2021-05-18 Council agenda packetCITY OF MENDOTA HEIGHTS
CITY COUNCIL AGENDA
May 18, 2021 – 6:00 pm
Mendota Heights City Hall
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Adopt Agenda
5. Consent Agenda
a. Approve the May 4, 2021 City Council Minutes
b. Acknowledge the April 13, 2021 Parks and Recreation Commission Meeting Minutes
c. Approve Resolution 2021-41 Final Payment and Acceptance of the 2020 Sanitary Sewer
Cleaning & Televising
d. Approve Resolution 2021-42 Authorizing the Disposal of Obsolete Furnishings
e. Approve Minnesota Historical Society Heritage Partnership Program Grant Agreement
f. Approve Sewer Rate Study
g. Approve Resolution 2021-38 Authorizing Participation In The All Hazard Mitigation Planning
Process With Dakota County
h. Approve the Purchase and Implementation of NEOGOV Human Resources Software
i. Approve Conservation Partners Legacy Grant Program Agreement
j. Approve Dakota County Aquatic Invasive Species Grant Program Agreement
k. Annual Par 3 Senior Golf Pass
l. Approve Acquisition Method for New Fire Truck
m. Approve the April 2021 Fire Synopsis
n. Approve April 2021 Building Activity Report
o. Approval of Claims List
6. Citizen Comment Period (for items not on the agenda)
*See guidelines below
7. Public Hearings
a. Resolution 2021-40 Mendota Heights Road Right-of-Way Vacation
8. New and Unfinished Business
a. Approve Right-of-Way License Agreement for 569 Miriam Street
b. Use of Lights at Marie Park for Night Time Pickleball Play
c. Resolution 2021-39 Recognition of National Public Works Week
d. Set City Council Work Session Meeting date
9. Community Announcements
10. Council Comments
11. 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.”
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 .
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, May 4, 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.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Levine presented the agenda for adoption. Councilor Duggan moved adoption of the agenda.
Councilor Miller seconded the motion.
A roll call vote was performed:
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
CONSENT CALENDAR
Mayor Levine presented the consent calendar and explained the procedure for discussion and approval.
Councilor Duggan moved approval of the consent calendar as presented, pulling item e. for a separate
vote.
a.Approval of April 20, 2021 City Council Minutes
b. Approval of April 28, 2021 Council Work Session Minutes
c.Acknowledgement of the February 23, 2021 Planning Commission Meeting Minutes
d. Acknowledgement of the March 23, 2021 Planning Commission Work Session Minutes
e.Appointment of City Representatives to Serve on the MSP Noise Oversight Committee
f.Approve Interior Painting Quote for Public Works Facility
g.Approve Resolution 2021-37 Final Payment for Eight Contracts for Fire Station
Addition/Remodel
h. Approve March 2021 Fire Synopsis
i. Approval of Claims List
Councilor Paper seconded the motion.
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
Councilor Duggan aye
PULLED CONSENT AGENDA ITEMS
E) APPOINTMENT OF CITY REPRESENTATIVES TO SERVE ON THE MSP NOISE
OVERSIGHT COMMITTEE
Mayor Levine acknowledged those individuals that will serve on the Noise Oversight Committee and as
alternates.
City Administrator Mark McNeill stated that for the past four years Councilor Miller has served as the
primary representative but due to his work schedule it is recommended that Assistant City Administrator
Cheryl Jacobson be appointed to serve.
Mayor Levine thanked Councilor Miller for his service and welcomed Assistant City Administrator Cheryl
Jacobson to the position. She also thanked the willingness of ARC members Gina Norling sand Arvind
Sharma to serve as alternates.
Councilor Duggan moved to approve APPOINTMENT OF CITY REPRESENTATIVES TO SERVE ON
THE MSP NOISE OVERSIGHT COMMITTEE.
Councilor Mazzitello seconded the motion.
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
Councilor Duggan aye
Councilor Mazzitello aye
PUBLIC COMMENTS
Bernard Friel, 750 Mohican Lane, stated that he viewed the one hour and 54 minute training that was
recently provided to the Planning Commission and believed it was a great training session. He hoped that
additional sessions on PUD, CUP, Comprehensive Plan, and zoning would be conducted.
He stated that the City has a representative to the Metropolitan Council but doubted that the Council has
ever met with that representative or has knowledge of how that representative is supposed to represent the
City. He hoped that the Council and City are tracking both positive and negative aspects of recent
development activities within the City and neighboring communities.
PUBLIC HEARING
A) APPEAL OF ZONING DECISION FOR MASSAGE THERAPY USE AS A HOME
OCCUPATION IN THE R-1 FAMILY RESIDENTIAL ZONE (RESOLUTION 2021-36)
Community Development Director Tim Benetti explained that the Council was being asked to consider a
resolution affirming a decision from the Board of Appeals denying an appeal to allow a massage therapy
business as a home occupation in the R-1 Family Residential District. The Appellant is Ms. Julie Olson.
Councilor Paper asked if the renovation of the barn included a certificate of occupancy for people to live
there. Mr. Benetti stated that the CUP was approved to allow the barn to be used as living space, but the
Council indicated that this would be considered an accessory structure because it was being utilized as a
guest house and is not used year-round.
Councilor Paper asked what the City calls this type of structure. Mr. Benetti replied that this is considered
an accessory structure. He stated that the structure is setup for living space with plumbing, mechanicals,
a bedroom, and kitchen set but is not insulated for year-round use.
Councilor Duggan asked if there is any underlying zoning or description indicating that this property is
indeed a residence. Mr. Benetti commented that the driveway does split to provide service to each
structure. He stated that there is also an asphalt parking pad in front of the barn.
Councilor Duggan asked and received confirmation that the property is not within a bluff area. He stated
that this seems to be an accessory structure and not a principal residence. He stated that he would like to
see the records from 2011 when this use was approved.
Councilor Duggan moved to open the public hearing.
Councilor Mazzitello seconded the motion.
Councilor Paper aye
Mayor Levine aye
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller aye
Ms. Julie Olson, applicant, stated that she has been a massage therapist for the past 18 years and has
maintained a license in good standing at each location she has worked. She stated that during the last
appeal decision and ruling there were possible options discussed which included a single use variance
for this property. She stated that she is open to any questions the Council may have.
Councilor Paper asked if there has been any discussion with the neighboring property owners and
whether they are aware of the request. Ms. Olson replied that she understands that neighboring
properties were notified with a letter from the City and that no questions arose.
Councilor Paper asked why the barn is being requested rather than a typical retail outlet. Ms. Olson
replied that the property owners have been clients of hers for many years and they offered this location
for her to use for her business. She stated that during the closures with COVID, she has had concern
with whether she would be able to make enough money to stay at her current location. The property
owners wanted to ensure she could continue her business and offered this as an alternative for her.
Councilor Duggan asked if anyone was present at the Planning Commission meeting from the
community that supported this request. Ms. Olson replied that no one else attended the meeting outside
of herself and the property owner.
Mayor Levine thanked the applicant for attending tonight and providing additional input.
There being no one else coming forward to speak, Councilor Miller moved to close the public hearing.
Councilor Mazzitello seconded the motion.
Mayor Levine aye
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Councilor Duggan commented that staff did a nice job putting together these materials and presenting
the case, as did the Planning Commission in its review. He stated that he has not found anything to
appeal the decision as found by the Board of Appeals.
Mayor Levine stated that this is a beautiful property and can understand why this would be requested but
did not see a compelling reason to provide a single use variance from the zoning regulations.
Mr. Benetti replied that State law prohibits a single use variance, noting that it is not allowed for a use that
is not permitted. He stated that the other alternative would be to allow massage therapy within the zoning
district but noted in the most recent review of the zoning regulations there was no support to allow this
use within this zoning district.
Councilor Duggan moved to adopt RESOLUTION 2021-36 AFFIRMING A DECISION FROM THE
BOARD OF APPEALS DENYING AN APPEAL TO ALLOW A MASSAGE THERAPY BUSINESS
AS A HOME OCCUPATION USE IN THE R-1 FAMILY RESIDENTIAL DISTRICT.
Councilor Mazzitello seconded the motion.
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
NEW AND UNFINISHED BUSINESS
A) RESOLUTION 2021-35 APPROVING A VARIANCE FOR 573 HIAWATHA AVENUE
– DALE KRYSTOSEK
Community Development Director Tim Benetti explained that the Council was being asked to adopt a
resolution approving a variance to reduce the setbacks from the side yard and rear yard areas, in order to
construct a new detached garage on a residential property. The property is located at 573 Hiawatha
Avenue and is owned by Mr. Dale Krystosek.
Councilor Miller commented that he believes that this will be a fantastic garage and addition once built.
He commented that the existing garage does not look safe and believed that the new garage would be quite
an improvement and recognized that the homeowner is willing to invest in that improvement.
Councilor Mazzitello recognized the thorough staff report and the diligence that is put into the review of
a variance request. He commented that this is not abnormal for this neighborhood. He stated that the new
garage would hold the same setback lines as the existing garage and would be an improvement to the
property, therefore it is reasonable.
Councilor Duggan moved to adopt RESOLUTION 2021-35 APPROVING A VARIANCE FOR
PROPERTY LOCATED AT 573 HIAWATHA AVENUE.
Councilor Mazzitello seconded the motion.
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
Councilor Duggan aye
COMMUNITY ANNOUNCEMENTS
City Administrator Mark McNeill announced the See a Truck event which will be held on May 15th at
Mendakota Park.
COUNCIL COMMENTS
Councilor Miller stated that he looks forward to seeing everyone in person at the second City Council
meeting in May.
Councilor Mazzitello commented that spring has sprung and brought about increased pedestrian, bicycle
and motorcycle traffic. He encouraged drivers to be aware of their surroundings and slow down.
Councilor Paper commented that he is also looking forward to seeing everyone in person at the next City
Council meeting.
Councilor Duggan recognized the upcoming Cinco de Mayo celebration and wished everyone blessings
and happiness. He also recognized the value and importance of teachers and applauded those that provide
that service. He wished everyone happy gardening days. He also recognized the resident comment related
to increased training for elected and appointed officials.
Mayor Levine thanked the community groups that participated in the city-wide cleanup for Arbor Day.
She also recognized the No-Mow May experiment and noted that additional details can be found online.
She recognized the work of Community Development Director Tim Benetti in preparation for tonight’s
meeting.
ADJOURN
Councilor Duggan moved to adjourn.
Councilor Mazzitello seconded the motion.
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
Councilor Duggan aye
Councilor Mazzitello aye
Mayor Levine adjourned the meeting at 6:42 p.m.
____________________________________
Stephanie Levine
Mayor
ATTEST:
_______________________________
Lorri Smith
City Clerk
CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA
PARKS AND RECREATION MEETING
April 13, 2021
The April meeting of the Mendota Heights Parks and Recreation Commission was held on
Tuesday, April 13, 2021, at Mendota Heights City Hall, 1101 Victoria Curve.
1.Call to Order – Acting Chair Bob Klepperich called the meeting to order at 6:30 p.m.
Chair Goldade joined the meeting.
2. Introduction of Student Representative
Recreation Program Coordinator Meredith Lawrence introduced the new Student
Representative Niko Hess and provided background information on Mr. Hess.
Chair Goldade welcomed Student Representative Hess to the Commission and thanked the
other students that applied for the position as well. He stated that Mr. Hess’s experience with
the City’s nature areas and wetlands really set his application apart.
Student Representative Hess introduced himself and provided background information on his
experience with the nature center and wetland initiative.
3. Roll Call – The following Commissioners were present: Chair Steve Goldade,
Commissioners: Jaffrey Blanks, Patrick Cotter, Bob Klepperich, Stephanie Meyer, Dan Sherer
and Amy Smith; and Student Representative Niko Hess. Staff present: Recreation Program
Coordinator, Meredith Lawrence, Assistant City Administrator, Cheryl Jacobson and Public
Works Director, Ryan Ruzek.
4. Pledge of Allegiance
The Pledge of Allegiance was recited.
6. Approval of Agenda
Motion Klepperich/second Cotter, to approve the agenda.
A roll call vote was performed:
Commissioner Smith aye
Commissioner Blanks aye
Commissioner Cotter aye
Commissioner Sherer aye
Commissioner Meyer aye
Commissioner Klepperich aye
Chair Goldade aye
6.a Approval of Minutes from March 9, 2021 Regular Meeting
Motion Klepperich/second Cotter to approve the minutes of the March 9, 2021 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 Blanks aye
7. Citizen Comment Period (for items not on the agenda)
None.
8. Acknowledgement of Reports
Chair Goldade read the titles of the three updates (Par 3, Recreation, Park Improvement, and
Skate Park Updates) and polled the Commissioners for questions.
8.a Par 3 Update
Recreation Program Coordinator Meredith Lawrence reported that the course opened early this
season compared to other years but has had times when it has been closed due to snow. She
stated that there are COVID-19 procedures in place and the City is following all regulations.
She stated that the well rehabilitation project is almost complete. She stated that it was a good
winter and while they will continue to address thatch issues; there are no turf issues. She stated
that the new logo is being utilized with marketing items updated. She stated that there is a
family kickoff golf event coming up.
Chair Goldade commented that the Par 3 continues to be an asset to the community, its
residents, and residents of surrounding communities. He stated that he is pleased to see the
family event offering on May 1st.
8.b Recreation Update
Recreation Program Coordinator Meredith Lawrence noted that recreation program registration
is open. She encouraged residents to register for the waitlist if all spots are taken at this time as
additional spots may become available if orders from the Governor are changed. She stated
that MHAA submitted a request to the City for a tournament waiver for both basement and
softball at Mendakota Park. She stated that the Council reviewed the request and approved it
on April 6th. She stated that the Council also made a decision related to the field and facility use
policy related to tennis court reservations and provided an update. She stated that canoe rack
rental spaces have all been reserved by Mendota Heights residents. She provided an update
on the “See-a-Truck” event that is scheduled for May 15th.
Commissioner Cotter asked if there was greater interest from residents in canoe rack rentals
above the allotted spaces.
Ms. Lawrence commented that she has not received any other requests but noted that
additional requests may come forward in the future.
Commissioner Meyer asked if there have been problems with tennis court reservations.
Ms. Lawrence commented that people want to reserve the new courts at Marie Park and there
were residents concerned that they would not be able to use the courts because they were
reserved for a large portion of the day. She stated that some of the reservation requests were
related to lessons and there were no parameters around that type of use. She explained that
under the policy there was a $25 application fee, but outside of that someone could reserve the
court throughout the summer to provide lessons and only pay $25 for unlimited use. She stated
that in addition to the application fee, reservations now have a $5 fee per time reserved and
reservations can only be submitted by residents and not by coaches.
Chair Goldade asked how someone would know a court is reserved.
Ms. Lawrence commented that a permit holder must bring the permit with them. She stated that
there is no formal training for someone that obtains a permit. She stated that if someone is
using the court at time of reservation the permit holder is instructed to show their permit
respectfully and if there is an issue, the Recreation Program Coordinator can come to the court
to address the issue. She stated that there have not been issues that could not be addressed.
She commented that there is not a public listing of reservations, as it would be difficult to keep
those records accurate.
Chair Goldade asked if the See-a-Truck event is a standalone event or meant to replace the
Parks Celebration event that typically occurs in June.
Ms. Lawrence replied that staff has been discussing that prior to the meeting, noting that a
formal decision has not been made on the Parks Celebration, as they are still awaiting further
guidance from the Governor. She stated that currently park events are limited to 250
participants, and being that MHAA has a tournament the weekend of the Parks Celebration, the
event would exceed that limit and most likely will not occur in June this year.
Chair Goldade asked if the Officer Scott Patrick 5K will be held virtually or in person this year.
Ms. Lawrence replied that she has been working with Neil Garlock on the 5K and they are
hoping to hold the event in person, as long as the proper CDC and Department of Health
guidelines can be followed. She stated that if the event cannot be held in person, the event
could continue virtually.
8.c Parks Improvement Update
Recreation Program Coordinator Meredith Lawrence noted that demolition will begin the
following day for the Marie Park playground. She provided an update on tree removal at
Mendakota Park and Wentworth Park. She stated that staff has been working on the Park
Asset Management Plan and hoped to present a draft to the Commission at the May meeting.
Commissioner Meyer commented that when she was at Marie Park the previous weekend some
of the neighbors asked if there are plans for the existing mulch, specifically if neighbors could
take the mulch for use in their yards.
Ms. Lawrence commented that staff is not planning to utilize the mulch for the new playground.
She stated that the contractor is in charge of the process, therefore she was unsure if residents
could go to the park to take mulch. She said she could look into it more.
Chair Goldade asked for a review on why the Marie Park playground is being replaced for those
residents that may be watching tonight and have not heard previous presentations.
Ms. Lawrence replied that the playground is being replaced because it is at the end of its useful
life. She stated that they are spending more time on maintenance for those playground items,
and playground safety regulations have changed and need to be complied with. She
commented that the deceased tree will also be removed as part of the project.
8.d Skate Park Update
Recreation Program Coordinator Meredith Lawrence commented that the workgroup has been
put on hold as the City is undergoing strategic planning in order to prioritize park projects,
budgeting, and long-term goals. She stated that strategic planning will be discussed later on
tonight’s agenda. She stated that a future project is not canceled but has been put on hold.
She noted that staff is working to address the existing maintenance issues at the existing Skate
Park until the time an improvement project could move forward.
Chair Goldade commented that he continues to be impressed with the ideas he receives from
residents related to the Skate Park. He thanked the members of the work group for their work
and continued participation in the future.
Commissioner Klepperich commented that one of the main accomplishments of the work group
was to create an excellent sign with expectations and rules. He stated that the sign will be
installed for this season at the Skate Park.
Motion Sherer/second Klepperich to acknowledge the staff reports.
A roll call vote was performed:
Commissioner Cotter aye
Commissioner Smith aye
Commissioner Blanks aye
Commissioner Klepperich aye
Chair Goldade aye
Commissioner Sherer aye
Commissioner Meyer aye
9. New Business
9.a Park, Recreation, and Par 3 Annual Report
Recreation Program Coordinator Meredith Lawrence presented that Park, Recreation and Par 3
Annual Report. She reviewed the impacts of COVID-19, field and facility use, recreational
program review, and 2021 plans related to parks and recreation. She also reviewed the impacts
of COVID-19, usage review, financial review, and 2021 plans for the Par 3.
Chair Goldade asked if there is an app families could use to prepay for golf. He asked if there is
a way to find families of four who could golf during a weekday for under $40. He commended
the City for its practices during the challenges of COVID-19.
Student Representative Hess asked how advertising and outreach is done for the youth golf
leagues.
Ms. Lawrence reviewed the different marketing that is done, including flyers at the schools. She
welcomed additional ideas.
Chair Goldade asked the definition of youth.
Ms. Lawrence replied that there are different age ranges for the different program offerings in
order to provide programming to everyone.
Commissioner Sherer thanked staff for the presentation and recap of the last year. He stated
that when golfing recently his son pointed out the solar panels on the maintenance shed that
appear shattered and asked for details on how those could be repaired.
Ms. Lawrence commented that she also noticed the damage and will reach out to the vendor to
address that issue.
Commissioner Cotter asked if there were more than 250 residents attending the movies and
concerts in the park last summer.
Ms. Lawrence replied that she does have attendance numbers, but not in front of her. She
stated that there was only one event where residents had to be turned away because capacity
had been reached.
Chair Goldade thanked staff for the report and continued hard work.
9.b Park Bench Donation
Public Works Director Ryan Ruzek provided details on the City’s park donation policy and stated
that a resident has provided a request to donate a park bench. He stated that this is the
resident’s second park bench donation request. He stated that this resident is requesting to
place the bench next to the original park she donated at Rogers Lake. He commented that
Public Works would plan to install a table between the benches.
Chair Goldade asked the distance between the benches.
Mr. Ruzek commented that the table would be small and estimated about three feet between
the benches.
Commissioner Cotter thanked the resident for her donation. He stated that an additional bench
and table will provide another asset to that park. He also thanked Public Works for their
willingness to make this project work.
Motion Cotter/second Smith to accept the park bench donation as proposed.
A roll call vote was performed:
Commissioner Blanks aye
Commissioner Klepperich aye
Commissioner Meyer aye
Commissioner Sherer aye
Commissioner Smith aye
Chair Goldade aye
Commissioner Cotter aye
Chair Goldade thanked the resident for her donation. He stated that if other residents are
interested in donating park benches, they can reach out city staff via email or telephone.
9.c Park Strategic Planning
Assistant City Administrator Cheryl Jacobson asked for the participation of the Commission in
an upcoming strategic planning session with the Council and City staff related to parks. She
provided details on the facilitator, location, potential dates, length of sessions, and topics for
discussion.
It was the consensus of the Commission to support the dates of June 2nd and June 8th.
Ms. Jacobson stated that she will work with the Council and the City Administrator to schedule
the dates of June 2nd and June 8th from 3:15 to 9:15 p.m. She thanked the members of the
Commission for their participation in these planning sessions.
Chair Goldade asked for details on Huelife and whether a residents owns that company.
Ms. Jacobson commented that Huelife is a local company, and the City received that referral
from another municipality that recently completed parks strategic planning using that firm.
Chair Goldade asked if this could be groundwork for a future park referendum.
Ms. Jacobson confirmed that to be true. She stated that this information would be used in the
financial and budgeting discussions that would be necessary to come to a conclusion related to
a possible referendum.
9.d Ivy Hills Park – Trail Connection
Public Works Director Ryan Ruzek provided an update on the street rehabilitation the City will
be completing this year, noting that this section is adjacent to Ivy Hills Park. He noted that the
City received a comment from a resident in that area related to a lack of trail connections in that
area. He noted that this project would propose to provide an eight-foot trail connection to Ivy
Hills Park that would utilize an existing 60-foot right-of-way. He noted that staff would work with
adjacent property owners to address any concerns related to screening. He estimated a cost of
$50,000 for the trail connection noting that the City would bond for the cost of the trail
connection in conjunction with the road project.
Commissioner Sherer asked if the project would be put out to bid or completed in-house using
staff.
Mr. Ruzek confirmed that this would be a line item within the overall project that would be out for
bid.
Chair Goldade asked if there are any other projects within the park that could be done in
conjunction with the project.
Mr. Ruzek replied that the existing trails and parking lot were overlaid about 10 years ago and
do not require additional maintenance at this time. He confirmed that the basketball court is
concrete and therefore would not be eligible for pavement improvements using asphalt.
Commissioner Sherer recognized the desire to make the paths ADA accessible. He referenced
the slope, which would not meet ADA requirements.
Mr. Ruzek stated that the grade would simply require a landing pad in order to be ADA
compliant and confirmed that element is included in the plans.
Commissioner Klepperich commented that he will review the area where the trail is to be
constructed prior to the next meeting as that is his assigned park.
10. Unfinished Business
None.
11. Staff Announcements
Recreation Program Coordinator Meredith Lawrence shared the following announcements:
• Positions are posted for golf and tennis instructors on the City website
• Other events can be found on the city’s website
12. Student Representative Update
No comments.
13. Commission Comments and Park Updates
Commissioner Blanks
• Residents have asked about the basketball hoop at Valley Park that was removed
Public Works Director Ryan Ruzek commented that Public Works purchased a new adjustable
hoop and noted that he could follow up on when installation will occur.
Commissioner Blanks commented that it is nice to see more activity in the parks with the
warmer weather.
Commissioner Sherer
• Market Square Park has a lot of activity with people having coffee and enjoying social
activity
• The container border is loose for the playground, the basketball courts are heavily used,
the grading of the basketball courts cause balls to roll towards the ponds and perhaps a
small fence/barrier would assist, and attention is needed in the areas where seeding was
completed at Hagstrom King
• The weed barrier fabric at Mendakota has been pulled up and needs attention
• Kensington is due for new mulch and the digger area could use attention
• A ladder rung appears crooked at Wentworth
Commissioner Smith
• Agreed that the digger area needs attention, and more wood chips would be helpful at
Kensington
• Updates to the Friendly Hills basketball court could take pressure off Hagstrom King
• Asked when the hockey court would be striped for pickleball
Ms. Lawrence replied that she is hopeful that the City would go out for quotes on that project
soon. She stated that new mulch has been purchased and all of the playgrounds in need of
attention will receive mulch.
Commissioner Cotter
• Hopefully more ability to fish and use the dock and canoe rack amenities at Rogers Lake
this summer
• He is optimistic that the Skate Park could have a good year in its existing location
• It is incredible to see the increased use of the parks throughout the community
• The Dog Park continues to be extremely popular
Commissioner Klepperich
• Civic Center Park baseball field has been used for batting practice by some residents
• A resident commented that Ivy Hills Park is in wonderful condition and the Commission
should be proud of it
• Thanked staff for the excellent reporting and continued efforts to prepare for meetings
Commissioner Meyer
• Victoria Highlands will be a new destination for residents that typically use Marie Park
• The neighborhood is excited about the Marie Park playground construction to begin
Chair Goldade
• Tennis, pickleball, and basketball users continue to have great interaction at Marie Park
with users in a wide range of ages
• A resident asked that the landscaping near the sign be updated
• Was the plastic lining from the hockey rink saved for Wentworth
Ms. Lawrence commented that lining was unable to be saved and the City would likely purchase
a new liner next year.
Chair Goldade commented that he will be gather input from elementary students on the Valley
View Heights Park playground.
14. Adjourn
Motion Blanks/Second Sherer to adjourn the meeting at 8:19 PM
A roll call vote was performed:
Commissioner Cotter aye
Commissioner Meyer aye
Chair Goldade aye
Commissioner Blanks aye
Commissioner Smith aye
Commissioner Klepperich aye
Commissioner Sherer aye
Minutes drafted by:
Amanda Staple
TimeSaver Off Site Secretarial, Inc.
REQUEST FOR COUNCIL ACTION
DATE: May 18, 2021
TO: Mayor, City Council, and City Administrator
FROM: Bobby Crane, Senior Engineering Technician
SUBJECT: Final Payment and Acceptance of the 2020 Sanitary Sewer Cleaning & Televising
– Project #202004
COMMENT:
INTRODUCTION
The Council is asked to approve Resolution 2021-41, to accept work and approve the final
payment for project #202004.
BACKGROUND
Mendota Heights’ sanitary sewer system is maintained so that each pipe is dealt with once every
six years.
City Council awarded the 2020 cleaning and televising contract to Hydro-Klean, Inc. at their
October 7, 2020, City Council meeting for their low bid of $63,247.53.
DISCUSSION
The contract work for the 2020 Sanitary Cleaning & Televising 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 final payment has been submitted.
The final payment for this contract is $14,501.61 including retainage. With a minor reduction in
the previously estimated amount of services needed to complete the project, the total cost for the
project was $61,499.16 and is $1,748.37 under the original contracted amount.
BUDGET IMPACT
There are sufficient funds in the Sanitary Sewer Utility Fund to cover the final payment.
RECOMMENDATION
Staff recommends that the Mendota Heights City Council approve the attached Resolution No.
2021-41 “RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR
PROJECT #202004”
ACTION REQUIRED
If Council concurs with the staff recommendation, they should pass a motion adopting
Resolution No. 2021-41 “RESOLUTION ACCEPTING WORK AND APPROVING FINAL
PAYMENT FOR PROJECT #202004”, by simple majority vote.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-41
RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT
FOR PROJECT #202004
WHEREAS, pursuant to a written contract with the City of Mendota Heights on
October 7, 2020, with Kydro-Klean, Inc. of Des Moines, IA, has satisfactorily completed
the improvements for the 2020 Sanitary Sewer Cleaning & Televising – Project #202004,
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.
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
$14,501.61, taking the contractor’s receipt in full.
Adopted by the City Council of the City of Mendota Heights this eighteenth day of May,
2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
ATTEST __________________________
Stephanie Levine, Mayor
____________________________
Lorri Smith, City Clerk
Date: May 18, 2021
TO: Mayor, Council and City Administrator
FROM: Mark McNeill, City Administrator
SUBJECT: Resolution 2021-42 Authorizing the Disposal of Obsolete Furnishings
COMMENT:
Introduction
The City Council is asked to declare certain obsolete pieces of office furniture as being surplus,
and authorize their disposal.
Background
State law requires that City Council declare materials which are no longer to be used as being
obsolete or surplus, and authorize their disposal by an appropriate method.
The City currently has 8 office roller-based chairs which were previously in the Police
Department and City Hall, and three upholstered benches which were formerly located in the
City Hall lobby.
The furnishings are stained or otherwise hard to disinfect. Efforts have been made to donate
them to charitable organizations. However, because the furnishings are commercial in character
(rather than residential), and because of the volume of pandemic-related donations, there were no
takers. If approved, the portions which can’t be recycled would be landfilled.
Recommendation
I recommend that the furnishings be declared surplus property, and that they be authorized for
disposal.
Action Required
If the Council concurs, it should, by motion, approve the following Resolution 2021-42:
A RESOLUTION DECLARING CERTAIN CITY HALL FURNISHINGS TO BE SURPLUS,
AND AUTHORIZING DISPOSITION
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-42
A RESOLUTION DECLARING CERTAIN CITY HALL FURNISHINGS TO BE
SURPLUS, AND AUTHORIZING DISPOSITION
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, the City Administrator recommends that following materials
currently owned by the City should be considered surplus property:
8 roller-based Office Chairs
3 Fabric-covered Benches; and
WHEREAS, the City Council of the City of Mendota Heights has duly considered
this matter and declares the afore listed material to be surplus, and of no further need or
value to the City; and
WHEREAS, efforts to donate the surplus furnishings have been unsuccessful, and
so the portions of the furnishings which can’t be recycled should be landfilled or
otherwise disposed.
NOW THEREFORE BE IT RESOLVED, the Mendota Heights City Council
hereby declares the listed furnishings to be surplus, and authorizes staff to recycle or
dispose of same.
Adopted by the City Council of the City of Mendota Heights this 18th day of May, 2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
ATTEST ___________________________
Stephanie Levine, Mayor
_______________________
Lorri Smith, City Clerk
REQUEST FOR COUNCIL ACTION
DATE: May 18, 2021
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
Krista Spreiter, Natural Resources Technician
SUBJECT: Approve Minnesota Historical Society Heritage Partnership Program Grant
Agreement
COMMENT:
INTRODUCTION
The City Council is asked to approve an agreement with the Minnesota Historical Society for the
Oȟéyawahe/Pilot Knob Interpretive Program Partnership Grant.
BACKGROUND
The City, on behalf of the Pilot Knob Task force and its partners, submitted a grant application to
the Minnesota Historical Society (MHS) for its Heritage Partnership Program Grant program.
The City and its partners (Dakota County and the Pilot Knob Preservation Association) were
awarded the grant from MHS on May 7th, 2021, in the amount of $44,500, the full amount
requested and total estimated project cost.
The grant award requires a $23,000 match, that will be provided using both in-kind and cash-
match funds. Cash match funds in the amount of $9,500, will be provided by the City of
Mendota Heights, Dakota County, and private donations, which are listed below. Remaining
matching funds will provided as in-kind services by task force members. Grant funds are
provided to the City on an installment basis of 90% of the grant award once the grant agreement
has been full executed. The 10% remaining funds will be released as final payment after the
work is complete and financial documentation and report has been accepted by MHS.
Cash Match:
•City of Mendota Heights: $4,000 from operating budget
•Private Donations: $1,500 pledged
•Dakota County: $4,000 from 2021 County Parks Capital Improvement Program budget
The project entails hiring a consultant to develop a conceptual design for interpretation, focusing
on engagement with the indigenous community, and research and documentation of site history,
in order to provide a thorough and comprehensive interpretation and educational experience for
school groups, tour groups, and members of the public.
DISCUSSION
The grant period begins once the State has obtained all required signatures, and ends June 1,
2022, and when all obligations have been satisfactorily fulfilled. Financial documentation is to
be submitted by the City by July 1st, 2022.
BUDGET IMPACT
The grant agreement requires a $4,000 cash match that the City would provide. These matching
funds would be taken from the City’s operating budget.
RECOMMENDATION
Staff recommends that the City Council approve the Oȟéyawahe/Pilot Knob Interpretive
Program Partnership Grant agreement with the Minnesota Historical Society and authorize the
Mayor and City Clerk to execute such agreement.
ACTION REQUIRED
If the Council concurs, it should, by motion, approve the attached Minnesota Historical Society
Heritage Partnership Program Grant Agreement contract to be executed by the Mayor and City
Clerk. This action requires a simple majority vote.
MINNESOTA HISTORICAL SOCIETY
HERITAGE PARTNERSHIP PROGRAM GRANT AGREEMENT
This agreement is made by and between the Minnesota Historical Society, 345 Kellogg Boulevard West, Saint Paul,
Minnesota 55102, hereinaNer called the SOCIETY, acOng through its Director, and City of Mendota Heights, 1101 Victoria
Curve Mendota Heights, Minnesota 55118 herein called the GRANTEE.
WHEREAS, the Minnesota Legislature, under Minnesota Session Laws 2019, 1st Special Session, Chapter 2, ArOcle 4,
SecOon 2, Subdivision 4, approved funding to the SOCIETY for partnerships involving mulOple organizaOons to preserve
and enhance access to Minnesota’s history and cultural heritage in all regions of the state, and
WHEREAS the GRANTEE is collaboraOng with Pilot Knob PreservaOon AssociaOon, Dakota County for Oȟéyawahe/Pilot
Knob Interpre6ve Program Partnership; and
WHEREAS the GRANTEE applied for a Heritage Partnership Program grant as part of the Fiscal Year 2021 grants round
seeking funding to complete their proposed program, and
WHEREAS, the SOCIETY’s Grants Review Commi\ee reviewed the applicaOon, heard tesOmony from the applicant and
partners and recommended full funding for the program proposal at their meeOng on April 15, 2021, and
WHEREAS the SOCIETY’s ExecuOve Council adopted the Grants Review Commi\ee’s recommendaOon and approved
funding support from the SOCIETY’s Arts and Cultural Heritage Fund appropriaOon for history partnerships,
NOW THEREFORE, the GRANTEE agrees to partner with other key stakeholders for Oȟéyawahe/Pilot Knob InterpreOve
Program Partnership in accordance with the program outlined in this agreement and the following policies and
procedures.
I. PROGRAM DESCRIPTION
A.The project period for this acOvity is from June 01, 2021 to June 01, 2022.
B.The project will be carried out in accordance with the provisions of the Minnesota Heritage Partnership
Program Grants Manual. The project will also be carried out in accordance with the GRANTEE'S Minnesota
Heritage Partnership Program Grant ApplicaOon. Page 1 of the applicaOon is included as A\achment A, and
the enOre applicaOon is hereby incorporated by reference.
In addiOon, the following condiOons must be met:
a. Before submission of the final report, Grantee must submit a dra< Research Plan and a 50% dra< of the
InterpreDve Plan to the Grants Office for review, comment, and possible edit. (Upload to Milestone/
CondiDon 2 report in the SOCIETY’S grants portal, hRps://mnhs.fluxx.io. Reviews may take up to 30
working days. Incomplete materials, or revisions to already submiRed requests, restart the review clock.)
Account No.Fiscal Year Object Code MNHS Grant No.Amount
02611 2021 5260 2101-25535 $44,500.00 grant
$23,000.00 match
City of Mendota Heights
Oȟéyawahe/Pilot Knob InterpreOve Program Partnership
2101-25535
C.DocumentaOon saOsfying the condiOons must be submi\ed through the grants portal (h\ps://
mnhs.fluxx.io). A Milestone/CondiOon Report has been setup for each of the milestones. Log into the portal
and go to the Reports secOon to locate the Milestone/CondiOon reports for your program's condiOons.
D.The official project budget as approved by the SOCIETY supersedes the GRANTEE'S grant applicaOon budget
and is included as A\achment B and hereby incorporated by reference.
E.Only the items set forth in the Approved Project Budget (A\achment B) may be charged against the grant
project.
F.Any project expense not specifically approved in the Approved Project Budget will not be allowed except
upon prior wri\en request by the GRANTEE and prior wri\en approval by the SOCIETY.
G.Changes in the Approved Project Budget may not exceed twenty (20) percent of any line item. Changes
occurring aNer the project begins that exceed twenty (20) percent of any line item will not be allowed except
upon prior wri\en request by the GRANTEE and prior wri\en approval by the SOCIETY.
H.Changes in the Project CompleOon Date will not be allowed except upon prior wri\en request by the
GRANTEE and prior wri\en approval by the SOCIETY.
I.No grant funds may be used to pay indirect costs, commonly referred to as overhead.
II. ASSURANCES
A.The GRANTEE understands that this agreement is funded by a grant financed by the State of Minnesota.
B.The GRANTEE agrees that this project will be administered and conducted in accordance with the following:
a.Minn. Stat. 129.17 for Arts and Cultural Heritage Fund;
b.Minn. Stat. 16B.98 for Grants Management
C.The GRANTEE shall hold the SOCIETY and the State of Minnesota harmless from any loss, damage, or
expense including reasonable a\orneys' fees and other costs of defense, arising as the result of any claim,
acOon, complaint, proceeding, or liOgaOon of any kind whatsoever, directly or indirectly brought about as a
result of the funded project.
D.The GRANTEE agrees that in hiring of common or skilled labor for the performance of any work on the grant
project that no contractor, material supplier or vendor shall, by reason of race, creed, color, religion,
national origin, sex, marital status, status with regard to public assistance, membership or activity in
a local commission, disability, sexual orientation, or age, discriminate against any person or persons who
are ciOzens of the United States, or resident aliens, who are qualified and available to perform the work to
which the employment relates.
E.The GRANTEE agrees no contractor, material supplier or vendor shall, in any manner, discriminate against, or
inOmidate, or prevent the employment of any person or persons idenOfied in the preceding paragraph, or on
being hired, prevent or conspire to prevent, the person or persons from the performance of work under any
contract on account of race, creed, color, religion, national origin, sex, marital status, status with regard
to public assistance, membership or activity in a local commission, disability, sexual orientation, or
age.
F.This Agreement may be canceled or terminated by the SOCIETY, and all money due, or to become due
hereunder may be forfeited for a second or any subsequent violaOon of the terms of this secOon.
2
City of Mendota Heights
Oȟéyawahe/Pilot Knob InterpreOve Program Partnership
2101-25535
G.The GRANTEE assures that no part of the project budget will be used directly or indirectly to pay for any
personal service, adverOsement, telegram, telephone, le\er, printed or wri\en ma\er, or other device
intended or designed to influence in any manner a member of the Minnesota Legislature, to favor or oppose,
by vote or otherwise, any legislaOon or appropriaOon by the Legislature, whether before or aNer the
introducOon of any bill or resoluOon proposing such legislaOon or appropriaOon. This shall not prevent
communicaOng to members of the Minnesota Legislature on the request of any member or to the
Legislature, through the proper official channels, requests for legislaOon or appropriaOons which they deem
necessary for the efficient conduct of the public business.
H.Both parOes agree that if intellectual property is created in project, the parOes will discuss the allocaOon of
ownership and use rights.
I.Copyright to copyrightable materials, including computer soNware, resulOng from this project shall vest in
the GRANTEE with a non-transferable royalty-free license to the SOCIETY for its non-commercial use. The
GRANTEE shall grant the SOCIETY an opOon to license any such material(s) it wishes to develop for
commercial purposes on terms and condiOons, including a royalty, as the parOes hereto agree in a
subsequent wriOng.
J.Except for (a) the above limitaOon, (b) the GRANTEE's right to control publicaOon of its own research results,
(c) patented and patent-pending property and (d) the GRANTEE's confidenOal informaOon, the SOCIETY will
have the free, irrevocable, non-exclusive unlimited right to use any research results collected in project by
both the GRANTEE and the SOCIETY for any purpose worldwide.
K.The GRANTEE agrees to include the Arts and Cultural Heritage logo on any and all communicaOons, websites,
and promoOonal materials associated with the approved project. The logo can be found at h\p://
www.legacy.leg.mn/legacy-logo/legacy-logo-download.
L.The GRANTEE agrees that any publicity releases, informaOonal brochures, public reports, publicaOons, and
public informaOon relaOng to approved projects must acknowledge funding assistance from the State of
Minnesota from the Arts and Cultural Heritage Fund. Any wri\en materials shall include the following:
"This publica6on was made possible in part by the people of Minnesota through a grant funded by an
appropria6on to the Minnesota Historical Society from the Minnesota Arts and Cultural Heritage Fund.
Any views, findings, opinions, conclusions or recommenda6ons expressed in this publica6on are those of
the authors and do not necessarily represent those of the State of Minnesota, the Minnesota Historical
Society, or the Minnesota Historic Resources Advisory CommiLee."
III. PROCEDURES FOR CONTRACTING SERVICES AND MATERIALS
A.Any services and/or materials that are expected to cost $20,000 or more must undergo a formal noOce and
bidding process. Evidence of the process along with copies of the bids received must be included in the
GRANTEE’s financial records for the project.
B.Any services and/or materials that are expected to cost between $10,000 and $19,999 must be scoped out in
wriOng and offered to a minimum of three (3) bidders. The GRANTEE must maintain financial records that
verify the cost was compeOOvely based on at least three wri\en quotes submi\ed in response to wri\en
specificaOons.
C.Any services and/or materials that are expected to cost between $5,000 and $9,999 must be compeOOvely
based on a minimum of three (3) verbal quotes. The GRANTEE must maintain financial records that verify the
cost was compeOOvely based on at least three verbal quotes.
IV. PAYMENT SCHEDULE
3
City of Mendota Heights
Oȟéyawahe/Pilot Knob InterpreOve Program Partnership
2101-25535
A.The total obligaOon of the SOCIETY for all compensaOon and reimbursements to the GRANTEE under this
grant agreement will not exceed $44,500.00.
B.Grantee must obtain and supply matching funds as indicated in the approved budget (A\achment B) or for
any project overages necessary to complete the approved project.
C.Once the Grant Agreement has been fully executed, the GRANTEE will receive a check from the SOCIETY for
ninety percent (90%) of the grant award.
D.Reimbursement. A total of ten percent (10%) of the grant funds will be released as the final payment aNer
work is complete and financial documentaOon and the project compleOon report, have been reviewed and
accepted by the SOCIETY.
V. FINANCIAL DOCUMENTATION AND FINAL REPORTING
A.The GRANTEE will submit a completed final report including documentaOon for project expenditures and
project products on or before July 01, 2022. (Work on the project must be concluded by June 01, 2022)
B.The final report must be completed electronically in the Minnesota Historical Society’s Grants Portal (h\ps://
mnhs.fluxx.io).
a.The financial documentaOon for project costs to be uploaded with the final report shall include
acceptable types of documentaOon such as: (1) copies of paid invoices/receipts, (2) copies of project
personnel Omesheets (if applicable), (3) copies of in-kind and/or donated services Omesheets (if
applicable), and (4) copies of donated materials forms.
b.The Final Products to be uploaded with the final report are: Electronic copies of the Research Plan
and the InterpreDve plan..
C.Unexpended Funds. The Grantee must promptly return any unexpended funds that have not been accounted
in the financial documentaOon to the SOCIETY at grant closeout.
VI. AUDIT
A.The GRANTEE must maintain records and accounts consistent with generally accepted accounOng principles,
and to provide for such fiscal control as is necessary to assure the proper disbursing of and accounOng for
grant funds. The GRANTEE must maintain records and accounts for this project on file for a minimum of six
(6) years aNer approval of the Final Report.
B.The GRANTEE agrees to maintain records to document any matching funds claimed as part of the project.
The GRANTEE further agrees to secure reasonable wri\en proof of the value of Staff or Volunteer Labor, and
for Donated Materials contributed to the project.
C.The GRANTEE agrees that accounts and supporOng documents relaOng to project expenditures will be
adequate to permit an accurate and expediOous audit. An audit may be made at any Ome by the SOCIETY, its
designated representaOves, or any applicable agency of the State of Minnesota.
VII. AMENDMENTS AND CANCELLATION
A.Amendments
4
City of Mendota Heights
Oȟéyawahe/Pilot Knob InterpreOve Program Partnership
2101-25535
Any significant variaOons from proposed work, costs, and/or Ome frames described in this agreement which
are experienced or anOcipated during the course of the project and any significant problems, delays, or
adverse condiOons which materially affect planned performance should be submi\ed in wriOng to Grants
Office, Minnesota Historical Society, 345 Kellogg Boulevard West, Saint Paul, Minnesota 55102.
The SOCIETY will respond in wriOng, either approving or not approving the changes, and may amend the
agreement if deemed necessary. VariaOons which are not known unOl the conclusion of the project may be
submi\ed with the Financial DocumentaOon; however, the GRANTEE understands that costs may be
disallowed if changes are not approved. Any amendments to this agreement shall be in wriOng, and shall be
executed by the same parOes who executed the original agreement or their successors in office.
B. CancellaOon
The SOCIETY may withhold, cancel, or revoke in whole or in part the grant amount if it determines that the
GRANTEE has materially breached any term or condiOon of this agreement. GRANTEES will be given a 30-
day noOce. In lieu of cancellaOon, GRANTEES may be given proposed remedies to ensure successful
compleOon of the project.
In addiOon, both parOes may mutually agree to cancel the agreement if they determine that the project will
not produce beneficial results commensurate with further expenditure of funds or because of
circumstances beyond the control of either party. In the event of cancellaOon, the SOCIETY may withhold
proceeds of the Grant; demand that the GRANTEE return any already disbursed proceeds to the Finance
Commissioner; and seek any addiOonal legal or equitable remedy(ies).
Finally, the GRANTEE hereby acknowledges that the proceeds of the Grant are being financed in part with
funds provided by the State of Minnesota and administered through the SOCIETY, and that, per Minnesota
Session Laws 2019, 1st Special Session, Chapter 2, ArOcle 4, SecOon 2, Subdivision 4, the funding will be
canceled to the extent a court determines that the appropriaOon, or porOon thereof, unconsOtuOonally
subsOtutes for a tradiOonal source of funding.
I have read the above agreement and agree to abide by all of its provisions. Upon execuOon, this Agreement controls all
acOviOes during the project period.
IN WITNESS WHEREOF, the parOes have caused this Agreement to be duly executed on the date(s) indicated below
intending to be bound thereby.
5
City of Mendota Heights
Oȟéyawahe/Pilot Knob InterpreOve Program Partnership
2101-25535
MINNESOTA HISTORICAL SOCIETY
345 KELLOGG BOULEVARD WEST
SAINT PAUL, MINNESOTA 55102
CITY OF MENDOTA HEIGHTS
1101 VICTORIA CURVE,
MENDOTA HEIGHTS, MINNESOTA 55118
_________________________________________
Carolyn Veeser-Egbide (date)
Grants Manager
_________________________________________
Mary Green-Toussaint (date)
Contract Manager
_________________________________________
signature (authorized official)
_________________________________________
(print name)
_________________________________________
(print Otle) (date)
6
ATTACHMENT A
HERITAGE PARTNERSHIP PROGRAM
City of Mendota Heights
G-HP-2101-25535 | $ 44,500 | MN Historical and Cultural
Oȟéyawahe/Pilot Knob InterpreOve Program Partnership
APPLICANT INFORMATION
Program OrganizaOon:City of Mendota Heights
Project Director:Krista Spreiter
Authorized Officer:Stephanie Levine
Applicant County:Dakota
Applicant OrganizaOon Type:Local/Regional Government
Governance/Board Members:
Stephanie Levine, Mayor of the City of Mendota Heights
Ultan Duggan, Council Member
Joel Paper, Council Member
Jay Miller, Council Member
John R. Mazzitello, Council Member
Partners List:
Pilot Knob PreservaOon AssociaOon, Dakota County
PROGRAM INFORMATION
Partnership Program Title:Oȟéyawahe/Pilot Knob InterpreOve Program Partnership
Brief Summary:
Enhance collaboraOon and sharing resources between the partners to develop a Plan for an InterpreOve Program for
Oȟéyawahe/Pilot Knob, focusing on engaging Indigenous groups throughout the process.
ATTACHMENT B
MINNESOTA HISTORICAL SOCIETY
Heritage PreservaOon Department
Heritage Partnership Grants
Approved Project Budget
Grantee:City of Mendota Heights
MNHS Grant #:2101-25535
Program: Oȟéyawahe/Pilot Knob InterpreOve Program Partnership
Budget Item Amount
Requested Grant Amount Match
1. Engagement with Indigenous Community - Engage with
indigenous groups and representatives to understand
stories, narratives, perspectives and priorities of
interpretation at this site.
$15,000.00 $15,000.00 $7,500.00
2. Research - Research and document site history,
including the narrative and perspectives of Indigenous
Community.
$6,000.00
3. Interpretive Planning - Confirmation of interpretive
themes, development of sub-themes, identification of
stories to interpret. Development of conceptual design for
interpretation, for self-guided and guided opportunities.
Honoraria for Dakota reviewers.
$29,500.00 $29,500.00 $9,500.00
Total: $44,500.00 Total: $44,500.00 Total: $23,000.00
REQUEST FOR COUNCIL ACTION
DATE: May 18, 2021
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Authorize Professional Services Contract for Sewer Rate Study
COMMENT:
INTRODUCTION
The Council is asked to authorize a professional services contract for a Sewer Rate Study.
BACKGROUND
The City of Mendota Heights owns and operates a sanitary sewer collection system and bills
residents a rental fee for use of this system.
The City maintains approximately 74 miles of sewer mains and six sanitary sewer lift stations
which collect and transports sewage to the Met Council Environmental Services (MCES) Metro
treatment plant. The Mendota Heights system had approximately 518 million gallons of flow in
2020, resulting in a treatment charge of $1,387,527. The sewer utility collected $2,324,141 in
utility fees in 2020.
DISCUSSION
The Mendota Heights billing structure was established in 1981 and is complicated by having
approximately 30 subcategories within its billing structure, versus a standard rate based on actual
usage. The base unit billing is also not conducive to promote water conservation as low water
users pay a similar rate as high water users. There are also concerns with establishing deduction
rates at commercial properties due to irrigation usage. The deduction is not a consideration for
residential properties as their rate is set by their winter usage amounts.
Staff issued a Request for Proposals to four professional financial consults and received three
responses. The cost for the three proposals vary from a low of $8,500 to a high of $15,905. The
third proposal is for $11,280.
The lowest cost proposal did not meet the desired project scope and is not recommended for
consideration.
The next two proposals appear to meet the project goals. With the cost difference of $4,625
between the two remaining proposals, staff is recommending Ehlers for this study due to the
familiarity with Mendota Heights and anticipated future work.
The study will also include an assessment of capital improvements needs which are planned to
be incorporated into the new fee structure.
BUDGET IMPACT
The Sanitary Sewer Utility Fund is proposed as a funding source for this improvement. $15,000
was budgeted under “professional services”. The balance available in the Sanitary Sewer Utility
Fund is in excess of $400,000.
RECOMMENDATION
Staff recommends that City Council authorize the professional services contract to Ehlers for
$15,905.
ACTION REQUIRED
If Council agrees with the staff recommendation, authorize Staff to execute a professional
services contract with Ehlers for $15,905. This action requires a simple majority vote.
PROPOSAL TO PROVIDE A SANITARY SEWER RATE
STUDY FOR:
Ehlers
3060 Centre Point Drive
Roseville, MN 55113
Municipal Advisor Registration Number: K0165
SEC CIK Number: 0001604197
ehlers-inc.com
The City of Mendota
Heights, Minnesota
MAY 5, 2021
EHLERS’ ADVISOR:
Stacie Kvilvang
Senior Municipal Advisor
skvilvang@ehlers-inc.com
651-697-8506
Proposal to the City of Mendota Heights, Minnesota
Submitted by Ehlers - May 5, 2021 2
Stacie Kvilvang
Senior Municipal Advisor
Ehlers
3060 Centre Pointe Drive
Roseville, MN 55113
skvilvang@ehlers-inc.com
O: 651-697-8506
F: 651-697-8555
SECTION A: LETTER OF TRANSMITTAL
May 5, 2021
Ryan Ruzek
Public Works Director
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
RE: Proposal to provide a Sanitary Sewer Rate Study for the City of Mendota Heights
Dear Ryan.
Thank you for the opportunity to provide you with a proposal to undertake a Sanitary Sewer Rate
Study for the City of Mendota Heights. An Ehlers rate study will make rate recommendations for
sewer rates that address capital projects, operating and maintenance costs, and maintain adequate
reserves. We will provide rate recommendations for the next 10 years along with a long-term
financial plan to achieve the City’s objectives for its sewer fund.
We believe the following factors set us apart from competing firms:
Our Approach. We understand the multiple interests the City must balance when setting rates. Our
specialists have city finance experience and approach the study from the perspective of
minimizing impacts to residents, maximizing the health and flexibility of the sewer fund and
providing ease of administration and communication to the public.
Our Promise. The primary goal of a rate study is to provide just and equitable sewer rates
balanced with a long-term financial plan for the utility’s operations, capital needs and required
reserves. Our proposed study will provide a platform to confidently make rate-setting decisions.
You should expect your consultant to evaluate the full range of options and help the City
implement rates that meet your objectives. We propose to provide ongoing dialogue and idea-
sharing, independent analysis, presentation of customized options for your unique
circumstances and a competitive, value-oriented fee structure.
Respectfully submitted,
Proposal to the City of Mendota Heights, Minnesota
Submitted by Ehlers - May 5, 2021 3
TABLE OF CONTENTS
SECTION A: LETTER OF TRANSMITTAL 2
SECTION B: TABLE OF CONTENTS 3
SECTION C: CONSULTANT QUALIFICATIONS/PROFILE 4
SECTION D: KEY PERSONNEL 8
SECTION E: ORGANIZATIONAL STRUCTURE 10
SECTION F: PROJECT APPROACH/WORK PLAN 12
SECTION G: PROJECT SCHEDULE 20
SECTION H: COST 22
SECTION I: EXCEPTIONS & DEVIATIONS 24
SECTION J: ADDITIONAL INFORMATION N/A
SECTION B: TABLE OF CONTENTS
SECTION C:
CONSULTANT
QUALIFICATIONS/PROFILE
Proposal to the City of Mendota Heights, Minnesota
Submitted by Ehlers - May 5, 2021 5
Consultant Qualifications/Profile
Consultant Qualifications:
Ehlers has extensive experience conducting utility rate studies across Minnesota. We assist cities
in developing water and sewer rates, trunk charges and availability charges that work for their
community and address their unique needs. In the past five years we have completed over 80
utility rate studies.
Mendota Heights has a tiered sanitary sewer rate structure with a minimum charge for up to 20
units. The tiered rate structure is most similar to water rate structures in other communities, so we
have included our experience with water rate studies below as relevant and comparable work.
Experience with Similar Projects:
SECTION C: CONSULTANT QUALIFICATIONS/PROFILE
CITY OF BURNSVILLE, MINNESOTA
PROJECT DESCRIPTION:
Ehlers completed a sewer, water, and storm water rate study
for the City of Burnsville in 2020. The City wanted to manage
revenue volatility, fund future capital projects, review trunk
and availability charges, all while ensuring rates remained
comparable to surrounding communities. The rate study
recommended inflationary rate increases for all funds, along
with adjustments to the base charges and tiered consumption
rates to stabilize revenues. The rate study also provided a
plan for when to use cash and when to bond for future
projects.
REFERENCES:
Jennifer Rhode
Finance Director
jennifer.rhode@burnsvillemn.gov
952-895-4476
Ryan Peterson
Public Works Director
ryan.peterson@burnsvillemn.gov
952-895-4459
CITY OF ST. LOUIS PARK, MINNESOTA
PROJECT DESCRIPTION:
Ehlers is in the process of updating a sanitary sewer, water,
storm water and solid waste utility rate study for the City of
St. Louis Park that was initially completed in 2018. The update
has confirmed that our original revenue estimates for the
sewer fund, based on recommended rates, were within 1% of
actual 2020 revenues. One focus of the update was to
structure solid waste fees to encourage the phasing out of
certain cart sizes and promote a “pay as you throw” concept
that links the bill more closely to the amount of waste
generated. This is an example of how Ehlers ensures its rate
recommendations are achieving the specific goals of a
community.
REFERENCE:
Darla Monson
Accountant
dmonson@stlouispark.org
952-924-2512
Proposal to the City of Mendota Heights, Minnesota
Submitted by Ehlers - May 5, 2021 6
SECTION C: CONSULTANT QUALIFICATIONS/PROFILE
CITY OF EDINA, MINNESOTA
REFERENCE:
Don Uram
Finance Director
duram@edinamn.gov
952-826-0414
PROJECT DESCRIPTION:
Ehlers completed a sanitary sewer, water and storm water
utility rate study for the City of Edina in 2021. The rate study
looked at changing water rate structures in response to
changing consumption patterns due to redevelopment and
increased rainfall. We recommended new rate tiers for water
that align with the City’s goals for conservation and revenue
stability. In addition, the rate study responded to customer
concerns about minimum sewer bills for 12,000 gallons (16
units). We lowered the sewer minimum to 8,000 gallons (10.7
units) and increased the volumetric rate to offset the lost
revenues. This had the desired effect of reducing bills for low
volume users and promoting water conservation. Finally, we
evaluated options for billing sewer based on the winter
quarter. The rate study included a 10-year plan to fund future
street reconstruction projects and major improvements.
CITY OF CHAMPLIN, MINNESOTA
PROJECT DESCRIPTION:
Ehlers completed a sanitary sewer, water and storm water
utility rate study for the City of Champlin in 2020. Champlin
was seeking to balance their use of cash with limited bonding
to pay for capital projects in order to maintain rate
affordability. In particular, the City was interested in analyzing
their base fees (equivalent to the City of Mendota Heights’
minimum charges) to pay for fixed costs related to the system.
For the sewer fund, we lowered base fees and also developed
an approach to phase out the low-income sewer rate over
time, which was one of the community’s goals. We adjusted
consumption tiers for water rates to promote conservation
while capturing winter usage in the first tier.
REFERENCE:
Shelly Peterson
Finance Director
speterson@ci.champlin.mn.us
763-923-7107
Proposal to the City of Mendota Heights, Minnesota
Submitted by Ehlers - May 5, 2021 7
Consultant Profile
BUILDING COMMUNITIES. IT’S WHAT WE DO.
Ehlers helps public sector clients build outstanding places to live, work, learn and play by
delivering focused, fully-integrated municipal financial advisory services.
We build strong, long-lasting client relationships - working directly and collaboratively with your
staff - to complete projects and drive initiatives forward.
We leverage decades of industry experience, deep market and community knowledge, and our
unique team-based approach to successfully guide clients through all facets of public finance.
Ehlers’ services include:
Founded in Minnesota in 1955, Ehlers consists of more than 85 advisors, financial specialists,
analysts and client support staff. Ehlers is an S-Corporation, 100% employee-owned by all staff
members with at least one year of service. We are headquartered in Roseville, Minnesota with
additional offices in Waukesha, Wisconsin and Denver, Colorado.
Financial Management
Planning
Strategic Planning
Research, Analysis & Studies
Policy Development
Projection Modeling
Utility Rate Analysis
Debt Issuance &
Management
Competitive, Negotiated & Private
Placement
Specialized Instruments
Credit Rating Reviews
Continuing Disclosures
Paying Agent Services
Compliance Policies
Economic Development
& Redevelopment
Investments &
Treasury Management
Policy Development & Evaluation
Strategy Creation & Implementation
Reporting
Cash Flow Analysis & Reporting
Treasury Management Consulting
Arbitrage Consulting
Planning & Project Management
Feasibility & Cash Flow Analysis
Developer Selection &
Negotiation
TIF/Special District
Creation &
ManagementCLIENTS
CONSTITUENTS
COMMUNITIES
SECTION C: CONSULTANT QUALIFICATIONS/PROFILE
SECTION D:
KEY PERSONNEL
Proposal to the City of Mendota Heights, Minnesota
Submitted by Ehlers - May 5, 2021 9
Key Personnel
Ehlers offers a team of highly-experienced advisors to provide a precise rate study that will
address the City’s financial and policy concerns. The lead client service contact will be Stacie
Kvilvang who will oversee the project. She will be assisted by Kristina Norquist who will undertake
the analysis. Stacie and Kristina bring over 30 years of combined experience in public sector utility
analysis. Their expertise in general governmental finance will also ensure that any financial issues
proactively identified in the rate study are considered in the context of the City’s finances as a
whole.
SECTION D: KEY PERSONNEL
Stacie Kvilvang, CIPMA
Senior Municipal Advisor
Stacie is a Senior Municipal Advisor with our Minnesota Team and has been
active with the firm since 2002. She advises local governments and public
agencies in the design and implementation of financial solutions that help
communities bring their visions to life. Prior to joining Ehlers, she amassed 10
years of first-hand local government experience working for one of the largest
Twin Cities suburban communities. One of Stacie’s greatest contributions to
Ehlers and our clients is her extensive background in all aspects of the public
approval process for development and redevelopment projects and her
understanding of development financing and costs from the private side of
transactions.
Kristina Norquist
Senior Financial Specialist
Kristina guides Minnesota and Wisconsin municipalities through long-term
financial planning to meet their policy objectives. She brings special expertise in
setting utility rates, capital planning and managing tax increment districts.
Kristina’s career at Ehlers began as an Arbitrage Consultant, preparing arbitrage
reports and advising clients on post-issuance compliance. Prior to joining Ehlers
in 2008, she was a senior accountant with a nationally recognized insurance
company. Kristina’s extensive understanding of financial management, utilities
and property tax systems are invaluable to her clients.
SECTION E:
ORGANIZATIONAL
STRUCTURE
Proposal to the City of Mendota Heights, Minnesota
Submitted by Ehlers - May 5, 2021 11
Organizational Structure
Stacie and Kristina both have the capacity required to complete the project on-time and on-
budget by September 1, 2021. In addition, Ehlers has a deep bench of five utility rate specialists in
our Minnesota office who can assist the project team to ensure timely completion. Finally, the City
can also rest assured knowing a senior member of our Financial Specialist team will complete a
thorough internal quality control review of the analysis before we present the final draft of the
study to staff members.
SECTION E: ORGANIZATIONAL STRUCTURE
PROJECT TEAM
Stacie Kvilvang
Senior Municipal Advisor
Lead Advisor & Project Manager
Kristina Norquist
Senior Financial Specialist
Rate Study Analysis
SECTION F:
PROJECT APPROACH/
WORK PLAN
Proposal to the City of Mendota Heights, Minnesota
Submitted by Ehlers - May 5, 2021 13
Project Approach/Work Plan
An Ehlers rate study will give you, your staff, and policymakers confidence that the recommended
rates are equitable, simplified, and financially sound. We have the technical expertise and political
understanding to establish a new sanitary rate structure now that will meet the City’s financial and
policy goals long into the future.
Rate structures have an impact on several different aspects of the City’s financial system, so we
approach our studies and the potential impacts as follows:
We also take complex data and modeling and break it down into a straight-forward, easily
understood format for the City Council to make informed decisions and to communicate the rates
to their constituents. We work as a united team with staff and consultants so that all aspects of
the utilities are considered and factored into the rates.
The rate study will result in:
»Options & recommendations for sewer rates through 2031
»Recommendations for appropriate cash balances and a strategy for maintaining reserves
»A funding plan for future street reconstruction projects and other capital projects
»A flexible planning tool that helps the City respond to changing circumstances and
assumptions about capital investments, funding options and shifts in customer usage &
development patterns
»A comparison of fees to other cities
SECTION F: PROJECT APPROACH/WORK PLAN
Proposal to the City of Mendota Heights, Minnesota
Submitted by Ehlers - May 5, 2021 14
Work Plan
Tasks:
At our initial meeting, Ehlers will work with staff to ensure that we fully understand the utilities’
situation, including outstanding and planned debt issuance, the City’s short and long-term goals,
political concerns, administrative concerns, potential redevelopment, and future sewer capital
needs. We preliminarily understand the desire to simplify the rate structure for administrative ease
and to increase equity across different profiles of users (low- and high-volume users as well as
different property types).
Tasks:
Rate studies are a team effort. Ehlers will work with you to ensure we receive the required data.
Ehlers already has some of this information and can obtain additional documentation from the
City’s website. Ehlers will review and carefully analyze each of the following:
»5- to 10-year Capital Improvement Plan for the sewer utility
»Any available information on upcoming developments and population growth over the study
planning period that would increase the customer base and usage, or conversely any
information on customers reducing usage or moving out of the municipality
»Projected growth estimates for next ten years
»Financial statements for 2018 and 2019
»2020 preliminary financial statements, or audit if completed
»2021 budget and year-to-date actual expenses and revenues
»Debt repayment schedules for all existing debt supported by the utility funds (there does not
appear to be any utility supported debt)
»Current year fee schedule
»Detailed sewer and water billing records for the past 3 years showing billed sewer
consumption by customer class and meter size
»Current number of un-metered customers within the utility
»City ordinances that pertain to rate-setting
»Most current depreciation schedule for all sewer utility assets showing current year
depreciation expenses and accumulated depreciation
»Other information as necessary
SECTION F: PROJECT APPROACH/WORK PLAN
STEP 1: Discuss the City’s objectives for the study
STEP 2: Gather and review applicable City data
Proposal to the City of Mendota Heights, Minnesota
Submitted by Ehlers - May 5, 2021 15
Tasks:
1. Assemble CIP schedules from City staff and consulting engineers to compile a detailed
Capital Improvement Plan for the sewer utility.
2. Ensure all related costs, including equipment, vehicles, road reconstruction and capital
improvement projects, are included in the Capital Improvement Plan.
Deliverables:
Ehlers will assemble a 10-year capital improvement plan from the City’s source documents for the
sewer fund with inflation, as appropriate, and in a format that links to the rate study.
Tasks:
We will identify up to five neighboring and comparable communities with which to compare
Mendota Heights’ sewer rates and billing practices (including penalties and certification of unpaid
bills to the property taxes.) We will survey these communities and compare utility fees charged for
a single-family home in Mendota Heights with fees charged by comparable and/or neighboring
communities. We will compare Mendota Heights’ billing practices to the surveyed communities as
well as with statutory options and best practices.
Deliverables:
1. Graphic representation of a Mendota Heights resident’s current and proposed bill along with
up to five comparison communities’ sample bills.
2. Recommendations for billing policies based on best practices.
Tasks:
1. Develop the Revenue Requirement for the sewer fund and calculate sewer rates.
»Based on the available budget, debt and asset detail, develop the revenue requirements for
the utility under the cash-based or utility-based method.
»Allocate the revenue requirements for the test year to the appropriate utility functions.
SECTION F: PROJECT APPROACH/WORK PLAN
STEP 3: Review the City’s Capital Improvement Plan
STEP 4: Research and evaluate literature & best practices/Complete bill comparison
STEP 5: Analyze existing rate structure and complete sewer rate study
Proposal to the City of Mendota Heights, Minnesota
Submitted by Ehlers - May 5, 2021 16
»Calculate the fixed and volumetric user rates for all customer classes based on the revenue
requirements allocated to each utility function divided by the appropriate billable units.
»Create a cash flow analysis for the test year to ensure that the calculated user rates will
meet the cash flow needs of the utility.
»Perform analysis of fixed and operating costs of the system to ensure fixed charges pay for
fixed costs while volumetric charges pay for operating costs such as the MCES disposal
fees. Recommend adjustments as necessary to ensure certain fixed costs of the system are
paid for, regardless of usage.
»Ensure rate recommendations meet policy objectives of the City. These objectives may
include reducing demand, reducing customer complaints, increasing customer
understanding of rate structures, and/or revenue stability.
»Ensure rate structure options are compatible with the City’s Banyon billing system.
»Provide sensitivity analysis to illustrate the impact of changes to assumptions (i.e., reduced
flow, and timing of capital improvements).
2. Develop User Impacts and Bill Comparison.
»Develop sample bills for various customer classes and volumes of discharge.
»Provide sample user impacts for customers from each customer class. Identify the profile
of those customers whose bills will change by more than 10%
»Develop a comparison of existing and proposed user rates for example properties by
customer class. We will also calculate the bills for a low, average, and high-volume
customers. Finally, we will calculate the City Council members bills so they can understand
the proposed rate impacts.
Deliverables:
1. Cost of service sewer rate study for the 2021 test year plus rate recommendations for 2022.
2. Comparison of 2021 and proposed 2022 bills for various user classes, identifying the profile of
customers that will see a 10% or greater differential in their 2022 sewer bill.
Tasks:
1. Create a proforma cash flow analysis for the sewer fund for the next ten years that includes:
»Historical trends in revenues, expenditures and ending cash balances
»Projected usage including growth estimates
»Operating revenues and expenses including operations and maintenance costs, MCES
charges, interest expense, depreciation, and department servicing
»Net operating income prior to debt and capital
SECTION F: PROJECT APPROACH/WORK PLAN
STEP 6: Prepare a long-range cash flow analysis
Proposal to the City of Mendota Heights, Minnesota
Submitted by Ehlers - May 5, 2021 17
»Capital costs
»Outstanding debt service (the City has no outstanding debt for the sewer fund)
The proforma cash flow will test the adequacy of proposed rates over time to ensure that the rates
established for the test year will be sufficient, with modest inflationary increases, to pay system
capital and operating costs.
Deliverables:
1. 10-year cashflow projection Excel workbook that will be provided to the City for its future use.
The pro forma will identify the revenues required to adequately fund capital projects,
replacement reserves, annual operating expenses, any future debt service, and to build and
maintain sufficient cash balances. The projections will mirror your financial statements with
an income statement and cashflow analysis.
2. Sewer rate recommendations through 2031.
Tasks:
While Ehlers will regularly seek staff feedback to ensure we are addressing the City’s concerns and
objectives, we will conduct a formal meeting to review the first draft of the rate study. We will use
this meeting to gather any missing information and gain a clear understanding of any needed
revisions.
Tasks:
1. Identify:
»The use of debt vs. cash to pay for future capital improvements including the water
treatment plant.
»Minimum cash balance for the utility funds & the level of depreciation to fund.
2. Address other City identified issues.
Deliverables:
1. Target cash reserve recommendations, graphically representing projected vs. target
cashflows. Any proposed bonding will be included in the cashflow projection.
SECTION F: PROJECT APPROACH/WORK PLAN
STEP 7: Meet with City staff to review preliminary study results
STEP 8: Identify appropriate reserve amounts and financing needs
Proposal to the City of Mendota Heights, Minnesota
Submitted by Ehlers - May 5, 2021 18
SECTION F: PROJECT APPROACH/WORK PLAN
Tasks:
An Ehlers Senior Financial Specialist who specializes in utility rate studies will conduct a formal
quality control review to ensure accuracy and appropriate methodology.
Tasks:
Ehlers will facilitate a second formal meeting with City staff to present the sewer rate study results
and gather final feedback prior to submitting the rate recommendations to policymakers.
Tasks:
1. Facilitate a work session with City Council to present the rate study, its finding and rate
options.
2. Solicit feedback from Council members.
Deliverables:
1. PowerPoint presentation with straight-forward talking points and graphics for all findings and
recommendations, including:
»Proposed sewer rate options
»Rate structures
»Annual rate adjustments
»Cash balance policies
»Timing of capital improvements
STEP 9: Conduct a quality assurance review
STEP 10: Present rate recommendations to staff and solicit final feedback
STEP 11: Facilitate a workshop with City Council
Proposal to the City of Mendota Heights, Minnesota
Submitted by Ehlers - May 5, 2021 19
Tasks:
1. Incorporate Council feedback to prepare a final executive summary that includes:
»Assumptions
»Financial considerations
»Rate recommendations
2. Conduct formal City Council presentation.
Deliverables
1. Final executive summary document
2. PowerPoint presentation
3. Excel financial planning model that includes the pro forma cashflow statement and capital
improvement plan for the City’s future use to model operating and capital expenditures,
inflationary increases to rates, etc.
While the above steps provide general guidance for proceeding with a prudent sewer rate study,
we can and will adjust our methodology as we receive feedback from City staff and Council. We
will respond to the City’s priorities and concerns without incurring unnecessary steps or costs.
SECTION F: PROJECT APPROACH/WORK PLAN
STEP 12: Present final study findings and recommendations to City Council
SECTION G:
PROJECT SCHEDULE
Proposal to the City of Mendota Heights, Minnesota
Submitted by Ehlers - May 5, 2021 21
Project Schedule
Ehlers is available to commence work within two weeks of contract execution, as required in the
RFP. We anticipate the rate study to be completed within 14 weeks, depending on Council
workshop and schedule availability. The below calendar illustrates the project schedule:
Estimated Project Schedule
1 2 3 4 5 6 7 8 9 10 11 12 13 14
STEP 1 Solicit Feedback on City Objectives
STEP 9 Quality Assurance
STEP 2 Gather Data from City Sta
STEP 3 Review CIP
STEP 4 Best Practices/Community Comparison
STEP 7 Meeting with Sta to Review Preliminary Results
STEP 8 Identify Reserves and Financing Needs
STEP 10 Meet with Sta
STEP 11 First Council Presentation and Incorporate Feedback
STEP 5 Complete Rate Study
STEP 6 Long Range Cashfow Analysis
STEP 12 Second Council Presentation
WEEKS
DESCRIPTION
SECTION G: PROJECT SCHEDULE
SECTION H:
PROJECT COST
Proposal to the City of Mendota Heights, Minnesota
Submitted by Ehlers - May 5, 2021 23
Project Cost
Ehlers will perform the Utility Rate Study for the not-to-exceed cost of $15,905. As requested in
the RFP, this cost is broken down by task and personnel in the chart below. All work will be
performed at the hourly rate of $265.
Project Phase Task Cost Personnel Hours
Step 1 Discuss the City’s objectives
for the study
$530 Stacie Kvilvang
Kristina Norquist
2
Step 2 Gather and review data
from City staff
$530 Kristina Norquist 2
Step 3 Complete a review of the
City’s Capital Improvement
Plan
$265 Kristina Norquist 1
Step 4 Best practices/community
comparison
$1,060 Kristina Norquist 4
Step 5 Analyze existing rate
structure and complete
sewer rate study
$4,770 Kristina Norquist 18
Step 6 Prepare a long-range
cashflow analysis
$2,120 Stacie Kvilvang
Kristina Norquist
8
Step 7 Meeting with staff $530 Stacie Kvilvang
Kristina Norquist
2
Step 8 Identify appropriate reserve
amounts & financing needs
$530 Stacie Kvilvang
Kristina Norquist
2
Step 9 Quality assurance $530 Jessica Cook 2
Step 10 Meetings with Staff $530 Stacie Kvilvang
Kristina Norquist
2
Step 11 Presentation to Council
(preparation & meeting)
$2,255 Stacie Kvilvang
Kristina Norquist
8.5
Step 12 Final Council presentation
and executive summary
(preparation & meeting)
$2,255 Stacie Kvilvang
Kristina Norquist
8.5
Ehlers will invoice monthly for work completed in the prior month. Work in addition to the scope
outlined, such as additional Council meetings, will be billed at a rate of $265 per hour. Ehlers is
committed to delivering value in our work.
If the City requests additional services, we will collaborate with staff to prepare a good faith cost
estimate prior to commencing any work.
SECTION H: PROJECT COST
SECTION I:
EXCEPTIONS AND
DEVIATIONS
Proposal to the City of Mendota Heights, Minnesota
Submitted by Ehlers - May 5, 2021 25
Exceptions and Deviations
Ehlers does not request either exceptions or deviations from the requirements detailed in the
Request for Proposal.
SECTION I: EXCEPTIONS AND DEVIATIONS
Request for City Council Action
DATE: May 18, 2021
TO: Mayor, Council and City Administrator
FROM: Kelly McCarthy, Chief of Police/Emergency Manager
SUBJECT: Participation in all hazard mitigation planning process with Dakota
County.
COMMENT:
INTRODUCTION
The City Council is asked to adopt a resolution which would allow for the City’s participation in
Dakota County’s All Hazards Mitigation planning process.
BACKGROUND
The City of Mendota Heights has participated in All Hazard Mitigation planning in order to be
eligible for FEMA mitigation funding and grant monies. The City worked jointly with all Dakota
County governments to ensure the completion of a comprehensive review of potential hazards.
The assessment is mandatory and working together saves considerable time.
In 2016, Dakota County presented the draft of the Mitigation Plan for approval. The plan was
drafted with input from the cities and townships in Dakota County. The cities all sent in
resolutions in support of the plan. The plan was approved by State and the Federal Government
after review in June of 2016.
FEMA requires the plan to be updated every five years. The project will require city staff
resources from multiple departments to provide input on the plan. The plan will be submitted for
approval towards the end of 2021.
Once the plan is complete it will be presented to Mendota Heights City Council for adoption by
resolution.
The City does not have to participate in the Dakota County All-Hazard Mitigation plan.
However, if we opt out we are required to create our own standalone plan, and submit that for
approvals. Dakota County received a FEMA grant to help complete this project in partnership
with county cities and townships.
BUDGET IMPACT
By participation in a joint planning effort with Dakota County and neighboring communities, City
staff should be able to save a minimum of 40 hours of staff time required to complete this
mandatory report.
ACTION REQUIRED
Staff recommends the City Council pass the attached resolution to participate in the Dakota
County All-Hazard Mitigation Planning process.
RECOMMENDATION
If Council desires to implement the recommendation, it should, by motion, adopt:
RESOLUTION 2021-38
AUTHORIZING PARTICIPATION IN THE ALL HAZARD MITIGATION PLANNING
PROCESS WITH DAKOTA COUNTY
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION 2021-38
AUTHORIZING PARTICIPATION IN THE ALL HAZARD MITIGATION
PLANNING PROCESS WITH DAKOTA COUNTY
WHEREAS, the County of Dakota coordinated preparation of an initial multi-jurisdiction all-hazard
mitigation planning process in 2006 as required under the Disaster Mitigation Act of 2000; and
WHEREAS, the Dakota County All-Hazard Mitigation Plan was updated and approved in 2011 and 2016 with
participation by the cities within Dakota County; and
WHEREAS, federal law requires the plan be updated every five years and the next update is due in 2021; and
WHEREAS, the City of Mendota Heights participated in drafting the 2016 Dakota County All-Hazard
Mitigation Plan, and later reviewed and approved the plan; and
WHEREAS, the Act requires public involvement and local coordination among local units of government and
businesses as part of the planning process; and
WHEREAS, the plan must include descriptions of land uses and development trends, risk assessment
including past hazards, hazards that threaten the county, maps of hazards, and estimates of structures at risk;
and
WHEREAS, the plan must include a mitigation strategy including goals and objectives and an action plan
identifying specific mitigation projects and costs, in addition to; and a maintenance or implementation process
including plan updates, integration of the plan into other planning documents, and public education
components; and
WHEREAS, approval of the all hazard mitigation plan update will continue the County’s eligibility to receive
federal and state Hazard Mitigation Grant Program project grants; and
WHEREAS, this resolution does not preclude the City of Mendota Heights from preparing its own plans
sometime in the future should they desire to do so.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Mendota Heights supports the
County all hazard mitigation planning effort, agrees to participate with the County in preparing an update to
the multi-jurisdictional plan and recognizes that the plan will apply within the townships.
Adopted this 18th day of May, 2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
ATTEST:
Stephanie Levine, Mayor
Lorri Smith, City Clerk
Request for City Council Action
DATE: May 18, 2021
TO: Mayor, City Council, and City Administrator
FROM: Cheryl Jacobson, Assistant City Administrator
SUBJECT: NEOGOV Software for Position Recruitment and New Employee Onboarding
INTRODUCTION
The City Council is asked to approve the purchase and implementation of NEOGOV software for
human resources functions including position recruitment and new employee onboarding.
BACKGROUND
To apply for a position with the City, applicants are required to complete and submit a paper
application. The Assistant City Administrator is responsible for receiving and processing job
applications, administering candidate assessments and establishing candidate lists to work with
city departments to fill vacancies. The overall process is largely paper based and requires a great
deal of time and manual effort.
Today’s job seekers are internet savvy and look for employers who are up-to-date with technology.
The City has received feedback from applicants that the City’s paper process is inefficient and
outdated. In order to better compete for qualified applicants and to improve the hiring process
overall, staff is seeking to update its employment recruitment and onboarding process with the
implementation of a human resource information system (i.e. software).
Staff researched software options and alternatives and one clear industry leader in public sector
hiring emerged. NEOGOV is a provider of strategic workforce management solutions and is used
by over 6,000 cities and public agencies around the country. The NEOGOV platform includes
solutions for recruiting, developing and managing public sector employees.
City staff is proposing the use of NEOGOV’s Recruit suite of products which focuses on
automating the hiring and onboarding process. The suite includes:
•Insight online employee recruitment and applicant tracking software;
•Governmentjobs.com, an online public sector job board; and
•Onboard software for new hire processing and personnel file management.
BUDGET IMPACT
The annual cost of NEOGOV Recruit Suite for a three year term is:
Setup, Implementation and Training $1,750.00
Year 1 License/Subscription (2022) $0.00
Year 2 License/Subscription (2023) $9,222.42
Year 3 License/Subscription (2024) $9,683.54
Total $20,655.96
The costs incurred for 2021 would be $1,750.00 for setup, implementation and training. This is a
non-budgeted expense, but funding for this amount is available in the Administration budget under
professional services.
Funding for year two and year three would be included in the adopted IT budget for that year.
STAFF RECOMMENDATION
Staff recommends that the City Council approve a three year application services agreement
authorizing the purchase and implementation of NEOGOV Recruit module hosted services, for the
2021 budgeted amount of $1750, and a total project amount of $20,655.96.
If approved, Staff anticipates implementation to start later this summer with completion in early
2022.
REQUESTD ACTION
If the Council concurs, it should, by motion, approve a three year application services agreement
authorizing the purchase and implementation of NEOGOV Recruit module hosted services for a
three year amount of $20,655.96.
REQUEST FOR COUNCIL ACTION
DATE: May 18, 2021
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
Krista Spreiter, Natural Resources Technician
SUBJECT: Approve Conservation Partners Legacy Grant Program Agreement
COMMENT:
INTRODUCTION
The City Council is asked to approve an agreement with the State of Minnesota for the Valley
Park Forest Enhancement project.
BACKGROUND
As part of their contracted services included with development of the City’s Natural Resources
Management Plan, RES (acquired Applied Ecological Services) has submitted a Conservation
Partners Legacy grant application to the State of Minnesota for the proposed Valley Park Forest
Enhancement project. This was on behalf of the City. The City was awarded the grant from the
State of Minnesota for the full amount requested of $50,000.
The grant award requires a $5,000 match that will be provided using both in-kind and cash-
match funds. Cash-match funds in the amount of $2,500 will be provided by the City of Mendota
Heights for the purchase of native tree and shrub plantings. Remaining matching funds will
provided as in-kind services by City Staff. Grant funds are provided to the City on a
reimbursement basis.
The grant period begins once the State has obtained all required signatures and has given notice
to proceed. The grant period ends June 30, 2024, or until all obligations have been satisfactorily
fulfilled, whichever occurs first.
DISCUSSION
The proposed forest enhancement project entails restoration and enhancement of approximately
15.6 acres of Valley Park (approximate project boundaries attached). The project will focus on
improving degraded upland vegetation communities, enhancing sensitive and degraded areas,
reducing slope and gully erosion, and connecting ongoing restoration projects and efforts already
in progress within Valley Park.
BUDGET IMPACT
The grant agreement requires a $2,500 cash-match that the City will provide from the Parks
Invasives Species Control budget.
RECOMMENDATION
Staff recommends that the City Council approve the Conservation Partners Legacy Grant
agreement for the Valley Park Forest Enhancement project, and authorize the Mayor and City
Clerk to execute such agreement.
ACTION REQUIRED
If the Council concurs, it should, by motion, approve the attached Conservation Partners Legacy
Grant agreement contract, and authorize it to be executed by the Mayor and City Clerk. This
action requires a simple majority vote.
Data Date: February 23, 2021Revision: 20191104
CONSERVATION PARTNERS LEGACY GRANT
DIVISION OF FISH AND WILDLIFE
Project Name: Valley Park Forest Enhancement
PROJECT CONTACT
Project Manager: Krista Spreiter
Organization Name: City of Mendota Heights Title: Natural Resources Technician
Phone: 651-255-1123Organization Type: Government
Email: kristas@mendota-heights.comMailing Address 1: 1101
Mailing Address 2: Victoria Curve
City, State ZIP Code: Mendota Heights, MN 55118
County Name: Dakota
Sites / Location
PROJECT OVERVIEW
Land Ownership
Primary Land Ownership: Local Government
Additional Land Ownerships: (N/A)Project Site Name: Valley Park Forest Enhancement
Total Project Sites: 1
Total Project Acres: 16
Primary Type: Forest
Habitat Activities
Primary Activity: Enhancement
Additional Types: (N/A)Additional Activities: (N/A)
$55,000Total Project Cost:
$0Additional Funding Amount:
$5,000
$50,000Total Grant Amount Requested:
Grant Request Level: (N/A)
Grant Type: (N/A)
Total Match Amount Pledged:
PROJECT FUNDING SUMMARY
PROJECT SUMMARY
As part of the City of Mendota Heights systemwide Natural Resource Management Plan, the northern portion of Valley Park
(the City’s largest and most popular park) was recently identified as containing some of the City's highest quality natural areas.
This unique and sensitive area is characterized by forested steep ravine slopes and bedrock outcrops along Big Foot/Interstate
Valley Creek just before it flows into the Mississippi River. While a small portion of this forest represents high quality remnant
Mesic Forest (ecological quality rank BC) containing mature Bur oak, Red oak, and Basswood, and a diversity of native
wildflowers and sedges, the majority of this area has been degraded by invasive vegetation. Invasive Common buckthorn (and to
a lesser degree, invasive honeysuckles) have displaced native shrubs and saplings, suppressed native ground cover vegetation
by shading, and contributed to increased erosion of steep slopes along the creek. Invasive Garlic mustard is also present.
Therefore, this forest supports fewer native wildlife species and individuals and suffers from low aesthetic value and ecosystem
services.
The proposed project will enhance approximately 15.6 acres of Valley Park, specifically selected to improve degraded
remnants, enhance sensitive and degraded areas, reduce slope erosion to protect water quality, and connect three ongoing
restoration projects (savanna restoration, forest enhancement, and pollinator corridor planting by the City, Xcel Energy and
Great River Greening using Clean Water Land and Legacy funds). This project will result in a significant mosaic of restored and
enhanced native habitats in one of the City’s largest, best remnant native habitat blocks associated with the Mississippi
Flyway, a globally-recognized migratory corridor used by over 325 bird species. The National Audubon Society has designated
this area as an Important Bird Area, highlighting the importance of conservation actions and the opportunity for impactful
restoration projects along this wildlife corridor. Many native wildlife species are expected to benefit from this habitat
enhancement project, including migrants using the Flyway, as well as rare species, including Northern long-eared bat
(federally-threatened), bird species of federal concern (e.g., Cerulean warbler, Wood thrush), Louisiana waterthrush (state-listed
(CPL Grant Application ID = 1840)
CONSERVATION PARTNERS LEGACY GRANT
PROJECT SUMMARY (Continued)
Species of Concern), and numerous rare species just downstream in the Mississippi River (mollusks, fish, etc.).
PROBLEM STATEMENT
In brief, work will entail cutting and treatment of invasive buckthorn and honeysuckle, spot management of Garlic mustard (and
other invasive plants), and overseeding with soil-stabilizing native woodland species, including pollinator species. Work will be
executed by the Conservation Corps Minnesota & Iowa or a professional ecological contractor with assistance by City staff and
volunteers. Adaptive management will be used in order to maximize the effectiveness of enhancement treatments.
Due to the slopes and desirable native vegetation, invasive buckthorn and honeysuckle removal will be conducted primarily
using hand tools such as brush saws and chain saws. Forestry mowing may be used in more level, accessible areas, using
caution to protect native woody vegetation. Cut brush will be thinly spread, hauled off-site, and/or burned in piles on site. Cut
stumps will be treated promptly with herbicide (glyphosate or triclopyr). Invasive brush removal will be challenging on the site’s
steep slopes, requiring additional time and cost per acre. To control costs, volunteers will be used to drag cut brush, and City
staff will load and dispose of brush at the City transfer site. Garlic mustard will be spot-sprayed with glyphosate in the spring,
following best practices with respect to weather and method, and flowering stalks will be cut prior to them setting seed. Late
summer spot-herbicide applications may also be warranted. The resulting increased light levels and reduced competition will
promote expansion of soil-stabilizing ground cover, germination of installed native seed, and natural regeneration of oaks.
Once invasive vegetation has been controlled and the seed bank has germinated, a site-specific, customized native seed mix of
forest grasses, sedges, and wildflowers will be broadcast in areas with low native cover. The site will be managed over three (3)
growing seasons to ensure that invasive resprouts and seedlings are controlled and native vegetation is well established.
Management will consist primarily of spot-spraying invasive species.
The City of Mendota Heights is planning a volunteer planting day at the site. Native forest trees (and possibly shrubs) will be
installed in appropriate locations to fill canopy gaps and enhance the site’s habitat value and aesthetic appeal.
PROJECT OBJECTIVES
The City of Mendota Heights lacks dedicated funds for this initial forest enhancement work; however, the City has secured the
required matching funds and is committed to budgeting for long-term management of the project area once this work is
completed. Without this grant, the site will remain in its current degraded condition, with continued loss of native plant cover,
poor oak regeneration, sediment moving into the creek and Mississippi River, and reduced aesthetic and habitat value.
METHODS
(N/A)
EXPERIENCE / ABILITIES
(N/A)
PROJECT TIMELINE
Time Frame Goal
Fall/ Winter 2021/22 Remove Invasive Woody Vegetation
Spring/Summer 2022 Control Invasive Herbaceous VegetationSpring/Summer 2022 Control Invasive Herbaceous Vegetation
Fall 2022 Foliar Treat Woody Resprouts/Seedlings
Spring/Summer 2023 Control Invasive Herbaceous VegetationSpring/Summer 2023 Control Invasive Herbaceous Vegetation
Fall 2023 Foliar Treat Woody Resprouts/Seedlings
Fall 2023 Install Herbaceous VegetationFall 2023 Install Herbaceous Vegetation
Fall 2023 Install Woody Vegetation
Estimated Project Completion Date: 2023-12-31
PROJECT INFORMATION
(N/A)
1. Describe the degree of collaboration and local support for this project.
- Page 2 -
CONSERVATION PARTNERS LEGACY GRANT
PROJECT INFORMATION (Continued)
(N/A)
2. Describe any urgency associated with this project.
(N/A)
3. Discuss if there is full funding secured for this project, the sources of that funding and if CPL Grant funds will
supplement or supplant existing funding.
(N/A)
4. Describe public access at project site for hunting and fishing, identifying all open seasons.
(N/A)
5. Discuss use of native vegetation (if applicable).
(N/A)
6. Discuss your budget and why it is cost effective.
7. Provide information on how your organization encourages a local conservation culture. This includes your
organization's history of promoting conservation in the local area, visibility of work to the public and any activities
and outreach your organization has completed in the local area.
(N/A)
BUDGET INFORMATION
City, State ZIP Code: Mendota Heights, MN 55118
Street Address 2: Victoria Curve
Organization's Fiscal Contact Information
Name: Krista Spreiter
Title: Natural Resources Technician
Email: kristas@mendota-heights.com
Phone: 651-255-1123
Street Address 1: 1101
Budget Details
Personnel
Amount Grant/Match In-kind/CashNameTitle / Work to be completed
City of Mendota Heights Pub. Wrks/brush disposal $500 Match In-Kind
Krista Spreiter NR Tech/monit & voluntr coord $2,000 Match In-Kind
Contracts
Amount Grant/Match In-kind/CashContractor Name Contracted Work
To be Determined Remove Invasive Woody Veg $34,000 Grant (N/A)
To be Determined Control Invasive Herbaceous $10,500 Grant (N/A)
To be Determined Install Herbaceous Vegetation $5,500 Grant (N/A)
Equipment/Tools/Supplies
Amount Grant/Match In-kind/CashItemPurpose
Native Trees/Shrubs Woody Plantings $2,500 Match Cash
Additional Funding
Additional Funding Amount:$0
Budget Overview
TotalMatchGrantItem Type
Personnel - $2,500 $2,500
- Page 3 -
CONSERVATION PARTNERS LEGACY GRANT
BUDGET INFORMATION (Continued)
Budget Overview (Continued)
TotalMatchGrantItem Type
Contracts $50,000 - $50,000
Fee Acquisition with PILT - - -
Fee Acquisition without PILT - - -
Easement Acquisition - - -
Easement Stewardship - - -
Travel (in-state) - - -
Professional Services - - -
DNR Land Acquisition Cost - - -
Equipment/Tools/Supplies - $2,500 $2,500
Additional Budget Items - - -
Totals:$50,000 $5,000 $55,000
SITE INFORMATION
You may group your project sites together as long as land ownership, activity and habitat information is the same for the land
manager.
Email: kristas@mendota-heights.com
Phone: 651-255-1123
Title: Natural Resources Technician
Organization: City of Mendota Heights
Name: Krista Spreiter
Land Manager
Habitat:Forest Activity:Enhancement Land Ownership:Local Government
Site Information
(1)Open to Public Hunting?NoSite Name: Valley Park Forest Enhancement
Acres: 16
DOW Lake #: (N/A)Open to Public Fishing?No
PLS Section: Township - 28, Range - 23W, Section - 23
NATURAL HERITAGE DATABASE REVIEW
Natural Heritage elements were found within my project site(s): Yes
Natural Heritage Sites and Managers: (N/A)
Natural Heritage Elements: (N/A)
- Page 4 -
CONSERVATION PARTNERS LEGACY GRANT
NATURAL HERITAGE DATABASE REVIEW (Continued)
Natural Heritage Mitigation: No elements found within project site. Elements within 1 mile of the site:
• Actinonaias ligamentina – Mucket
• Anguilla rostrata - American eel
• Arcidens confragosus - Rock pocketbook
• Bombus affinis - Rusty-patched bumble bee
• Cycleptus elongatus - Blue sucker
• Cyclonaias tuberculata - Purple wartyback
• Ellipsaria lineolata - Butterfly mussel
• Elliptio crassidens - Elephant-ear
• Emydoidea blandingii - Blanding's Turtle
• Eurynia dilatata – Spike
• Freshwater Mussel Concentration Area - Mussel Sampling Site
• Lampsilis teres - Yellow Sandshell
• Leptodea leptodon – Scaleshell
• Ligumia recta - Black Sandshell
• Necturus maculosus – Mudpuppy
• Notropis anogenus - Pugnose Shiner
• Plethobasus cyphyus – Sheepnose
• Pleurobema sintoxia - Round Pigtoe
• Polyodon spathula – Paddlefish
• Quadrula fragosa - Winged Mapleleaf
• Quadrula nodulata – Wartyback
• Reginaia ebenus – Ebonyshell
• Schinia lucens - Leadplant Flower Moth
• Theliderma metanevra – Monkeyface
• Tritogonia verrucosa – Pistolgrip
• Truncilla donaciformis – Fawnsfoot
• Vireo bellii - Bell's Vireo
ATTACHMENTS
Additional Documentation
Attach additional documentation as applicable using the appropriate cagtegories below. If you exceed the size limit while
uploading, contact CPL Grant staff to discuss your options.
Photo
File Name Description
Valley_Park_-_dense_Buckthorn.jpg Dense buckthorn
Valley_Park_-_dense_Buckthorn_and_Honeysuckle_on_s
teep_slope.jpg
Dense buckthorn & honeysuckle on steep slopeValley_Park_-_dense_Buckthorn_and_Honeysuckle_on_s
teep_slope.jpg
Dense buckthorn & honeysuckle on steep slope
Valley_Park_-_Lowland_Forest_with_Garlic_mustard.jpg Lowland forest with garlic mustard
Valley_Park_-_Mesic_Forest_with_Garlic_mustard.jpg Mesic Forest with bare soil & garlic mustardValley_Park_-_Mesic_Forest_with_Garlic_mustard.jpg Mesic Forest with bare soil & garlic mustard
Valley_Park_-_Mesic_Forest_with_Wild_ginger_et_al.jpg High quality Mesic Forest with wild ginger & native ground cover
FINAL APPLICATION SUBMISSION
I certify that I have read the Conservation Partners Legacy Grants Program Request for Proposal, Program
Manual and other program documents, and have discussed this project with the appropriate public land
manager, or private landowner and easement holder.
I certify I am authorized to apply for and manage these grant and match funds, and the project work by the
organization or agency listed below. I certify this organization to have the financial capability to complete this
project and that it will comply with all applicable laws and regulations.
I certify that all of the information contained in this application is correct as of the time of the submission. If
anything should change, I will contact CPL Grant staff immediately to make corrections.
- Page 5 -
CONSERVATION PARTNERS LEGACY GRANT
FINAL APPLICATION SUBMISSION (Continued)
I certify that if funded I will give consideration to and make timely written contact to Minnesota Conservation
Corps or its successor for consideration of possible use of their services to contract for restoration and
enhancement services. I will provide CPL Grant staff a copy of that written contact within 10 days after the
execution of my grant, should I be awarded.
I certify that I am aware at least one Land Manager Review and Approval form is required for every application
and at least one Public Waters Contact form is required for all public waters work. I am aware I must submit all
completed forms by uploading them into this applidation. I have attached the required type and number of
forms as necessary for this project.
I am aware that by typing my name in the box below, I am applying my signature to this online document.
Signature: Organization / Agency:
Date Signed: Title:
(CPL Grant Application ID = 1840)
- Page 6 -
REQUEST FOR COUNCIL ACTION
DATE: May 18, 2021
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
Krista Spreiter, Natural Resources Technician
SUBJECT: Approve Dakota County Aquatic Invasive Species Grant Program Agreement
COMMENT:
INTRODUCTION
The City Council is asked to approve an agreement with Dakota County for the treatment of
Curly Leaf Pondweed (CLP) in Rogers Lake.
BACKGROUND
The City of Mendota Heights, in partnership with the Rogers Lake Improvement Association,
submitted a Dakota County Aquatic Invasive Species (AIS) grant application for the treatment of
Curly Leaf Pondweed, an invasive, non-native aquatic plant present in Rogers Lake.
The City was awarded the grant from Dakota County for the full amount requested of $7,000.
This is similar to a smaller grant which was received last year.
The grant award requires a $2,000 match that will be provided using both in-kind and cash-
match funds. Cash-match funds in the amount of $1,400 will be provided by the City of Mendota
Heights and the Rogers Lake Improvement Association; both contributing $700 each in cash-
match funding. Remaining matching funds will provided as in-kind services by City staff and
members of the Rogers Lake Improvement Association. Grant funds are provided to the City on
a reimbursement basis.
The grant period begins once all required signatures and documents have been attained, and
notice to proceed has been given. The grant period ends December 1, 2021.
DISCUSSION
The proposed CLP treatment and prevention program entails the treatment of Curly Leaf
Pondweed, as well as an educational outreach program for Mendota Heights’ residents in the
identification and prevention of CLP, as well as other Aquatic Invasive Species. As part of the
program, an in-lake delineation was required and completed for Rogers Lake. That identified
the locations of CLP presence and abundance, as well as areas of native vegetation to be
preserved. The treatment will take place in late spring/early summer to treat the areas of CLP
that are now growing and active, and reduce and avoid impact to native aquatic vegetation.
The prevention element of the program will include educational materials and outreach activities
provided at city events such as the Fishing Derby and the Parks Celebration, as well as articles in
Friday News and Heights Highlights.
BUDGET IMPACT
The grant agreement requires a $700 cash-match that the City will provide from the City’s
Stormwater budget.
RECOMMENDATION
Staff recommends that the City Council approve the Dakota County Aquatic Invasive Species
Grant Program Agreement for the Rogers Lake CLP Treatment and Prevention Program project,
and authorize the Mayor and City Clerk to execute such agreement.
ACTION REQUIRED
If the Council concurs, it should, by motion, approve the attached Dakota County Aquatic
Invasive Species Grant Program contract, and authorize it to be executed by the Mayor and City
Clerk. This action requires a simple majority vote.
Dakota County Contract #C0033985 Page | 1 of 7
Dakota County Contract #C0033985
AQUATIC INVASIVE SPECIES AID
GRANT AGREEMENT
This Grant Agreement (Agreement) is made and entered into by and between the County of Dakota,
acting through its Environmental Resources Department (County) and the City of Mendota Heights
(City).
RECITALS
WHEREAS, under Minn. Stat. Ch. 373.01 the County is empowered to enter into this Agreement;
WHEREAS, the County has received an appropriation from the State of Minnesota for Aquatic
Invasive Species Prevention Aid;
WHEREAS, pursuant to Minnesota Statute Section 477A.19, the County has authority to coordinate
programs to manage and prevent the growth of aquatic invasive species with local units of
government, soil and water conservation districts, watershed districts, or lake associations, in the
County; and
WHEREAS, the City of Mendota Heights has proposed Rogers Lake Curly-Leaf Pondweed Treatment
and Prevention (Services).
WHEREAS, the City agrees to perform all Services described in this Agreement to the satisfaction of
the County;
NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises
and covenants contained in this Agreement, the County and the City agree as follows:
AGREEMENT
1. Parties. The parties to this Agreement are the County and City, collectively referred to as the
“parties”.
2. Effective Date and Term. Notwithstanding the dates of signatures of the parties to this
Agreement, the effective date of this Agreement is from April 1, 2021 through December 31,
2021, or until completion by the parties of their respective obligations under this Agreement,
whichever occurs first, unless earlier terminated by law or according to the provisions of this
Agreement.
3. Purpose. The purpose of this Agreement is to disburse Dakota County AIS Prevention Aid to
the City for Aquatic Invasive Species prevention activities.
4. City Obligations.
A. City shall provide the following services (Services), described as Rogers Lake Curly-
Leaf Pondweed Treatment and Prevention, and more specifically in accordance with
Dakota County’s Aquatic Invasive Species Plan and Dakota County’s Aquatic Species
Grant Program, attached hereto and incorporated by reference herein as Exhibits A
and B, and the City’s Proposal, attached hereto and incorporated by reference herein
as Exhibit C.
Dakota County Contract #C0033985 Page | 2 of 7
If there are any inconsistencies between this Agreement and the Exhibits, the priority of
documents shall be as follows: 1) this Agreement; 2) the County’s Aquatic Invasive
Species Plan (Exhibit A); 3) the County’s Aquatic Invasive Species Grant Program
(Exhibit B); 4) the City’s Proposal (Exhibit C).
B. Publicity: The City shall acknowledge funding or services provided by the County in
any promotional materials, signage, reports, publications, notices, or presentations
related to activities conducted under this Agreement. This section shall survive the
expiration or termination of this Agreement.
5. Reimbursement from the County. The City will claim reimbursement for expenditures
incurred in connection with the performance of activities that are eligible for reimbursement in
accordance with this Agreement, the County’s Aquatic Invasive Species Plan, and the
County’s Aquatic Invasive Species Grant Program.
The County will reimburse the City within 45 calendar days of the City’s submission of invoices
to the County. Invoices must be submitted in the form acceptable to the County. All requests
for reimbursement must be submitted by December 15, 2021. The City must certify that the
requested reimbursements are accurate, appropriate and eligible in accordance with the
Dakota County Aquatic Invasive Species Plan, attached hereto and incorporated by reference
to this Agreement as Exhibit A, that the City has documentation of the actual expenditures for
which reimbursement is sought, and that such expenditures have not been otherwise
reimbursed. All requests for reimbursement shall be made to:
Dakota County Environmental Resources Department
Attn: Emily Gable
14955 Galaxie Avenue
Apple Valley, MN 55124
Email: emily.gable@co.dakota.mn.us
The City understands and agrees that payments by the County to the City under this
Agreement are dependent upon payments to the County from the State, through the
Department of Revenue. The parties agree that payment to the County from the State is a
condition precedent of this Agreement and if payment from the State is not obtained or
continued or is decreased by any amount the County may reduce or terminate this Agreement
by giving the City 30 days’ notice. If the Agreement is terminated due to lack of funding from
the State, the City shall only be entitled to the actual cost of Services rendered up to the date
of termination. If payment from the State to the County is decreased, the Parties may
negotiate a decrease in the amount of Services provided in the Agreement. The City agrees
that the County’s decision not to terminate shall be sufficient consideration for any modification
of the Agreement.
6. Authorized Representatives. The following named persons are designated as the Authorized
Representatives of the parties for purposes of this Agreement. These persons have authority
to bind the party they represent and to consent to modifications, except that the Authorized
Representatives shall have only the authority specifically granted by their respective governing
boards. Notice required to be provided pursuant this Agreement shall be provided to the
following named persons and addresses unless otherwise stated in this Agreement, or in a
modification to this Agreement:
Dakota County Contract #C0033985 Page | 3 of 7
For the County: For the Grantee:
Georg Fischer or successor, Director Stephanie Levine or successor, Mayor
Environmental Resources Department City of Mendota Heights
14955 Galaxie Avenue 1101 Victoria Curve
Apple Valley, MN 55124 Mendota Heights, MN 55118
Telephone: 952-891-7554 Telephone: 651-452-1850
Email: georg.fischer@co.dakota.mn.us Email: slevine@mendota-heights.com
In addition, notification to the County or the City regarding termination of this Agreement by the
other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560
Highway 55, Hastings, MN 55033.
The parties shall provide written notification to each other of any change to the Authorized
Representative. Such written notification shall be effective to change the designated
Authorized Representative under this Agreement, without necessitating an amendment of this
Agreement.
7. Indemnification and Insurance. Each party to this Agreement shall be liable for the acts or
omissions of its officers, directors, employees or agents and the results thereof to the fullest
extent authorized by law and shall not be responsible for the acts of the other party, its
officers, directors, employees or agents. It is understood and agreed that the provisions of the
Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability
arising from the parties’ acts or omissions. In the event of any claims or actions asserted or
filed against either party, nothing in this Agreement shall be construed to allow a claimant to
obtain separate judgments or separate liability caps from the individual parties. To insure a
unified defense against any third-party liability claims arising from work of the Services, City
agrees to require all contractors or subcontractors hired to perform any work to complete the
Services on the Project to maintain commercial general liability insurance in the amounts
consistent with the minimum limits of coverage established by Minn. Stat. § 466.04 during the
provisions of services under this Agreement. Each party warrants that they will comply with the
indemnity requirements through an insurance company, the League of Minnesota Cities
Insurance Trust, or self-insurance program and that each has minimum coverage consistent
with the liability limits contained in Minn. Stat. Ch. 466.
8. Government Data Practices. All data collected, created, received, maintained, or
disseminated for any purpose by the activities of the City because of this Agreement is
governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13,
as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well
as Federal regulations on data privacy, including but not limited to the Health Insurance
Portability and Accountability Act (HIPPA) where it applies. The City agrees to abide by these
statutes, rules and regulations and as the same may be amended from time to time.
9. Assignment, Amendments, Waiver and Complete Agreement.
A. Assignment. The City may neither assign nor transfer any rights or obligations under
this Agreement without the prior consent of the County and a fully executed assignment
agreement, executed by the County and the City.
1. Use of Contractors. The City will engage contractors to perform activities funded
pursuant to this Agreement. However, the City retains primary responsibility to
the County for performance of the activities and the use of such contractors does
not relieve the City from any of its obligations under this Agreement.
Dakota County Contract #C0033985 Page | 4 of 7
If the City engages any contractors to perform any part of the activities, the City agrees
that the contract for such services shall include the following provisions:
(a) The contractor must maintain all records and provide all reporting as
required by this Agreement.
(b) The contractor must defend, indemnify, and save harmless the County
from all claims, suits, demands, damages, judgments, costs, interest, and
expenses arising out of or by reason of the performance of the contracted
work, caused in whole or in part by any negligent act or omission of the
contractor, including negligent acts or omissions of its employees,
subcontractors, or anyone for whose acts any of them may be liable.
(c) The contractor must provide and maintain insurance through the term of
this Agreement in amounts and types of coverage as set forth in the
Insurance Terms, which is attached an Incorporated as Exhibit D, and
provide to the County, prior to commencement of the contracted work, a
certificate of insurance evidencing such insurance coverage.
(d) The contractor must be an independent contractor for the purposes of
completing the contracted work.
(e) The contractor must acknowledge that the contract between the City and
the contractor does not create any contractual relationship between
County and the contractor.
(f) The contractor shall perform and complete the activities in full compliance
with this Agreement and all applicable laws, statutes, rules, ordinances,
and regulations issued by any federal, state, or local political subdivisions
having jurisdiction over the activities.
B. Amendments. Any amendment to this Agreement must be in writing and executed by
the parties.
C. Waiver. If the County fails to enforce any provision of this Agreement, that failure shall
not result in a waiver of the right to enforce the same or another provision of this
Agreement.
D. Agreement Complete. This Agreement and exhibits contain all negotiations and
agreements between the parties. No other understanding regarding this Agreement,
whether written or oral may be used to bind either party.
10. Audit. The City shall maintain books, records, documents and other evidence pertaining to the
costs or expenses associated with the work performed pursuant to this Agreement. Upon
request the City shall allow the County, Legislative Auditor or the State Auditor to inspect,
audit, copy or abstract all books, records, papers or other documents relevant to this
Agreement. The City shall use generally accepted accounting principles in the maintenance of
such books and records, and shall retain all such books, records, documents and other
evidence for a period of six (6) years from the date of the completion of the activities funded by
this Agreement.
Dakota County Contract #C0033985 Page | 5 of 7
11. Relationship of the Parties. Nothing contained in this Agreement is intended or should be
construed as creating or establishing the relationship of co-partners or joint ventures between
the County and the City, nor shall the County be considered or deemed to be an agent,
representative or employee of the City in the performance of this Agreement. Personnel of the
City or other persons while engaging in the performance of this Agreement shall not be
considered employees of the County and shall not be entitled to any compensation, rights or
benefits of any kind whatsoever.
12. Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice-of-law
provisions, governs this Agreement. Venue for all legal proceedings arising out of this
Agreement or its breach, must be with the appropriate state court with competent jurisdiction in
Dakota County.
13. Nondiscrimination. The City agrees to comply with all applicable laws relating to
nondiscrimination and affirmative action. In particular, the City agrees not to discriminate
against any employee, applicant for employment, or participant in this Agreement because of
race, color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, membership or activity in a local civil rights commission, disability, sexual
orientation, or age; and further agrees to take action to ensure that applicants and employees
are treated equally with respect to all aspects of employment, including selection for training,
rates of pay, and other forms of compensation.
14. Compliance with the Law. The City agrees to conduct its work under this Agreement in
compliance with all applicable provisions of federal, state, and local laws, ordinances, or
regulations. The City is responsible for obtaining and complying with all federal, state, or local
permits, licenses, and authorizations necessary for performing the work.
15. Default and Remedies.
A. Events of Default. The following shall, unless waived in writing by the County,
constitute an event of default under this Agreement: If the City fails to fully comply with
any material provision, term, or condition contained in this Agreement.
B. Notice of Event of Default and Opportunity to Cure. Upon the County's giving the
City written notice of an event of default, the City shall have thirty (30) calendar days in
which to cure such event of default, or such longer period of time as may be
reasonably necessary so long as the City is using its best efforts to cure and is making
reasonable progress in curing such events of default (the “Cure Period”). In no event
shall the Cure Period for any event of default exceed two (2) months. Within ten (10)
calendar days after receipt of notice of an event of default, the City shall propose in
writing the actions that the City proposes to take, and the schedule required to cure the
event of default.
C. Remedies. Upon the City’s failure to cure an event of default within the Cure Period,
the County may enforce any or all of the following remedies, as applicable:
1. The County may refrain from disbursing the grant monies; provided, however,
the County may make such a disbursement after the occurrence of an event of
default without thereby waiving its rights and remedies hereunder.
2. The County may enforce any additional remedies it may have in law or equity.
Dakota County Contract #C0033985 Page | 6 of 7
3. The County may terminate this Agreement and its obligation to provide funds
under this Agreement for cause by providing thirty (30) days’ written notice to
the City. Such notice to terminate for cause shall specify the circumstances
warranting termination of the Agreement. Cause shall be a material breach of
this Agreement and any supplemental agreement or modification to this
Agreement or an event of default. Notice of Termination shall be made by
certified mail or personal delivery to the Authorized Representative of the other
party. For purposes of termination and default, all days are calendar days.
16. Non-Appropriation. Notwithstanding any provision of this Agreement to the contrary, this
Agreement may be terminated immediately by the County in the event sufficient funds from the
County, State, or Federal sources are not appropriated, obtained and continued at least at the
level relied on for the funding of this Agreement, and the non-appropriation of funds did not
result from any act or bad faith on the part of the County.
17. Ownership of Materials and Intellectual Property Rights.
A. The County agrees to, and hereby does, assign all rights, title and interest it may have
in the materials conceived or created by the City, or its employees or sub-grantees,
and which arise out of the performance of this Agreement, including any inventions,
reports, studies, designs, drawings, specifications, notes, documents, software and
documentation, computer-based training modules, electronically, magnetically or
digitally recorded material, and other work in whatever form (Materials) to the City.
B. The City represents and warrants that Materials produced or used under this
Agreement do not and will not infringe upon any intellectual property rights of another.
Notwithstanding anything in this Agreement to the contrary, City shall indemnify and
defend the County, at its expense, from any action or claim brought against the County
to the extent that it is based on a claim that all or parts of the Materials infringe upon
the intellectual property rights of another.
The rights and remedies herein specified are cumulative and not exclusive of any rights or
remedies that the Authority would otherwise possess.
18. Firearms Prohibited. Unless specifically required by the terms of this Agreement, no provider
of services pursuant to this Agreement, including but not limited to employees, agents or
subcontractors of City shall carry or possess a firearm on County premises or while fulfilling the
requirements pursuant to the terms of this Agreement. Violation of this provision constitutes
grounds for immediate suspension or termination of this Agreement at the sole discretion of the
County.
19. Compliance with DNR requirements.
A. Prior to conducting authorized watercraft inspections at water accesses, City must be a
local government unit and execute a Delegation Agreement with the Minnesota
Department of Natural Resources (DNR).
B. City must obtain a permit from the DNR prior to conducting invasive aquatic plant
management activities.
20. Severability. Every section, provision or part of this Agreement is declared severable from every
other section, provision or part thereof to the extent that if any sections, provision or part of this
Agreement shall be held invalid by a court of competent jurisdiction, it shall not invalidate any
other section, provision or part thereof.
Dakota County Contract #C0033985 Page | 7 of 7
21. Survival of terms. The following clauses survive the expiration or termination of this Agreement:
4.B. Publicity; 7. Indemnification; 8. Government Data Practices; 10. Audits; 12. Governing Law,
Jurisdiction and Venue.
22. Electronic Signatures. Each party agrees that the electronic signatures of the parties included
in this Contract are intended to authenticate this writing and to have the same force and effect
as wet ink signatures.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated
below.
FOR DAKOTA COUNTY
(I represent and warrant that I am authorized
to execute this contract on behalf of Dakota
County.)
By: ____________________________________
Georg T. Fischer, Director
Environmental Resources Department
Date of
signature:__________________________
APPROVED AS TO FORM:
/s/ Helen R. Brosnahan 4/26/21
Assistant County Attorney Date
County Attorney File No: KS-21-170-010
FOR THE CITY
(We represent and warrant that we are
authorized by law to execute this contract
and legally bind the City.)
By: _________________________________
Stephanie Levine, Mayor
Date of signature: _____________________
By: _________________________________
______________________, City Clerk
Date of signature: _____________________
Dakota County Resolution Number: 20-631
Request for City Council Action
DATE: May 18, 2021
TO: Mayor and City Council, City Administrator, and Assistant City
Administrator
FROM: Meredith Lawrence, Recreation Program Coordinator
SUBJECT: Review Recommendation for Annual Par 3 Senior Golf Pass
INTRODUCTION
The City Council is asked to consider and approve implementation of a recommendation from the
Parks and Recreation Commission regarding the offering of an annual senior golf pass for use at
the Mendota Heights Par 3.
BACKGROUND
As an incentive for seniors to play the course, the Parks and Recreation Commission reviewed
the City Council’s idea of adding an annual senior golf pass for unlimited use (with restrictions)
to the greens fees offerings. The following is recommended for consideration and discussion:
Senior Golf Pass:
•Cost $200 for the remainder of the 2021 golf season; greens fees only carts
not included. If extended to 2022, those fees will be determined at that time for a full
season.
•Hours of play/use: Monday through Friday from 7:30am – 1:00pm.
•Tee times are available first come, first serve and may not be made more than 7 days
in advance. Golfers/senior pass holders will not be able to play on the course when
a portion of the holes or the entire course is closed due to weather, course
maintenance, city programming or other special events.
•One round per pass holder per day; identification and season pass is required at check-
in.
•Passes are not transferable or refundable.
•All other course rules apply.
If the decision is to institute an annual pass the City’s fee schedule would need to be amended.
The anticipated initial availability date of the pass would be the first full week in June.
DISCUSSION
For added background information, greens fees for juniors (age 11 and under) and seniors (age
65 and older) are discounted from regular greens fees depending on the day of play (i.e. weekday
versus weekend).
In addition to per round greens fees, the course offers a 10 round greens fee punch card for $100.00.
This punch card is available to any golfer, in any age category. The punch card may be used by
groups, households, or multiple golfers such as those playing in informal golf “leagues” to pay for
rounds of golf during any available tee time. Current course rates are as follows:
Greens Fees Weekday Rate Weekend Rate 10 Round Punch Card
Round of golf $12.00 $14.00 $100.00
($10.00 per round) Junior/Senior $11.00 $13.00
Second Round $6.00 $6.00
Available point of sale data shows that the Par 3 course has seen, with only a slight decrease from
2018 to 2019 in senior weekend rounds, an increase in senior play on weekdays and weekends:
Year Weekday Senior
Rounds
Weekend Senior
Rounds
2018 1,033 230
2019 1,273 216
2020 1,438 275
Punch card sales for the past three years are as follows:
As of May 9, for this season the course has sold 101 punch cards.
BUDGET
The impact an annual senior golf pass on the Par 3 revenues will be dependent on the amount of
passes sold, and the number of rounds played by a senior user. The remainder of 2021 would be a
demonstration/test year.
RECOMMENDATION
After discussion at its May 11th meeting, the Park and Recreation Commission recommends that
the City Council approve the addition of a Par 3 Senior Golf Pass with the stipulations listed above
and direct staff to post a notice to consider the addition to the City’s fee schedule by ordinance.
This fee schedule addition would be considered at the June 1 meeting.
ACTION REQUIRED
If the Council concurs, it should, by motion, approve the creation of a Par 3 Senior Golf Pass and
direct staff to post a notice of an addition to the fee schedule.
Year Punch Cards Sold
2018 55*
2019 112
2020 190
*in 2018 punch cards were offered in denominations of 5 and 10
rounds pass options. That season the course sold 55 10-round
passes and 115 5-round passes.
DATE: May 18, 2021
TO: Mayor and City Council,
City Administrator
FROM: Dave Dreelan, Fire Chief.
SUBJECT: Approve Acquisition Method for New Fire Truck
COMMENT:
INTRODUCTION
The City Council is asked to approve the use of a purchasing cooperative to meet competitive
bidding requirements for the acquisition of the new fire truck.
BACKGROUND
During the previous two budget session, the City Council has been made aware of the need to
replace the 1998 Freightliner 65’ ladder truck in the MHFD.
In January, 2021, the department establish a truck committee for the purpose of researching
options for the replacement of this truck. The truck committee has met with multiple vendors
and visited numerous departments in the metro area in order to define what type of apparatus will
best fill our needs. The committee is now ready to begin the process of developing vehicle
specifications which will assist in getting an accurate price estimate.
Historically, truck committees have worked closely with one vendor to develop a specification
and then put that specification out for open bid and hope that other builders were willing to bid
on that specification. In some case the department ended up with a low bid from a builder they
were comfortable with. However, in many cases a builder in which the department had never
worked with was low bid, which then required the committee to so a substantial amount of work
to vet the company and their product.
Over the last few years the landscape of apparatus bidding has changed because of several
national bidding consortiums. The one most predominant one in our area is the Houston-
Galveston Area Council (HGAC). We recently purchased our SCBA from a local dealer through
this consortium.
This consortium has allowed the truck committees to select a product and a local builder they are
confident in and with and work closely with that builder from start to finish without the worry of
having an inexperienced or un-vetted builder undercutting local and established builders. At the
same time this process assures the pricing is at or below market levels.
The department is seeking permission to join the HGAC. This will allow the truck committee to
begin working closely with one vendor in order to further develop the truck specification and
develop an accurate price estimate.
The most recent estimated cost of the ladder truck is $820,000, although the recent spike in steel
prices may affect that. It is anticipated that a commitment to buy would be made late in 2021.
The City Attorney has reviewed the attached contract, and opined that this method meets
provisions for competitive bidding. He also noted that cooperative purchasing agreements have
become much more commonplace when used in the acquisition of such things as major prices of
equipment.
BUDGET IMPACT
There is no cost to join the HGAC.
The FY 2021 budget shows the cost of the truck estimated to be $840,000. While the source of
funding for the actual truck will be confirmed as part of the 2022 budget discussion, it has been
assumed that it will be purchased through the issuance of equipment certificates. To issue
equipment certificates means that money is borrowed through the sale of a bond, and repaid
through increased property taxes. These certificates are typically sold with a term of 10 years.
RECOMMENDATION
It’s my recommendation that we entering into a contract with the HGAC.
ACTION REQUIRED
If the Council concurs, it should, by motion, authorize the City to enter into a contract with the
Houston-Galveston Area Council purchasing cooperative, so that the process of spec writing for a
replacement ladder truck for the MHFD can get started.
INTERLOCAL CONTRACT FOR
COOPERATIVE PURCHASING
ILC No.:
ILC2111235
Permanent Number assigned
by HGAC
THIS INTERLOCAL CONTRACT ("Contract"), made and entered into pursuant to the Texas Interlocal Cooperation Act,
Chapter 791, Texas Government Code (the "Act"), by and between the HoustonGalveston Area Council, hereinafter referred
to as "HGAC," having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, and
, a local government, a state agency, or a nonprofit corporation created and operated to provide one or
more governmental functions and services, hereinafter referred to as "End User," having its principal place of business at
, .
City Of
Mendota Heights
1101
Victoria Curve Mendota Heights MN 55118
WITNESSETH
, HGAC is a regional planning commission and political subdivision of the State of Texas operating under
Chapter 391, Texas Local Government Code; and
WHEREAS
, pursuant to the Act, HGAC is authorized to contract with eligible entities to perform governmental functions and
services, including the purchase of goods and services; and
WHEREAS
, in reliance on such authority, HGAC has instituted a cooperative purchasing program under which it contracts
with eligible entities under the Act; and
WHEREAS
, End User has represented that it is an eligible entity under the Act, that its governing body has authorized this
Contract on (Date), and that it desires to contract with HGAC on the terms set forth below;
WHEREAS
05/18/2021
, HGAC and the End User do hereby agree as follows:NOW, THEREFORE
ARTICLE 1: LEGAL AUTHORITY
The End User represents and warrants to HGAC that (1) it is eligible to contract with HGAC under the Act because it is one
of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political
subdivision of the State of Texas or any other state), or a combination of two or more of those entities, a state agency (an
agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another
state), or a nonprofit corporation created and operated to provide one or more governmental functions and services, and (2) it
possesses adequate legal authority to enter into this Contract.
ARTICLE 2: APPLICABLE LAWS
HGAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules,
regulations, and ordinances and laws in effect or promulgated during the term of this Contract.
ARTICLE 3: WHOLE AGREEMENT
This Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and
supersede any and all oral and written agreements between the parties relating to matters herein.
ARTICLE 4: PERFORMANCE PERIOD
The period of this Contract shall be for the balance of the fiscal year of the End User, which began and ends
. This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year, provided that
such renewal shall not have the effect of extending the period in which the End User may make any payment due an H GAC
contractor beyond the fiscal year in which such obligation was incurred under this Contract.
01/01/2021
12/31/2021
ARTICLE 5: SCOPE OF SERVICES
The End User appoints HGAC its true and lawful purchasing agent for the purchase of certain products and services through
the H GAC Cooperative Purchasing Program. End User will access the Program through HGACBuy.com and by submission
of any duly executed purchase order, in the form prescribed by HGAC to a contractor having a valid contract with HGAC.
All purchases hereunder shall be in accordance with specifications and contract terms and pricing established by HGAC.
Ownership (title) to products purchased through HGAC shall transfer directly from the contractor to the End User.
ARTICLE 6: PAYMENTS
HGAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, and
presentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay H
GAC’s contractor the full amount of the invoice. All payments for goods or services will be made from current revenues
available to the paying party. In no event shall HGAC have any financial liability to the End User for any goods or services
End User procures from an H GAC contractor.
ARTICLE 7: CHANGES AND AMENDMENTS
This Contract may be amended only by a written amendment executed by both parties, except that any alterations, additions, or
deletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automatically
incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such
law or regulation.
HGAC reserves the right to make changes in the scope of products and services offered through the HGAC Cooperative
Purchasing Program to be performed hereunder.
ARTICLE 8: TERMINATION PROCEDURES
HGAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to the other
party to this Contract. The obligations of the End User, including its obligation to pay HGAC’s contractor for all costs
incurred under this Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under
this Contract, until performed or discharged by the End User.
ARTICLE 9: SEVERABILITY
All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination
shall not affect any other term of this Contract, which shall continue in full force and effect.
ARTICLE 10: FORCE MAJEURE
To the extent that either party to this Contract shall be wholly or partially prevented from the performance within the term
specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts
of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not
attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be
suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely
to pay funds. Determination of force majeure shall rest solely with HGAC.
ARTICLE 11: VENUE
Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of
purchase.
THIS INSTRUMENT HAS BEEN EXECUTED BY THE PARTIES HERETO AS FOLLOWS:
City Of Mendota Heights
Name of End User (local government, agency, or nonprofit
corporation)
1101 Victoria Curve
Mailing Address
, Mendota Heights MN 55118
City, State ZIP Code
Signature of chief elected or appointed official | Date
, Mark McNeill City Administrator
Typed Name & Title of Signatory
HoustonGalveston Area Council
3555 Timmons Lane, Suite 120, Houston, TX
77027
By:
Executive Director
Date:
END USER DATA
Please sign and return the Interlocal Contract, along with this completed form, to HGAC by emailing it to
cpcontractfax@hgac.com or by faxing it to 7139932424. The contract may also be mailed to:
HGAC Cooperative Purchasing Program
P.O. Box 22777, Houston, TX 772272777
County Name: Name of End User Agency:City Of Mendota Heights Dakota
Mailing Address: , 1101 Victoria Curve Mendota Heights MN 55118
Main Telephone Number: FAX Number: 6514521850 6514064776
Physical Address: , 1101 Victoria Curve Mendota Heights MN >55118
Web Site Address: www.mendotaheights.com
Official Contact:Dave Dreelan
Mailing Address: 2121 Dodd Rd
, Mendota Heights MN 55120
Title: Fire Chief
Ph No.: 6514852272
FX No.: 6514064776
EMail Address: daved@mendotaheights.com
Authorized Official:Mark McNeill
Mailing Address: 1101 Victoria Curve
, Mendota Heights MN 55118
Title: City Administrator
Ph No.: 6512551153
FX No.: 6514528940
EMail Address: markm@mendotaheights.com
COMPLETING AND EXECUTING THE ILC PROCESS
Step 1 (complete)
Thank you for completing this step. A PDF copy of the ILC document will be delivered to the email address entered.
Step 2
Secure a signature by the individual identified as the Authorized Official to contractually bind your entity.
Step 3
Scan and email a copy of the contract to HGAC at cpcontractfax@hgac.com, or fax it to 7139932424.
The contract may also be mailed to:
PO Box 22777
Houston, TX 772272777
HGAC Cooperative Purchasing Program
If you require an original signed contract, please print, sign, and mail two (2) sets of the ILC documents.
Step 4
HGAC will execute the contract and return a copy to you electronically.
INTERLOCAL CONTRACT FORCOOPERATIVE PURCHASING ILC No.:ILC2111235Permanent Number assignedby HGACTHIS INTERLOCAL CONTRACT ("Contract"), made and entered into pursuant to the Texas Interlocal Cooperation Act,Chapter 791, Texas Government Code (the "Act"), by and between the HoustonGalveston Area Council, hereinafter referredto as "HGAC," having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, and , a local government, a state agency, or a nonprofit corporation created and operated to provide one ormore governmental functions and services, hereinafter referred to as "End User," having its principal place of business at , .City OfMendota Heights 1101Victoria Curve Mendota Heights MN 55118 WITNESSETH, HGAC is a regional planning commission and political subdivision of the State of Texas operating underChapter 391, Texas Local Government Code; andWHEREAS, pursuant to the Act, HGAC is authorized to contract with eligible entities to perform governmental functions andservices, including the purchase of goods and services; andWHEREAS, in reliance on such authority, HGAC has instituted a cooperative purchasing program under which it contractswith eligible entities under the Act; andWHEREAS, End User has represented that it is an eligible entity under the Act, that its governing body has authorized thisContract on (Date), and that it desires to contract with HGAC on the terms set forth below;WHEREAS05/18/2021, HGAC and the End User do hereby agree as follows:NOW, THEREFOREARTICLE 1: LEGAL AUTHORITYThe End User represents and warrants to HGAC that (1) it is eligible to contract with HGAC under the Act because it is oneof the following: a local government, as defined in the Act (a county, a municipality, a special district, or other politicalsubdivision of the State of Texas or any other state), or a combination of two or more of those entities, a state agency (anagency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of anotherstate), or a nonprofit corporation created and operated to provide one or more governmental functions and services, and (2) itpossesses adequate legal authority to enter into this Contract.ARTICLE 2: APPLICABLE LAWSHGAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules,regulations, and ordinances and laws in effect or promulgated during the term of this Contract.ARTICLE 3: WHOLE AGREEMENTThis Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, andsupersede any and all oral and written agreements between the parties relating to matters herein.ARTICLE 4: PERFORMANCE PERIODThe period of this Contract shall be for the balance of the fiscal year of the End User, which began and ends. This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year, provided thatsuch renewal shall not have the effect of extending the period in which the End User may make any payment due an H GACcontractor beyond the fiscal year in which such obligation was incurred under this Contract.01/01/202112/31/2021ARTICLE 5: SCOPE OF SERVICESThe End User appoints HGAC its true and lawful purchasing agent for the purchase of certain products and services throughthe H GAC Cooperative Purchasing Program. End User will access the Program through HGACBuy.com and by submission
of any duly executed purchase order, in the form prescribed by HGAC to a contractor having a valid contract with HGAC.
All purchases hereunder shall be in accordance with specifications and contract terms and pricing established by HGAC.
Ownership (title) to products purchased through HGAC shall transfer directly from the contractor to the End User.
ARTICLE 6: PAYMENTS
HGAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, and
presentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay H
GAC’s contractor the full amount of the invoice. All payments for goods or services will be made from current revenues
available to the paying party. In no event shall HGAC have any financial liability to the End User for any goods or services
End User procures from an H GAC contractor.
ARTICLE 7: CHANGES AND AMENDMENTS
This Contract may be amended only by a written amendment executed by both parties, except that any alterations, additions, or
deletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automatically
incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such
law or regulation.
HGAC reserves the right to make changes in the scope of products and services offered through the HGAC Cooperative
Purchasing Program to be performed hereunder.
ARTICLE 8: TERMINATION PROCEDURES
HGAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to the other
party to this Contract. The obligations of the End User, including its obligation to pay HGAC’s contractor for all costs
incurred under this Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under
this Contract, until performed or discharged by the End User.
ARTICLE 9: SEVERABILITY
All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination
shall not affect any other term of this Contract, which shall continue in full force and effect.
ARTICLE 10: FORCE MAJEURE
To the extent that either party to this Contract shall be wholly or partially prevented from the performance within the term
specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts
of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not
attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be
suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely
to pay funds. Determination of force majeure shall rest solely with HGAC.
ARTICLE 11: VENUE
Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of
purchase.
THIS INSTRUMENT HAS BEEN EXECUTED BY THE PARTIES HERETO AS FOLLOWS:
City Of Mendota Heights
Name of End User (local government, agency, or nonprofit
corporation)
1101 Victoria Curve
Mailing Address
, Mendota Heights MN 55118
City, State ZIP Code
Signature of chief elected or appointed official | Date
, Mark McNeill City Administrator
Typed Name & Title of Signatory
HoustonGalveston Area Council
3555 Timmons Lane, Suite 120, Houston, TX
77027
By:
Executive Director
Date:
END USER DATA
Please sign and return the Interlocal Contract, along with this completed form, to HGAC by emailing it to
cpcontractfax@hgac.com or by faxing it to 7139932424. The contract may also be mailed to:
HGAC Cooperative Purchasing Program
P.O. Box 22777, Houston, TX 772272777
County Name: Name of End User Agency:City Of Mendota Heights Dakota
Mailing Address: , 1101 Victoria Curve Mendota Heights MN 55118
Main Telephone Number: FAX Number: 6514521850 6514064776
Physical Address: , 1101 Victoria Curve Mendota Heights MN >55118
Web Site Address: www.mendotaheights.com
Official Contact:Dave Dreelan
Mailing Address: 2121 Dodd Rd
, Mendota Heights MN 55120
Title: Fire Chief
Ph No.: 6514852272
FX No.: 6514064776
EMail Address: daved@mendotaheights.com
Authorized Official:Mark McNeill
Mailing Address: 1101 Victoria Curve
, Mendota Heights MN 55118
Title: City Administrator
Ph No.: 6512551153
FX No.: 6514528940
EMail Address: markm@mendotaheights.com
COMPLETING AND EXECUTING THE ILC PROCESS
Step 1 (complete)
Thank you for completing this step. A PDF copy of the ILC document will be delivered to the email address entered.
Step 2
Secure a signature by the individual identified as the Authorized Official to contractually bind your entity.
Step 3
Scan and email a copy of the contract to HGAC at cpcontractfax@hgac.com, or fax it to 7139932424.
The contract may also be mailed to:
PO Box 22777
Houston, TX 772272777
HGAC Cooperative Purchasing Program
If you require an original signed contract, please print, sign, and mail two (2) sets of the ILC documents.
Step 4
HGAC will execute the contract and return a copy to you electronically.
INTERLOCAL CONTRACT FORCOOPERATIVE PURCHASING ILC No.:ILC2111235Permanent Number assignedby HGACTHIS INTERLOCAL CONTRACT ("Contract"), made and entered into pursuant to the Texas Interlocal Cooperation Act,Chapter 791, Texas Government Code (the "Act"), by and between the HoustonGalveston Area Council, hereinafter referredto as "HGAC," having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, and , a local government, a state agency, or a nonprofit corporation created and operated to provide one ormore governmental functions and services, hereinafter referred to as "End User," having its principal place of business at , .City OfMendota Heights 1101Victoria Curve Mendota Heights MN 55118 WITNESSETH, HGAC is a regional planning commission and political subdivision of the State of Texas operating underChapter 391, Texas Local Government Code; andWHEREAS, pursuant to the Act, HGAC is authorized to contract with eligible entities to perform governmental functions andservices, including the purchase of goods and services; andWHEREAS, in reliance on such authority, HGAC has instituted a cooperative purchasing program under which it contractswith eligible entities under the Act; andWHEREAS, End User has represented that it is an eligible entity under the Act, that its governing body has authorized thisContract on (Date), and that it desires to contract with HGAC on the terms set forth below;WHEREAS05/18/2021, HGAC and the End User do hereby agree as follows:NOW, THEREFOREARTICLE 1: LEGAL AUTHORITYThe End User represents and warrants to HGAC that (1) it is eligible to contract with HGAC under the Act because it is oneof the following: a local government, as defined in the Act (a county, a municipality, a special district, or other politicalsubdivision of the State of Texas or any other state), or a combination of two or more of those entities, a state agency (anagency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of anotherstate), or a nonprofit corporation created and operated to provide one or more governmental functions and services, and (2) itpossesses adequate legal authority to enter into this Contract.ARTICLE 2: APPLICABLE LAWSHGAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules,regulations, and ordinances and laws in effect or promulgated during the term of this Contract.ARTICLE 3: WHOLE AGREEMENTThis Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, andsupersede any and all oral and written agreements between the parties relating to matters herein.ARTICLE 4: PERFORMANCE PERIODThe period of this Contract shall be for the balance of the fiscal year of the End User, which began and ends. This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year, provided thatsuch renewal shall not have the effect of extending the period in which the End User may make any payment due an H GACcontractor beyond the fiscal year in which such obligation was incurred under this Contract.01/01/202112/31/2021ARTICLE 5: SCOPE OF SERVICESThe End User appoints HGAC its true and lawful purchasing agent for the purchase of certain products and services throughthe H GAC Cooperative Purchasing Program. End User will access the Program through HGACBuy.com and by submissionof any duly executed purchase order, in the form prescribed by HGAC to a contractor having a valid contract with HGAC.All purchases hereunder shall be in accordance with specifications and contract terms and pricing established by HGAC.Ownership (title) to products purchased through HGAC shall transfer directly from the contractor to the End User.ARTICLE 6: PAYMENTSHGAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, andpresentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay HGAC’s contractor the full amount of the invoice. All payments for goods or services will be made from current revenuesavailable to the paying party. In no event shall HGAC have any financial liability to the End User for any goods or servicesEnd User procures from an H GAC contractor.ARTICLE 7: CHANGES AND AMENDMENTSThis Contract may be amended only by a written amendment executed by both parties, except that any alterations, additions, ordeletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automaticallyincorporated into this Contract without written amendment hereto and shall become effective on the date designated by suchlaw or regulation.HGAC reserves the right to make changes in the scope of products and services offered through the HGAC CooperativePurchasing Program to be performed hereunder.ARTICLE 8: TERMINATION PROCEDURESHGAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to the otherparty to this Contract. The obligations of the End User, including its obligation to pay HGAC’s contractor for all costsincurred under this Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred underthis Contract, until performed or discharged by the End User.ARTICLE 9: SEVERABILITYAll parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determinationshall not affect any other term of this Contract, which shall continue in full force and effect.ARTICLE 10: FORCE MAJEURETo the extent that either party to this Contract shall be wholly or partially prevented from the performance within the termspecified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, actsof war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and notattributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall besuspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solelyto pay funds. Determination of force majeure shall rest solely with HGAC.ARTICLE 11: VENUEDisputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State ofpurchase.THIS INSTRUMENT HAS BEEN EXECUTED BY THE PARTIES HERETO AS FOLLOWS:City Of Mendota HeightsName of End User (local government, agency, or nonprofitcorporation)1101 Victoria CurveMailing Address , Mendota Heights MN 55118City, State ZIP CodeSignature of chief elected or appointed official | Date
, Mark McNeill City Administrator
Typed Name & Title of Signatory
HoustonGalveston Area Council3555 Timmons Lane, Suite 120, Houston, TX77027By:Executive DirectorDate:
END USER DATA
Please sign and return the Interlocal Contract, along with this completed form, to HGAC by emailing it to
cpcontractfax@hgac.com or by faxing it to 7139932424. The contract may also be mailed to:
HGAC Cooperative Purchasing Program
P.O. Box 22777, Houston, TX 772272777
County Name: Name of End User Agency:City Of Mendota Heights Dakota
Mailing Address: , 1101 Victoria Curve Mendota Heights MN 55118
Main Telephone Number: FAX Number: 6514521850 6514064776
Physical Address: , 1101 Victoria Curve Mendota Heights MN >55118
Web Site Address: www.mendotaheights.com
Official Contact:Dave Dreelan
Mailing Address: 2121 Dodd Rd
, Mendota Heights MN 55120
Title: Fire Chief
Ph No.: 6514852272
FX No.: 6514064776
EMail Address: daved@mendotaheights.com
Authorized Official:Mark McNeill
Mailing Address: 1101 Victoria Curve
, Mendota Heights MN 55118
Title: City Administrator
Ph No.: 6512551153
FX No.: 6514528940
EMail Address: markm@mendotaheights.com
COMPLETING AND EXECUTING THE ILC PROCESS
Step 1 (complete)
Thank you for completing this step. A PDF copy of the ILC document will be delivered to the email address entered.
Step 2
Secure a signature by the individual identified as the Authorized Official to contractually bind your entity.
Step 3
Scan and email a copy of the contract to HGAC at cpcontractfax@hgac.com, or fax it to 7139932424.
The contract may also be mailed to:
PO Box 22777
Houston, TX 772272777
HGAC Cooperative Purchasing Program
If you require an original signed contract, please print, sign, and mail two (2) sets of the ILC documents.
Step 4
HGAC will execute the contract and return a copy to you electronically.
INTERLOCAL CONTRACT FORCOOPERATIVE PURCHASING ILC No.:ILC2111235Permanent Number assignedby HGACTHIS INTERLOCAL CONTRACT ("Contract"), made and entered into pursuant to the Texas Interlocal Cooperation Act,Chapter 791, Texas Government Code (the "Act"), by and between the HoustonGalveston Area Council, hereinafter referredto as "HGAC," having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, and , a local government, a state agency, or a nonprofit corporation created and operated to provide one ormore governmental functions and services, hereinafter referred to as "End User," having its principal place of business at , .City OfMendota Heights 1101Victoria Curve Mendota Heights MN 55118 WITNESSETH, HGAC is a regional planning commission and political subdivision of the State of Texas operating underChapter 391, Texas Local Government Code; andWHEREAS, pursuant to the Act, HGAC is authorized to contract with eligible entities to perform governmental functions andservices, including the purchase of goods and services; andWHEREAS, in reliance on such authority, HGAC has instituted a cooperative purchasing program under which it contractswith eligible entities under the Act; andWHEREAS, End User has represented that it is an eligible entity under the Act, that its governing body has authorized thisContract on (Date), and that it desires to contract with HGAC on the terms set forth below;WHEREAS05/18/2021, HGAC and the End User do hereby agree as follows:NOW, THEREFOREARTICLE 1: LEGAL AUTHORITYThe End User represents and warrants to HGAC that (1) it is eligible to contract with HGAC under the Act because it is oneof the following: a local government, as defined in the Act (a county, a municipality, a special district, or other politicalsubdivision of the State of Texas or any other state), or a combination of two or more of those entities, a state agency (anagency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of anotherstate), or a nonprofit corporation created and operated to provide one or more governmental functions and services, and (2) itpossesses adequate legal authority to enter into this Contract.ARTICLE 2: APPLICABLE LAWSHGAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules,regulations, and ordinances and laws in effect or promulgated during the term of this Contract.ARTICLE 3: WHOLE AGREEMENTThis Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, andsupersede any and all oral and written agreements between the parties relating to matters herein.ARTICLE 4: PERFORMANCE PERIODThe period of this Contract shall be for the balance of the fiscal year of the End User, which began and ends. This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year, provided thatsuch renewal shall not have the effect of extending the period in which the End User may make any payment due an H GACcontractor beyond the fiscal year in which such obligation was incurred under this Contract.01/01/202112/31/2021ARTICLE 5: SCOPE OF SERVICESThe End User appoints HGAC its true and lawful purchasing agent for the purchase of certain products and services throughthe H GAC Cooperative Purchasing Program. End User will access the Program through HGACBuy.com and by submissionof any duly executed purchase order, in the form prescribed by HGAC to a contractor having a valid contract with HGAC.All purchases hereunder shall be in accordance with specifications and contract terms and pricing established by HGAC.Ownership (title) to products purchased through HGAC shall transfer directly from the contractor to the End User.ARTICLE 6: PAYMENTSHGAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, andpresentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay HGAC’s contractor the full amount of the invoice. All payments for goods or services will be made from current revenuesavailable to the paying party. In no event shall HGAC have any financial liability to the End User for any goods or servicesEnd User procures from an H GAC contractor.ARTICLE 7: CHANGES AND AMENDMENTSThis Contract may be amended only by a written amendment executed by both parties, except that any alterations, additions, ordeletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automaticallyincorporated into this Contract without written amendment hereto and shall become effective on the date designated by suchlaw or regulation.HGAC reserves the right to make changes in the scope of products and services offered through the HGAC CooperativePurchasing Program to be performed hereunder.ARTICLE 8: TERMINATION PROCEDURESHGAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to the otherparty to this Contract. The obligations of the End User, including its obligation to pay HGAC’s contractor for all costsincurred under this Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred underthis Contract, until performed or discharged by the End User.ARTICLE 9: SEVERABILITYAll parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determinationshall not affect any other term of this Contract, which shall continue in full force and effect.ARTICLE 10: FORCE MAJEURETo the extent that either party to this Contract shall be wholly or partially prevented from the performance within the termspecified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, actsof war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and notattributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall besuspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solelyto pay funds. Determination of force majeure shall rest solely with HGAC.ARTICLE 11: VENUEDisputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State ofpurchase.THIS INSTRUMENT HAS BEEN EXECUTED BY THE PARTIES HERETO AS FOLLOWS:City Of Mendota HeightsName of End User (local government, agency, or nonprofitcorporation)1101 Victoria CurveMailing Address , Mendota Heights MN 55118City, State ZIP CodeSignature of chief elected or appointed official | Date, Mark McNeill City AdministratorTyped Name & Title of Signatory HoustonGalveston Area Council3555 Timmons Lane, Suite 120, Houston, TX77027By:Executive DirectorDate:END USER DATAPlease sign and return the Interlocal Contract, along with this completed form, to HGAC by emailing it tocpcontractfax@hgac.com or by faxing it to 7139932424. The contract may also be mailed to:HGAC Cooperative Purchasing ProgramP.O. Box 22777, Houston, TX 772272777County Name: Name of End User Agency:City Of Mendota Heights DakotaMailing Address: , 1101 Victoria Curve Mendota Heights MN 55118Main Telephone Number: FAX Number: 6514521850 6514064776Physical Address: , 1101 Victoria Curve Mendota Heights MN >55118Web Site Address: www.mendotaheights.comOfficial Contact:Dave DreelanMailing Address: 2121 Dodd Rd, Mendota Heights MN 55120 Title: Fire ChiefPh No.: 6514852272FX No.: 6514064776EMail Address: daved@mendotaheights.comAuthorized Official:Mark McNeillMailing Address: 1101 Victoria Curve
, Mendota Heights MN 55118
Title: City AdministratorPh No.: 6512551153
FX No.: 6514528940
EMail Address: markm@mendotaheights.com
COMPLETING AND EXECUTING THE ILC PROCESS
Step 1 (complete)
Thank you for completing this step. A PDF copy of the ILC document will be delivered to the email address entered.
Step 2
Secure a signature by the individual identified as the Authorized Official to contractually bind your entity.
Step 3
Scan and email a copy of the contract to HGAC at cpcontractfax@hgac.com, or fax it to 7139932424.
The contract may also be mailed to:
PO Box 22777
Houston, TX 772272777
HGAC Cooperative Purchasing Program
If you require an original signed contract, please print, sign, and mail two (2) sets of the ILC documents.
Step 4
HGAC will execute the contract and return a copy to you electronically.
Request for City Council Action
MEETING DATE: May 18, 2021
TO: Mayor, City Council, and City Administrator
FROM: Scott Goldenstein, Assistant Fire Chief
SUBJECT: April 2021 Fire Synopsis
Fire Calls:
In April the Fire Department was paged for service a total of 30 times.
Mendota Heights 25 call(s)
Lilydale 2 call(s)
Mendota 1 call(s)
Sunfish Lake 0 call(s)
Other 2 call(s)
Types of calls:
Fires: 4 In April, the Fire Department responded to four actual fires. These included a
grass/vegetation fire, a fire at a non-permitted encampment, a dumpster fire inside a
permanent enclosure, and a fire in a portable bathroom that burned.
Medical/Extrication: 4 Four times during the month of April, the MHFD was requested to
assist at medical calls (details of medicals are intentionally omitted).
Hazardous Situations: 4 Under the heading of hazardous situations, the MHFD responded to a
residence to investigate a carbon monoxide detector activation where the department was able
to confirm that there was carbon monoxide in the residence. The department was also paged
for an outdoor smell of natural gas which was confirmed and later turned over to Xcel Energy.
The department was called for what was thought to be a vehicle fire but later appeared to have
been a vehicle overheat. The final call was a carbon monoxide alarm but no hazard was deemed
present.
Service Calls: 1 One call the department respond to was for assistance for a resident in need.
False Alarms/System Malfunctions: 8 Eight times the station was paged and the department
responded to calls where it was due to an unintentional trip of an alarm, a faulty detector, or
burnt food.
Good intent Calls: 1 There was just one call coded as a good intent when a person thought
there was a structure fire when, when in fact, it was a permitted controlled burn in the area.
Dispatched and Cancelled En route: 6 Six times the MHFD was cancelled en route to a call,
but before arrival we were cancelled. (Eight times if you include the two mutual aid calls listed
below).
Mutual/Auto-Aid Other: 2 Twice in April, the Mendota Heights Fire Department was paged
to West Saint Paul. Once for a suspected structure fire and one for a suspected propane tank
explosion. In both cases the Fire Department was cancelled before arriving.
April Training:
April 7 18:30 EMS “C” Option 3
This drill is part three of four drills that are required for firefighters to maintain their EMR
(Emergency Medical Responder) certification. This class is not required for firefighters who
maintain a higher level of medical training (EMT’s, paramedics, etc.)
April 14 18:30 HazMat Operations
This drill is an annual hazardous materials refresher course. This class had a classroom
component, an indoor chemical spill scenario, and tied together with the establishment of a
“decontamination corridor” to do gross decontamination of victims as well as for crews before
they could be transported to a hospital (if needed).
April 15 07:00 HazMat Operations
This drill is an annual hazardous materials refresher course. This class had a classroom
component, an indoor chemical spill scenario, tied together with the establishment of a
“decontamination corridor” to do gross decontamination of victims as well as for crews before
they could be transported to a hospital (if needed).
April 26 18:30 Firefighter Health & Wellness
A speaker from MNfire was brought in to speak with our firefighters about recognizing trouble
signs, being aware of available resources for emergency services and understanding the toll
that repeated traumatic exposures can have on a person mentally.
April 27 07:00 Firefighter Health & Wellness
A speaker from MNfire was brought in to speak with our firefighters about recognizing trouble
signs, being aware of available resources for emergency services and understanding the toll
that repeated traumatic exposures can have on a person mentally.
Number of Calls 30 Total Calls for Year 99
FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE
ACTUAL FIRES
Structure - MH Commercial $70,000
Structure - MH Residential $0
Structure - Contract Areas $0
Cooking Fire - confined $0
Vehicle - MH $1,000
Vehicle - Contract Areas $500
Grass/Brush/No Value MH 1
Grass/Brush/No Value Contract
Other Fire 3 1,170.00$ 500.00$ -$ *1,670.00$
OVERPRESSURE RUPTURE $1,170 $500 $0
Excessive heat, scorch burns
MEDICAL
Emergency Medical/Assist 4
Vehicle accident w/injuries
Extrication ALL FIRES, ALL AREAS (MONTH)$1,670
Medical, other
HAZARDOUS SITUATION $1,670
Spills/Leaks 1
Carbon Monoxide Incident 1 $1,000
Power line down
Arcing, shorting $71,000
Hazardous, Other 2
SERVICE CALL
Smoke or odor removal $500
Assist Police or other agency
Service Call, other 1
GOOD INTENT
Good Intent 1
Dispatched & Cancelled 6 Current To Date Last Year
Smoke Scare 25 77 66
HazMat release investigation 2 7 6
Good Intent, Other 1 1 2 4
FALSE ALARMS 0 2 8
False Alarm 2 11 18
Malfunction
Unintentional 7 Total:30 99 102
False Alarm, other
MUTUAL AID 2 FIRE MARSHAL'S TIME FOR MONTH
Total Calls 30 Inspections 39
Investigations
WORK PERFORMED Hours To Date Last Year
Re-Inspection
Fire Calls 507 1592 1718
Meetings 47 131 372.5 Meetings 2.5
Training 371.25 1567.5 798.5
Special Activity 18 124.5 303 Administration 11.5
Fire Marshal 53 201 0
Plan Review/Training
TOTALS 996.25 3616 3192 TOTAL:53
Other Fire Losses in Mendota Heights for - portable building, outside rubbish/trash, and dumpster fire
Lilydale
Mendota
Sunfish Lake
Other
MENDOTA HEIGHTS FIRE DEPARTMENT
APRIL 2021 MONTHLY REPORT
FIRE LOSS TOTALS
LOCATION OF FIRE ALARMS
Mendota Heights
Mendota Heights Only Structure/Contents
Mendota Heights Only Miscellaneous
Mendota Heights Total Loss to Date
Contract Areas Loss to Date
TOTAL MONTHLY FIRE LOSSES
5/6/2021 Mendota Heights Building Activity Report Mike Andrejka, Building Official
April 1, 2021 thru April 30, 2021 January 1, 2021 thru April 30, 2021 January 1, 2020 thru April 30, 2020 January 1, 2019 thru April 30, 2019
Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected
SFD 0 -$ $0.00 SFD 3 2,114,550.00$ $22,201.17 SFD 2 795,000.00$ $9,377.78 SFD 1 629,742.00$ 6,776.14$
Apartment 0 -$ $0.00 Apartment 0 -$ $0.00 Apartment 0 -$ $0.00 Apartment 1 9,135,000.00$ 63,519.64$
Townhouse 2 1,000,000.00$ $8,641.88 Townhouse 2 1,000,000.00$ $8,641.88 Townhouse 0 -$ $0.00 Townhouse 0 -$ -$
Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ -$
Misc 88 1,186,495.90$ 16,409.74$ Misc 225 3,162,970.26$ 44,803.81$ Misc 137 1,820,624.70$ 26,643.81$ Misc 126 1,983,514.47$ 26,481.40$
Commercial 1 10,000.00$ $191.75 Commercial 6 5,055,881.35$ $42,786.47 Commercial 6 407,715.00$ $4,380.50 Commercial 8 10,455,000.00$ 35,418.14$
Sub Total 91 2,196,495.90$ 25,243.37$ Sub Total 236 11,333,401.61$ 118,433.33$ Sub Total 145 3,023,339.70$ 40,402.09$ Sub Total 136 22,203,256.47$ 132,195.32$
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 18 $2,834.00 Plumbing 87 $8,332.00 Plumbing 75 $6,563.66 Plumbing 72 7,981.74$
Water 0 $0.00 Water 0 $0.00 Water 0 $0.00 Water 0 -$
Sewer 3 $225.00 Sewer 11 $825.00 Sewer 5 $375.00 Sewer 0 -$
Mechanical 23 $1,905.95 Mechanical 116 397.00$ $11,283.76 Mechanical 91 $7,965.06 Mechanical 97 12,859.01$
Sub Total 44 4,964.95$ Sub Total 214 20,440.76$ Sub Total 171 $14,903.72 Sub Total 169 20,840.75$
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 $0.00 Contractor 207 10,350.00$
Total 135 2,196,495.90$ 30,208.32$ Total 450 11,333,401.61$ 138,874.09$ Total 316 3,023,339.70$ 55,305.81$ Total 512 22,203,256.47$ 163,386.07$
NOTE: All fee amounts exclude SAC, WAC and State Surcharge. Amounts shown will reflect only permit, plan review fee and valuation totals
REQUEST FOR COUNCIL ACTION
DATE: May 18, 2021
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Resolution 2021-40 Public Hearing on Right-of-Way Vacation for Mendota
Heights Road
COMMENT:
INTRODUCTION
The Council is asked to hold a public hearing regarding the vacation of a right-of-way, which
was commenced by petition. This relates to Resolution 2021-40 (attached).
BACKGROUND
The City of Mendota Heights approved a final plat for “The Oaks of Mendota Heights” in 2018.
A copy of the plat is attached which shows the areas of right-of-way that were dedicated for
public use. Along the north property, the underlying plat had previously dedicated right-of-way
which was retained during the replatting to the Oaks of Mendota Heights.
DISCUSSION
The Mendota Heights City Code for subdivision right-of-way dedication is based on the
following table:
Mendota Heights Road is identified as a major collector road on the State functional
classification map attached. Based on this designation, Mendota Heights Road should have a
minimum right-of-way width of 60. Staff would desire a larger right-of-way in this area for
potential future expansion as this road intersects with State Highway 149 (Dodd Road).
The current right-of-way measures 115 feet along the perpendicular measurement from the
northwest property corner and around 170 feet from the northeast property corner. Vacating the
right-of-way as shown on the attached exhibit would result in in a right-of-way width of 92.5 feet
Arterial street 80 - 100 feet
Collector street 60 feet
Minor street 60 feet
Cul-de-sac or marginal access service streets 60 feet
Alley 30 feet
Pedestrianway 10 feet
*Private common access 30 feet
from the northwest corner and 95 feet from the northeast corner. That would be acceptable for
compliance with the city requirements.
The owners of the existing single family lot of Lot 1, Block 1, The Oaks of Mendota Heights,
want this vacated right-of-way to be added to their property. The area of right-of-way vacation
totals approximately 5,000 square feet. That would be added to the approximately 18,000 square
feet of the existing lot. This property would not be able to be subdivided per the current
Mendota Heights zoning standards.
The home owner of the adjacent Lot 1, Block 1, has asked for this vacation as a means to protect
three large oak trees which reside in this right-of-way.
The property owners of 2535 Condon Court, which is further down the cul-de-sac, want to speak
at the Public Hearing. However, they are unable to attend the May 18, 2021 meeting and have
asked that the hearing be continued until June 1, 2021.
BUDGET IMPACT
The Mendota Heights fee schedule includes a required $250 application fee to cover mailing and
recording fees and staff time. That will be paid by the applicant.
RECOMMENDATION
Staff recommends that Council open the hearing and hear any comments. Staff then
recommends that the hearing be held open for two weeks until June 1, 2021 for additional
comments.
ACTION REQUIRED
Staff recommends that the Council open the Public Hearing, hear anyone who wants to speak,
and then table discussion and a decision until the June 1, 2021 meeting.
This action requires a simple majority vote.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2020-40
RESOLUTION APPROVING A RIGHT-OF-WAY VACATION
COMMENCED BY PETITION
WHEREAS, The Oaks of Mendota Heights Plat, Dakota County, Minnesota was approved
in 2019 and identified dedicated right-of-way for Mendota Heights Road; and
WHEREAS, an area of Mendota Heights Road Right-of-Way described below is not
required for road and utility purposes
That part of the right of way of Mendota Heights Road, as dedicated on the recorded
plat of THE OAKS OF MENDOTA HEIGHTS, Dakota County, Minnesota,
described as beginning at the northwest corner of Lot 1, Block 1, said plat; thence
northerly, along the northerly extension of the west line of said Lot 1, a distance of
30.00 feet; thence deflecting to the right 64 degrees 00 minutes 00 seconds a distance
of 81.04 feet to the intersection with the northwesterly extension of the northeast line
of said Lot 1; thence southeasterly, along said northwesterly extension, a distance of
84.19 feet to a northeast corner of said Lot 1; thence westerly, along the north line of
said Lot 1, a distance of 127.01 feet to the point of beginning.; and
WHEREAS, said described area is added to Lot 1, Block 1, The Oaks of Mendota Heights,
Dakota County, Minnesota; and
WHEREAS, said described area is also covered under a drainage and utility easement;
and
WHEREAS, a notice of hearing on said vacation has been duly published and posted more
than two weeks before the date scheduled for the hearing on said vacation, all in accordance with
the applicable statutes; and
WHEREAS, a public hearing was held on said vacation on May 18, 2021, at the City Hall
of Mendota Heights and was continued until June 1, 2021; and
WHEREAS, the City Council then proceeded to hear all persons interested in said vacation
and all persons were afforded an opportunity to present their views and objections to the granting
of said vacation.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota
Heights, Minnesota, as follows:
1. That the vacation of the described portion of Mendota Heights Road Right-of-Way, is
in the best interest of the public and the City, and it is not detrimental to the health,
safety and welfare of the community.
2. That the above described right-of-way be and the same is hereby vacated.
3. That the City Clerk be and is hereby authorized and directed to prepare and present to
the proper Dakota County officials notice of completion of these vacation proceedings,
all in accordance with the applicable Minnesota Statutes.
Adopted by the City Council of the City of Mendota Heights this 18th day of May, 2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
ATTEST ________________________________
Stephanie Levine, Mayor
________________________________
Lorri Smith, City Clerk
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PDODD RDVacation Map
Date: 4/15/2021
City of
Mendota
Heights0100
SCALE IN FEET
GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
That part of the right of way of Mendota Heights Road, as dedicatedon the recorded plat of THE OAKS OF MENDOTA HEIGHTS, DakotaCounty, Minnesota, described as beginning at the northwest corner ofLot 1, Block 1, said plat; thence northerly, along the northerlyextension of the west line of said Lot 1, a distance of 30.00 feet;thence deflecting to the right 64 degrees 00 minutes 00 seconds adistance of 81.04 feet to the intersection with the northwesterlyextension of the northeast line of said Lot 1; thence southeasterly,along said northwesterly extension, a distance of 84.19 feet to anortheast corner of said Lot 1; thence westerly, along the north line ofsaid Lot 1, a distance of 127.01 feet to the point of beginning.PROPERTY DESCRIPTIONI hereby certify that this survey, plan or report was preparedby me or under my direct supervision and that I am a dulylicensed Professional Land Surveyor under the laws of theState of Minnesota.Signed this 23rd day of March, 2021For: James R. Hill, Inc.By:Marcus F. Hampton, Land Surveyor, MN License No. 47481SKETCH & DESCRIPTIONFOR: DICK BJORKLUND PROPERTIES, LLCJames R. Hill, Inc.2999 WEST C.R. 42, SUITE 100, BURNSVILLE, MN 55306PHONE: 952.890.6044 www.jrhinc.comPLANNERS / ENGINEERS / SURVEYORS'RAWN BY'ATEREVISIONSMFH03/23/2021CA' FILEPRO-ECT NO.PAGE 1 OF 223046skt-row.dwg23046-00
PROPERTY TO BE AQUIRED
Page 2 of 2 James R. Hill, Inc.Scale: 1"=30'PROJECT NO. 23046-00SKETCH & DESCRIPTION
FOR: DICK BJORKLUND PROPERTIES, LLC
1
Ryan Ruzek
From:
Sent:
To:
Subject:
Sue Laughlin
Monday, May 3, 2021 11:37 AM
Mark McNeill; Stephanie Levine; Ryan Ruzek
Request for Postponement of Hearing
TO: City Administrator Mark McNeill, Mayor Stephanie Levine and City Engineer Ryan Ruzek
RE: City Council Hearing May 18, 2021
On Saturday May 1, 2021 we received a notice that the City Council will hear a request to vacate a portion of a right‐of‐
way on property adjacent to Mr. Bjorklunds development on Condon Court in Mendota Heights. A copy of the notice is
attached.
We own the only other property on Condon Court and wish to be heard on this matter, but will be out of town on that
date. I spoke to Mr. Ruzek and he suggested that we send our comments. In the past, we have sent comments which
have not been forwarded to the council for hearing, so we have little confidence in that method. More importantly, we
wish to be heard on this issue and we wish to hear all the commentary which might be made, so we want to be present
for the hearing.
Mr. Ruzek stated that this matter might be continued to the next hearing date June 1, 2021 if we provide an email with
our request for postponement.
As of today, we have several unresolved issues concerning the sewer system design which was created to accommodate
Mr. Bjorklund’s development. It currently appears that we cannot safely attach to the sewer line due to the design. This
is impeding our sale of our property. The City is requiring that we pay all assessment fees (which we have done) and
that we attach to the sewer line (which is not recommended). We believe that nothing further should be done to assist
Mr. Bjorklund in furthering his development plans until our issues are resolved.
REQUEST FOR COUNCIL ACTION
DATE: May 18, 2021
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Right-of-Way License Agreement for 569 Miriam Street
INTRODUCTION
Maggie & Eric Christopher are seeking a Right-of-Way License Agreement from the city to
install and maintain trees and plantings within the abutting undeveloped Eugenia right-of-way.
BACKGROUND
The Christopher’s are owners of 569 Miriam Street, which is a 12,665 sq. ft., triple-frontage lot
situated between Miriam Street, Hiawatha Avenue, and the undeveloped Eugenia right-of-way.
The southern 30 feet of the lot is also subject to a right-of-way exemption resulting in an
effective lot size of 9,900 sq. ft.
The undeveloped Eugenia right-of-way was dedicated as a half right-of-way (30 feet) from the
northern plat of Cherokee Park Heights. The north 15 feet of this right-of-way was vacated by
Mendota Heights in 2009. The entire right-of-way was not vacated due to the proximity of the
two homes abutting the southern line. A utility easement was maintained over the previously
vacated northerly 15 feet.
Overhead power existing on the northeastern property corner and overhead lines run to the
northeast. There are no overhead lines within the licensed area.
DISCUSSION
A License Agreement is the City’s permission for a private entity or property owner to install an
improvement or minor structure within city-owned right-of-way. The attached License
Agreement would allow the Christophers to install plantings within a section of city right-of-
way. The agreement also provides for ownership, maintenance and liability of the plantings by
the homeowners; and provides allowance by the city and/or utility companies to access the right-
of-way if needed.
The Christophers are proposing to install 9 mid-sized coniferous trees and one deciduous tree per
the landscape plan provided by Living Space Landscapes. The home owners will also
incorporate pollinator friendly plantings within the overall project.
This agreement was drafted bycity staff, but uses a form for a similar license agreement utilized
previously at another location. The homeowners have reviewed the license document, and
accept the terms and conditions of this license agreement. Letters were mailed to all properties
within 350 feet of the proposed license area.
Staff received two comments regarding the proposed license agreement:
The property owner at 559 Miriam Street is in favor of providing a license and supports
pollinator friendly improvements.
The property owner at 565 Miriam Street, directly to the east, submitted a comment with
concerns on access to the overhead power lines along their rear property line. I met with the
neighbors and applicant and proposed that a new utility easement be granted to allow for a
secondary access. A large limb will also be required to be removed from a tree within the
easement area. The neighboring property was satisfied with the resolution. The power poles,
license area, and proposed easement are included on the attached map.
BUDGET IMPACT
The 2021 Mendota Heights Fee Schedule requires a $350 application fee which was provided by
the applicant.
RECOMMENDATION
Staff recommends Council approve the attached Right-of-Way License Agreement.
ACTION REQUESTED
If Council wishes to enact the staff recommendation, make a motion to approve the attached
Right-of-Way License Agreement between the City of Mendota Heights, and Maggie and Eric
Christopher of 569 Miriam Street. This action requires a simple majority vote.
LICENSE AGREEMENT
This License Agreement (the "LICENSE") is made this 18th day of May, 2021, by and
between THE CITY OF MENDOTA HEIGHTS, a Minnesota municipal corporation (the
"CITY") and ERIC AND MAGGIE CHRISTOPHER (the "LICENSEE").
RECITALS
WHEREAS, the LICENSEE own real property in the CITY located at 569 Miriam Street
("LICENSEE'S PROPERTY"), as described in Exhibit A; and
WHEREAS, LICENSEE’S PROPERTY is contiguous to an unimproved right-of-way owned
by the CITY (the " LICENSED PREMISES”); and
WHEREAS, the CITY agrees to allow LICENSEE to utilize the unimproved right-of- way
area for landscaping until such time as dictated by this LICENSE.
LICENSE
NOW, THEREFORE, in consideration of the terms and conditions contained herein, and
$1.00 and other good and valuable consideration, receipt of which is hereby acknowledged, the
parties hereto agree as follows:
1. Grant of License. The CITY does hereby grant LICENSEE a non-exclusive
revocable license to install and maintain landscaping within the 15 foot wide
unimproved right-of-way of Eugenia Avenue north of 569 Miriam Street. Such
LICENSE shall extend to LICENSEE only.
2. No Interest Created. LICENSEE certifies, represents, and acknowledges that it has
no title in or to the LICENSED PREMISES, nor to any portion thereof, and has
not, does not, and will not claim any such title nor any easement by necessity or
otherwise over the LICENSED PREMISES.
3. Improvements. Other than normal maintenance or repairs to the landscaping and
appurtenances, the LICENSEE shall not make any further additions or
improvements in or to the LICENSED PREMISES without the CITY's prior
written consent.
4. Right-to-Access. The CITY, its agents, contractors/sub-contractors and utility
providers and companies, shall have full and free right-to-access and inspect the
LICENSED PREMISES, or install, repair and maintain any public or private
improvements within the LICENSED PREMISES. Should the landscaping need
to be removed by the CITY or any utility provider as part of a public improvement,
utility improvement, or an emergency situation, the LICENSEE agrees that any
part(s) of the landscaping removed, damaged or destroyed by such actions shall be
non-liable, and agree not to make any claim against the CITY or companies for
damages or repairs to any landscaping improvements.
5. Indemnification. LICENSEE shall hold the CITY harmless from and indemnify
and defend the CITY against any claim or liability arising in any manner from
LICENSEE's use of the LICENSED PREMISES for the Landscaping
Improvements, or relating to the death or bodily injury to any person or damage to
any personal property present on or located in or upon the LICENSED PREMISES,
including the person and personal property of LICENSEE or LICENSEE's
employees, invitees, and guests. LICENSEE agrees to pay all sums of money in
respect to any labor, service, materials, supplies, or equipment furnished or alleged
to have been furnished to LICENSEE in or about the LICENSED PREMISES, and
not furnished on order of the CITY. LICENSEE may contest any lien for such
services, materials, supplies, or equipment, on the condition that LICENSEE first
provide to the CITY cash, bond, credit, or other security against such lien which
the CITY reasonably determines to be sufficient.
6. Assignment or Sublicensing. LICENSEE shall not sublicense any portion of the
LICENSED PREMISES or transfer or assign this LICENSE without obtaining the
prior written consent of the CITY, which consent the CITY may grant or deny at
the CITY's sole discretion; provided that the CITY hereby consents to the
assignment of LICENSEE'S rights and obligations hereunder in the event of the
sale of the LICENSEE'S PROPERTY provided the purchasing party of the
LICENSEE'S PROPERTY agrees to the term and conditions of this LICENSE.
The CITY's consent to any assignment of this LICENSE shall not be a waiver of
the CITY's right under this Section as to any assignment.
7. Notices. All communications, notices, and demands of any kind that either party
may be required or desires to give to or serve on the other party shall be made in
writing and personally delivered or certified U.S. Mail, return receipt requested to
the following addresses:
To the CITY:
City of Mendota Heights
Attention: City Administrator
1101 Victoria Curve Mendota Heights, MN 55118
With a copy to:
Campbell Knutson Professional Association
Attn: Elliot Knetsch, Mendota Heights City Attorney
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
To LICENSEE:
Eric & Maggie Christopher
569 Miriam Street
Mendota Heights, MN 55118
8. No Reliance on CITY's Representations. Neither the CITY nor any agent or
representative of the CITY has made any warranty or other representation with
respect to the LICENSED PREMISES.
9. Termination and Surrender. The CITY reserves the right to terminate this LICENSE
at will and the CITY shall give LICENSEE not less than sixty (60) days' notice of any
termination. Upon termination of this LICENSE by the CITY, the LICENSEE shall
peaceably surrender the LICENSED PREMISES in its unimproved and "as is"
condition.
10. Miscellaneous.
a. Choice of Law. The laws of the State of Minnesota shall govern the validity,
performance, and enforcement of this LICENSE.
b. Counterparts. This LICENSE may be executed in one or more counterparts,
each of which, when taken together will be deemed to be an original.
c. Amendment of Modification. This LICENSE may not be changed or modified
orally, but only upon written agreement signed by the party against whom
enforcement of any waiver, change, modification, or discharge is sought.
d. Severability. If any term or provision in this LICENSE is deemed to be invalid
or unenforceable, the remainder of the LICENSE shall remain in effect and be
enforceable to the fullest extent permitted by law.
e. Time is of the Essence. Time is of the essence in the performance of all
obligations under this LICENSE.
IN WITNESS WHEREOF, the CITY and LICENSEE have caused these presents to be
executed in form and manner sufficient to bind them at law as of the day and year written above.
CITY:
CITY OF MENDOTA HEIGHTS
A Minnesota municipal corporation
Stephanie Levine, Mayor
Lorri Smith, City Clerk
LICENSEE:
Eric Christopher
Maggie Christopher
This instrument was drafted by:
The City of Mendota Heights
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _____ day of
_________________, 2021, by Stephanie Levine, as Mayor, and Lorri Smith, as City Clerk, of the City
of Mendota Heights, Minnesota, the City named in the foregoing instrument.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _____ day of
_________________, 2021, by Eric and Maggie Christopher, husband and wife and the LICENSEE
named in the foregoing instrument.
Notary Public
EXHIBIT A
Property Address: 569 Miriam Street, Mendota Heights, MN 55118
Parcel ID No.: 27-03900-09-040
LEGAL:
Part of Lot 9 Commencing at the South line of Eugenia Avenue then 132.5 feet West of Intersecting
South line of Street and East line of Lot 9 then West 132.5 along a line with bearing of 90 degrees, 13
minutes a distance of 113.8 feet bearing 89 degrees 47 minutes a distance of 91.40 feet bearing 70
degrees, 23 minutes, 30 seconds a distance of 120.80 feet to beginning subject to easement over the
South 30 feet and West 10 feet, Dakota County, Minnesota
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29256MIRIAM STHIAWATHA AVE569 Miriam StreetROW License
Date: 5/13/2021
City of
Mendota
Heights040
SCALE IN FEET
GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
License Area
10' wide easement
Power Pole and Overhead Utilities
1
Ryan Ruzek
From:
Sent:
To:
Subject:
Bryan Kuzel
Sunday, May 9, 2021 1:42 PM
Ryan Ruzek
559 Miriam Street Agreement
Hello,
My name is Bryan Kuzel and I live at 552 Miriam Street. I fully support these pollinator friendly landscape
improvements and hope the agreement will be approved. I believe they are in line with Mendota Heights
commitment to pollinators, provide good neighborhood aesthetic, support the environment, and will be well
received by our neighborhood. Thank you.
1
Ryan Ruzek
From:
Sent:
To:
Subject:
Attachments:
Friday, May 7, 2021 3:27 PM
Ryan Ruzek
ROW License Agreement
Eugenia Avenue2.jpg; IMG_20210507_0001.jpg; Power Pole on Eugenia.docx
Dear Ryan,
We received a letter from you yesterday about a request to issue a license agreement (right‐of‐way
landscaping) for 569 Miriam Street. As longtime residents (34 years) of the next door property, we strongly
oppose this proposal. The property is part of Eugenia Ave that was created to give the utility company access
to two power poles. The first attached image (Eugenia Avenue2) shows a power pole that supplies electricity
to our home and several other homes. The second photo shows another power pole that supplies electricity to
569 Miriam Street. This property needs to remain clear because that is the only way an utility truck can access
these power poles. If it is landscaped, especially with additional trees, there would be no way to service these
power poles.
In 2009, we agreed to vacate the other 15 feet of Eugenia Avenue. The attached letter shows that the
remaining part of Eugenia (that is being request to vacate so landscaping and 10 trees can be planted) is
needed for utility and drainage easement. As the Power Pole on Eugenia image shows, the trees around
Eugenia are very large and mature. There would be no way for a utility truck access the power poles if any
additional trees or landscaping is done. This land needs to remain vacant.
Respectfully,
Tom and Roxanne Koenen
565 Miriam Street
Mendota Heights, MN 55118
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Avast logo This email has been checked for viruses by Avast antivirus software.
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Request for City Council Action
DATE: May 18, 2021
TO: Mayor and City Council, City Administrator, and Assistant City
Administrator
FROM: Meredith Lawrence, Recreation Program Coordinator
SUBJECT: Use of Lights at Marie Park for Night Time Pickleball Play
INTRODUCTION
The City Council is asked to consider a recommendation from the Parks and Recreation
Commission regarding the use of the existing rink lights at Marie Park for night time pickleball
play.
BACKGROUND
At its May 11 meeting, the Parks and Recreation Commission considered a resident request for the
use of Marie Park rink lights for night time pickleball play during the summer. The resident
requested that lights be used from sunset until 10:00pm, when the park closes.
Marie Park has four pickleball courts within the park’s hockey rink. Courts are widely popular
and are often in use throughout the day and evening, weather permitting.
The City Code establishes the park hours to be from 6:00am-10:00pm. Due to early sunset times,
rink lights are used from 5:00pm to 9:00pm during the winter months. Additionally, warming
houses are typically open and staffed with lights running on timers. Control over the functionality
of the lights is managed by onsite rink attendants.
In consideration of the request for summertime use of the lights, the time that lights would need to
be on would vary as sunset times in early summer are quite different from late fall. For example,
in May sunset times are as late as 8:52pm and play can go later into the evening without the need
for lights. Whereas, sunset in late October is as early as 6:05pm and play is limited by daylight.
In its discussion, the Parks and Recreation Commission did not feel lights were needed in the
summer months, but did feel a pilot program could be beneficial in the months of September and
October to enable pickleball play later into the evening.
BUDGET
An estimated cost to utilize the lights would be approximately $30 per month at Marie Park.
RECOMMENDATION
The Parks and Recreation Commission is recommending the use of the existing Marie Park rink
lights for pickleball from mid-September to October 31. The lights would be on until 8:00pm. This
would be a pilot program for 2021 that would be re-evaluated in 2022. The Commission is also
recommending that staff can terminate the pilot program at any time if necessary.
ACTION REQUIRED
If the City Council concurs, it should, by motion, direct staff to mail out notices to those residents
within 500 feet of the Marie Park hockey rink to solicit feedback at the July Parks and Recreation
Commission meeting of a pilot program for light usage in September and October. This item would
come back to the City Council for final approval after the neighborhood engagement opportunity
in July.
REQUEST FOR COUNCIL ACTION
DATE: May 18, 2021
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, Public Works Director
SUBJECT: Recognition of National Public Works Week
COMMENT:
INTRODUCTION
The Council is asked to approve resolution 2021-39 recognizing National Public Works Week.
BACKGROUND
Public Works staff provides vital and essential services to the City of Mendota Heights on a daily
basis, often with little or no recognition. Whether it is snow plowing, street repair, sanitary
sewer cleaning, water main and/or fire hydrant maintenance, parks maintenance, City owned
landscape management, facility repair and maintenance, or inspecting and repairing the inlets
and outlets to our stormwater ponds, Public Works staff does their absolute best to make the City
of Mendota Heights safer, healthier, and a great place to work, live, and play.
DISCUSSION
Each year the American Public Works Association (APWA) sponsors “National Public Works
Week” to help make and keep communities across the country aware of the important role public
works and infrastructure plays in their everyday life. This public support is critical to the
sustained efficient operation of Public Works facilities and infrastructure assets throughout the
City. This year, APWA has set the week of May 16th through May 22nd as “National Public
Works Week.” Throughout the country, cities and counties are recognizing this week in honor of
all their public works employees, and educating their residents and civic organization about the
importance of planning, designing, building, maintaining, managing, and operating municipal
infrastructure; the backbone of our communities and improving the quality of life for everyone.
This year’s theme is “Stronger Together”. By working together, the impact citizens and public
works professionals can have on their communities is magnified and results in the ability to
accomplish goals once thought unattainable.
BUDGET IMPACT
There is no budgetary impact to recognizing “National Public Works Week.”
RECOMMENDATION
Staff recommends City Council formally recognize “National Public Works Week,” by adopting
the attached RESOLUTION 2021-39, “A RESOLUTION RECOGNIZING NATIONAL
PUBLIC WORKS WEEK AS THE WEEK OF MAY 16, 2021 THROUGH MAY 22,
2021.” This action requires a simple majority vote.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-39
A RESOLUTION RECOGNIZING NATIONAL PUBLIC WORKS
WEEK AS THE WEEK OF MAY 16, 2021 THROUGH MAY 22, 2021
WHEREAS, public works services provided in Mendota Heights are an integral part of our
residents’ everyday lives; and
WHEREAS, the support of an understanding and informed constituency is vital to the efficient
operation of public works facilities and services such as water service, sanitary sewers, storm sewers,
street maintenance, trails, park maintenance, and snow plowing; and
WHEREAS, the health, safety, comfort, and quality of life of Mendota Heights residents greatly
depends on these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities and services, as well as their
planning, design, construction, and maintenance is critically dependent upon the efforts and skill of
public works officials and staff; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff the public works
department is materially influenced by the residents’ attitude and understanding of the importance of the
work they perform; and
WHEREAS, the 2021 theme of National Public Works Week, “Stronger Together,” signifies
that by working together, the impact citizens and public works professionals can have on their
communities is magnified and results in the ability to accomplish goals once thought unattainable; and
WHEREAS, it is the desire of the City of Mendota Heights to recognize the superior
performance and dedication of its public works staff and honor the vital service they perform for the City
on a daily basis.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights that the week of May 16th through May 22nd, 2021 is to be recognized as “National
Public Works Week” in the City of Mendota Heights, Minnesota.
BE IT FURTHER RESOLVED that residents and civic organizations are called upon to
familiarize themselves with the efforts necessary to provide Mendota Heights with the public works
facilities and services we all enjoy, and to recognize the contributions made by public works staff every
day toward out health, safety, comfort, and quality of life.
Adopted by the City Council of the City of Mendota Heights this 18th day of May 2021.
CITY COUNCIL
ATTEST: CITY OF MENDOTA HEIGHTS
________________________ __________________________
Lorri Smith, City Clerk Stephanie Levine, Mayor
Date: May 18. 2021
To: Mayor and City Council
From: Mark McNeill, City Administrator
Subject: Work Session Scheduling
Comment:
Introduction:
The City Council is asked to schedule a work session to discuss a variety of topics.
Background:
There are a number of topics which the City Council needs to discuss in a work setting, so that decisions
may be made. Probable subjects for the agenda include:
o City Facility Naming Policy
o Door to Door Licensing Code Change
o Liquor License Fee discussion
o FY 2022 Budget Discussion
o City Administrator Succession Discussion
Calendars for May and June are attached, with notations as to known conflicts. (“NO” indicates
that either key staff, or the Council Chambers are not available). The meeting would be in-
person, and in the City Council Chambers.
Possible dates are:
Monday May 24 (if completed by 6:00 PM)
Thursday June 3 (City Clerk not available)
Wednesday June 9
Monday June 14
I anticipate at least two hours’ time will be needed.
Action Required:
The Council should establish a date and time for a work session.
Mark McNeill
City Administrator