of a hotel lodging tax for business development 2. Address lack of cell coverage in the City of Mendota Heights 3.Reimagine park space to maximize usage. 4.Create additional athletic fields 5. Explore establishment of a regional sporting venue—include green space 6. Join GreenStep Cities and consider first requirements to achieve status The Council members then each submitted 5 new goals that they thought were important for the City accomplish over the next two years. The goals were grouped into categories. Community Gatherings ~ Support local businesses by holding socialization events, give regular updates on COVID vaccine, establish a weekly farmers market, establish a community garden space, establish summer and fall programs including arts, music, dance, to bring community together, establish a winter festival ~Reimagine citizens’ police or civic academy Parks ~ Move forward with a parks referendum, install lights at Civic Center park, install lights and dugouts at Mendakota Park ~ Evaluate currently mowed park areas and unused public spaces for suitability as more pollinator friendly areas ~ Determine a use for the vacant Bourne property Zoning/Natural Resources/Comp Plan ~ Revise Zoning Code ordinances to create/reflect clear and understandable rules capable of meeting projected growth and market demands, revise Critical Area Ordinance to DNR standards ~ Retain and secure the special character of Mendota Heights ~ Improve/strengthen the tree policy to preserve existing trees, new tree planting policy ~ Continue to work towards a brine system at public works for snow and ice control ~ Reduce the number of licensed trash haulers in the city for environmental purposes ~ Address infrastructure needs, including parks, trails, facilities, natural resources and provide resources for execution ~ Commit to property maintenance & code enforcement activities, report to Council quarterly, and establish the concept of a preservation phase of the city’s older neighborhoods City Hall ~ Implement space study for police department/city hall, squad cars parked indoors ~ Ambassador program with area cities, better communication between area cities ~ Exercise the Emergency Operations Plan, and utilize the EOC, quarterly or annually, active shooter training for all staff/council ~ Determine the morale of City employees The Council members will rank their top ten goals from this list. This will be placed on an upcoming City Council meeting agenda for additional discussion, and to finalize the goals for this year. ADJOURN Mayor Levine adjourned the meeting at 5:20 p.m. ____________________________________ ATTEST: Stephanie Levine, Mayor _______________________________ Lorri Smith, City Clerk CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING JANUARY 5, 2021 The January meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, January 5, 2021, at Mendota Heights City Hall, 1101 Victoria Curve. 1.Call to Order – Chair Steve Goldade called the meeting to order at 6:30 p.m. 2. Roll Call – The following Commissioners were present: Chair Steve Goldade, Commissioners: Patrick Cotter, Pat Hinderscheid (arrived at 6:44pm), Bob Klepperich, Stephanie Meyer, Dan Sherer and Amy Smith; absent: none. Staff present: Recreation Program Coordinator, Meredith Lawrence, Assistant City Administrator, Cheryl Jacobson, Public Works Director, Ryan Ruzek, Natural Resource Technician, Krista Spreiter. 3.Pledge of Allegiance The Pledge of Allegiance was recited. 4.Approval of Agenda Motion Cotter/second Klepperich, to approve the agenda A roll call vote was performed: Commissioner Smith aye Commissioner Hinderscheid absent Commissioner Cotter aye Commissioner Sherer aye Commissioner Meyer aye Commissioner Klepperich aye Chair Goldade aye Motion carried. 5.a Approval of Minutes from December 8, 2020 Regular Meeting Motion Klepperich/second Cotter to approve the minutes of the December 8, 2020 Parks and Recreation Commission Regular Meeting. A roll call vote was performed: Commissioner Sherer aye Commissioner Meyer aye Commissioner Klepperich aye Chair Goldade aye Commissioner Smith aye Commissioner Cotter aye Commissioner Hinderscheid absent Motion carried. 6. Citizen Comment Period (for items not on the agenda) Chair Goldade read aloud an email received from a former Commission member who suggested cost effective options that could be added for winter amenities, such as shoveling a rink on Rogers Lake. 7. Acknowledgement of Reports Chair Goldade read the titles of the three updates (Par 3, Recreation, Park Improvement, and Natural Resources Updates) and polled the Commissioners for questions. 7.a Par 3 Update Recreation Program Coordinator, Meredith Lawrence, stated that an update was provided but the financial report was not available prior to tonight’s meeting. She stated that they have begun planning for the 2021 season. 7.b Recreation Update Ms. Lawrence reported that skating rinks are open for the season but warming houses have not been opened per the Governor’s most recent Executive Order. She stated that the lights for the rinks are set on timers and encouraged residents to call City staff if the lights are not operating correctly. She stated that the Governor is set to provide an update the following day and if things change, the City will continue to pivot to follow those guidelines. She stated that the Quarantine Cup is still underway and encouraged residents to continue to look for Facebook posts from the City. She stated that she has begun to plan for the summer of 2021, acknowledging that there are a lot of “what ifs” with COVID-19. Chair Goldade thanked the staff members who are working to flood the ice rinks. 7.c Parks Improvement Update Ms. Lawrence noted that the update was included in the packet and included information on the Marie Park RFP process. She stated that this project is one that staff would like to continue moving forward for 2021. She noted that there are nine proposals, and she would like the Playground Subcommittee, along with staff, to review those proposals in order to narrow it down to three. She stated that those three proposals would then be presented for public input. She stated that she will contact the members of the subcommittee to schedule that meeting. She recognized that Commissioner Hinderscheid will leave the Commission at the end of January, but she would like him to continue to be involved on the Subcommittee because of his experience with this process. 6:44pm- Commissioner Hinderscheid was able to connect to the meeting with audio after having technical difficulties. Commissioner Sherer asked if the funding for the Wentworth improvements is still held up related to funding and the use of park dedication fees. Ms. Lawrence confirmed that she met with the Finance Director and City staff leadership and will continue to review those projects. She stated that the Council will soon meet for a goal setting session at which time they will discuss funding. She stated that after receiving this input she will bring an update back to the Commission. She confirmed that the Wentworth project is at the top of the priority list because of the funds available through the DNR grant. Chair Goldade stated that the funding is an issue for Wentworth along with the increased cost of the anticipated structure due to increased material costs. He asked for an estimated timeline for Marie Park. Ms. Lawrence stated that part of the RFP was a 90-day window for a vendor to be selected, so the timeline will need to move quickly. She stated that she anticipates bringing this forward to the Council and Commission in February. Chair Goldade asked that the Commission be alerted to the date of the community meeting. Ms. Lawrence confirmed that the public meeting would be well publicized to the public and she would include the Commission. Commissioner Hinderscheid asked if there would be concerns related to Marie Park and it’s financing. Ms. Lawrence stated that staff believes there would be adequate funding to complete the project in 2021 but noted that it would need to be approved by the City Council. Commissioner Hinderscheid asked if there are any grant possibilities for that project. Ms. Lawrence noted that it would be difficult to apply for a grant within the 90-day window. She stated that she is comfortable with the prices received through the RFP. Commissioner Cotter stated that perhaps there be a priority for the Commission to learn more about its role in attempting to find other sources of revenue for parks at one of the upcoming meetings. He commented that the change in how funds can be allocated does not just impact the Wentworth project, but many projects moving forward. 8. New Business 8.a Valley Park Eagle Scout Service Project Presentation Chair Goldade thanked Wyatt Cook for his contribution to the parks. Wyatt Cook, local student, stated that part of being an Eagle Scout is giving back and provided different examples that his group participates in. He stated that he created this project, which took a little over one year to develop, plan and complete. He stated that the process began in November 2019 with discussions on potential projects and then was focused more on February towards a potential project in Valley Park. He stated that planning took place in July and August. He stated that on September 12th he met with Natural Resources Technician Spreiter to mark out areas and complete a demo tree together. He stated that he coordinated with his group to then dig the holes and plant the trees in Valley Park. He reviewed before and after pictures of the project. Chair Goldade congratulated Mr. Cook on earning his Eagle Cook badge. Commissioner Cotter thanked Mr. Cook for his efforts, noting that this is a good educational opportunity. He asked the number of trees planted. Mr. Cook replied that they planted nine trees. Commissioner Hinderscheid also thanked Mr. Cook. He asked how the trees were acquired. Mr. Cook replied that the trees and supplies were donated by the City. Chair Goldade asked if there is signage acknowledging Mr. Cook’s work and his group’s work. Mr. Cook replied that there was not signage. Chair Goldade stated that perhaps staff could develop signage as that is a nice way to remind residents and other groups that the City is interested in partnering in these opportunities. Natural Resources Technician Krista Spreiter thanked Mr. Cook. She stated that you never know how these projects will go but it was amazing to work with him and he did a great job. She stated that staff has discussed signage and noted that she will follow up with Mr. Cook. 7. Acknowledgement of Reports (Continued) 7.d Natural Resources Update Natural Resources Technician Krista Spreiter reviewed the natural resources update and highlighted ongoing and upcoming projects and programs. She provided an update on Emerald Ash Borer, noting that most ash trees in the City have been infected and the City will continue to remove diseased trees. She stated that the first phase of the Natural Resources Management Plan has been completed and a presentation will be provided to the Council at its February 2nd meeting. She reviewed upcoming events including the resident tree sale and the rain barrel and compost bin sale. Chair Goldade thanked Ms. Spreiter for her update and for the work she and her team complete. Commissioner Hinderscheid asked if there is something done following buckthorn removal to prevent it from growing back. Ms. Spreiter confirmed that they treat the area after cutting to prevent it from resprouting. Commissioner Hinderscheid stated that he heard there were about 10,000 ash trees in Mendota Heights and asked if that is correct. Ms. Spreiter replied that the number is closer to 13,000 and noted that there are about 1,300 municipal/public ash trees. She commented that it is a lot to manage. She noted that not all the trees are near roads and would not necessarily need to be removed at this point. Commissioner Hinderscheid commented that he would imagine that it would be difficult to lose that canopy, environmentally. Ms. Spreiter confirmed that the loss will be noticeable and could be similar to the removal of the Dutch Elm trees that were removed in the past. Commissioner Cotter thanked Ms. Spreiter for her presentation. He asked the likely timeline for the removal of the ash trees. Ms. Spreiter stated that the process typically ramps up in year four, which is where the City is. She commented that the loss will be significant and noticeable in the next three to four years. Commissioner Cotter asked what would be likely to grow in the place of ash trees. He commented that it would not be likely that the City would be able to plant 10,000 trees. Ms. Spreiter commented that they will encourage residents to plant trees, especially if they are losing trees on their private property. She stated that something will take the place of the trees within the natural areas and open space. She stated that some deliberate planting could occur in attempt to avoid invasive species. She stated that there is also an importance in planting diverse species to avoid a similar situation where too many of one type of tree are planted and a disease comes along that takes out that population. She stated that she does have a DNR- suggested replacement list that could be shared. Commissioner Hinderscheid asked if the treatment for EAB is a viable way to treat the tree and avoid further damage. Ms. Spreiter commented that treatment is good for mitigation but is more of a delay in order to allow people to save funds to remove the tree and replace it. She confirmed that the program is still available to residents. Chair Goldade asked if it would be possible to have someone from Great River Greening come to make a presentation. He stated that perhaps a Valley Park work group could be formed as a collaboration between this Commission and the Natural Resources Group. He asked if there could be a connection formalized between the Pilot Knob Task Force and the Commission/ School District. He commented that he would be happy to help form those connections. He commented that this amenity is a wonderful asset to both the community and the schools. Ms. Spreiter commented that those are great suggestions and agreed that the more connections the better. Motion Hinderscheid/second Klepperich to acknowledge the staff reports. A roll call vote was performed: Commissioner Cotter aye Commissioner Smith aye Commissioner Klepperich aye Chair Goldade aye Commissioner Hinderscheid aye Commissioner Sherer aye Commissioner Meyer aye Motion carried. 8. New Business (Continued) 8.b Par 3 Vision Discussion Recreation Program Coordinator Meredith Lawrence stated at the December meeting it was requested to continue this discussion on to the January agenda. She stated that she plans to bring forward the recommendations for the logo to the Council at its January meeting. She noted that once approved, the logo will be carried on to the Par 3 to refresh the brand. She welcomed any additional suggestions from the Commission. Chair Goldade welcomed any ideas from the Commission for the 2021 season of the Par 3. Commissioner Klepperich commented that there was a record year in 2020, even with COVID- 19 and the procedures that had to be in place. He believed that the influence of COVID-19 will continue into the 2021 season and therefore careful planning will need to continue. He stated that the rate structure is right, and the course is in wonderful condition. He stated that new equipment continues to be added and believes that the course is on the right path for success. Commissioner Hinderscheid stated that when he types in the Par 3 course, it brings him to the City website. Ms. Lawrence confirmed that the Par 3 does not have its own website and is instead part of the City website. She stated that most municipal golf courses do not have their own website and are part of the City website because it is managed by City staff. She agreed that the page for the Par 3 course could be updated. Commissioner Hinderscheid confirmed that he would support updating the Par 3 page on the City website. Commissioner Cotter stated that once the rebranding is completed, perhaps a proposed update for the Par 3 page could be brought forward to the Commission for review. Commissioner Smith stated that perhaps there could be a kickoff weekend with a scramble, noting that perhaps the season could end with a scramble as well. She asked commented on the yardage and placement of the tee boxes. Chair Goldade asked if there is a family special offered; a time of the week when families receive a special rate. Ms. Lawrence replied that they do not currently offer that. She stated that staff is looking into opportunities to engage families. She stated that currently they utilize the punch card, as that provides a reduced rate. She stated that the biggest problem was that they were so busy in 2020 that they could not always accommodate the crew that wanted to come out. She stated that they have done a kickoff event in the past, which has been packed. She stated that in 2020, once the Governor announced that golf courses could be open, it was difficult to find a tee time because the courses were packed. Chair Goldade suggested that perhaps on Sundays after 3 p.m. a child plays free with a paid adult. He stated that he received an idea to increase the number of electric carts from a resident. Commissioner Hinderscheid asked if the sign on Dodd Road would be replaced with the new logo. Ms. Lawrence stated that she plans to have a new sign on Dodd. She stated that she will not be replacing the tee markers as those do not have the logo and are in good shape. Commissioner Hinderscheid stated that perhaps solar lighting could be used for the sign, as that would catch the eye of passersby. 8.c Park Volunteer/Adopt-A-Park Program Discussion Recreation Program Coordinator Meredith Lawrence stated that the Commission has discussed an adopt-a-park program for the past few years and residents and businesses have reached out wanting to contribute. She stated that staff began to research how an adopt-a-park or volunteer program could be established. She stated that she has spoken to staff from other cities to determine how a program of that nature has been implemented. She stated that Mendota Heights is smaller than many of the surrounding communities and in turn has less staff. She stated that there are a lot of residents that want to give back to the community and believes this would be a good time for the Commission to discuss that opportunity. She asked how this program could be made successful in the City. She stated that she can use the suggestions tonight to develop a program that could be brought back for consideration/adoption by the Commission. Chair Goldade asked if an adopt-a-park program is a national program under a larger umbrella or whether it is a term passed from city to city. Ms. Lawrence commented that every city has a different formal name for this type of program. She stated that there is not a formal nationwide program to follow. Chair Goldade asked how willing Eagan would be to share its program, noting that it is easier to start with something and then make it your own. Ms. Lawrence stated that the programs are public knowledge/information. She stated that she has researched programs from other communities, but they are all so different. She stated that she would like guidance on how the program would be most successful within Mendota Heights. Commissioner Klepperich asked if there would be liability issues. He stated that perhaps a few of the best practices for this type of program would be a helpful place to start. He asked if the plan would be to start this in 2021. Ms. Lawrence stated that in order to protect the City from liability, the groups would sign a waiver. She stated that there is recreational immunity that can be utilized through the League of Minnesota Cities. She stated that she would be estimating a start for the program of the end of 2021 or in 2022. She confirmed that she could provide some best practices, noting that she has started a document with how a program could be run in Mendota Heights. She stated that she will provide additional information at the next meeting, if desired, but would like feedback this evening to prepare. Commissioner Smith asked if the idea for an adopt-a-park program would be to utilize community groups to clean up litter and assist with other tasks. Ms. Lawrence stated that she is looking for input from the Commission on what that would be. She stated that many cities have groups that adopt a park and hold clean-up events three or four times per year and advise the City of improvements that may be needed. She stated that this is a large, broad opportunity noting that the intent would be to develop a program tailored to the desire of the Commission. Commissioner Sherer asked if this would be for local residents and businesses or whether it would expand to larger groups/businesses that may be outside the community. Commissioner Hinderscheid stated that perhaps public works would have suggestions on where the public could provide assistance. Ms. Lawrence confirmed that public works has been involved in the discussions and would continue to provide guidance. Motion Meyer/second Klepperich to continue to investigate and discuss a volunteer/adopt-a- park program. Further discussion: Commissioner Meyer stated that several community members have approached her on this topic, and this is a great way to get people involved. She noted that a lot of park projects focus on specific things, such as a playground or other amenity, and do not look at the park holistically or the areas around the edges. She stated that there is a lot of interest in Marie and that would be her suggestion to begin as a pilot. Chair Goldade stated that perhaps the program could be discussed more at the next meeting. A roll call vote was performed: Commissioner Hinderscheid aye Commissioner Klepperich aye Commissioner Meyer aye Commissioner Sherer aye Commissioner Smith aye Chair Goldade aye Commissioner Cotter aye Motion carried. 9. Unfinished Business 9.a Skate Park Work Group Update Commissioner Klepperich stated that the group met on December 21st and will meet again on January 25th. The Committee has agreed to have Ms. Lawrence work with the State authorized contractor to complete a 3D rendering. He noted that the suggestion was made to create the concrete pad large enough to add additional features in the future. He stated that wood has been selected as a material for the features, while metal and concrete were also discussed. He noted that the renderings will be shared with the work group at its January meeting. He stated that several potential sites were reviewed by the group and highlighted some of the considerations that were taken into account for each site. He stated that if the park is moved from Rogers Lake, Mendakota was the other possible location, noting that the other locations reviewed were not favorable. He stated that once the recommendations of the work group are complete, it will come forward to the Commission for review and then the City Council. Commissioner Smith commented that two students were instrumental in creating the renderings. She stated that while the features would be wooden and quite simple, it would be an improvement from the current condition of the skate park. Commissioner Hinderscheid asked how the issue of funding would apply if the skate park were to stay at Rogers Lake compared to moving it to Mendakota. Ms. Lawrence replied that this new interpretation by the Attorney is continually reviewed and discussed. She stated that if the skate park stays at Rogers Lake it would need to be funded with maintenance funds. She stated that if the size were increased and moved to Mendakota, some special parks funds could be used. She stated that if the skate park were moved to Mendakota, but the size remained the same, it would not change the recreational offerings and therefore would need to be funded through maintenance funds. Chair Goldade thanked Commissioners Klepperich and Smith, Ms. Lawrence, and the other members of the work group for their continued contributions to this topic. 10. Staff Announcements Recreation Program Coordinator Meredith Lawrence shared the following announcements: • Staff awaits the announcement from the Governor the following day which could possibly increase the recreational opportunities that could be offered. • One Student Representative application has been received. She encouraged interested students to apply on the website. • Staff is researching new recreational opportunities, as suggested in the email shared during the open forum tonight. • Many applications were received for the Commission seat that will be vacant at the end of the month when Commissioner Hinderscheid’s term expires. A new member will be appointed and join the Commission in February. • She thanked Commissioner Hinderscheid for his contributions to the Commission and community. • Other events can be found on the city’s website 11. Student Representative Update None. 12. Commission Comments and Park Updates Commissioner Klepperich • Thanked Commissioner Hinderscheid for his work on the Commission • Mendakota Park had nicely cleaned paths • It has been a wonderful winter to get outside and use the trails Commissioner Smith • Thanked Commissioner Hinderscheid, as he helped her to learn as a new Commissioner • Friendly Hills has had people skating on the rink each night and the sledding hill is well used • The northeast side of the ice rink drains and hits the trail, which causes an icy spot on the trail Commissioner Meyer • Thanked Commissioner Hinderscheid for his help and for making her feel welcome as a Commissioner when she started • Marie Park is still very busy, and it is great to see people outside with the nice weather Commissioner Cotter • Thanked Commissioner Hinderscheid noting that he has a great sense of humor that helps to lift the mood. It is clear he has a lot of knowledge on the parks in Mendota Heights • He asked if the idea for Rogers Lake skating would be feasible Commissioner Sherer • The moderate winter weather has been great to let people get outside and enjoy the parks • Thanked Commissioner Hinderscheid noting that it has been a pleasure to work with him and the legacy that he leaves Chair Goldade • Wentworth and Valley parks are both doing great and great places to hike through • Thanked Commissioner Hinderscheid for the knowledge, expertise, and humor he has brought to the Commission Commissioner Hinderscheid • Thanked the Commission for the kind words. He stated that he has enjoyed working with Ms. Lawrence and commented that she does an excellent job. He stated that nine years is a long time, but this has been a rewarding experience. • Ivy Hills does not have a skating rink, but the sledding hill continues to be used • The dog park continues to have a lot of use 13. Adjourn Motion Klepperich/Second Hinderscheid to adjourn the meeting at 8:11 PM A roll call vote was performed: Commissioner Cotter aye Commissioner Meyer aye Chair Goldade aye Commissioner Hinderscheid aye Commissioner Smith aye Commissioner Klepperich aye Commissioner Sherer aye Motion carried. AYES 7: NAYS 0 Minutes drafted by: Amanda Staple TimeSaver Off Site Secretarial, Inc. Request for City Council Action MEETING DATE: February 16, 2021 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, Public Works Director SUBJECT: Final Payment and Acceptance of the Wesley Neighborhood Improvement Project #201803 COMMENT: Introduction The Council is asked to approve Resolution 2021-15, to accept work and approve the final payment for the Wesley Neighborhood Improvement project 201803. The contract work for the Wesley Neighborhood Street Improvements Project has been completed, inspected, and approved. The project is ready for final payment. This will start the one-year guarantee period. All required paperwork needed before the final payment can be issued has been submitted. Background The City Council awarded the contract to Bituminous Roadways, Inc. at their August 7, 2019, City Council meeting for their low bid of $1,399,999.41. Discussion The final payment for this contract is $12,884.44 including retainage. The final contract amount is $1,288,444.14 which is $111,555.27 under the original contract. This reduction is due to the elimination of the pedestrian trail on Dodd Road between Wesley Lane and Mager Court. Budget Impact The project costs were funded by assessments on the properties, bonding, state aid and utility funds. There are sufficient funds in the project account to cover the final payment. Recommendation Staff recommends that the Mendota Heights City Council approve the attached Resolution No. 2021-15 “RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR PROJECT 201803, WESLEY NEIGHBORHOOD IMPROVEMENTS” Action Required If Council concurs with the staff recommendation, they should pass a motion adopting Resolution No. 2021-15 “RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR PROJECT 201803, WESLEY NEIGHBORHOOD IMPROVEMENTS” by simple majority vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2021-15 RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR PROJECT 201803, WESLEY NEIGHBORHOOD IMPROVEMENS WHEREAS, pursuant to a written contract signed with the City of Mendota Heights on August 8, 2019, with Bituminous Roadways, Inc. of Mendota Heights, Minnesota, has satisfactorily completed the improvements for the Wesley Neighborhood Project -Project #201803, in accordance with such contract. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract in the amount of $12,884.45, taking the contractor’s receipt in full. Adopted by the City Council of the City of Mendota Heights this sixteenth day of February, 2021. CITY COUNCIL CITY OF MENDOTA HEIGHTS BY___________________________ Stephanie Levine, Mayor ATTEST: BY____________________________ Lorri Smith, City Clerk DATE: February 16, 2021 TO: Mayor, City Council, and City Administrator FROM: Dave Dreelan, Fire Chief SUBJECT: Final Payment and Acceptance of Fire Station Addition/Remodel COMMENT: Introduction The Council is asked to approve Resolution 2021-17, to accept work and approve one final payment for the fire station addition/remodel. Background The City Council awarded 21 contracts on March 5, 2019, for the remodel/addition of the fire station. The City Council approved the final payments for four contracts on December 15, 2020, and seven contracts on January 19, 2021. The contract work for one of the components for the project has now been completed, inspected, and approved. This contract is ready for final payment. This will start the one-year guarantee period. All required paperwork needed for the final payment has been submitted. Note that there are still several outstanding contracts for this project, and that this is not the “final” closeout for the project. Discussion The one contract ready for final payment is: Name Pay Request Original Contract Amount Contract Schwickerts Tecta America $13,048.38 $154,710.00 CP-07 Metal Panels Total Final Payments $13,048.38 Budget Impact There are sufficient funds to cover this final payment. Recommendation Staff recommends that the Mendota Heights City Council accept the work and approve the final payment descried herein. Action Required If Council concurs with the staff recommendation, they should pass a motion adopting Resolution No. 2021-17 “RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR ONE MENDOTA HEIGHTS FIRE STATION REMODEL AND EXPANSION FINAL PAYMENT”. Approval may be by a simple majority vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2021-17 RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR MENDOTA HEIGHTS FIRE STATION REMODEL & EXPANSION SCHWICKERT’S TECTA AMERICA WHEREAS, pursuant to a written contract signed on March 5, 2019, with the City of Mendota Heights, Schwickert’s Tecta America has satisfactorily completed component improvements for the fire station expansion/remodel in accordance with its contract. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the work completed under said contract is hereby accepted and approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract in the amount of $13,048.38, taking the contractor’s receipt in full. Adopted by the City Council of the City of Mendota Heights this sixteenth day of February 2021. CITY COUNCIL CITY OF MENDOTA HEIGHTS ___________________________ Stephanie Levine, Mayor ATTEST: ____________________________ Lorri Smith, City Clerk DATE: February 16, 2021 TO: Mayor and City Council FROM: Dave Dreelan, Fire Chief. Mark McNeill, City Administrator SUBJECT: Rescue Boat Purchase/ Disposal of Old Equipment Comment: INTRODUCTION The City Council is asked to approve the purchase of new rescue boat, motor and trailer for the Fire Department, and the disposal of the equipment which the new purchase is replacing. BACKGROUND The fire department’s fleet includes a 14’ Zodiac-style rescue boat. The boat is designed and sized to effectively assist with water and ice rescue emergencies that occur on the lakes and ponds that are found throughout our city and in neighboring communities. In addition to working well on smaller and medium sized bodies of water the boat is also capable of operating safely on the river under most conditions. When river conditions or the type or location of the incident makes it unsafe or impractical to use our boat on the river, we work in conjunction with our mutual aid partners who operate larger boats with expanded capabilities. Our current boat was built in 2007. Unfortunately, it nearly sank during a training exercise this past fall when a seam separated in the floor of the boat, which resulted in a large hole below the water line. It’s not practical or prudent to try and fix the damage on the boat given its age and the location of the damage. Over the last few months a committee has reviewed the MHFD’s water rescue plan as well as researched the various types of boats and water rescue devices that are commercially available. The committee focused on ensuring that our water rescue plan meets current best practices, and any equipment we purchase meets the needs of our city and doesn’t duplicate the resources that our mutual aid partners can provide. The committed visited Great American Marine in Bloomington which is a boat dealership that specializes rescue boats and stocks three prominent brands of rescue boats, which are Zodiac, Highfield and AB. After reviewing the different capabilities and options associated with each boat brand the committee determined that a 14’ rescue boat manufactured by AB Boats best meets the department’s needs. Rescue boats are very specialized type of equipment. Great American Marine is the only authorized regional dealer in the Dakotas, Minnesota, and most of Wisconsin which sells, services, and warranties the boats made by Zodiac, Highfield and AB. This relationship between the builders and dealers make it difficult to receive comparable quotations, and so this is the only quote which was received. Seeking quotes from dealers outside of the upper Midwest would add significant delivery costs. However, research has confirmed the cost of this boat and related equipment is very comparable to similar packages sold throughout the region. The City Attorney has confirmed that the purchase of the boat may be done without competitive bidding through M.S. 471.3455 or 471.36. The current boat has no value; however, the current trailer and outboard motor may be sold at auction or by other means to offset some of the expense. We have checked, and found that neither the Police Department, nor Public Works have a need for them. We therefore ask for authorization to dispose of these items by newspaper advertisement, which would also list them on either Craig’s List, or Facebook Marketplace, and perhaps both. The Council is asked to approve the disposal of these items via resolution. BUDGET IMPACT Funding for the $25,545 is recommended to come from the Equipment Reserve Fund, which has a current balance of $541,000. If the Council wants to ensure a healthy future to the Equipment Reserve Fund, it should consider and implement a practice which would provide for a budgeted “depreciation” for major pieces of equipment being acquired. Such a practice would divide the expected life of the acquired equipment by the purchase amount. For example, in this case, the life expectancy of the rescue boat might be 10 years. Dividing the $25,545 by that ten years would mean that the Council should levy an additional $2555 in the FY 2022 budget, and place that in the Equipment Reserve Fund. Doing this annually will mean that when it was time to replace this boat, bonds wouldn’t have to be sold, or the levy be increased by the whole amount. Depending on how detailed Council wanted to get, inflation could also be factored in. The Council can discuss this in more detail during the FY 22 budget discussions. RECOMMENDATION It is recommended that the City Council approve the purchase of AB Fire Rescue Boat, motor and trailer at the cost of $25,545. ACTION REQUIRED If the Council concurs, it should by motion authorize the purchase of the boat and associated equipment from Great American Marine in the amount of $25,545, and authorize the disposal of the old boat and related equipment, by approving the following resolution: RESOLUTION 2021-19 A RESOLUTION AUTHORIZING THE PURCHASE OF A RESCUE BOAT, TRAILER, AND MOTOR, AND DECLARING CERTAIN MENDOTA HEIGHTS FIRE DEPARTMENT EQUIPMENT TO BE SURPLUS, AND AUTHORIZE ITS SALE OR DISPOSAL CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2021-19 A RESOLUTION AUTHORIZING THE PURCHASE OF A RESCUE BOAT, TRAILER, AND MOTOR, AND DECLARING CERTAIN MENDOTA HEIGHTS FIRE DEPARTMENT EQUIPMENT TO BE SURPLUS, AND AUTHORIZE ITS SALE OR DISPOSAL WHEREAS, The Fire Department of the City of Mendota Heights has need of the purchase of a boat to replace a Zodiac-brand rescue boat which is no longer functional, and WHEREAS, after careful research, the Fire Chief has recommended the purchase of an AB-brand boat, along with a trailer and outboard motor, from Great American Marine for $25,545; and WHEREAS, the City of Mendota Heights also follows the requirements in State Law and City Code for the appropriate disposition of unused or unneeded property; and WHEREAS, the Fire Chief recommends that following pieces of equipment which are currently owned by the City should be considered surplus property: • Zodiac Rescue Boat • Trailer Used to Transport the Rescue Boat • Outboard Motor for Rescue Boat; and WHEREAS, the City Council of the City of Mendota Heights has duly considered this matter and declares the afore listed pieces of equipment to be surplus, and of no further need or value to the City; and WHEREAS, any of the equipment has a market value shall be listed for sale, and offers be sought through Craig’s List and/or Facebook Marketplace, and that which has no value may be otherwise properly scrapped. NOW, THEREFORE, BE IT RESOLVED, the Mendota Heights City Council hereby authorizes the purchase of a new rescue boat, trailer, and outboard Motor from Great American Marine in the amount of $25,545. BE IT FURTHER RESOLVED that the City Council declares the listed boat, trailer, and motor to be surplus, and authorizes the Mendota Heights Fire Department to dispose or sell the material as authorized by law. Adopted by the City Council of the City of Mendota Heights this 16th day of February, 2021. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST ___________________________ _______________________ Stephanie Levine, Mayor Lorri Smith, City Clerk DATE: February 16, 2021 TO: Mayor, Council and City Administrator FROM: Wayne Wegener, Police Captain SUBJECT: RESOLUTION NO. 2021-18 FORMALLY ACCEPTING THE DONATION OF A GRILL FROM LOWE’S AND IN TURN DONATING IT TO NEIGHBORS INC. INTRODUCTION The City Council is asked to formally accept the donation of a grill to the Police Department BACKGROUND The City Auditor has advised that Minnesota State Statute 465.03 “Gifts to municipalities” requires all donations be acknowledged by Resolution. This memo meets Minnesota State Statutory requirements by having the City Council formally accept the gift and recognizing the donor. Lowe’s in West St. Paul wishes to facilitate the donation of a Weber Grill to the police department. Seeing the value of this item would have a greater benefit to others outside of the organization, the police department would like to accept the donation and in turn donate the grill to Neighbors Inc. Neighbors Inc. is a 501c3 nonprofit organization located is South St. Paul that provides emergency assistance and supportive assistance programs to low-income community members in Northern Dakota County, including Mendota Heights, Mendota, and Lilydale. BUDGET IMPACT There is no budget impact. RECOMMENDATION If Council desires to implement the recommendation, a motion will need to be passed adopting RESOLUTION NO. 2021-18 FORMALLY ACCEPTING THE DONATION OF A GRILL FROM LOWE’S AND IN TURN DONATING IT TO NEIGHBORS INC. City of Mendota Heights Dakota County, Minnesota RESOLUTION 2021-18 A RESOLUTION FORMALLY ACCEPTING THE DONATION OF A GRILL FROM LOWE’S AND IN TURN DONATING IT TO NEIGHBORS INC. WHEREAS, Minnesota State Statute 465.03 “Gifts to Municipalities” requires a resolution to be approved by the governing body to accept gifts to municipalities; and WHEREAS, the City of Mendota Heights has previously acknowledged gifts by resolution as required by law; and WHEREAS, the City of Mendota Heights encourages and supports citizens and organizations who wish to participate in government; and WHEREAS, the City of Mendota Heights follows the requirements in State Law and City Code for the appropriate disposition of unused or unneeded property; and WHEREAS, Lowe’s in West St. Paul, Minnesota wishes to donate a Weber Grill to the police department; and WHEREAS, the Neighbors Inc., based in South St. Paul, MN, is a 501c.3 organization nonprofit organization located in South St. Paul that provides emergency assistance and supportive assistance programs to low-income community members in Northern Dakota County, including Mendota Heights, Mendota, and Lilydale; and WHEREAS, the donation of the grill from the Mendota Heights Police Department to Neighbors Inc. would benefit the charitable organization; and WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter and wish to officially recognize the donation of a grill from Lowe’s and in turn wishes to donate it to Neighbors Inc. NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights hereby gratefully accepts the donation of a grill from Lowe’s, and in turn donates it to Neighbors Inc. Adopted by the City Council of the City of Mendota Heights this 16th day of February, 2021. CITY COUNCIL CITY OF MENDOTA HEIGHTS _________________________________ Stephanie Levine, Mayor ATTEST: ______________________________ Lorri Smith, City Clerk DATE: February 16, 2021 TO: Mayor, City Council, and City Administrator FROM: Cheryl Jacobson, Assistant City Administrator Kelly McCarthy, Chief of Police SUBJECT: Police Officer Resignation and Position Recruitment INTRODUCTION The Council is asked to accept the resignation of Police Officer Anthony Patton and authorize staff to begin the Police Officer recruitment process. BACKGROUND Anthony Patton has resigned his position as a Police Officer effective February 15, 2021. The City Council should take action to accept that action. To fill the resulting vacancy, staff requests authorization to begin the Police Officer recruitment process. The recruitment process will start with a position posting/advertisement. It is anticipated that the application period will run from approximately February 22 to March 23. Interested applicants must submit a cover letter, resume, city application and application supplement. Applications will be evaluated and ranked, and interviews and testing conducted. After the initial posting period, the hiring process is anticipated to take four to six weeks. BUDGET IMPACT Funding for the position is provided for in the 2021 budget. RECOMMENDATION Staff recommends that the City Council accept the resignation of Police Officer Anthony Patton effective February 15, 2021 and authorize staff to begin the Police Officer recruitment process. ACTION REQUESTED If the City Council concurs, it should, by motion, accept the resignation of Officer Anthony Patton effective February 15, 2021 and authorize staff to begin the Police Officer recruitment process. DATE: February 16, 2021 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: ARC Candidate Selection Process Comment: Introduction: The City Council is asked to affirm the process by which a finalist candidate will be recommended to the City Council for appointment to the Airports Relations Commission (ARC). Background: The appointment of Sally Lorberbaum to the City Planning Commission has created a vacancy on the Airport Relations Commission. Because of the learning curve needed to get proficient about the subject of airport noise, previous City Councils have exempted ARC members from the three term service limit that is in place for the Planning, and Parks and Recreation Commissions. Posting of the ARC vacancy was done on February 10th, with an application due date of March 3rd. The intent is for the Council to make its appointment at the March 16th Council meeting, so that the new Commissioner could be seated in time for the March 17th ARC Meeting. Because of the somewhat specialized nature of the Commission, it is likely to generate fewer applicants than had been seen for the other Commissions. Unless the Council would prefer to have the full Council interview the applicants, I recommend that a smaller panel conduct the interviews, and make its selection and recommendation to the full Council. That would allow for the quickest turnaround. Such a panel might consist of the Mayor, Councilor Miller (who is the City’s NOC representative), Assistant City Administrator Jacobson (who staffs the ARC) and the City Administrator (who attends most ARC meetings). In the event that only a single applicant emerges, the panel, or even a subgroup of the panel, would interview the applicant to determine whether that individual is a good fit. Recommendation: I recommend that a panel consisting of Mayor Levine, Councilor Miller, ACA Jacobson, and City Administrator McNeill be appointed to interview the ARC applicants and make a recommendation to the Council as to a finalist for the vacant ARC position. Action Required: If the Council concurs, it should appoint the recommended persons to a panel to interview candidates, which would then make a recommendation to the Council for the candidate to fill the vacant position on the Airport Relations Commission. DATE: February 16, 2021 TO: Mayor and City Council, City Administrator, Assistant City Administrator FROM: Meredith Lawrence, Recreation Program Coordinator SUBJECT: December Par 3 Financial Report INTRODUCTION The City Council is asked to acknowledge the December Par 3 Financial Report. BACKGROUND Attached is the December Par 3 Financial Report. Throughout 2020 the course had a total of 14,283 rounds of golf played. Including the month of December, the Par 3 had a year-to-date revenue total of $173,509. The course’s December expenditures totaled $8,583. The year-to-date expenditure total is $144,916. Although the numbers are not final until the audit is complete, the course is projecting positive operating revenues over expenses for 2020 in the amount of $28,593. Staff is working on the 2020 Annual Report for Parks and Recreation and the Golf Course. This report will be presented to the City Council at a future meeting. RECOMMENDATION Staff recommends that the Mendota Heights City Council acknowledge the December Par 3 Financial Report. ACTION REQUIRED If the Council concurs, it should, by motion acknowledge the December Par 3 Financial Report. MONTHLY EXPENDITURE REPORT DECEMBER 2020 MENDOTA HEIGHTS PAR 3 BUDGET TO ACTUAL REPORT December 2020 (100.0% OF YEAR) December REVENUES December YTD YTD YTD BUDGET 2020 2020 %2019 GREENS, LEAGUE & TOURN FEES $100,000 $0 $150,063 150.06%$93,078 RECREATION PROGRAMS $40,000 $0 $23,251 58.13%$33,454 CONCESSIONS $19,000 $0 $0 0.00%$19,538 SUNDRY REVENUE $0 $0 $195 0.00%$280 INTEREST $450 $0 $0 0.00%$0 CAPITAL CONTRIBUTIONS $0 $0 $0 0.00%$0 PAR 3 FUND REVENUE TOTAL $159,450 $0 $173,509 108.82%$146,350 EXPENDITURES December YTD YTD YTD BUDGET 2020 2020 %2019 CLUBHOUSE SALARIES $34,300 $0 $20,528 59.85%$27,146 ADMINISTRATIVE SALARIES $23,601 $1,280 $22,000 93.21%$18,442 FICA/PERA $10,433 $183 $6,914 66.27%$6,862 MEDICAL INSURANCE $6,653 $554 $6,653 100.00%$6,653 U/E & W/C INSURANCE $2,500 $0 $3,302 132.09%$3,218 RENTALS $4,750 $699 $2,486 52.33%$3,832 UTILITIES $15,130 $1,080 $10,441 69.01%$11,871 PROFESSIONAL FEES - AUDIT $2,850 $0 $2,866 100.56%$2,776 PROF FEES - CONSULTING FEES $1,100 $0 $0 0.00%$531 PROF FEES - GROUNDS MGMT $3,000 $0 $0 0.00%$0 PROF FEES - GROUNDS WAGES $22,000 $0 $18,129 82.41%$17,164 PROF FEES - TREE MAINTENANCE $1,500 $0 $0 0.00%$0 ADVERTISING/NEWSLETTER $400 $0 $0 0.00%$235 LIABILITY/AUTO INSURANCE $4,200 -$186 $4,459 106.18%$4,739 OPERATING COSTS/SUPPLIES $7,650 $27 $3,122 40.81%$5,056 FUEL $1,750 $0 $965 55.17%$1,491 REPAIRS & MAINTENANCE $35,350 $3,145 $33,180 93.86%$28,851 SUNDRY/DUES/MILEAGE/CLOTHING $4,150 $1,778 $2,616 63.05%$3,303 CONTINGENCY $0 $0 $0 0.00%$0 ONLINE REG & CREDIT CARD FEES $4,275 $22 $7,254 169.68%$3,734 PAR 3 EXPENDITURES TOTAL $185,592 $8,583 $144,916 78.08%$145,904 ***These numbers are not yet final and may be adjusted in completing the 2020 audit. 2/10/2021 1/31/2021 Mendota Heights Building Activity Report Mike Andrejka, Building Official January 1, 2021 thru January 31, 2021 January 1, 2021 thru January 31, 2021 January 1, 2020 thru January 31, 2020 January 1, 2019 thru January 31, 2019 Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected SFD 1 685,250.00$ $7,238.14 SFD 1 685,250.00$ $7,238.14 SFD 0 -$ $0.00 SFD 0 -$ -$ Apartment 0 -$ $0.00 Apartment 0 -$ $0.00 Apartment 0 -$ $0.00 Apartment 0 -$ -$ Townhouse 0 -$ $0.00 Townhouse 0 -$ $0.00 Townhouse 0 -$ $0.00 Townhouse 0 -$ -$ Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ -$ Misc 35 575,394.00$ 7,733.84$ Misc 35 575,394.00$ 7,733.84$ Misc 32 513,736.57$ 7,054.53$ Misc 32 655,787.00$ 7,767.62$ Commercial 0 -$ $0.00 Commercial 0 -$ $0.00 Commercial 1 10,000.00$ $191.75 Commercial 0 -$ -$ Sub Total 36 1,260,644.00$ 14,971.98$ Sub Total 36 1,260,644.00$ 14,971.98$ Sub Total 33 523,736.57$ 7,246.28$ Sub Total 32 655,787.00$ 7,767.62$ Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Plumbing 14 $1,095.00 Plumbing 14 $1,095.00 Plumbing 25 $2,242.30 Plumbing 21 1,575.00$ Water 0 $0.00 Water 0 $0.00 Water 0 $0.00 Water 0 -$ Sewer 3 $225.00 Sewer 3 $225.00 Sewer 0 $0.00 Sewer 0 -$ Mechanical 23 $2,580.92 Mechanical 23 397.00$ $2,580.92 Mechanical 32 $2,654.63 Mechanical 22 2,030.26$ Sub Total 40 3,900.92$ Sub Total 40 3,900.92$ Sub Total 57 $4,896.93 Sub Total 43 3,605.26$ License No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Contractor 0 $0.00 Contractor 0 $0.00 Contractor 0 $0.00 Contractor 146 7,300.00$ Total 76 1,260,644.00$ 18,872.90$ Total 76 1,260,644.00$ 18,872.90$ Total 90 523,736.57$ 12,143.21$ Total 221 655,787.00$ 18,672.88$ NOTE: All fee amounts exclude SAC, WAC and State Surcharge. Amounts shown will reflect only permit, plan review fee and valuation totals Request for City Council Action MEETING DATE: February 16, 2021 TO: Mayor Levine and City Council FROM: Mark McNeill, City Administrator Tim Benetti, Community Development Director SUBJECT: Ordinance No. 562 - An Interim Ordinance Placing a Moratorium on Proposed Development, Subdivision or Certain Construction and Building Activity Requiring a Permit for Properties Situated in the Critical Area Overlay District Introduction The City Council is asked to consider adopting Ordinance No. 562, which establishes a temporary moratorium on any proposed or requested land use applications and certain building permit requests for those properties situated in the Critical Area Overlay District. Background Under Minnesota State Statute 426.355, Subd. 4, local governments have the authority to enact moratoriums on development in order to protect the planning process, and to allow cities time to conduct and complete a study (if needed), for the purpose of considering adoption or amendment of a comprehensive plan or official controls as defined in section 462.352, Subdivision 15, to-wit: "Official controls" or "controls" means ordinances and regulations which control the physical development of a city, county or town or any part thereof or any detail thereof and implement the general objectives of the comprehensive plan. Official controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. The governing body of the municipality may adopt an interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting the planning process and the health, safety and welfare of its citizens. The interim ordinance may regulate, restrict, or prohibit any use, development, or subdivision within the jurisdiction or a portion thereof for a period not to exceed one year from the date it is effective. Discussion The moratorium temporarily halts any new permits for single-family or multi-family dwellings; new business or industrial developments; new subdivision plats; or major grading and land disturbance projects. Exempted from this moratorium will be any minor development or construction activities, such as small building additions (144-sf. or less), decks, fences, sheds, patios, or landscaping projects. This moratorium applies to all properties situated in the Critical Area Overlay District (attached map). As part of the city’s recent 2040 Comprehensive Plan project, the amended plan includes a chapter specifically related to the Mississippi River Critical Corridor Area (MRCCA), which essentially is the same limits established by the Critical Area Overlay district. In 2016, the Minnesota Department of Natural Resources (DNR) revised the rules and regulations governing development within the MRCCA for all those communities that contain a MRCCA boundary. Local communities within the corridor are required to complete a MRCCA plan as a separate chapter of their Comprehensive Plan Update; and complete an official zoning ordinance update (amendment) by end of 2021. The City was notified in January that the DNR has given its approval for the City’s proposed MRCCA plan; final approval is now up to the Metropolitan Council During this 12-month moratorium period, city staff will be able to research and present information to the planning commission and City Council as soon as it becomes available; and intends to have a final zoning ordinance amendment presented in the future for adoption. Per Minn. Stat. 462.355, a public hearing is only required on interim ordinances [moratorium] if there is a pending request for a housing proposal or if it affects livestock operations. Neither of those apply in this case. City Code does not require the holding of a public hearing or provide any specific notice for an interim moratorium; however, the city council has the choice to consider this matter under a public hearing, or allow for general public comments in this matter. Notices have been published in the local paper (Pioneer Press), posted on the city’s website and city’s social media sites, and weekly newsletter. If the Council wishes to hold a public hearing, they may do so by a motion and simple majority vote. Recommendation A statutory or home rule charter city may adopt an interim ordinance that regulates, restricts, or prohibits a housing proposal or certain development activities, only if the ordinance is approved by majority vote of all members of the City Council. This proposed ordinance documents have been reviewed by the City Attorney’s office for compliance with state statutes and rules on local government enacted moratoriums, and have been approved for content. Action Required Upon the conclusion of a public hearing and/or general public comments, the City Council may adopt Ordinance No. 562 as presented. This action requires a simple-majority vote of the council. If the Council adopts said ordinance, it may also adopt the secondary Summary Ordinance 562 (shortened version) for publication purposes. This Summary Ordinance must be adopted by super-majority (4 / 5) vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 562 AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON PROPOSED DEVELOPMENT, SUBDIVISION OR CERTAIN CONSTRUCTION AND BUILDING ACTIVITIES REQUIRING A PERMIT FOR PROPERTIES SITUATED IN THE CRITICAL AREA OVERLAY DISTRICT AND CITY OF MENDOTA HEIGHTS The City Council of the City of Mendota Heights, Dakota County, Minnesota (the “City”) does hereby ordain as follows: WHEREAS, under Chapter 3 Critical Area Overlay District of the Mendota Heights City Code, the City of Mendota Heights finds that the Mississippi River corridor within the metropolitan area and the city is a unique and valuable local, state, regional and national resource; the river is an essential element in the local, regional, state and national transportation, sewer and water and recreational system and serves important biological and ecological functions; and the prevention and mitigation of damage to this resource and the preservation and enhancement of its natural, aesthetic, cultural and historic values is in furtherance of the health, safety and general welfare of the city; and WHEREAS, the City of Mendota Heights has determined that certain development activities in the current Critical Area Overlay District may pose a threat to surrounding properties and may be detrimental to the public health, safety, and general welfare of the citizens of the City of Mendota Heights; and, WHEREAS, the City’s comprehensive plan, zoning, and development regulations may not adequately address various impacts to the public health, safety, and general welfare that potential uses or new developments may present to the overlay district; and, WHEREAS, in order to provide adequate time for study, analysis, and consider finalization of potential city code or comprehensive plan amendments related to any new development in the Critical Area Overlay District and/or Mississippi River Critical Corridor Area (“MRCCA”), the City Council of the City of Mendota Heights, Minnesota, does hereby ordain the following: SECTION 1. AUTHORITY. 1.1 The City of Mendota Heights is authorized under Minnesota Statutes Section 462.355, Subd. 4, to regulate, restrict or prohibit any use, development, or subdivision within the jurisdiction or a portion thereof while the City is conducting studies, or has authorized a study to be conducted or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official zoning controls. SECTION 2. PURPOSE 2.1 The purpose of this interim ordinance is to protect the planning process and to ensure the health, safety, and welfare of the citizens of Mendota Heights by placing a temporary moratorium on the submittal and consideration of critical area permit applications needed to authorize and approve any proposed building permit, zoning approval, subdivision approval, or certificate needed for any action or development on properties situated in the Critical Area Overlay District within the City. 2.2 The ordinance will allow the City to complete a study and consider adoption of comprehensive land use and zoning regulations and/or amendments. 2.3 The City Council is concerned that the City’s current zoning regulations, especially Chapter 3 – Critical Area Overlay District, may not adequately address specific land use standards and regulations needed to protect the properties in and around the critical area district. 2.4 In addition to the proper zoning classifications and development standards of such uses, there are a number of significant planning and land use issues pertaining to the regulation of such uses in this overlay district. 2.5 Minnesota Statutes, Section 462.355, sub. 4, permit the adoption of an interim ordinance to regulate, restrict, or prohibit any use, development, or subdivision within the jurisdiction or a portion thereof for a period not to exceed one year from the date it is effective. SECTION 3. PLANNING AND ZONING STUDY; MORATORIUM. 3.1 A study is authorized to be conducted by City staff or a contracted consultant in order to determine and new land use standards and regulations to be adopted and implemented into an updated Critical Area Overlay District chapter or a new MRCCA chapter. The scope of the study should include, but is not limited to the following: a) The statutory authorization and policies of the city; b) General provisions and definitions of the district; c) Administration of the district; d) Special land use provisions, including structure standards such as height, placement (setbacks) and lot sizes; e) Performance standards for private and public facilities; f) Vegetation and woodland management standards; g) Land alteration standards; h) Stormwater management standards; and i) Subdivision and land development standards. 3.2 Upon completion of the study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. 3.3 Pending completion of the study and adoption of any amendments to the City’s official controls, a moratorium is established on the issuance of any development and land-use approvals, including but not limited to critical area permits, preliminary plats, re-zonings, variances, conditional use permits, site plans, and/or building permits and licenses. 3.4 Exempted from this moratorium will be any development or construction activity that meets the requirements of City Code Section 12-3-5(D) as a minor development; or any development or construction activity that does not expand the outer footprint of a building or attached structure. 4.4 This ordinance will be effective for a period of twelve (12) months after its effective date. SECTION 4. ENFORCEMENT 4.1 Violation of any portion of this ordinance shall be a misdemeanor punishable by imprisonment for up to 90 days and a fine of $1,000.00 or both, plus the costs of prosecution. Each day that a violation occurs shall be considered a separate offense. 4.2 The City may enforce any provision of this ordinance by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction. SECTION 5. SEPARABILITY 5.1 Every section, provision or part of this ordinance is declared separable from every other section, provision or part of this ordinance. If any section, provision, or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this ordinance. This Ordinance shall take effect immediately upon passage and shall remain in effect until the date of the adoption of the official controls contemplated hereunder, the repeal of this ordinance, or February 16, 2022, whichever occurs first. Adopted and ordained into an ordinance this 16th day of February, 2021. CITY COUNCIL CITY OF MENDOTA HEIGHTS ___________________________________ Stephanie Levine, Mayor ATTEST ___________________________ Lorri Smith, City Clerk CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA SUMMARY ORDINANCE NO. 562 AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON PROPOSED DEVELOPMENT, SUBDIVISION OR CERTAIN CONSTRUCTION AND BUILDING ACTIVITIES REQUIRING A PERMIT FOR PROPERTIES SITUATED IN THE CRITICAL AREA OVERLAY DISTRICT AND CITY OF MENDOTA HEIGHTS NOTICE IS HEREBY GIVEN that, on February 16, 2021, Ordinance No. 562 was adopted by the City Council of the City of Mendota Heights, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 562, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council exercises the City of Mendota Heights’s authority under Minn. Stat. § 462.355, Subd. 4 to place a temporary moratorium on proposed development, subdivision, and certain construction and building activities, including the submittal and consideration of critical area permit applications needed to authorize and approve any proposed building permit, zoning approval, subdivision approval, or certificate needed for any action or development on properties situated in the Critical Area Overlay District within the City. A printed copy of the whole ordinance is available for inspection by any person during the City’s regular office hours at the office of the City Administrator/City Clerk or on the City’s website. PASSED, ADOPTED and APPROVED FOR PUBLICATION by the City Council of the City of Mendota Heights, Minnesota, this 16th day of February, 2021. CITY COUNCIL OF MENDOTA HEIGHTS /s/Stephanie Levine, Mayor Attest: /s/ Lorri Smith, City Clerk QvcmjdDpnnfouTvcnjuufe February 12, 2021 Tim Benetti Community Development Director City of Mendota Heights 1101 Victoria Curve Mendota Heights , MN 55118 Re: Ordinance 562 -Interim OrdinancePlacing a Moratorium on Proposeddevelopment Dear Mr. Benetti: I am the owner of the property located at 1680 Lexington Avenue in Mendota Heights. The City Council meeting scheduled for Tuesday, February 16, 2021 will consider the proposed Interim Ordinance referenced above, which, as proposed, could have the effect of preventing the issuance of any building permit or development activity on my property until February 16, 2022. I have reviewed the language of the proposed interim ordinance, including its purposeand effect. I believe that my property should not be subject to the moratorium because it does not serve any stated purpose for which the moratorium is needed. Specifically, the interim ordinance states that the moratorium is needed because: The City of Mendota Heights has determined that certain development activities in the current Critical Area Overlay District may pose a threat to surrounding property and may be detrimental to the public health, safety and general welfare of the citizens of the City of Mendota Heights. Section 3.4 of the proposed ordinance would exempt “development or constructionactivity that doesn’t expand the footprint of a building or attached structure.” My property consists of approximately 2.3 acres of land and a house which has been substantially damaged by fire. The buildable area of the land is flat and the remainder lies below the bluff line. I bought the property with the intention of demolishing the fire damaged house and rebuilding a modern house on a building pad that would be in full compliance with all setback requirements supported by both current city ordinances and the model ordinance of the Department of Natural Resources for Critical Area Overlay Districts. (Of course, the house would also meet all other city ordinances and regulations). Tim Benetti February 12, 2021 Page Two The house on the propertyis more than sixty years old and there has never been any impact on surrounding properties, and the setback requirements from the bluff would prevent any risk of such damage in the future. The house I will build will also feature an improved engineering design that was not known when the existing house was first built. My property was part of a subdivision that was recently approved by the City, and I purchased the property with the expectation that I could build on the property within the approved setbacks, as shown on the attached maps showing the approved building area. (I also attach a copy of the minutes of the City Council meeting held on December 1, 2020, approving the Critical Area Permit for 1680 Lexington Avenue). For these reasons, I would request that my property be exempt from the moratorium imposed by the interim ordinance either by a change in the language of Section 3.4 of the proposed ordinance or by a “grandfather “ clause that exempts properties approved by the Council prior to the effective date of the moratorium. Thank you for your consideration. Robert L Brackey 273 Salem Church Road Sunfish Lake, MN 55118 February 16, 2021 Letter of Understanding for Big Rivers Regional Trail Mendota Trailhead Project in Mendota Heights, MN To: Tim Benetti Community Development Director City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Direct: 651-255-1142 Mr. Benetti, As we have discussed Dakota County appreciates and the City of Mendota Heights continued support and partnership regarding the Big Rivers Regional Trail Mendota Trailhead project in Mendota Heights. Background: The Project site is the primary access point to the Big Rivers Regional Trail (BRRT) segment of the Minnesota River Greenway located at 1498 Mendota Heights Road in Mendota Heights. Despite its high use, an estimated 158,900 visitors in 2018, the Project site lacks essential features such as drinking water, permanent restrooms, and enough parking. In addition to correcting these deficiencies, the site’s unique historical characteristics provide numerous opportunities to enhance the visitor experience and promote natural and cultural resource stewardship at and near the Project site. The Minnesota River Greenway Cultural Resources Interpretive Plan was adopted by the Dakota County Board of Commissioners via Resolution No. 17-400 (August 1, 2017) establishing the framework for interpretation for the Project. Process: The project work to date has been designed to meet or exceed the purpose and intent of the Critical Area Overlay District, causes no impacts to the river corridor, bluff area, adjacent waterways or surrounding properties, and meets the goals of and is supported by the City’s own 2030 Comprehensive Plan and the upcoming 2040 Comprehensive Plan. Per the prior approval via Resolution 2021-02 (January 12, 2021) it has been determined that: - the proposed improvements are minimal and reasonable within the intent of the Critical Area regulations; and - the project occurs in an area that is already developed and does not cause damage to the bluff or surrounding critical resources; and - the project is in keeping with the existing development and character of the park and trailhead area; and - the projects proposed shelter/restroom facility and other improvements are allowed under the City zoning ordinance, and will comply with all standard regulations of the State of Minnesota Building Code and all other applicable standards; and - the County has been working toward a project in this location since 2012; - State Parks and trail Legacy funding in the amount of $1,241,008 has been received allowing for project completion between 2019 and 2021. Parks, Facilities, and Fleet Management Dakota County Administration Center 1590 Highway 55 Hastings, MN 55033 651.438.4388 Fax: 651.438.8455 www.co.dakota.mn.uss Per the Projects prior approval via Resolution 2021-02 (January 12, 2021) the following conditions will be met: - the project grading plan and storm water details will be submitted for approval to the City of Mendota Heights Public Works Director for permit prior to any land alteration activities; and - all grading and construction activities will follow all applicable Federal, State, and Local regulations and codes, as well as the City’s Land Disturbance Guidance Document; and - all disturbance will be restored with permanent ground cover immediately upon project completion; and - the project building permit will be approved by the City of Mendota Heights prior to commencement of building shelter/restroom construction activities; and - sewer and water connection charges will be paid by the County prior to any construction activities; and - full erosion control plans and proposed measures will be in place prior to construction activities and maintained throughout the project duration; and - the plans for the new parking lot will be reviewed and approved by the City of Mendota Heights Public Works Director prior to any land disturbance activities; and - a Storm Water Prevention Pollution Prevention Plan (SWPPP) will be developed for the project including a requirement for a double silt fence ensuring additional protection to the nearby bluff and river resources; and - the project will apply for and receive a National Pollution Discharge Elimination System (NPDES) and Minnesota Department of Transportation drainage permit; and - the project will not include hard surface or tree removal within 40 of the bluff impact zones; and - all work to replace or improve the existing entry monument sign will be reviewed and approved under a separate permit. The County understands that the City anticipates some upcoming changes to the Critical Area, Building, and Earthwork permitting in the City of Mendota Heights. In response to the proposed changes and their potential impact on the current project, the County respectfully requests an exemption to these new rules base on the project’s prior approval via Resolution 2021-02 (January 12, 2021). Please review the above and let me know if you have additional questions I can help to answer. As always, the County appreciates the City’s continued support of this important project. Sincerely, Josh Kinney, PLA, ASLA Senior Project Manager Capital Projects Management P 952-891-7016 W www.dakotacounty.us A 1590 Highway 55, Hastings MN 55033 Lorri Smith From:Mark&Julie Hunt <markjuliemn@gmail.com> Sent:Friday, February 12, 2021 4:35 PM To:Lorri Smith; Tim Benetti Subject:Moratorium in the Critical Area Overlay District Dear Ms. Smith and Mr. Benetti: We would like to express our gratitude to the City Council for their consideration in adopting an interim ordinance that will establish a temporary moratorium on any new/proposed land use application or building permits for the properties in the Critical Area Overlay District. We wholeheartedly support this action as we have personally experienced how the lack of regulatory protection by the City Codes, that contradicted the DNR/State regulations and the Mendota Heights 2040 Comprehensive Plan could have allowed a development that could have had a significant geological and environmental impact to us, our neighbors in Mendota Heights and the City of Mendota. In 2017, the DNR had put these protective regulations in place for a reason. Much work and research from expert engineers and geologists, that are familiar with the landscape of the Mississippi River Corridor, as well as the slope slide events that have occurred in the past 10 years, necessitated the DNR to act. Thank you again for being proactive and we encourage the Council to vote for this temporary moratorium. Sincerely, Mark and Julie Hunt 1224 Culligan Lane . 1 Request for City Council Action DATE: February 16, 2021 TO: Mayor and City Council, City Administrator, and Assistant City Administrator FROM: Meredith Lawrence, Recreation Program Coordinator Ryan Ruzek, Public Works Director SUBJECT: Approval of Playground Replacement at Marie Park INTRODUCTION The City Council is asked to approve the vendor and contract for the replacement of the playground at Marie Park. BACKGROUND Based on age and current condition, the Marie Park playground is in need of replacement. The majority of the existing playground was built in 2005, although some pieces were existing from a prior remodel and were not replaced in 2005. The standard life expectancy for playgrounds is typically between 15-20 years of service. The Parks and Recreation Commission established a work group in 2020 that met with staff and developed criteria for a Request for Proposal (RFP) to solicit proposals to remodel the playground site. The Parks and Recreation Commission reviewed the RFP at their October 13 meeting and recommended approval. The City Council formally approved the RFP at their October 20 meeting. Features that were requested to be included in all proposals for reconstruction included: •At least two vinyl coated steel benches with backs anchored in the ground within the container area •Two diggers •One spring rider •Swings (Example: parent child swing, baby swing, standard swings) •At least three slides •Covered canopy over the deck area (a bid alternate) All proposals were required to include demolition and disposal of the existing playground equipment, any necessary site work, a new container, playground equipment, engineered wood fiber surfacing, and installation of the playground equipment. The RFP also requested a color pallet of earth tones be utilized on the new playground equipment. The RFP included a not to exceed budget of $125,000 for the project that included all costs associated with the project, including all demolition of existing equipment, a new container, surfacing, structures, delivery, installation, construction permits, taxes and other service charges. Not included in the budget amount is the cost of removing an existing dead ash tree near the container. This will cost approximately $2,000 for removal of the tree and stump work. Once a new playground is constructed staff will work to plant a new tree near the playground to replace the existing tree. Included in the RFP was a map that outlined the maximum container space available for the playground. The existing playground’s exterior container has an irregular shape that the Public Works Superintendent requested be changed in order to ensure safety and to ease maintenance protocols for staff. Staff invited playground contractors to submit responses and use their professional expertise and creativity to develop a unique play structure plan within the budget. The City received proposals from nine qualified vendors. The Parks and Recreation Commission directed staff to work with the playground subcommittee to review the proposals and provide the top three proposals to engage the community for their feedback. The subcommittee ranked the top three proposals from the following vendors: Finnegan Playground Adventures (Playground A), Midwest Playscapes (Playground B), and Northland Recreation (Playground C). In order to receive community input, staff provided three opportunities to obtain feedback from residents. A virtual open house was hosted by staff on Tuesday, January 26. There were five residents in attendance. The results from this engagement session are provided below: • Virtual Open House Playground Preference Votes: o Playground A (Finnegan Playground Adventures): 0 o Playground B (Midwest Playscapes): 2 o Playground C (Northland Recreation): 3 Staff also hosted an in-person open house to solicit feedback on Thursday, January 28. There were 11 residents who voted at this event. The results from this engagement session are provided below: • In Person Open House Playground Preference Votes: o Playground A (Finnegan Playground Adventures): 4 o Playground B (Midwest Playscapes): 2 o Playground C (Northland Recreation): 5 Lastly, staff posted a survey on Polco, the city’s online community engagement platform. The survey was promoted on the City’s website, Friday News, and on Facebook. The survey results are provided below: • Polco Survey Playground Preference Votes: o Playground Design A (Finnegan Playground Adventures): 18 o Playground Design B (Midwest Playscapes): 28 o Playground Design C (Northland Recreation): 91 The original proposal from Northland Recreation did not fit into the topography of the location. In addition, staff had some safety concerns based on the layout and location of the existing swings. Staff worked with the contractor to rearrange the same pieces of equipment originally provided in a way that would better utilize the space available at the park. Still, with the updated layout the Northland Recreation playground footprint encroaches further into the Marie Park baseball field than staff had originally planned. This is something the commission discussed and took into consideration when making their recommendation to the City Council at their February 9 meeting. The Parks and Recreation commission is recommending the City Council approve the proposal from Northland Recreation including the bid alternate with the shade structures, with the understanding staff will work with the vendor to finalize the layout. The Northland Recreation Playground (Little Tikes) features a 2-5 year old play structure and a 5- 12 year old play structure, two sand diggers, a two person grasshopper spring rider, a revolution spinner, track ride, five swings, climbers, slides, and two benches. The total cost for this proposal is $125,000. The shade structures were provided in a bid alternate that is an additional $8,004 cost. The total for this proposal including the shade structures is $133,004. This playground had the most community support and provides a wide variety of playground features for all ages of children. Staff has met with the vendor and will conduct a site visit to ensure the final layout of the playground does not encroach on the baseball field more than the current playground container which is 200 feet from home plate. If approved, the installation of the playground structure at Marie Park is scheduled to be completed by June 1, 2021. Attachments: • Northland Recreation Playground and Shade Proposal • Renderings of Northland Recreation Playground Proposal • Polco Results BUDGET The proposed playground replacement is approximately double the size of the existing playground at Marie Park (7,184 square feet, versus 3,945 square feet). Based on the expanded size and additional features (spinner, zip track), staff is proposing that the Special Parks fund be utilized for 50 percent ($62,500) of the playground improvements. The remaining 50 percent ($62,500), is proposed to be funded through proceeds from the sale of the Village Lots. If Council chooses to add the shade structures for the bid alternate of $8,004, this can also be funded from the Special Parks fund, as shade structures had not been included previously. The City Attorney is currently reviewing the contract documents. If there are changes needed, the Council will be advised at the February16th meeting. RECOMMENDATION The Parks and Recreation Commission recommends that the City Council award the Marie Park Playground Remodel contract to Northland Recreation, including the shade structure as a bid alternate for $133,004. ACTION REQUIRED If the City Council concurs, it should, by motion, approve and award the playground remodel contract to Northland Recreation for a not-to-exceed amount of $133,004. This action requires a simple majority vote. 2/10/2021 Page 1 of 4 PlayPower LT Farmington, Inc. 878 E. US Hwy 60 Monett, MO 65708 1-800-325-8828 Northland Recreation LLC 10085 Bridgewater Bay Woodbury, MN 55129 (651) 815-4097 (phone) (414) 395-8538 (fax) Bill To: City of Mendota Heights Project Name & Location: Ship To Address: 1101 Victoria Curve Marie Park Same Mendota Heights, MN 55118 1780 Lilac Lane Mendota Heights, MN 55118 Quote Date: 2/10/21 Valid For: 90 Days Part Number Description Qty Unit Price Total 1 5-12 Year Old Play Area Little Tikes Custom Kid Builder Play Structure $49,322.65 Includes swings, bench and sign 1 2-5 Year Old Play Area $15,880.80 Little Tikes Custom Play Builder Play Structure Includes sand diggers, whirl, spring rider and bench 1 Site Work –Includes, removal of existing play equipment, $12,147.40 timbers, sand, wood fiber, excess dirt and final grading. 1 Installation of play equipment $25,178.15 363 l/f 6” x 12” Wood Timber Border - Installed $9,805.00 310 cy Wood fiber resilient surfacing installed. Includes, $12,666.00 10 rubber swing and slide mats and sand for digger area Totals: Equipment List: $65,203.45 Products Subtotal: $9,805.00 Products by Other: $12,666.00 Installation: $37,325.55 Estimated Sales Tax*: $ Freight: $included Grand Total: $125,000.00 Notes: 2/10/2021 Page 2 of 4 Make Purchase Orders Out To: Make Checks Payable To: PlayPower LT Farmington, Inc. PlayPower LT Farmington, Inc. Remit Purchase Orders To: Remit Checks To: PlayPower LT Farmington, Inc. Attention: Sales Administration 878 E US Hwy 60 Monett, Missouri, USA 65708 1-800-325-8828 PlayPower LT Farmington, Inc. P.O. Box 204713 Dallas, TX 75320-4713 NOTE: * Applicable sales taxes will be confirmed once order and any tax certificates are received † Denotes drop ship item. Unloading, storage, installation, surfacing and site work are not included unless specifically noted on quotation. Not responsible for filter cloth, irrigation rerouting, grass damage, or checking for underground utilities. If installation is quoted, it is assumed that the site has been prepared and that any grade slope in any direction does not exceed 2%. In the event that unexpected soil conditions, such as subsurface rock, are encountered during installation, additional costs to the customer will be applicable. The acceptance signature below serves as authorization to order the items quoted and indicates acceptance of the prices listed. All terms are subject to credit approval. COMMENTS: This playground contains 96.69% recycled content This playground qualifies for 2 LEED point(s) This Quote shall not become a binding contract until signed and delivered by both Customer and PlayPower LT Farmington Inc (“PPLT”). Sales Representative is not authorized to sign this Quote on behalf of PPLT or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to “PPLT Sales Administration” via fax (417)354-2273 or email outdoordes@LTCPS.com. Upon acceptance, PPLT will return a fully-signed copy of the Quote to Customer (with copy to Sales Representative) via fax or e mail. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. PPLT objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes PPLT to ship the Equipment and agrees to pay PPLT the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by PPLT. Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 204713, Dallas, TX 75320-4713, unless notified otherwise by PPLT in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to PPLT, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY PPLT. Submitted By Printed Name and Title Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY PLAYPOWER LT FARMINGTON INC. By: ___________________________ Date:___________________ ________________________ ________________________ 2/10/2021 Page 3 of 4 ADDITIONAL TERMS & CONDITIONS OF SALE 1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with PPLT’s product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2. Default, Remedies & Delinquency Charges. Customer’s failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, PPLT shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with PPLT to accomplish its filing and enforcement of mechanic’s or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by PPLT of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys’ fees plus any costs of collection incurred by PPLT in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to PPLT as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by PPLT within ten (10) days after the date on which due. 3. Limitation of Warranty/ Indemnity. PPLT MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. PPLT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE PPLT HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER’S ALTERATION OF THE EQUIPMENT, ITS FAILURE TO MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH PPLT’S INSTALLATION AND OWNER’S MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote. 5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to PPLT, and PPLT hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer’s obligations hereunder. Customer agrees that PPLT may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and PPLT shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri. 7. Title; Risk of Loss; Insurance. PPLT Retains full title to all Equipment until full payment is received by PPLT. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties. 8. Waiver; Invalidity. PPLT may waive a default hereunder, or under any invoice or other agreement between Customer and PPLT, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by PPLT. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to PPLT hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreement; Amendment; Binding Nature. This fully-executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and PPLT stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document, and retransmission of any signed facsimile or other electronic transmission, shall be the same 2/10/2021 Page 4 of 4 as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document. 2/10/2021 Page 1 of 3 PlayPower LT Farmington, Inc. 878 E. US Hwy 60 Monett, MO 65708 1-800-325-8828 Northland Recreation LLC 10085 Bridgewater Bay Woodbury, MN 55129 (651) 815-4097 (phone) (414) 395-8538 (fax) Bill To: City of Mendota Heights Project Name & Location: Ship To Address: 1101 Victoria Curve Marie Park same Mendota Heights, MN 55118 1780 Lilac Lane Mendota Heights, MN 55118 Quote Date:2/10/21 Valid For: 90 Days Part Number Description Qty Unit Price Total Alternate Bid 3 Little Tikes Sunshade Umbrellas for $8,004.00 the 5-12 Play Area and 2-5 Play Area Colors TBD Totals: Equipment List: $8,004.00 Products Subtotal: $ Products by Other: $ Installation: $included Estimated Sales Tax*: $ Freight: $included Grand Total: $8,004.00 Notes: 2/10/2021 Page 2 of 3 Make Purchase Orders Out To: Make Checks Payable To: PlayPower LT Farmington, Inc. PlayPower LT Farmington, Inc. Remit Purchase Orders To: Remit Checks To: PlayPower LT Farmington, Inc. Attention: Sales Administration 878 E US Hwy 60 Monett, Missouri, USA 65708 1-800-325-8828 PlayPower LT Farmington, Inc. P.O. Box 204713 Dallas, TX 75320-4713 NOTE: * Applicable sales taxes will be confirmed once order and any tax certificates are received † Denotes drop ship item. Unloading, storage, installation, surfacing and site work are not included unless specifically noted on quotation. Not responsible for filter cloth, irrigation rerouting, grass damage, or checking for underground utilities. If installation is quoted, it is assumed that the site has been prepared and that any grade slope in any direction does not exceed 2%. In the event that unexpected soil conditions, such as subsurface rock, are encountered during installation, additional costs to the customer will be applicable. The acceptance signature below serves as authorization to order the items quoted and indicates acceptance of the prices listed. All terms are subject to credit approval. COMMENTS: This playground contains 96.69% recycled content This playground qualifies for 2 LEED point(s) This Quote shall not become a binding contract until signed and delivered by both Customer and PlayPower LT Farmington Inc (“PPLT”). Sales Representative is not authorized to sign this Quote on behalf of PPLT or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to “PPLT Sales Administration” via fax (417)354-2273 or email outdoordes@LTCPS.com. Upon acceptance, PPLT will return a fully-signed copy of the Quote to Customer (with copy to Sales Representative) via fax or e mail. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. PPLT objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes PPLT to ship the Equipment and agrees to pay PPLT the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by PPLT. Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 204713, Dallas, TX 75320-4713, unless notified otherwise by PPLT in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to PPLT, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY PPLT. Submitted By Printed Name and Title Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY PLAYPOWER LT FARMINGTON INC. By: ___________________________ Date:___________________ ________________________ ________________________ 2/10/2021 Page 3 of 3 ADDITIONAL TERMS & CONDITIONS OF SALE 1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with PPLT’s product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2. Default, Remedies & Delinquency Charges. Customer’s failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, PPLT shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with PPLT to accomplish its filing and enforcement of mechanic’s or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by PPLT of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys’ fees plus any costs of collection incurred by PPLT in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to PPLT as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by PPLT within ten (10) days after the date on which due. 3. Limitation of Warranty/ Indemnity. PPLT MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. PPLT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE PPLT HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER’S ALTERATION OF THE EQUIPMENT, ITS FAILURE TO MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH PPLT’S INSTALLATION AND OWNER’S MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote. 5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to PPLT, and PPLT hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer’s obligations hereunder. Customer agrees that PPLT may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and PPLT shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri. 7. Title; Risk of Loss; Insurance. PPLT Retains full title to all Equipment until full payment is received by PPLT. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties. 8. Waiver; Invalidity. PPLT may waive a default hereunder, or under any invoice or other agreement between Customer and PPLT, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by PPLT. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to PPLT hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreement; Amendment; Binding Nature. This fully-executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and PPLT stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document, and retransmission of any signed facsimile or other electronic transmission, shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document. 2/2/2021 Polco https://polco.us/n/admin/content/ef724db2-a098-4926-8fdc-4c76d4100556/report 1/7 Marie Park Playground Replacement Survey Results FINAL 02/02/2021 2/2/2021 Polco https://polco.us/n/admin/content/ef724db2-a098-4926-8fdc-4c76d4100556/report 2/7 Which playground design is your favorite? 13% (18) 20% (28) 66% (91) Do you have children 12 or under living in your household? 72% (99) 28% (39) A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Yes B No 2/2/2021 Polco https://polco.us/n/admin/content/ef724db2-a098-4926-8fdc-4c76d4100556/report 3/7 Which playground design is your favorite? Overview 13% (18) 20% (28) 66% (91) Breakdowns Gender Responses broken down by the gender of the respondent. Currently, most public data only supports male, female, and unknown. 8% (5) 20% (12) 72% (44) Female 23% (8) 9% (3) 69% (24) Male 12% (5) 32% (13) 56% (23) unknown Age Range Responses broken down by age of the respondent. Respondents for whom age are unknown are not included in these breakdowns. 0% 0% 100% (2) 18-29 6% (2) 12% (4) 82% (27) 30-39 12% (4) 21% (7) 67% (22) 40-49 14% (1) 0% 86% (6) 50-59 A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite 2/2/2021 Polco https://polco.us/n/admin/content/ef724db2-a098-4926-8fdc-4c76d4100556/report 4/7 25% (3) 17% (2) 58% (7) 60-69 25% (2) 25% (2) 50% (4) 70-79 100% (1) 0% 0% 80-89 12% (5) 32% (13) 56% (23) unknown Precinct The geographic area in which the respondent lives. This is determined by the location of the reported household. 0% 0% 100% (1) BLOOMINGTON W-4 P-04 0% 0% 100% (1) COTTAGE GROVE P-10 0% 0% 100% (1) EAGAN P-06A 0% 0% 100% (1) EAGAN P-14 0% 100% (1) 0% MENDOTA CITY 30% (3) 20% (2) 50% (5) MENDOTA HTS P-1 25% (3) 0% 75% (9) MENDOTA HTS P-2 7% (3) 16% (7) 77% (33) MENDOTA HTS P-3 A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite 2/2/2021 Polco https://polco.us/n/admin/content/ef724db2-a098-4926-8fdc-4c76d4100556/report 5/7 0% 40% (4) 60% (6) MENDOTA HTS P-4 21% (3) 7% (1) 71% (10) MENDOTA HTS P-5 100% (1) 0% 0% WEST ST PAUL W-1 P-2 0% 0% 100% (1) WEST ST PAUL W-3 P-1 A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite A Playground Design A is my favorite B Playground Design B is my favorite C Playground Design C is my favorite 2/2/2021 Polco https://polco.us/n/admin/content/ef724db2-a098-4926-8fdc-4c76d4100556/report 6/7 Do you have children 12 or under living in your household? Overview 72% (99) 28% (39) Breakdowns Gender Responses broken down by the gender of the respondent. Currently, most public data only supports male, female, and unknown. 77% (47) 23% (14) Female 67% (24) 33% (12) Male 68% (28) 32% (13) unknown Age Range Responses broken down by age of the respondent. Respondents for whom age are unknown are not included in these breakdowns. 100% (2) 0% 18-29 91% (30) 9% (3) 30-39 88% (29) 12% (4) 40-49 63% (5) 38% (3) 50-59 25% (3) 75% (9) 60-69 25% (2) 75% (6) 70-79 0% 100% (1) 80-89 68% (28) 32% (13) unknown Precinct The geographic area in which the respondent lives. This is determined by the location of the reported household. 0% 100% (1) BLOOMINGTON W-4 P-04 100% (1) 0% COTTAGE GROVE P-10 A Yes B No A Yes B No A Yes B No A Yes B No A Yes B No A Yes B No A Yes B No A Yes B No A Yes B No A Yes B No A Yes B No A Yes B No A Yes B No A Yes B No 2/2/2021 Polco https://polco.us/n/admin/content/ef724db2-a098-4926-8fdc-4c76d4100556/report 7/7 0% 100% (1) EAGAN P-06A 0% 100% (1) EAGAN P-14 100% (1) 0% MENDOTA CITY 73% (8) 27% (3) MENDOTA HTS P-1 83% (10) 17% (2) MENDOTA HTS P-2 81% (35) 19% (8) MENDOTA HTS P-3 50% (5) 50% (5) MENDOTA HTS P-4 71% (10) 29% (4) MENDOTA HTS P-5 0% 100% (1) WEST ST PAUL W-1 P-2 100% (1) 0% WEST ST PAUL W-3 P-1 A Yes B No A Yes B No A Yes B No A Yes B No A Yes B No A Yes B No A Yes B No A Yes B No A Yes B No A Yes B No REQUEST FOR COUNCIL ACTION DATE: February 16, 2021 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2021-16 Mendota Heights Off-leash Dog Park Interim Use COMMENT: INTRODUCTION The Council is asked to extend the expired interim use permit for the Mendota Heights Off-leash Dog Park. BACKGROUND Mendota Heights City Council adopted Resolution 2015-60 on August 4, 2015 which allowed for a 5-year interim use for an off-leash dog park at city owned property on Acacia Boulevard. DISCUSSION The current interim use permit for the off-leash dog park expired on December 31, 2020. This park has become a popular attraction for dog owners in the area. Discussions during the 2040 Comprehensive Plan process alluded that this interim use may be reviewed to assess making it a permanent park. Due to the 2040 Comprehensive Plan not having final approval from the Metropolitan Council, the city is not able to proceed with a permanent land use change at the site. It is proposed that the existing interim use permit be extended for a period not to exceed 5 years to allow for its current use as an off-leash dog park BUDGET IMPACT Mendota Heights provides minimal funding for the upkeep at the off-leash dog park. Improvements are funded through Capital Improvement requests and the Parks Department Budget. RECOMMENDATION Staff recommends that City Council discuss the Off-leash Dog Park interim use and if desired to renew the permit, recommend a timeframe for the new permit. The recommended timeframe should be between one and five years. ACTION REQUIRED If the City Council desires to implement the five year recommendation, it should pass a motion adopting RESOLUTION 2021-16 RENWING AN INTERIM USE PERMIT FOR AN OFF- LEASH DOG PARK AT 1360 ACACIA BOULEVARD. This action requires a simple majority vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2021-16 RESOLUTION RENEWING AN INTERIM USE PERMIT FOR AN OFF-LEASH DOG PARK AT 1360 ACACIA BOULEVARD WHEREAS, The City of Mendota Heights desires to renew an interim use permit for an Off-leash dog park at 1360 Acacia Boulevard; and WHEREAS, The City of Mendota Heights, has applied for an interim use permit for an off-leash dog area as proposed in Planning Case 2015-30 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on July 28, 2015. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the interim use permit request as proposed in Planning Case 2015-30 is hereby approved based on the findings of fact that the proposed project complies with the policies and standards of the City Code and is consistent with the Comprehensive Plan. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the interim use permit request as proposed in Planning Case 2015-30 is hereby approved with the following conditions: 1. The interim use shall be terminated by December 31, 2025, or upon the properties being sold by the City, whichever comes first, but may be renewed as provided for by the City Code. 2. The interim use permit is periodically reviewed to ensure compliance with the applicable codes and policies and, if necessary, amended or revoked accordingly. 3. A fence permit is obtained. Adopted by the City Council of the City of Mendota Heights this sixteenth day of February, 2021. CITY COUNCIL CITY OF MENDOTA HEIGHTS _____________________________ Stephanie Levine, Mayor ATTEST: ______________________________ Lorri Smith, City Clerk EXHIBIT A Legal Descriptions PID: 27-57000-02-020 Perrons Place, Lot 2, Block 2 PID: 27-57000-02-030 Perrons Place, Lot 3, Block 2 PID: 27-57000-02-031 Perrons Place, Lot 3, Block 2 PID: 27-57000-02-040 Perrons Place, Lot 4, Block 2 PID: 27-57000-02-050 Perrons Place, Lot 5, Block 2 PID: 27-57000-02-051 Perrons Place, Lot 5, Block 2 PID: 27-57000-02-071 Perrons Place, Lot 7, Block 2 PID: 27-57000-02-131 Perrons Place, Lot 13, Block 2 PID: 27-57000-02-081 Perrons Place, Lot 8, Block 2 DATE: February 16, 2021 TO: Mayor and City Council FROM: Cheryl Jacobson, Assistant City Administrator Mark McNeill, City Administrator SUBJECT: Strategic Goal Setting Follow-up Comment: Introduction: At the February 16 meeting, the City Council will consider a follow-up to the discussions which took place at its February 9 Goal Setting work session. Background: The City Council met in the work session to establish goals for the City organization to pursue over the next two years. Each Councilor was asked to provide five goals, and the City Council was also asked to give direction on several unrealized goals which had been identified in 2019 and 2020. At the end of the February 9 meeting, the Council was informed that it would be given an opportunity to prioritize the stated goals, in advance of the February 16 City Council meeting. However, because of the varying scope of the Councilors’ stated goals, staff determined that the final product would be easier to follow and solutions implemented if the stated goals could be grouped into a number of similar Strategic Priority Areas. The five priority areas determined by staff are: •Enhance City Governance and Services •Create a Vision for City Development and Redevelopment Areas •Maintain and Improve City Infrastructure and Assets •Encourage & Support Park Opportunities and Improvements •Conserve, Protect, and Enhance Natural Resources Staff assigned the 25-plus goals identified by Council into the priority areas. Then, rather than have the City Council prioritize the individual goals within the entire group, staff instead has assigned those strategy goals into those which might be accomplished in 2021; those which can wait to be done in 2022; which goals might take both years; and finally, which goals need to be “parked” until other related decisions can be made. For example, several of the parks goals are interrelated. The goals of developing the Bourne Lane property into a regional sporting venue, or installing lights at the field at Civic Center Park will depend on a source of funding, and whether the Council wants to develop the Bourne Lane parcel for recreation, or instead develop it as a property tax producing residential or commercial property. If the decision is made to proceed with it as a recreation opportunity, how it will that be financed—through a referendum, a levy, or a redirecting of a current levy—must be decided. For these reasons, several of the parks and recreation items have been placed in the “Parked” column. Other goals can’t be adequately addressed until the City is in a “post-pandemic” world. Goals which are currently underway, or were identified by staff in a separate goal exercise, are not assigned to the Priority Areas, but instead are listed at the end of the draft document. The document showing staff’s suggested allocation of the goals, and recommended dates of implementation is attached. Staff will present this document at the February 16 meeting, and invite more City Council discussion and direction. Once the Council has agreed to the priorities, staff will then assign the individual tasks to the appropriate staff member, identify target dates, and recommended action steps by which to achieve the goals. That plan would then be returned for review and adoption by the Council at a future meeting. Action Required: The Council should review, discuss, and provide staff with direction. Cheryl Jacobson, Mark McNeill Assistant City Administrator City Administrator Proposed Priority: Enhance City Governance and Services Strategy Action Item (Examples) Action Priority 2021 2022 Parked Enhance connections with community partners, businesses and residents • Offer and/or support community social events and programming such as summer and winter festivals, additional concerts, etc. ONGOING • Continue to inform residents about COVID-19 and the city’s response to the “new normal” post pandemic ONGOING • Encourage and partner on programs to support local businesses (e.g. Takeout Tuesdays)  • Create a City Ambassador Program  Cultivate civic engagement and participation • Establish a resident Civics Academy  Attract, retain and develop a qualified workforce • Assess the morale of employees by conducting an employee survey  • Conduct a “table top” exercise practicing emergency management operations and test the functionality of the Mendota Heights Emergency Operations Center (Fire Station training room)  Promote recognition of Mendota Heights through area brand development • Work with the Northern Dakota County Chamber of Commerce and area businesses to study costs/benefits of implementing a city hotel lodging tax  Proposed Priority: Create a Vision for City Development and Redevelopment Areas Strategy Action Item (Examples) Action Priority 2021 2022 Parked Analyze options and decide development of Bourne Lane property • Determine desired use of the property (i.e. park, regional sporting venue, tax base).  Create a clear and understandable Zoning Code in order to meet projected growth and market demands • Conduct a comprehensive review and revise, as needed, Zoning Code Ordinances to reflect changes made in the 2040 Comprehensive Plan (e.g. MRCCA, Institutional Zoning, general text revisions)  Support worker mobility and resident technology use by addressing the lack of cellular capacity in the city • Investigate the feasibility and benefits of cellular network providers installing small cell network coverage nodes within Mendota Heights  Proposed Priority: Maintain and Improve City Infrastructure and Assets Strategy Action Item (Examples) Action Priority 2021 2022 Parked Address City Hall and Police Department Building Safety and Functionality Improvements • Decide timing of recommended improvements from the City Hall/Police Department building/space needs assessment  Revise long range infrastructure management and improvement plan • Update City Capital Improvement Plan to expand sections on equipment, facilities, parks and Public Works (e.g. rolling 5-year plan)  Manage traffic congestion and improve high use roadways • Continue to participate in regional discussions and solutions for Dodd Road, Delaware Avenue and the Viking Lakes development impacts  Proposed Priority: Encourage & Support Park Opportunities and Improvements Strategy Action Item (Examples) Action Priority 2021 2022 Parked Determine dedicated funding source(s) to support Mendota Heights parks • Research and develop a proposal for resident consideration of a Parks Referendum  • Determine future use of Par 3 bond payment dollars and plan for 2023 availability  Upgrade existing park and recreation facilities • Replace Wentworth Warming House  • Add lights to Civic Center Park  • Add dugouts to baseball/softball fields at Mendakota Park  • Add lights to baseball/softball fields at Mendakota Park  • Add markers and other signage to the city trail system  Reimagine Park/Public space to maximize use • Create use plan for vacant Friendly Hills Tot Lot (e.g. as community garden)  • Consider feasibility of Bourne Lane property as future park space/regional sporting venue  Proposed Priority: Conserve, Protect and Enhance Natural Resources Strategy Action Item (Examples) Action Priority 2021 2022 Parked Establish a Natural Resources Advisory Commission • Formally approve the creation and develop new commission bylaws and structure; advertise and appoint commission members  Determine dedicated funding sources to support Natural Resources policies and activities • Establish annual city budget for natural resources for FY22  • Determine future use of Par 3 bond payment dollars and plan for 2023 availability  Join Minnesota GreenStep City Program • Determine city process and take actions needed to complete organizing steps to becoming a recognized GreenStep City  Develop seasonal maintenance strategies and policies that support the environment • Continue to implement road salt reduction practices including maximized use of a brine system for snow and ice control ONGOING Retain and reclaim natural sites throughout the city • Evaluate mowing standards within Park Maintenance and develop natural areas plan and standards to further promote pollinator friendly habitat  Continue to assess City tree/shade canopy and re-evaluate/revise response strategies • Reevaluate and update Emerald Ash Borer Tree Replacement and Treatment Policy  • Establish standards/specifications to continue to diversify tree species used in tree inventory replacements  Protect Surface Water Quality • Implement priorities identified in the existing plan  (remaining page left intentionally blank) Personnel/Governing Comprehensive Update to Personnel Policies Admin Update Employee Safety Program Admin/Police (including conducting regular Active Shooter Training) Public Safety Issues Evaluate Police Calls for Service Response Police Technology Research replacement of City Finance Software (accounting, payroll, etc.) Finance Research cost/benefit of implementing Building Permit software CD/Admin Establish RFP for Comprehensive Website Redesign Admin Improve Efficiency of Police Technology Police Address Building Issues Present City Hall/Police Department Space Needs Recommendations Admin/Police Improve Police Building Security Police Development Present Options for Bourne Site development CD Adopt and implement final 2040 Comp Plan Update CD Parks Improvement Needs Identify and Prioritize CIP for Post-Par 3 Bond Payoff Admin/Finance Research Volunteer Opportunities for Trails/Parks Admin/Police/PW Additional city staff priorities planned or in progress for 2021-2022: Orientation & Training for Boards and Commissions/ Council Admin Improve and increase use Electronic Storage/Document Imaging Admin Develop key position Succession Plan process with Council Admin Update Council Chambers A/V (depends on space needs study) Admin Improve Physical and Mental Employee Wellness Opportunities Police/Admin Update Service Contracts with Neighboring Cities Police/Fire Automate Fire Attendance Sheets Fire Develop and Utilize New Training Opportunities for EOC Fire Make Permanent Dog Park Designation CD/PW Estimate PW Physical Improvements (Parking Lot, Salt Storage) PW Research Green Step Cities PW Acronym Key: CD = Community Development Admin = Administration PW = Public Works Page 4